SACW | 7 Nov 2004

sacw aiindex at mnet.fr
Sat Nov 6 20:07:50 CST 2004


South Asia Citizens Wire   |  7 November,  2004
via:  www.sacw.net

[1] Pakistan:  Supreme Court's philosophical black-hole (Edit, Daily Times)
[2] India: 1984 Riots - Oh, That Other Hindu Riot Of Passage  (Khushwant Singh)
[3] India - Rajasthan: Lost tribes - Draw Adivasis into the Hindu 
fold, then poison their minds (DK Singh)
[4] India: Gujarat Carnage: Need for Justice being Side Tracked   - 
Press Release (PUCL Baroda /  Vadodara Shanti Abhiyan)
[5] India: On The "Tribal Policy"  (All India Democratic Women'S Association)
[6] Asian Africans:  `We're all Kenyans here' (Shashi Tharoor)
[7] Upcoming events :
- Film Screening Film: "Bhopal: The Search for Justice" (Toronto, November 30)


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

[1]


Daily Times
November 07, 2004

Editorial: SUPREME COURT'S PHILOSOPHICAL BLACK-HOLE

On Friday, a three-member bench of the Supreme Court of Pakistan 
struck down the Punjab Marriage Functions Act, 2003, and upheld the 
Marriages Ordinance passed by the federal government in 2000. The 
federal ordinance had banned ostentatious marriages, including the 
serving of any meals, while the Punjab government had limited the 
number of meals served to one dish and the number of guests to 300. 
The limitations on feasting were made in order to discourage the 
display of wealth and make it easier for middle-class and low-income 
group families to solemnise marriages of their children without 
social pressures.
The SC agrees with this logic and its verdict says: "It is the duty 
of the state to take steps to encourage the celebration of marriages 
in simple and informal ways, such as the performance of the nikah in 
the mosque of the locality". Of course, the Court also deemed fit to 
refer to the Quran to justify its verdict against ostentation. What 
should we make of this?
For a start, the argument that makes the state responsible for 
intervening in the life of citizens on those counts where a citizen 
is doing no physical "harm" to anyone else is a dangerous one. What 
surprises us is that while the Court and the federal government are 
prepared to interfere with citizens' private affairs, we have 
so-called Islamic laws on the books that determine "body harm" as an 
affair between two private citizens rather than an offence against 
the state, which it is for the simple reason of its being an 
irreparable loss. The recent bill passed by the National Assembly on 
'honour killing' is perfidious precisely for the reason that instead 
of making murder an offence against the state - which would require 
striking down the Qisas and Diyat laws - it has sought to confuse the 
issue by creating further anomalies. All this is done because 
literalist Islamic jurisprudence cannot move away from the concept of 
the wali. While the wali has the right to forgive a murderer, should 
the wali not have the right to celebrate his child's marriage as he 
deems fit?
The point we are making should be obvious. The state's functioning 
and the legal interpretations of it have become ludicrous because 
issues are increasingly being decided on the basis of religion rather 
than civic common sense. So the state makes a certain type of murder 
a private affair and celebration of marriage a public one. That is 
turning reason and rationality on their head. But this is not all.
 From a legal-political perspective, the SC has come up with an 
interesting point about banning provincial legislatures from enacting 
laws that are in conflict with federal laws. We say this is 
interesting because that principle is already established (Articles 
141, 142 and 143). What need should there be for the SC to bring that 
in? Pakistan has a written constitution and each authority - 
executive, legislature, judiciary - has a clearly prescribed mandate. 
The limits on authority are determined. In the event of any grey 
areas, the SC has the right to determine whether a transgression has 
taken place. Similarly, powers have been distributed on the basis of 
three lists - federal, provincial and concurrent. The provincial 
governments cannot legislate on any subject given in the federal 
list; the federal government would not intervene into any subject on 
the provincial list. However, this exclusivity of legislative 
authority - the principle of "covered field" - does not belong in the 
domain of the concurrent list. Here, a provincial government may 
legislate but cannot do so if its legislation is inconsistent with 
any existing federal laws.
The issue is fairly clear. However, in its enthusiasm to say the 
obvious, the SC may have opened another debate. Should the concurrent 
list not have been abolished by now? After all, that was the original 
premise on which the 1973 Constitution was accepted by all parties, 
including the nationalists in the smaller provinces: namely, that 
within ten years the concurrent list will be abolished and all powers 
contained therein would be devolved to the provinces. That has not 
happened. Should the SC not determine that issue considering that it 
brought in the principle of covered field in deciding the question of 
performance of marriages?
We do not have the full verdict of the SC, but it is worth asking 
whether or not it could have invoked Item 5 on the concurrent list 
that deals with "Marriage and divorce, infants and minors, adoption" 
as the basis of its decision in conjunction with Article 143 to 
strike down the Punjab law? If that be the case, then it is important 
to determine whether Item 5 deals with marriage and divorce as a law 
solemnising the contract and its operation thereafter or whether it 
is also meant to deal with the manner of performance or celebration 
of marriage.
As things stand, the SC verdict, far from removing the anomalies, has 
actually added to the confusion. In trying to 'progressively' 
interpret a 'socially progressive' ordinance, it has pegged its 
argument to state intervention in the private sphere, besides 
invoking religion to support its argument. In doing so, not 
surprisingly, it has ended up in a philosophical black-hole. Someone 
should now take the issue of Qisas and Diyat laws on the basis of 
this verdict and get the SC to strike them down because they put in 
the private sphere something that squarely belongs to the state. *

______


[2]

Outlook Magazine
Nov 15, 2004    

84 RIOTS
OH, THAT OTHER HINDU RIOT OF PASSAGE
The assassins of Mrs Gandhi were hanged within four years, while 20 
years later, the killers of 10,000 Sikhs remain unpunished. Are there 
two sets of laws in the country?

Khushwant Singh


There are two anniversaries so deeply etched in my mind that every 
year they come around I recollect with pain what happened on those 
two days. They occurred 20 years ago. One is October 31, when Mrs 
Gandhi was gunned down by her two Sikh security guards. The other is 
the following day, when the 'aftermath' consummated itself: frenzied 
Hindu mobs, driven by hate and revenge, finally killed nearly 10,000 
innocent Sikhs across north India down to Karnataka. Four years 
later, Mrs Gandhi's assassins Satwant Singh and Kehar Singh paid the 
penalty for their crime by being hanged to death in Tihar jail.

Twenty years later, the killers of 10,000 Sikhs remain unpunished. 
The conclusion is clear: in secular India there is one law for the 
Hindu majority, another for Muslims, Christians and Sikhs who are in 
minority.

October 31, 1984: The sequence of events remains as vivid as ever. 
Around 11 am, I heard of Mrs Gandhi being shot in her house and taken 
to hospital. By the afternoon, I heard on the bbc that she was dead. 
For a couple of hours, life in Delhi came to a standstill. Then hell 
broke loose-mobs yelling khoon ka badla khoon se lenge (we'll avenge 
blood with blood) roamed the streets. Ordinary Sikhs going about 
their life were waylaid and roughed up. In the evening, I saw a cloud 
of black smoke billowing up from Connaught Circus: Sikh-owned shops 
had been set on fire. An hour later, mobs were smashing up taxis 
owned by Sikhs right opposite my apartment. Sikh-owned shops in Khan 
Market were being looted. Over 100 policemen armed with lathis lined 
the middle of the road and did nothing. At midnight, truckloads of 
men armed with cans of petrol attacked the gurudwara behind my back 
garden, beat up the granthi and set fire to the shrine. I was 
bewildered and did not know what to do. Early next morning, I rang up 
President Zail Singh.
He would not come on the phone. His secretary told me that the 
president advised me to move into the home of a Hindu friend till the 
trouble was over. The newly-appointed prime minister, Rajiv Gandhi, 
was busy receiving guests arriving for his mother's funeral; home 
minister Narasimha	Rao did not budge from his office; the Lt 
Governor of Delhi had no orders to put down the rioters. Seventy-two 
gurudwaras were torched and thousands of Sikh houses looted. The next 
few days, TV and radio sets were available for less than half their 
price.
Mid-morning, a Swedish diplomat came and took me and my wife to his 
home in the diplomatic enclave. My aged mother had been taken by 
Romesh Thapar to his home. Our family lawyer, Anant Bir Singh, who 
lived close to my mother, had his long hair cut off and beard shaved 
to avoid being recognised as a Sikh. I watched Mrs Gandhi's cremation 
on TV in the home of my Swedish protector. I felt like a Jew must 
have in Nazi Germany. I was a refugee in my own homeland because I 
was a Sikh.
What I found most distressing was the attitude of many of my Hindu 
friends. Two couples made a point to call on me after I returned 
home. They were Sri S. Mulgaonkar and his wife, Arun Shourie and his 
wife Anita. As for the others, the less said the better. Girilal 
Jain, editor of The Times of India, rationalised the violence: the 
Hindu cup of patience, he wrote, had become full to the brim. N.C. 
Menon, who succeeded me as editor of The Hindustan Times, wrote of 
how Sikhs had "clawed their way to prosperity" and well nigh had it 
coming to them. Some spread gossip of how Sikhs had poisoned Delhi's 
drinking water, how they had attacked trains and slaughtered Hindu 
passengers. At the Gymkhana Club where I played tennis every morning, 
one man said I had no right to complain after what Sikhs had done to 
Hindus in Punjab. At a party, another gloated "Khoob mazaa 
chakhaya-we gave them a taste of their own medicine." Word had gone 
round: 'Teach the Sikhs a lesson'.

Did the Sikhs deserve to be taught a lesson? I pondered over the 
matter for many days and many hours and reluctantly admitted that 
Hindus had some justification for their anger against Sikhs. The 
starting point was the emergence of Jarnail Singh Bhindranwale as a 
leader. He used vituperative language against the Hindus. He exhorted 
every Sikh to kill 32 Hindus to solve the Hindu-Sikh problem. Anyone 
who opposed him was put on his hit list and some eliminated. His 
hoodlums murdered Lala Jagat Narain, founder of the Hind Samachar 
group of papers. They killed hawkers who sold their papers.

The list of Bhindranwale's victims, which included both Hindus and 
Sikhs, was a long one. More depressing to me was that no one spoke 
out openly against him. He had a wily patron in Giani Zail Singh who 
had him released when he was charged as an accomplice in the murder
of Jagat Narain. Akali leaders supported him. Some like Badal and 
Barnala, who used to tie their beards to their chins, let them down 
in deference to his wishes. So did many Sikh civil servants. They 
lauded him as the saviour of the Khalsa Panth and called him Sant. I 
am proud to say I was the only one who wrote against him and attacked 
him as a hate-monger. I was on his hit list and continued to be so on 
that of his followers-for 15 long years-and was given police 
protection which I never asked for.

Bhindranwale, with the tacit connivance of Akali leaders like 
Gurcharan Singh Tohra, turned the Golden Temple into an armed 
fortress of Sikh defiance. He provided the Indian government the 
excuse to send the army into the temple complex. I warned the 
government in Parliament and through my articles against using the 
army to get hold of Bhindranwale and his followers as the 
consequences would be grave. And so they were. Operation Bluestar was 
a blunder of Himalayan proportions. Bhindranwale was killed but 
hailed as a martyr. Over 5,000 men and women lost their lives in the 
exchange of fire.

The Akal Takht was wrecked.
Symbolic protests did not take long coming. I was part of it; I 
surrendered the Padma Bhushan awarded to me. Among the people who 
condemned my action was Vinod Mehta, then editor of The Observer. He 
wrote that when it came to choosing between being an Indian or a 
Sikh, I had chosen to be a Sikh. I stopped contributing to his paper. 
I had never believed that I had to be one or the other. I was both an 
Indian and a Sikh and proud of being so. I might well have asked 
Mehta in return, "Are you a Hindu or an Indian?" Hindus do not have 
to prove their nationality; only Muslims, Christians and Sikhs are 
required to give evidence of their patriotism.
Anti-Sikh violence gave a boost to the demand for a separate Sikh 
state and Khalistan-inspired terrorism in Punjab and abroad. Amongst 
the worst was the blowing up of Air India's Kanishka (June 23, 1985), 
which killed all its 329 passengers and crew, including over 30 
Sikhs. Sant Harchand Singh Longowal, who signed the Rajiv-Longowal 
accord (July 29, 1985), was murdered while praying in a gurudwara 
just three weeks later. In August 1986, General A.S. Vaidya, who was 
chief of staff when Operation Bluestar took place, was gunned down in 
Pune in August 1985. The killings went on unabated for almost 10 
years. Terrorists ran a parallel government in districts adjoining 
Pakistan which also provided them arms training and escape routes. It 
is estimated that in those 10 years over 25,000 were killed. Midway, 
the Golden Temple had again become a sanctuary for criminals. This 
time the Punjab police led by K.P.S. Gill was able to get the better 
of them with the loss of only two lives in what came to be known as 
Operation Black Thunder (May 13-18, 1988). The terrorist movement 
petered out as the terrorists turned gangsters and took to extortion 
and robbery.The peasantry turned its back on them.

About the last action of Khalistani terrorists was the murder of 
chief minister Beant Singh, who was blown up along with 12 others by 
a suicide bomber on July 31, 1995, at Chandigarh.
It is not surprising that with this legacy of ill-will and bloodshed 
a sense of alienation grew among the Sikhs. It was reinforced by the 
reluctance of successive governments at the Centre to bring the 
perpetrators of the anti-Sikh pogrom of October 31 and November 1, 
1984. A growing number of non-Sikhs have also come to the conclusion 
that grave injustice has been done to the Sikhs. Several non-official 
commissions of inquiry-including one headed by retired Supreme Court 
chief justice S.M. Sikri, comprising retired ambassadors and senior 
civil servants-have categorically named the guilty. However, all that 
the government has done is to appoint one commission of inquiry after 
another to look into charges of minor relevance to the issue without 
taking any action. The Nanavati Commission has been at it for quite 
some time: I rendered evidence before it over two years ago. It has 
asked for further extension of time, which has been granted till the 
end of this year. The only word I can think of using for such 
official procrastination is disgraceful.
I have to concede that the attitude of the bjp government led by Atal 
Behari Vajpayee and L.K. Advani towards the Sikhs has been more 
positive than that of the Congress, many of whose leaders were 
involved in the 1984 anti-Sikh violence. Some of it may be due to its 
alliance with the principal Sikh political party, the Akalis, led by 
Parkash Singh Badal. It also gives them a valid excuse to criticise 
the Congress leadership. Nevertheless, I welcomed the Congress 
party's return to power in the Centre because it also promises a 
fairer deal to other minorities like the Muslims and Christians. And 
I make no secret of my rejoicing over the choice of Manmohan Singh, 
the first Sikh to become prime minister of India and he in his turn 
selecting another Sikh, Montek Singh Ahluwalia, to head the Planning 
Commission.
The dark months of alienation are over; the new dawn promises blue 
skies and sunshine for the minorities with only one black cloud 
remaining to be blown away-a fair deal to families of victims of the 
anti-Sikh violence of 1984. It was the most horrendous crime 
committed on a mass scale since we became an independent nation. Its 
perpetrators must be punished because crimes unpunished generate more 
criminals.

______



[3]

Communalism Combat
October  2004
Cover Story

LOST TRIBES

DRAW ADIVASIS INTO THE HINDU FOLD, THEN POISON THEIR MINDS AGAINST 
THE MINORITIES. WITH THE GROUNDWORK THUS COMPLETED, AND THE STATE 
UNDER SAFFRON SWAY, IS RAJASTHAN HEADING FOR A REPLAY OF GUJARAT?

BY DK SINGH

Government and Hindutva

'Compromise' has become a key word to survival for the minority 
Christians and Muslims in tribal Rajasthan. They no longer attempt to 
fight Hindu extremists. Legal recourse is hardly a remedy any more. 
Pushed to the wall by aggressive Hindutva and abandoned by law 
enforcement agencies in a secular, socialist, democratic republic, 
they have resigned themselves to fate. Go to any part of tribal 
Rajasthan and the story is the same.

Nathu Dindor, principal of Salom Mission Primary School at Rohaniya 
Laxman village in Banswara, was ambushed by some Hindu extremists in 
July 2002. They caused his motorbike to skid on the road, leading to 
fractures in Dindor's leg. "I reported it to the police but nobody 
was arrested. Later on, I made a deal with the two assailants from 
the VHP because I have to pass by the same road daily and cannot 
afford to have enmity with them," said the teacher.

In the case of Gautam Pargi from Nal Dhibri village, the police have 
been refusing to help him get possession of his land occupied by some 
members of the VHP, despite a court order in favour of Pargi.

Currently, over a dozen Muslim families live in makeshift tents at 
Kotra in Udaipur district. They have been driven out of their 
villages by Hindu extremists over the past three or four years. But 
the administration is keeping quiet about it.

"Cops are completely biased against Adivasi Christians. There have 
been several incidents of attack against Christians here but people 
don't report them to the police any more. The cops either don't 
register the FIR or don't act at all." This statement of helplessness 
from Father Walling Masih of Bijalpur village in Banswara district 
summed up the relationship between Hindu extremists and the official 
machinery.

The State as an institution is becoming a tool in the hands of the 
sangh parivar. In fact, the Rajasthan government has been allocating 
up to Rs. 50 lakh per annum to the Vanwasi Kalyan Parishad, an NGO 
affiliated to the sangh parivar, to run hostels for tribals, which 
are nothing but training camps for Hindu extremists. (A 
Bangalore-based weekly maintained that ironically, this budgetary 
allocation continued through the years of Congress rule.)

Take a look at one such VKP-run hostel at Timerabara in Kushalgarh 
block of Banswara. The single room hall is made of mud and roofed 
with tiles. Pictures of Hindu gods and goddesses adorn the walls. A 
large carpet spread out on the floor serves as a bed for poor tribal 
students. This 'hostel', aided by the state social welfare 
department, has 25 inmates studying in different classes - from Class 
VI to X. The department pays Rs. 1.5 lakh per annum to this travesty 
of a hostel.

Although the money was to be utilised for students' food, uniforms, 
soaps and beds, there was nothing in the room to suggest it. Bharat 
Kumawat, who introduced himself as in-charge of the hostel and 
district organisation secretary of the VKP, escorted probing visitors 
out when questioned about the source of funds and their utilisation. 
"It is none of your business," he said.

Meanwhile, so-called secular parties like the Congress, the Left and 
the Janata Dal have all chosen to remain detached from the sangh 
parivar's 'business'.

On August 14, 2004, a day before India was to celebrate its 58th 
Independence Day, the Pink City of Jaipur, the capital of Rajasthan, 
resounded with slogans of "Jai Shri Ram". The VHP, having decided to 
thumb its nose at law enforcement agencies, organised a trishul 
deeksha (distribution of tridents) programme barely a kilometre away 
from the state secretariat. Similar tridents had been used to kill 
many a hapless Muslim during the Gujarat carnage of 2002. Alarmed by 
the possible fallout of the open distribution of this weapon among 
frenzied Hindu youth, the then Congress-run state government had 
banned trishul deeksha in early 2003.

The VHP decided to make a mockery of this ban after the BJP took over 
the reins of the state. About a year ago, with the Congress at the 
helm in Rajasthan, VHP leader Praveen Togadia had been arrested for 
participating in a similar programme. But in August 2004, the BJP 
government was already nine months old. As the programme began in the 
afternoon, senior police officials either switched off their cellular 
phones or feigned ignorance about events. Uniformed men from the 
local police station were posted outside the venue where the law of 
the land was being violated amidst much fan-fare. Following a public 
outcry over this flagrant mockery of law, the state home minister, 
Gulab Chand Kataria announced a lifting of the ban on trishul deeksha.

There were press releases from opposition parties against this on the 
first day but they were not heard thereafter. Secular voices were too 
exhausted to question government action any more.

Earlier, in July 2004, the government had made its intentions clear: 
it would provide asylum to all Hindu extremists, writing off all 
their sins. To start with, the government withdrew five cases against 
those accused of indulging in arson, attacks and looting against the 
minority community and damaging a mosque in a Banswara township near 
Gujarat in September 2002.

In the six FIRs registered at Kalinjara police station after the 
incident, five were against more than a hundred people of the Hindu 
community while one counter-FIR was against Muslims. The state home 
department only withdrew the five cases involving Hindu accused.

Even before the government order was presented in the additional 
district judicial magistrate (ADJM) fast track court-II, Banswara, on 
July 22, the court had already ordered conviction in one of the 
cases. Trial was on in the government versus Nathu case, in which 35 
people were challaned for attacking Muslims and damaging the mosque 
in Kalinjara; the case was withdrawn following the government order. 
The court had earlier acquitted the accused in the other three cases.

The state home department ordered withdrawal of the cases more than a 
week before the court had passed a ruling in any of the five cases 
naming Hindus as offenders. The Banswara district collector had 
communicated the order to the public prosecutor on July 19 but the PP 
only received it on July 22. "As a result of the government's order, 
one very serious case has been withdrawn. There could be no appeal 
against the ADJM court's ruling, even in the four other cases. 
Muslims have nowhere to go for justice now," according to Abdul 
Gaffar, a Muslim leader in Kalinjara who was one of the victims in 
the September 2002 attacks.

On September 8, 2002, a person belonging to the scheduled caste had 
died in a truck accident but sangh parivar activists spread the 
rumour that Muslims had killed him, Gaffar recounted. The next 
morning, scores of people from adjacent villages had gathered and 
attacked Muslim houses, burning their properties, and damaging a 
mosque and scriptures, following which the FIRs were lodged.

"The order exposed the BJP government's communal agenda. It was like 
giving a green signal to communal elements to attack the minority 
community," said Congress MLA Sanyam Lodha. Lodha had raised the 
issue in the state assembly but there were not many Congressmen on 
his side. The issue was left to die, as his party colleagues refused 
to speak on the matter outside assembly precincts.

But this was only the beginning. The government went about 
withdrawing the cases against BJP ministers and MLAs. Among these 
were minister of state, medical & health, Bhawani Joshi, who had been 
challaned for slapping a sub-inspector in Banswara, home minister 
Gulab Chand Kataria, who had barged into the Rajsamand district 
collector's office and grabbed his chair, and BJP MLA from Ghatol in 
Banswara, Navneet Neenama.

Around 150 cases had been withdrawn by mid-September 2004 and the 
process continued despite vociferous protests from civil rights 
organisations. The government steadfastly refused to provide details 
about the nature of these cases and the accused involved. But it was 
obvious from the cases that came to light that it was the Hindu 
extremists whose past deeds were being written off by the executive 
organ of the state.

But the so-called secular parties kept mum. As did the civil rights 
organisations, which had first raised an outcry in the media.

 From August 2004, following orders from the state social welfare 
minister, Madan Dilawar, over 21,000 scheduled tribe and scheduled 
caste students staying in the 527 government-run hostels started 
chanting mantras before meals and reciting Vande Mataram. Spiritual 
reasons aside, the purpose behind introducing the mantra was that all 
children should eat together, the minister explained. The hostels 
would be converted into 'Sanskar Kendras' as part of the hostel 
improvement programme. Students from Class VI to Class XII would be 
given a "model and patriotic" education.

Bal Sabhas would be organised in the hostels twice a year, where 
religious heads, local saints, inspiring men and subject specialists 
would give sermons to the students. The hostels would have pictures 
of goddess Saraswati, Swami Vivekanand, Maharana Pratap and Dr. 
Bhimrao Ambedkar. Residential schools would be named after Shivaji, 
Maharana Pratap, Subhas Chandra Bose, Rani of Jhansi, Pannadhay, and 
Chandrashekhar Azad. The hostels attached to these schools would be 
named after Pandit Deen Dyal Upadhayay and Dr. Shyama Prasad, the 
minister announced. There were no protests against the minister's 
plans. Nobody seemed to care.

A few weeks after the BJP came to power in Rajasthan, the state 
tribal area development minister, Kanak Mal Katara issued a press 
statement that a survey would be conducted to identify Christians. 
Following an uproar over this by some NGOs, he backtracked. But the 
government appeared to have made up its mind. In the first week of 
August 2004, Christian missionaries and NGOs in Banswara district 
came under the scanner.

District collector Gayatri Rathore ordered an inquiry into the 
sources and utilisation of their funds and their activities. She 
justified her action saying that she had received a delegation 
complaining against these (Christian) institutions for "misutilising" 
the funds given by the government of India and agencies from abroad. 
She did not remember the name of the organisation that led the 
delegation.

"As per the directions of the government of India, I am supposed to 
be looking into the utilisation of funds by organisations registered 
in my district," Rathore explained.

According to VHP leaders in Banswara, the memorandum was submitted to 
the DC by an organisation called Adivasi Ekta Chhatra Sangh (AECS); 
the delegation included VHP activists as well. Christian 
organisations were "misutilising" the funds to convert innocent 
tribals, they are said to have complained.

Christian community leaders remained unfazed, however. "It's good 
that an inquiry has been ordered into the funding of Christian 
organisations. The final report would shut the mouth of the sangh 
parivar for ever," said Udaipur-based Father Jaswant Singh Rana, 
founder patron of the Tribal-Christian Welfare Society of India and 
joint secretary of the Philadelphia Fellowship. "The district 
administration's action is in keeping with the sangh's strategy to 
marginalise and prosecute Christians," believes Dr. Narendra Gupta, a 
social activist based in Rajasthan.

Activists questioned the administration's action, saying that if 
utilisation of funds had to be inquired into, all organisations, 
regardless of the religious affiliation of their managers, should 
have been put under the scanner and not Christian institutions alone.

But these protests remained little more than mere press statements, 
as political parties showed little interest in taking up the issue. 
This despite the fact that the Congress had completely lost its base 
in the tribal belt, a Congress stronghold prior to the assembly 
elections of December 2003. A senior Congress leader confided that 
the party leadership saw no point in trying to challenge the sangh 
amongst tribals. "We want to discuss development issues to bring them 
back to the party fold. Issues like religious conversion or 
religion-based prosecution is like fire. If you try to touch it, you 
will get your fingers burnt," he said. Communists argued that they 
had no presence in the tribal belts but they continued to fight 
against communal forces in other areas.

There was apparently no individual or party in Rajasthan to protest 
against this saffronisation of the official machinery. And this was 
largely a result of their nonchalance rather than the lack of means.

Propaganda as weapon

The sangh parivar does not constantly look to Nazism for inspiration. 
Hindutva ideologues are always adopting and adapting their propaganda 
methods to demonise and prosecute the Christians in tribal Rajasthan. 
 From slanderous whispers to blasphemous literature, the sangh reels 
out spools of half-truths and blatant lies to expand its network and 
influence among the largely illiterate masses.

There are pamphlets, leaflets, calendars and magazines to imprint 
their version of truth on impressionable minds in a region where the 
literacy rate is yet to cross 50 per cent and life is an endless 
struggle against abject poverty. Without modern day scepticism, 
hearsay carries tremendous credibility.
[...].

[Full Text at:
http://www.sabrang.com/cc/archive/2004/oct04/cover.html ]



______


[4]

People's Union for Civil Liberties, Baroda and   Vadodara Shanti Abhiyan
13, Pratap Kunj Society, Karelibaug, Vadodara - 390 018 [Gujarat, India]

Press Release

November 6, 2004

GUJARAT CARNAGE: NEED FOR JUSTICE BEING SIDE TRACKED

It is extremely unfortunate that the issue of securing justice in the 
Best Bakery case is being systematically, continuously and 
deliberately being side tracked.

First and foremost concern of the citizens of Gujarat and the nation 
is justice for the victims of the gruesome tragedies during the 
Gujarat carnage. Best Bakery is just one of these horrific tragedies.

It should be pertinent to recall that the highest Court of the 
country has taken grave notice of all cases and has passed most 
unsavory and condemnatory strictures on the miscarriage of justice in 
the State. The circumstances, in which Zaheera Sheikh has resurfaced, 
with self-contradictory positions once again in the case, are 
shrouded in great mystery that requires a thorough inquiry by an 
impartial body like the CBI so that the people of India know the 
truth behind the mega plot.

Signed by following Members of PUCL, Vadodara:

Kirit Bhatt                                     J.S.Bandukwalla
Jagdish Shah                                  Ishaq Chinwala
Rohit  Prajapati                              Jehanara Rangrez
Mansoor Saleri                              S.Srinivasan
Raj Kumar Hans                            Ranjit Contractor
Trupti Shah                                   Jahnavi Andharia
Nandini Manjrekar                          Renu Khanna
Rajan Bhatt                                  Neeta Hardikar
Deepta Achar                               Maya Valecha
Tapan Dasgupta                            Deepti Bhatt
Amrish Bhrambhatt


______


[5]


       ALL INDIA DEMOCRATIC WOMEN'S ASSOCIATION

November  5, 2004

                      ON THE "TRIBAL POLICY"

The Minister of Tribal Affairs, Shri P.R.Kyndiah assured a delegation 
of the AIDWA of sympathetic consideration of their demand to review 
the NDA adopted National Tribal policy and to frame a policy which 
reflected the needs and aspirations of tribal communities. The 
delegation consisting of Brinda Karat, Archana Prasad, Premila Pandhe 
and Manjee Rathee pointed out that the NDA tribal policy was made 
public only two days before the last general elections and was 
"adopted" without any discussions in Parliament. It was unfortunate 
that instead of framing a new policy the UPA Government has called 
for discussions on this flawed framework. Shockingly, the concerns of 
tribal women, the mainstay of tribal economies and communities do not 
find even a mention in the policy. They are rendered completely 
invisible.  The Minister agreed with the delegation on this aspect 
and some of the issues raised including the dubious formulation in 
the policy regarding the "assimilation" of tribals, a code word for 
the RSS understanding of undermining tribal identity. The Minister 
said he believed in "integration" not assimilation.' AIDWA pointed 
out that there is a multiplicity of authority as far as tribal rights 
are concerned since the Environment and Forest Ministry has pursued 
policies which are inimical to tribal advance. An example given by 
the delegation was the GO issued in May 2002 by the MOF Ministry 
which ordered the eviction of tribals from forests in the name of 
environment protection. The delegation demanded that the tribal 
Affairs Ministry should take this issue up and get the circular 
withdrawn. The Minister said this matter would have to go before the 
cabinet. The Minister also agreed to an AIDWA request that the 
detailed memorandum given to him by the organization should be 
included in the ongoing discussions and AIDWA representatives called 
in meetings proposed in this regard.

Brinda Karat

General Secretary



______


[6]

Magazine > The Hindu, November 7, 2004

THE SHASHI THAROOR COLUMN

`We're all Kenyans here'
Did this Asian home in Kenya have room for African angels too?


THE HINDU PHOTO LIBRARY
  In 1969, before the turmoil ... an Asian trader in Nairobi.


"HERE," said Mr. Shankardass, leading me to his garden, "we live in heaven."

I looked around the lush African foliage, multicoloured flowers 
ablaze amidst the verdant Nairobi green. "It certainly looks like 
Paradise," I replied.

"I don't mean the garden," my 86-year-old host replied. "I mean 
Kenya." Mr. Shankardass' garden was a metaphor: a fertile place in 
magnificent bloom, it stood for the life that Asians were able to 
lead in this corner of East Africa.

Mr. Shankardass and his wife were both born in Kenya, when it was a 
British colony. They had grown up amidst anti-colonial ferment, in 
which most Asians - descended mainly from 19th-Century migrants and 
indentured workers from the Indian subcontinent - made common cause 
with their African fellow-subjects. But when Independence came, some 
Africans looked on the Asians as interlopers, foreigners depriving 
the locals of jobs and economic opportunity. In next-door Uganda in 
1972, the dictator Idi Amin gave his entire Asian population 72 hours 
to leave the country for good. The mass expulsion of Ugandan Asians, 
mainly people who had never known any other home, sent tremors 
through the Asian community in Kenya and Tanzania as well. But their 
fears proved unfounded. Asians stayed on in Kenya as honoured and 
respected citizens, building flourishing businesses and excelling in 
the professions. Mr. Shankardass' garden was emblematic of that.

But I couldn't help wondering, as I devoured a delicious Punjabi 
lunch on his porch with three generations of his Kenya-born family, 
whether the garden was an oasis as well, isolating the Asians from 
the Africans amongst whom they prospered. Indians abroad are often an 
insular people, focusing on their own community, customs and (as I 
could savour it) cuisine. Did Mr. Shankardass' heaven have room for 
African angels too?

It didn't take me long to find out I needn't have worried. Later that 
day I attended a party in my honour thrown by another Kenyan Asian, 
the media entrepreneur Sudhir Vidyarthi, to whom I had been 
introduced by my good friend and former U.N. colleague Salim Lone, a 
Kashmiri Kenyan. Mr. Vidyarthi's father had run an anti-British 
newspaper, The Colonial Times, in which the legendary Jomo Kenyatta 
had first published his nationalist screeds. The elder Vidyarthi had 
gone to jail for his pains, and his son had continued in the family 
tradition, as a courageous anti-establishment publisher.

A striking ethnic mix

Sudhir Vidyarthi's garden, with its outdoor deck and outsize bar, was 
even grander and more impressive than Mr. Shankardass', but as 50 
guests milled about on the patio, what struck me most was their 
ethnic mix. An Indian DJ bantered with the African CEO of a rival 
radio station; a Ugandan Asian journalist questioned the newly 
appointed Government spokesman; a senior government official, a 
striking woman with a vivid tribal scar down her cheek, held forth to 
an older lady in a graceful sari. Asians and Africans melded 
seamlessly into one. "We're all Kenyans here," my host said simply.

A group of Kenyan South Asians was publishing a magazine called 
Awaaz, subtitled the Authoritative Journal of Kenyan South Asian 
History. I was given a copy of the latest issue. On the cover was a 
photo of the recently deceased Pranlal Sheth, a hero of Kenyan 
independence who was then deported from his country by the Kenyatta 
Government and died in exile in England. If that seemed discouraging, 
the same issue carried a review of a new play by a Kenyan-Indian 
playwright, Kuldip Sondhi, dealing with shop demolitions in Mombasa. 
And a portfolio of photographs by the legendary Mohammed Amin, who 
first broke the news of the Ethiopian famine with his searing 
pictures, lost a leg in the Somali civil war but went on 
immortalising East Africa through his lens till he was killed in a 
plane crash five years ago.

There was much talk at the party about a new exhibition that had just 
been mounted by the National Museum of Kenya. It was called "The 
Asian African Heritage: Identity and History"; through photographs, 
documents and artefacts, the exhibition depicted two centuries of 
Asian assimilation into Kenya. Indian labour had built forts in Kenya 
as early as the 16th Century; Indian masons and carpenters had 
practised their craft in even larger numbers from 1820, and over 
31,000 contract labourers from Punjab and Gujarat had built the 
famous Mombasa railroad, 2,500 of them perishing in the process. The 
city of Nairobi (like 43 other railway towns along the line) was 
erected by Indian hands.

"This is our home," said Pheroze Nowrojee, who had authored the text 
of the exhibition. "Our social identity rests on our bi-continental 
tradition. We are both Asian and African. We are Asian African."

Sudhir Vidyarthi soon emerged, proudly holding a little black toddler 
in his arms. "Meet my new daughter," he beamed. "She's been with us 
since she was four months old; the official adoption comes through 
next week." His excitement was as palpable as his affection for the 
girl, who nibbled at Indian hors d'oeuvres from his palm. "Give Daddy 
a kiss," he told her in Swahili, and the tiny tot, bits of samosa and 
kebab still on her lips, duly obliged.

I looked at them - Asian father, African daughter, sharing Indian 
food and chatting in an East African tongue - and I raised a silent 
toast to their Kenyan garden. I only wished I knew the Swahili word 
for heaven.

______


[7]


National Film Board Film: "Bhopal: The Search for Justice".


The screening of the National Film Board Film: "Bhopal: The Search for Justice"
will take place on November 30 at 7 pm at:

The Royal Cinema
609 College Street
Toronto, Ontario

There will be a panel discussion with the filmmakers following the screening.
Below find a synopsis of the film for your information.

Please promote this showing and the CBC Nature of Things showing later in the
week. This is part of an effort to generate strong support for the survivors as
the 20th anniversary of the accident approaches and their case goes back to the
Supreme Court of India in December.

For further details contact:

Mark Haslam <mnhaslam at bellnet.ca>
Park Palace Productions
79 Hallam Street
Toronto, ON
M6H 1W7
416-537-7742


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

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