SACW | 04 Jan 2004

Harsh Kapoor aiindex at mnet.fr
Sun Jan 4 00:18:14 CST 2004


South Asia Citizens Wire  |  04 January,  2004
via:  www.sacw.net

[ANNOUNCEMENT:  Please note, SACW dispatches are 
going to be interrupted starting  January 6/7  to 
and are not likely to resume before February 22, 
2004. ]

[1] Pakistan: The end of the beginning?  (Ardeshir Cowasjee)
[2] Pakistani, Indian fishermen hope for an end to harsh treatment (Paul Haven)
[3] India: Communalism and nationalism - Congressisation of BJP (Balraj Puri)
[4] India: 'Community' and 'Nation' - Groping for 
Alternative Narratives (Mahua Sarkar)
[5] India: Boycott mars Goa's Liberation fete (Devika Sequeira)
[6] India: The Judiciary in a Democracy [ A report from Delhi]


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

[1]


Dawn
January 4, 2003

The end of the beginning?
By Ardeshir Cowasjee

Let us hope it is - and not the other way around. 
As wrote William Shirer in his magnificent book, 
'The Rise and Fall of the Third Reich':
"And the German people? On August 19 [1934], some 
95 per cent of those who had registered went to 
the polls, and 90 per cent, more than 
thirty-eight million of them, voted approval of 
Hitler's usurpation of complete power. Only four 
and a quarter million Germans had the courage - 
or the desire - to vote 'No'. No wonder that 
Hitler was in a confident mood when the Nazi 
Party Congress assembled in Nuremberg on 
September 4. I watched him on the morning of the 
next day stride like a conquering emperor......".
President General Pervez Musharraf rode in four 
years ago, and he still has his feet on the 
ground. He does not hear voices from on high. He 
remains benign. He has, nevertheless, omitted to 
do many of the things he promised to do. But he 
now can and should do what he must do for this 
nation. Significantly and importantly, he still 
remains the best of the worst to rule over us.
Our hirsute holy brigade, who kill, maim and 
bully in the name of 'honour', continue to get 
away with murder and with acid-chucking, and with 
stripping women naked and parading them through 
town centres without one gallant man coming 
forward to help, to cover, and escort the victims 
safely back home.
In many of its mores, this nation sticks firmly 
to its primitive ways. It too often seems that we 
have just come down from the trees (fast 
disappearing from the land and destroyed even by 
vice-chancellors of our universities), that we 
have not shed our tails. The core issue is, as it 
has been for decades, education - education, 
education and more education.
In the larger democratic free world education is 
regarded as a fundamental human right, even a 
basic human right. But the 1973 Constitution to 
which (in its various mangled mashed forms and 
when not suspended) Pakistan has been subjected 
makes no mention of education in its lengthy 
listing of the people's fundamental rights. 
However, the Constitution does hold the state 
responsible for the alleviation of illiteracy, 
the provision of free and compulsory secondary 
education, and the accessibility to the masses of 
technical and professional education on the basis 
of merit. But for reasons of expediency and 
survival, right from the maker and promulgator of 
the Constitution all the way down to those who 
operate it today, these exemplary stipulations 
have been either ignored or put to use in a 
manner guaranteed to warp and pervert the 
national mindset.
Most guilty stands President General Zia ul Haq. 
One of his early objectives was to 'redefine the 
aims of education' and bring it in line 'with 
Pakistani faith and ideology'. The subject of 
Islamiat was made compulsory at all levels of 
education, all the way up to BA. For over twenty 
years, the children and youth of Pakistan have 
been brainwashed and taught but bigotry, violence 
and hate.
President General Pervez Musharraf has declared 
his own war against the prevalent religious 
intolerance, violence and sectarianism, which he 
stated two years ago were to be 'tackled in a 
systematic and methodical manner' (still 
pending). He did not acknowledge that it is the 
educational system now in place that fosters and 
furthers these national ills, nor that if 
Pakistan is to be what he wishes it to be - a 
progressive, moderate and democratic Pakistan - 
the entire educational system would have to be 
radically and completely revamped so that the 
country's children are able to learn and 
understand the value of the general's goals, so 
that they may be taught the truth, rather than a 
string of untruths, so that they may understand 
and learn that honesty pays, that equality and 
justice are universal attributes that are not 
constrained and personalized by a pernicious 
religiosity.
A report compiled by Professor A H Nayyar and 
Ahmed Salim of the Sustainable Development Policy 
Institute, Islamabad, entitled 'The Subtle 
Subversion - The state of Curricula and Textbooks 
in Pakistan' was released last year 
[www.sdpi.org]. Anyone interested in the true 
evils of our present education system should 
obtain a copy - as should our president general.
According to this report, the curriculum wing of 
the ministry of education undertook a revision of 
the curricula in 2002. It failed entirely to 
address the existing distortions and in certain 
cases has actually added to and magnified the 
most significant mutilations. The men and women 
involved are obviously not up to the job - they 
in fact pose a danger - and new qualified and 
untainted blood needs to be recruited and put in 
place.
The main problems with our curricula and 
textbooks are listed in the Nayyar report :
* "Inaccuracies of fact and omissions that serve 
to substantially distort the nature and 
significance of actual events in our history.
* Insensitivity to the actual existing religious diversity of the nation.
* Incitement to militancy and violence, including 
the encouragement of Jihad and Shahadat.* 
Perspectives that encourage prejudice, bigotry 
and discrimination towards fellow citizens, 
especially women and religious minorities, and 
towards other nations.
* A glorification of war and the use of force.
* Omission of concepts, events and material that 
could encourage critical self-awareness among 
students.
* Outdated and incoherent pedagogical practices 
that hinder the development of interest and 
insight among students."
For instance, the textbooks on social studies 
misrepresent and distort events that are within 
the living memory many of us, of a good chunk of 
the population. The lies are glaring, systematic 
and deliberate.
As for history, its books are littered with 
omissions, misinterpretations, falsehoods and 
downright lies. It is totally selective and 
simply ignores many historical periods of our 
part of the world, thus making it impossible for 
any student to sensibly and chronologically 
interpret historical events. Worse, says the 
report, is the fact that "the material is 
presented in a way that encourages the student to 
marginalize and be hostile towards other social 
groups and people in the region."
The entire curricula lay an extraordinary stress 
on the never defined 'ideology of Pakistan'. The 
phrase was coined in 1962 by a member of the 
Jamaat-i-Islami to suit his party's special brand 
of politics. The textbooks equate the phrase with 
Mohammad Ali Jinnah, putting into his mouth words 
that would never have entered his head and which 
he certainly never enunciated.
Our present education system is loaded with 
religious teachings and more or less leads 
students to believe that the sole essential 
education is that of Islamiat, and an Islamiat 
with a particularly narrow viewpoint, filled with 
exclusivist and divisive tendencies.
Even the Constitution, wide open to 
misinterpretation as it is, is deliberately 
misinterpreted.
The ministry of education, which supposedly 
controls the provincial textbook boards, is 
either totally oblivious of the calibre of the 
citizens its system is churning out, or it has 
its own sinister agenda in direct contradiction 
to the stated objectives and principles set and 
stated by the president-general, the man guiding 
the fate and destiny of this nation.
The Nayyar report must be widely circulated, it 
must be quoted, and there must be much more 
written on the various points and problems it 
deals with and on its recommendations. Hopefully 
the men and women of the education ministry, for 
the first time in Pakistan's history, will heed 
sensible advice offered for free and not 
constitute another useless forum to discuss and 
write another self-defeating report on this 
report. We have already lost fifty-six years.


______


[2]

azcentral.com

Pakistani, Indian fishermen watch peace efforts
2 nations' villagers hope for an end to harsh treatment

Paul Haven
Associated Press
Jan. 3, 2004 12:00 AM

KARACHI, Pakistan - India and Pakistan have gone 
to war three times and set off alarm bells with 
nuclear brinkmanship. They have accused each 
other of terrorism, shut their border crossings, 
tailed diplomats and cut off air service.
But largely unnoticed are the poor fishermen in 
the choppy waters of the Arabian Sea who have 
borne the brunt of 56 years of enmity by being 
tossed into jails.
It is a ritual of contempt and mistrust that has 
ensnared illiterate villagers who toil to earn a 
few dollars a day fishing from battered trawlers. 
Those who stray into the wrong waters, 
accidentally or not, are jailed, sometimes for 
years, with no access to lawyers or consular 
officials and no contact with their families.
"It's the most frightened I've ever been," Yousuf 
Kachi, a Pakistani fisherman released by India in 
November, said of the night in 2002 when his boat 
was boarded by sailors with machine guns who said 
his boat was in India's waters.
Kachi and other fishermen from both nations 
recently spoke about their ordeals, and all 
expressed hope that recent peace overtures 
between India and Pakistan will put an end to the 
arrests.
The two nuclear-armed nations have been gingerly 
exploring peace since spring. And in the first 
visit to Pakistan by an Indian leader since early 
1999, Prime Minister Atal Bihari Vajpayee plans 
to attend a summit Sunday through Tuesday in 
Islamabad.
As part of their efforts to cool tensions, both 
sides' armies have stopped artillery shelling 
across the line that divides Kashmir, the 
Himalayan region claimed by both, and the 
governments are re-establishing air, rail and bus 
service and resuming diplomatic ties.
In recent months, Pakistan and India also have 
cut back on detaining fishermen and released 
some, but more than 130 still languish in jail.
Kachi said that after his boat was boarded, he 
and 13 other men were forced to follow an Indian 
patrol boat to Jamnagar in the western Indian 
state of Gujarat, about 125 miles southeast of 
the border.
They were put into a small room with another 
boatload of Pakistani fishermen. Kachi said there 
was no room to sit, and the men were not given 
food for two days.
Finally, the fishermen were taken to a prison 
about four hours away. They were given buckets 
and mops and told to start cleaning.
"The inmates were yelling at us, telling us that 
Pakistanis were dirty, filthy people," said 
Kachi, a slight man with no formal education who 
thinks he is probably about 60. "The inmates 
said: 'You are just here to clean the filth off 
our toilets. You are nothing.' "
Kachi said the Pakistanis were held in a separate 
part of the jail, but they were subjected to 
verbal abuse every day as they performed menial 
tasks in the main cell blocks. Some of the men 
were beaten, both by Indian guards and other 
inmates, he said.
"It was terrifying. There were rapists and serial 
killers there," he said. "The Indians were trying 
to make it clear to us they thought we were the 
worst type of people, lower even than their 
criminals."
Both India and Pakistan claim they hold fishermen 
who stray into their waters on suspicion they 
might be spies. But Kachi said he and the other 
men were never interrogated or accused of 
anything while they were held.
They were not granted access to Pakistani 
officials until a few days before they were 
released. The men had occasionally been given pen 
and paper to write to their families, but Kachi 
said that when he returned home he found his wife 
and six daughters had not received a single one 
of the letters he had a literate inmate write for 
him.
Treatment is no better for Indian fishermen caught in Pakistani waters.
Rameshbhai Tandel, a 42-year-old from Salaya 
village, not far from Jamnagar, said he was 
asleep when his boat drifted into Pakistani 
territory in May and was quickly spotted by a 
coast guard vessel.
"I was scared like anything," Tandel said, adding 
that two fellow fishermen started weeping.
Altafbhai Khan, who was arrested with Tandel and 
spent four months in custody with him in Karachi, 
said police beat them the first few days. But he 
said their treatment improved considerably after 
they were taken to jail, and they count 
themselves lucky.
"There are so many fishermen who earn their bread 
on the high seas who remain confined in jails in 
Pakistan for a year, or sometimes two or three, 
and come back with marks of torture," he said.
Pakistan still holds at least 102 Indian 
fishermen. India has 29 Pakistanis in custody.
With the improvement in relations, officials of 
the two countries are discussing ways to reduce 
incidents.
For fishermen like Kachi, the thaw is long overdue.
"Both countries should stop doing these things to 
us poor people. They are giant nations and we are 
just fishermen, not important people at all," he 
said. "What threat could a dozen fishermen 
possibly pose."

______



[3]

Deccan Herald
January 03, 2004

Communalism and nationalism
Congressisation of BJP
By BALRAJ PURI

The BJP not only accommodates more diversities 
than the Congress, it has stolen the latter's 
nationalist robes

The election results in four states in the vital 
Hindi belt of the country have defied pollsters, 
baffled the losing party and exceeded the 
expectations of the winning party.

Does it mean that the people of the country have 
become more communal than they used to be in 
Gandhi-Nehru era? Is the battle of secularism 
lost? In many respects the communalism-secularism 
agenda of political discourse in India would lose 
much of its relevance, unless the terms are 
redefined more sharply.

The dilemma of present day secularists - who were 
a part of the nationalist movement - started when 
they began equating and decrying every 
sub-national identity along with communalism. 
Thus the Congress party's main target in the last 
UP election was Mulayam Singh and not the BJP as 
its leaders held that casteism was worse than 
communalism. The ground reality is that the only 
alternative to the BJP in UP today is the 
Samajwadi Party whereas the Congress hardly 
matters there. On the other hand even the RSS, 
which seems to have grown wiser, seized the 
opportunity, to woo Mulayam Singh. Its Kshetra 
Sanghchalak (regional head) Ishwar Chand Gupta 
said (on December 22) that "he was getting closer 
to the Hindutva and we are hopeful that he would 
not only extend increased support to the Sangh's 
nationalist agenda but would even join us on 
issues of national importance." It is the same 
person whom the Sangh Parivar used to call 
Maulana Mulayam Singh.

The real question in India today is uniformity 
versus diversity. The BJP and its predecessor Jan 
Sangh started as parties of uniformity with a 
slogan of Hindi, Hindu and Hindustan and as a 
champion of a strong, centralised unitary form of 
constitution. Today it accommodates far more 
diversity than its main rival. It leads a 
government which includes hardened RSS workers, 
socialists and regional outfits. All opponents of 
unitary constitution and votaries of maximum 
autonomy for states like Dravidian parties, the 
Akali Dal and till recently the National 
Conference have been its allies. In fact all 
Dravidian parties - ruling and in opposition - 
who once threatened secession from India are 
vying with one another to collaborate with the 
BJP.

Militant collusions
How far the BJP can go to accommodate 
secessionist groups is ironically highlighted by 
the RSS mouthpiece Panchjanya. Its issue of 7 
December focuses on North-East and gives details 
of the BJP's collusion with 'militant', 
secessionist and 'pro-conversion' elements in 
these states for 'political gains.' Panchajanya 
reports that the BJP is a member of the ruling 
National Democratic Alliance and five of its 
seven legislators are ministers in Naglanad. Its 
adds that the Alliance came to power with "the 
help of the militant organisation NSCN-IM" and 
that its government is known for funding church 
activities for the last many years.

Similarly in Mizoram, the BJP supported the MNF 
in the recent election to keep the Congress out. 
The BJP accommodates not only regional 
sentiments, however chauvinistic, but also makes 
all possible compromises with caste groups. Thus 
it took all the risk involved in supporting 
unpredictable Mayawati as the chief minister to 
neutralise the scheduled castes and invited her 
to campaign for it in the Gujarat elections. It 
is oversimplification to interpret Modi's victory 
as that of the Hindutva, though the communal 
massacre did polarise the voters. But the fact 
that he went out of his way to woo scheduled 
castes, scheduled tribes and that he himself 
belonged to an OBC, too, were contributory 
factors.

The ideological and ethnic sweep of the BJP is 
too wide - from Christian militants to Hindu 
militants - to easily comprehend and counter by a 
party like the Congress which has become too 
purist and uniformist to fit into Indian reality. 
As a party of the freedom movement it does try to 
revive nostalgic memories of its role of a party 
of Indian nationalism. But it has not noticed how 
its rival the BJP is gradually co-opting all 
icons of the freedom movement and has started 
claiming that it is the real inheritor of the 
freedom movement.

Long ago Gandhi was acclaimed as one of its 
heroes by the RSS, which was once accused of his 
murder. The parivar had all along owned Sardar 
Patel as iron man of India and uncompromising 
nationalist. Vivekananda and Tilak have been its 
revered figures. The BJP has started celebrating 
birth anniversaries of Subash Chander Bose and 
Bhagat Singh.

Dividing line
So far the dividing line between the BJP and the 
secularists used to be Nehru. But recently Party 
President Venkaiah Naidu claimed that his party 
was doing precisely what the Congress used to do 
under the leadership of Gandhi and Nehru. The 
ease with which stolen robes could fit the new 
wearers is also due to the changed definition of 
nationalism. In Gandhi-Nehru era, it was defined 
in terms of hostility to British imperialism 
which has disappeared and replaced by Pakistan as 
main threat to Indian nationalism. In its 
anti-Pakistan role, the BJP scores better than 
other parties. Its hostility to Indian Muslims is 
mainly an extension of its anti-Pakistanism.

As it is the space for the Congress as the main 
alternative to the BJP has shrunk. It has no more 
monopoly of Indian nationalism or inheritance of 
the freedom movement. It has neither accommodated 
within its fold ideological and ethnic 
diversities nor has so far been unwilling to 
forge alliances with other parties. In that 
respect it has almost replaced the BJP as a party 
of uniformity which further tend to circumscribe 
its role.

Thus we are witnessing a process of what may be 
called Congressisation of the BJP or the 
BJPisation of the Congress. However this process 
could be reversed if the Congress and the 
"secular" parties go beyond "exposing duplicity, 
hypocrisy and opportunism" of the Sangh parivar.

Their efforts will be far more credible if they 
show a better understanding of the Indian 
realities, update and refine their ideology, 
redefine certain terms like secularism and 
nationalism and improve their tactics and 
strategy.


_____


[4]

Economic and Political Weekly
December 27, 2003

'Community' and 'Nation'
Groping for Alternative Narratives

In the context of the mounting evidence of 
calculated mass brutality against religious 
minorities it is tempting to hold on to a 
comforting picture of India as a political 
community that despite its internal cleavages 
'pulls together' because of the innate goodness 
of its individual citizens. But is this the best 
that the left-liberal opposition to the Hindu 
right can do? Are we now reduced to celebrating 
every isolated story of individual courage - as 
seen in 'Mr and Mrs Iyer' - in our desperate 
search for assurances?

Mahua Sarkar

Aparna Sen's latest film, 'Mr and Mrs Iyer' - 
overwhelmingly billed as a 'love story' set 
against the 'backdrop of communal violence'1  - 
was released in 2002 in the wake of a brutal 
pogrom against Muslims in Gujarat that left 
hundreds dead, and many more traumatised and 
destitute. Judging from the enthusiastic response 
and the awards it has won since then,2  including 
the Nargis Dutt Award for best film on national 
integration,3  it would seem that the film has 
struck a chord with the outrage and frustration 
that many liberal and secular-minded Indians feel 
in the aftermath of the Gujarat violence. A 
survey of the various reviews in the media as 
well as informal discussions on internet sites 
indicates a general consensus among viewers that 
'Mr and Mrs Iyer' is a masterful exploration of 
'human nature and relationships',4  and 'a 
powerful political statement about communal 
conflict'.5  At the 50th National Film Awards in 
July 2003, the film was lauded 
"Šacross-the-boardŠfor its restrained and 
compassionate account of ordinary individuals 
caught in senseless conflict".6  The themes that 
recur in many of these discussions are: the bus 
as an allegory for 'India', the journey as a 
'typical Indian experience', communal violence as 
'interruption', Meenakshi Iyer's dilemma as 
'every Indian's dilemma', and her 'awakening' or 
'coming of age' as a human being, and especially 
as a woman, as an inner journey that is shared by 
the audience in general and, presumably, Indians 
in particular.7 

It is perhaps not difficult to see why 'Mr and 
Mrs Iyer' might appeal to so many viewers with 
ostensibly 'liberal/secular' and middle class 
sensibilities. The film's depiction of a wry 
pluralism in the opening sequences on the bus, as 
captured through the reluctant accommodations the 
linguistically and culturally diverse mix of 
testy passengers make for each other, brings back 
nostalgic memories of a rhetoric of 'unity in 
diversity' that permeated so much of India's 
public cultural discourse, well into the 1980s. 
As the following excerpt from one review of the 
film suggests, in the 1970s and 1980s, when mass 
agitations brought people with different 
religious beliefs together around issues such as 
rising food prices, dowry deaths, or the curbing 
of democratic rights,8  the idea of a 'plural' 
India seemed relatively uncomplicated:

As a [middle-class] HinduŠI grew up knowing that 
a multi-religious, tolerant and secular society 
was a given and the occasional eruptions of 
ethnic [sic] violence were aberrations resulting 
from modern India's traumatic birth.9 

One could of course question whether that 
'tolerant society' of middle class majoritarian 
imagination ever looked quite so wholesome from 
the point of view of religious minorities of any 
class backgrounds, not to mention the many 
internally colonised (along axes of caste or 
gender, for instance) and displaced peoples 
within the territory of independent India. What 
is undeniable, however, is that even such 
privileged and rarefied visions of pluralism are 
increasingly difficult to sustain in the ugly 
political climate of contemporary India.

Today, communal riots - shamefully common enough 
in the post-independence history of India - seem 
to have turned into open massacres of minority 
populations by majority Hindus, staged most 
recently in Gujarat, apparently with 
carnivalesque fanfare and 'a special savagery', 
with the active participation of 'educated' 
middle class Hindus, not to mention the support 
and help of state officials.10  In report after 
report, one reads about the 'chillingly unique' 
nature of the violence - especially sexual 
violence against women and even children, 
presumably "Šas a means of proving the 
masculinity" of Hindu men - during the recent 
pogroms in Gujarat.11  According to some, the 
'intensity of torture' and "the sheer opulence 
and exuberance in forms of cruelty" on display in 
Gujarat exceeds the known horrors of the 20th 
century, including the subcontinent's own record 
of violence during the partition riots.12  The 
gruesome pictures emerging from the wreckage 
would seem to confirm this view.13  What is more, 
by all accounts, the events in Gujarat in 2002 
could have been anticipated from the various 
experiments of the Sangh parivar throughout the 
1990s - from Surat to Bombay to Bhopal.14  In the 
face of this mounting evidence of calculated, 
rational mass brutality against Muslims in 
particular, and religious minorities in general, 
it is tempting to hold on to a comforting picture 
of India as a political community that, despite 
its internal cleavages, 'pulls together', thanks 
to the innate goodness of its individual 
citizens.15  But is this the best that the 
left-liberal opposition to the Hindu right can 
do? Should we let our disgust and outrage at the 
Sangh parivar and its politics of hatred and 
terror beat us into accepting just any vision of 
'community' and 'integration' that is served up? 
Or should we be ever more vigilant today about 
the terms in which that community/nation is 
imagined, and the conditions of integration that 
are presented in a narrative - state-sponsored or 
otherwise? Are we now reduced to celebrating 
every isolated story of individual courage in our 
desperate search for assurances, maybe even 
redemption? Or, should we pause to question what 
characterisation of the citizen-subject is made 
available in a film like 'Mr and Mrs Iyer' before 
we rush to identify with it?

It is remarkable how often the idea of an 
essential humanity of Indians surfaces in the 
various commentaries on 'Mr and Mrs Iyer'.16  
Consider for instance the following excerpt from 
one review:

Aparna Sen's story of an unlikely love borne 
against a backdrop of communal violence makes for 
a deeply touching filmŠBlending social comment 
with a moving tale of disparate people thrown 
together by circumstance, 'Mr and Mrs Iyer' is an 
evocative film that articulates the simple truth 
of the human condition and it's [sic] natural 
predisposition for humanity, as the central 
protagonist overcomes her own cultural and 
religious prejudices to embrace her fellow 
traveller...In Meenakshi's silent awakening, the 
director expresses her own hopes for a similar 
transformation of Indian society?.17  (emphasis 
added).

Predisposition to 'Indianness'

Here, the author not only glorifies individual 
action, but also naturalises it as a result of a 
'predisposition', divesting it in the process of 
all conscious political content. 'Action' in such 
a view is understood not as 'doing', but as 
'transformation/awakening' - something that 
'happens' to the actor, that s/he undergoes 
rather than consciously does in the face of 
injustice. The assumption, in short, is that 
people are inherently good, and when faced with a 
crisis, their humanity is 'aroused'18  prompting 
them to 'assist each other as good humans 
must'.19 

In another article, the idea of inherent humanity 
is conflated with yet another essentialism: 'true 
Indianness':

Meenakshi's dilemma belongs to all Indians 
ŠDespite the virulent divisive propaganda that is 
so current today, few of us will betray our duty 
as true Indians to protect fellow citizens of 
different religions. And this is the Indianness 
that the director brings into focus so sharply 
and clearly.20
The unwavering belief in the essential 
benevolence of Indianness in these articles is 
truly astounding, given that most survivors from 
Gujarat report fleeing mobs ranging from 2-3,000 
to 20-22,000 people strong, armed with swords, 
trishuls and other instruments that could be 
employed to kill.21  Almost nowhere one hears of 
counter-mobilisations of any consequence that 
could stem the tide of violence. Even the film, 
in spite of its obvious focus on individual grit, 
shows that very few people are truly inclined to 
protest injustice done to others. Indeed, one of 
the film's most trenchant, if somewhat muted, 
criticisms is lodged in its rather dispassionate 
depiction of the ease with which the marooned 
passengers moved onto perfectly mundane concerns 
and conversations so soon after they witnessed 
the Muslim couple being dragged off the bus to 
their death. It is hard to say what is more 
frightening in the film: the implied violence of 
the mob, or the incredible apathy of the 
bystanders - those that Sumanta Banerjee has 
recently called the 'silent majority'. In 
Banerjee's words,

After every major communal riot, people like us 
(both liberal and Leftists) who want to believe 
in the humane qualities of Indians go on 
reiterating the old cliché - the majority of 
Indians are secular-minded and all Hindus and 
Muslims believe in living together in peaceful 
harmony! We describe them as the 'silent 
majority', and pity them as mute observers of 
vicious riotsŠ (refusing) to face up to the fact 
that the silence of this 'silent majority' often 
amounts to acquiescence in communal riotsŠ22 

Assertions of faith in individual sense of duty 
and isolated acts of courage at this juncture in 
India's history thus appear to be little more 
than wishful thinking, if not outright 
delusional. In my reading, the popularity of a 
film like 'Mr and Mrs Iyer' has to be understood 
within this larger politics of disavowal that 
seeks solutions to collective problems in 
individual acts of bravery or humanism, shying 
away in the process from the urgent need for 
collective political mobilisation.

It is also worth noting the ease with which most 
of the commentaries on the film identify 
Meenakshi Iyer's dilemma as 'every Indian's 
dilemma', even though the bus was full of 
characters - all Indians - with dilemmas that 
were per force quite different from hers. Why do 
the dilemmas of the Muslim couple (to lie about 
their names or not), or that of Raja (whether to 
pass as a Hindu man or not), or that of the 
intruders, for that matter (to kill or not) not 
constitute every Indian's dilemma? From what 
subject location is it possible to assume that 
the only relevant choices confronting 'true 
Indians' today are that of either 'protecting' 
others or, presumably, being silent? Or, 
conversely, what enables us to imagine that 'true 
Indians' are those who face the specific set of 
rather privileged dilemmas that an upper caste 
middle class Hindu person might face in India 
today? What, in other words, is the definition of 
a 'true Indian' embedded in such thinking? Why 
should we read the film, as Renuka Viswanathan so 
easily does, as a testament to 'what it means to 
be an Indian woman today',23  rather than what it 
might mean to be an upper caste, middle class 
Hindu woman confronting a mob consisting of right 
wing Hindu in India today? Can we even begin to 
approach what it must have meant to be the women 
who were buried in the mass graves of Dudheshwar, 
or Sarkhej, or Naroda Patiya in the spring of 
2002 from the choices Meenakshi Iyer faces on 
that bus?

Love in the context of war/violence is of course 
a familiar trope. We have all seen films in which 
two lovers are separated by war, where violence 
intervenes in direct and immediate ways in their 
lives. In 'Mr and Mrs Iyer', however, the 
violence is somehow conveniently distant from the 
main characters, always happening to others, 
providing a riveting context for the inner drama 
of the heroine's 'growing up' to unfold. The 
intrusion of the murderers certainly rattles 
Meenakshi enough to unsettle her usual casteist 
sensibilities, surprising Raja, the audience, and 
perhaps even Meenakshi herself. But the film 
never really shows her directly in danger from 
the Hindu mob, either in the bus or later in the 
guesthouse - that is, any more than anyone 
(certainly any woman) travelling on her/his own 
might be from any mob, anywhere. As a Muslim man, 
Raja of course could be in grave danger from a 
Hindu mob seeking out Muslims. Yet, he escapes 
because Meenakshi claims him to be her husband. 
But, could we imagine Mrs Iyer standing up for 
just any Muslim man in the same way? More 
importantly, could we imagine her succeeding even 
if she were to try? What if it were someone who 
dressed and behaved like Iqbal Ahmad Khan, the 
old man who was taken away, but were 30 years 
younger? Would she still be able to convince the 
intruders that Raja were indeed her husband, Mani 
Iyer? What, then, enables her to succeed in her 
dramatic attempt at intervention?

To answer this question, it would be instructive 
to take a closer look at the film's 
characterisation of the three Muslim passengers. 
Iqbal Ahmad Khan and his wife Najma are portrayed 
as elderly, old-fashioned people, who talk 
nostalgically of a bygone era of grace and 
courtliness, and are distinctly ill at ease in a 
bus full of screaming, westernised teenagers. 
They also wear clothes that, at least in the 
subcontinent, are associated with Muslims, even 
if not exclusively. Khan Sahib even sits down to 
read his Maghrib namaaz in the middle of the bus, 
much to the expressed irritation of another 
passenger, a Bengali man, who mutters "These 
people are something elseŠBloody terrorists", 
signalling to the audience that he himself is not 
explicitly religious and likely Hindu - in short, 
what passes for 'secular-minded' in common 
parlance in India. Frankly, it is hard to believe 
that the Hindu 'fanatics' really needed any 
assistance from the lone Jewish passenger in 
spotting the couple as Muslims, at least on that 
bus.24 

In sharp contrast, Raja Choudhury bears no mark 
of his ethnicity or religious affiliation. A 
wildlife photographer who holds his own anywhere 
- whether in the city or the densest jungles, 
from the foothills of the Himalayas to the 
forests of Kerala - Raja is the modern subject 
par excellence. He is well travelled, 
cosmopolitan, and sees the world - including the 
violence inflicted on other Muslims marked by 
their adherence to religious beliefs and 
practices - through the panoptical eye of the 
camera. Unlike Iqbal Ahmad Khan and Najma, who 
are, arguably, associated with India's past, Raja 
is presented as secular, and decidedly of the 
present, who berates Meenakshi for not keeping up 
with the 21st century, and then proceeds to 
introduce her to the joys of enlightened vision. 
He is also the true subject of history, enjoying 
the privilege of mobility unhindered by 
discernible roots in any tradition, observing and 
recording everything, but himself always 
remaining unseen, unmarked, and somehow above the 
fray. Indeed, it is as if everyone in that film 
exists to explain, validate and serve what Raja, 
the enlightened subject of India's imagined 
present and desired future, stands for. Even the 
police officer, who was conspicuously absent when 
the older Muslim couple were being dragged to 
their death, readily offers special assistance to 
Raja, presumably because they are both modern, 
urban, middle class men, who shared an interest 
in photography! One could even argue that it was 
Raja's image of an enlightened modern man that 
saved Meenakshi and her son from being marooned 
like the rest of the passengers in the midst of a 
riot-torn area.

It is difficult not to like Raja Choudhury; he is 
handsome, suave, cosmopolitan - a person one 
could take home with oneself, pass of as a Hindu 
in a jam, and, god forbid, even love, if only 
secretly! One is of course relieved that he did 
not fall victim to the fanatical mob, and 
shocked, as Meenakshi is, at the possibility that 
'it could have been (him)!' But, let us pause for 
a moment to consider what we are being asked to 
endorse here - manifestly or not. First, members 
of minority communities can survive in 
contemporary India only if they are willing and 
able to strip themselves of all telltale signs of 
their difference from Hindus. Indeed, the extent 
to which liberal Hindus can help a Muslim or Sikh 
or Christian person in the event of a crisis 
depends, according to the logic of the film, on 
how well the latter has effected such distancing 
from the specific markers of their respective 
community affiliations. Second, even such 
self-erasure in terms of cultural/religious 
markers will not necessarily ensure insulation 
from the danger of sporadic violent attacks by 
the Hindu right. In such cases, they will have to 
depend on the sense of civic and moral duty of 
fellow Hindus, not to mention their courage. In 
return, non-Hindus will have to be prepared to 
not only pass as Hindus, but to participate 
willingly, even lovingly, in the game of their 
Hindufication for as long as it suits their Hindu 
benefactors. Note, for instance, that Meenakshi 
continues to call Raja 'Mr Iyer' until the end in 
the film, presumably because it is as Mr Iyer - a 
Hindu look-alike - and not as Raja or Jehangir 
Choudhury - a Muslim - that she can love him. 
Third, Hindus should learn to temper their 
conservatism and open their hearts to 'others', 
who meanwhile do all the work in losing their own 
'backward' religious habits so that they will not 
be a nuisance to anyone, like Iqbal Ahmad Khan 
seemed to have been to some of the passengers. In 
return, Hindus get to enrich their lives25  
immensely from the experience of closeness with 
mature, modern, cosmopolitan, learned - in short 
incredibly more interesting and accomplished - 
minority persons, since, as we have already 
established, those are the only kind that will be 
allowed to survive in India today. These then, as 
I see it, are the terms of integration that are 
on offer to minorities on the 'mini India bus' in 
the best film for national integration in 2003.

Is this really the best that we can do?

Notes

 1 Poonam Joshi, 'Film Reviews: Mr and Mrs Iyer', 
April 1, 2003, Asian Life, Film Reviews, BBC. 
http://www.bbc.co.uk/asianlife/film/reviews/mr_and_mrs_iyer.shtml; 
Sara Rajan, 'The Toughest Topic', Time Magazine 
(Asia), November 11, 2002, Vol 160, # 18; 
Hindustan Times, New Delhi, July 26, 2003.
 2 'Mr and Mrs Iyer' has received the NETPAC 
award for Best Feature Film at Locarno 
International Film Festival in 2002, the Grand 
Prix for Best Feature Film at the Hawaii 
International Film Festival, and most recently an 
award for Outstanding International Feature at 
the Reel World Film Festival 2003 in Toronto.
 3 50th National Film Awards in India in 2003. 
The film was also chosen as the Best Popular 
film, and won awards for Best Director and Best 
Actress.
 4 Rukminee Guha Thakurta, 'Mr and Mrs Iyer: Love amid Terrorism',
http://hinduism.about.com/library/weekly/aa040103a.htm
 5 Joshi, 'Mr and Mrs Iyer', Film Reviews, BBC.
 6 Amulya Gopalakrishnan, 'Short on Quality', Frontline, Vol 20, #17 URL:
http://www.flonnet.com/fl2017/stories/20030829001908700.htm 
(Viewed on October 29, 2003)  7 Subhash K Jha, 
'Cruelly Disturbing, Fascinatingly Lyrical', 
www.rediff.com/movies/2002, October 3, 2002. 
(viewed on August 17, 2003); Renuka Viswanathan, 
"'Mr and Mrs Iyer': Such a Long Journey", EPW, 
October 25, 2003. 
 8 See Sumanta Banerjee, 'When the 'Silent 
Majority' Backs a Violent Minority', EPW, March 
30, 2002; Rahul De, 'Which Mrs Iyer?' The Hindu, 
February 8, 2003; Tanika Sarkar, 'Semiotics of 
Terror: Muslim Children and Women in Hindu 
Rashtra', EPW, July 13, 2000.
 9 De, 'Which Mrs Iyer?' The Hindu, February 8, 2003.
10 Sarkar, 'Semiotics of Terror', EPW; Genocide: 
Gujarat 2002. Communalism Combat, # 77-78, 
March-April 2002. Mumbai.
11 The International Initiative for Justice in 
Gujarat: An Interim Report, December 2002. 
http://onlinevolunteers.org/gujarat/reports/iijg/interimreport.htm 
(viewed on June 10, 2003); Syeda Hameed et al, 
'How Has the Gujarat Massacre Affected Minority 
Women?: The Survivors Speak', Fact-finding by a 
Women's Panel, sponsored by Citizens's 
Initiative, April 16, 2002; K G Kannabiran, 
'Narendra Modi's Hindutva Laboratory' in Bad 
Faith, The Little Magazine, 3(2), 2002; Praful 
Bidwai, 'End the Butchery, Sack Modi', Frontline, 
19(6), March 16-29, 2002.
12 Sarkar, 'Semiotics of Terror', EPW.
13 See for instance, Genocide: Gujarat 2002, pp 68-86.
14 Sarkar, 'Semiotics of Terror', EPW, Communalism Combat, March-April 2002.
15 Sara Rajan, 'The Toughest Topic', Time Asia 
Magazine, November 11, 2002; Joshi, 'Mr and Mrs 
Iyer', Film Reviws, BBC, Samsat, 'Defying the 
Barriers of Fanaticism', July 9, 2003. 
http://www.mouthshut.com/readreview/41211-1.html; 
Premjit, 'Emotions Under Curfew', January 10, 
2003. www.mouthshut.com/readreview/31323-1.html
16 See, for instance, Samsat, 'Defying the 
Barriers of Fanaticism', 
http://www.mouthshut.com. July 9, 2003; Premjit, 
'Emotions under Curfew', 
http://www.mouthshut.com. January 10, 2003; 
Rukminee Guha Thakurta, 'Love amid Terrorism', 
hinduism.about.com, Joshi, 'Mr and Mrs Iyer', 
Film Reviews, BBC.
17 Joshi, 'Mr and Mrs Iyer', Film Reviews, BBC.
18 Samsat, 'Defying the Barriers', mouthshut.com
19 Premjit, 'Emotions under Curfew', mouthshut.com
20 Viswanathan, 'Such a Long Journey', EPW, October 25, 2003.
21 Crime Against Humanity, vol 1, Concerned Citizen's Tribunal, Gujarat 2002.
22 Banerjee, 'Silent Majority', EPW, March 30, 2002.
23 Viswanathan, 'Such a Long Journey', EPW, October 25, 2003.
24 The introduction of the frightened Jewish man 
and the 'foreskin' drama seems entirely forced in 
the film - giving rise to a whole set of off-hand 
comments about the 'weird Jew' in the reviews 
that border on the offensive. However, in the 
interest of focus and brevity, I will not address 
them in this essay.
25 Gowri Ramnarayan, 'Leitmotif of a Journey: A 
Film about Love between Unlikely Candidates', The 
Hindu, December 15, 2002.


_____



[5]

>  Deccan Herald 20/12/03

Boycott mars Goa's Liberation fete
  Devika Sequeira
PANAJI, DHNS
>
>  There was a red carpet welcome for Vice-President Bhairon Singh
>  Shekhawat, and a marked display of patriotic fervour at the Azad Maidan
>  in this State capital on Friday morning.
>
>  None of it, however, dispelled the bitter aftertaste the move to create
>  RSS-designated "freedom-fighters" has left in a state that has stood
>  its ground on communal amity.
>
>  Mr Shekhawat felicitated 153 non-Goans drawn from across the country
>  on a day that marked the 42nd anniversary of Goa's Liberation.
>
>  The government said thousands of people outside of Goa had played
>  a role in Goa's freedom movement, and their contribution had gone
>  unrecognised. "Their moral support provided the requisite boost to the
>  Liberation movement," its official note claimed.
>
>  Deeply anguished by what they perceive as a debasement of their
>  struggle, most of Goa's freedom-fighters who owe allegiance
>  to the Goa, Daman and Diu Swatantra Sainik Sanghatana
>  boycotted today's function. They said they had been "insulted
>  and dishonoured" to be clubbed with those who had never taken part
>  in Goa's freedom movement.
>
>  "This is an insult to registered freedom fighters. How can someone's
>  expression of 'willingness' to take part in Goa's freedom struggle be
>  equated with what genuine freedom fighters have suffered?" asked
>  Mr Vasant Molio who heads the Goa freedom fighters body.
>
>  Red-faced and embarrassed by the controversy, the State's administration
>  tried to persuade Mr Molio to withdraw the boycott threat, but to no
avail.
>
>  A former IPS officer and one of Goa's best known freedom fighters,
>  Mr Prabhakar Sinari suspects there is an "ulterior motive" to the
>  recent move to create new freedom fighters under this government,
>  and that too, 42 years after Goa's freedom. "Who has established
>  if these are genuine freedom fighters? There are hundreds of Goan
>  freedom fighters who have gone unrecognised. Many of them are
>  already dead," he points out.
>
>  The official criteria requires that a freedom fighter should have been
>  incarcerated for a minimum of three months by the colonial regime.
>
>  Many here hold the highly proactive Goa Governor Kedar Nath Sahani
>  responsible for the attempts to restructure Goa's liberation history
>  to suit a right-wing agenda. Known for his strong RSS background,
>  Mr Sahani received quite a few slogans of support from a mostly
>  non-Goan audience at the Azad Maidan.
>
>  The Governor admitted that none of those felicitated today had
>  actually come to Goa to participate in the struggle. They had travelled
>  all the way to Pune and Belgaum to register their names and expressed
>  a desire to be part of the movement, he said.
>
>  Among those felicitated today were 42 new freedom fighters
>  from Karnataka, 36 from Madhya Pradesh, 20 from Maharashtra,
>  10 from Jammu and Kashmir, 9 from Rajasthan, 7 from Gujarat
>  and five each from Tamil Nadu and Daman, apart from others.
>

_____


[6]

India: The Judiciary in a Democracy [ A report from Delhi]

On December 12, 2003, Champa-The Amiya  and B.G. 
Rao Foundation held its annual lecture series at 
the Deputy Speaker's Hall, Constitution Club, 
Delhi. This year's discussion focussed on the 
judiciary in a democracy and five eminent 
speakers addressed the gathering: Om Prakash 
Sharma, Nandita Haksar, Vahida nainar, Vrinda 
Grover and K. John Sundar. Prof. Imtiaz Ahmed 
presided. The event was a presentation of legal 
perspectives on cases such as Ayodhya, Gujarat 
killings, the attack on December 13, 2001 on the 
Parliament, the 1984 riots in Delhi and trade 
union rights in Tamil Nadu. All the speakers 
stressed the urgent need to closely examine the 
judicial system and the working of legal 
institutions in order to prevent the further 
erosion of democracy at a critical moment in 
post-Independence India.
  Introducing the theme N.D. Pancholi, Advocate 
and human rights activist closely associated with 
Ms Amiya Rao outlined the importance of a 
fearless and independent judiciary in fulfilling 
the mandate of the Indian Constitution. He 
believed that with the rise of communal and 
fascist forces there has been a growing abuse of 
human rights of the people by the state. The role 
of the judiciary has therefore assumed added 
importance. The chairperson Prof. Imtiaz Ahmed, 
provided a context to the discussion where the 
people turned to the courts for relief as the 
crisis of Indian democracy deepened, but faced 
disappointment there too. Public Interest 
Litigation, which had provided much relief to 
people in the past, appeared to be derailed now 
by vested interests and was no longer working in 
the interests of ordinary people. 
Speaking on the Babri Masjid issue, Mr Sharma 
pointed out that the judiciary tends to 
manipulate issues rather than resolve them, and 
that matters have been pending since 1950 on the 
Ayodhya cases. The legacy of the unresolved 
'dispute' to essentially what is a title suit is 
that the violence that it has generated since 
1992, blatantly indulged in by Hindutva politics, 
could have been avoided if the courts had acted 
expeditiously. In a sense the judiciary was 
responsible, according to O.P. Sharma, for the 
destruction of the masjid; first for delaying and 
second for accepting the statements of the UP 
government under Kalyan Singh that it would abide 
by the Supreme Court's order that the status quo 
would not be violated whereas his manifesto had 
made abundantly clear that his intent was to 
build the Ram temple exactly where the Babri 
Masjid stood. December 6, 1992 proved that Kalyan 
Singh had been lying to the Supreme Court; he was 
following the strategies of Goebbel the Nazi 
propagandist, whose descendants these 
hindutvavadis were. Mr. Sharma reminded the 
audience that Goebbel worked on the principle 
that repeated lying erases the truth and replaces 
it with falsity. He was also concerned at the 
manner in which the judges were getting isolated 
from the common people as, in a democracy, it was 
crucial that the judges should know the pulse of 
the people. Judges were also prone to being 
influenced especially at the end of their careers 
as they expected to be rewarded with plum 
positions for their loyalty. He was of the 
opinion that judges should be barred from public 
office after retirement in order to ensure their 
independence. Mr. O.P. Sharma was pained by the 
functioning of the Apex Court which even today 
continued to delay the Ayodhya case. He believed 
that the 49 accused persons, including ministers 
and the DYPM in the current central government, 
in the Babri Masjid demolition case should be 
tried under TADA for their anti-national actions 
in 1992.    
Ms. Haksar focussed on issues relating to 
democracy arising from the December 13 Parliament 
attack case. She expressed both surprise and 
concern that the High Court judgement acquitting 
SAR Gilani and Afsan Guru, thereby reversing the 
earlier judgement of the special trial court 
awarding two death penalties to Gilani and 5 
years RI to Afsan, has been regarded as miracle. 
But why should the acquittal of an innocent man 
be regarded as a miracle she queried. Such 
reactions, where what should have been a normal 
judgement is regarded as extraordinary indicate 
how vitiated the perception of the judicial 
system has become and suggested that there is 
something very wrong with the functioning of our 
democracy. Further, the judgement though pointing 
to the fabrications in the arrest memos and other 
lapses by the police stopped short of passing 
strictures against them thereby maintaining a 
deafening silence on bringing to book those who 
were responsible for the concoctions. Nandita 
Haksar concluded by making a strong plea for 
redefining democracy according to our vision in 
which a sensitive and accountable legal system 
would be a fundamental cornerstone.     
Ms. Vahida Nainar who has been involved in 
developing an international feminist 
jurisprudence on crimes against women spoke about 
the genocidal project in Gujarat in 2002. The 
fate of the cases -- where the ground for the 
acquittals of those charged with murder and 
rioting has been carefully and fully prepared-has 
resulted in a crisis of belief in the judicial 
system. She pointed out further, that the 
individual acts of murder though prosecutable 
under sections of the IPC, need to be taken 
together to recognise the crimes as a whole where 
the question of intent can be addressed. The 
crimes in Gujarat showed that the Government of 
the state was not serving the goals of the Indian 
Constitution but was instead serving the goals of 
a Hindutva nation and was not going to provide 
justice to the victims in Gujarat. Ms Nainar 
stated that Indian courts should draw from 
international law to redress the victims of the 
genocide and that they have in the past drawn 
from international provisions where there has 
been no domestic law available. Vahida Nainar 
also expressed serious concern at the recent 
trends in our political system which regards 
elections by themselves as the basis for claiming 
the practice of democracy rather than the 
upholding of all the institutions that make for 
the rule of law.                
Ms. Vrinda Grover, advocate and human rights 
activist, spoke about the judiciary in the 
context of a number of recent cases. She was 
particularly concerned by the findings of Shri 
D.P. Wadhwa who was conducting an inquiry into 
the Graham Staines murder case for exonerating 
the Bajrang Dal, to which the accused Dara Singh 
had belonged. The trial Court too, while 
sentencing Dara Singh exonerated the Bajrang Dal. 
In this way the ideology of hatred and violence 
is removed from judicial scrutiny and the 
individual is treated as an isolated criminal. 
Ms. Grover saw the ills of the judicial system in 
a democracy as remediable not through a reform of 
the law but through political activity and 
emphasised upon the need to see the relationship 
between the judicial system and a vibrant 
democratic politics practised outside the courts.
	The last speaker Mr. John Sundar, a 
government employee in Tamilnadu outlined the 
case of striking government employees in 
Tamilnadu who were dismissed by Ms. Jayalalitha. 
He too bemoaned the derailment of judicial 
activism as the judiciary today has distanced 
itself from providing a forum for the redressal 
of the common people and is available only to the 
powerful sections of our society.
A lively discussion followed on the range of 
issues taken up by the panellists and the links 
between a responsive judiciary and a vibrant 
democratic polity were re-emphasised by members 
of the audience. To sum up, there is a need for 
redefining democracy as not a mere conduct of 
elections, but as upholding the rights of all 
citizens who are currently being cruelly 
dispossessed of the constitutional guarantees for 
them.    



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

Buzz on the perils of fundamentalist politics, on 
matters of peace and democratisation in South 
Asia. SACW is an independent & non-profit 
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