SACW | 9 Feb 2005

sacw aiindex at mnet.fr
Tue Feb 8 19:21:34 CST 2005


South Asia Citizens Wire   | 9 Feb.,  2005
via:  www.sacw.net

[1]  Urgent Public Appeal from the Nepalese Human Rights Community
[2]  Nepalis in Vancouver Rally for Democracy
[3]  Sri Lanka: Emergency Regulations Violate Human Rights (Brian Tissera)
[4]  Pakistan:
(i)  HRCP concerned about segregation at Khyber Medical College (KMC)
(ii)  Women Feel Shortchanged As Local Elections Near (Muddassir Rizvi)
[5]  India: Assassination attempt on S.A.R. Geelani; In Critical Condition
       + Open Letter To India's Prime Minister Re: 
The Dec 13, 2001 Attack On Parliament And Its 
Implications
[6]  India: The Official Secrets Act as it stands 
is an instrument to gag and to intimidate (Edit, 
Indian Express)
[7]  India: Children of a Pogrom (Sudhanva  Deshpande)
[8]  Announcements: events  /  publications:
(i)   A meeting on women's issues in post-Tsunami 
rehabilitation (Nagapattinam, 9 February 2005)
(ii)  India Pakistan Arms Race and Militarisation 
Watch Compilation # 149 (9 Feb,  2005)


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

[1]

sacw.net |  February 8, 2005

Nepal Under Military Rule
Urgent Public Appeal from the Nepalese Human Rights Community

February 5, 2005

To:
President, Asian Development Bank
Prime Minister, Australia
Prime Minister, Canada
Prime Minister, Denmark
President, European Commission
President, France
Prime Minister, Germany
Prime Minister, Islamic Republic of Pakistan
Prime Minister, Japan
Prime Minister, Netherlands
Prime Minister, Norway
Prime Minister, Republic of India
President, Republic of China
Prime Minister, Sweden
Prime Minister, Switzerland
Prime Minister, United Kingdom
President, United States of America
Secretary-General, United Nations
UN High Commissioner for Human Rights
President, World Bank

CC:
Asian Human Rights Commission
Diplomatic Missions in Nepal
Hague Appeal for Peace
International NGOs
Secretary General, SAARC
Secretary General, South Asia Forum for Human Rights
Special Rapporteur on Extrajudicial Killing
Special Rapporteur on Human Rights Defender
Special Rapporteur on Torture
Special Rapporteur on Freedom of Opinion and Expression
United Nations Offices operating in Nepal
Jimmy Carter, Former President, USA
Patrick Leahy, Senator, USA
Working Group on Involuntary Disappearance


We, the members of the Nepalese human rights 
community, express our serious concern regarding 
the King's February 1, 2005 announcement of 
forming government under his chairmanship and the 
declaration of "state of emergency" and virtually 
handing over the country's governance to the 
Royal Nepal Army.  The King's invocation of 
Article 27 - C to usurp all state power is a 
fraud on the Constitution of the Kingdom of 
Nepal, 1990.  We, the Nepalese people now live 
under an illegal military rule headed by the King.

As you are aware almost all the rights guaranteed 
by the Nepalese Constitution and those enshrined 
in the Universal Declaration of Human Rights, the 
International Covenant on Civil and Political 
Rights, and other international instruments that 
Nepal is a party to have been suspended. 
Complete press censorship has been imposed.  All 
means of communication including telephones, 
internet, and cable tv access to international 
news media have been severed.  All this has been 
done to create complete terror and panic among 
the ordinary people.

The King's actions violate international 
practices and legal standards for human rights 
even under the conditions of a legitimate "state 
of emergency."  We are deeply concerned by the 
growing number of political prisoners and the 
increasing insecurity of human rights defenders, 
journalists, and lawyers.  The current 
surveillance, monitoring, and harassment of human 
rights organizations and activists, including 
obstacles set in place to interrupt the work of 
the National Human Rights Commission, as well as 
the harassment of journalists, is unacceptable.

During this critical time, we, the Nepalese human 
rights defenders, urge the international 
community to take the following immediate 
measures to ensure the protection of the 
fundamental human rights of the citizens and 
safety of political activists, human rights 
defenders, journalists, and lawyers, and stop 
ongoing atrocities by the security forces.


1. The continuing illegal detention of the 
leaders of the political parties and students' 
organizations violates the basic norms of human 
rights and the exercise of political rights.  We 
urge the international community to put adequate 
pressure on the new regime to disclose the 
whereabouts of the illegally detained leaders, to 
refrain from torture, and initiate measures for 
their unconditional release.

2. The growing insecurity of human rights 
defenders, journalists, and lawyers creates 
further fear and terror among the common people. 
It also creates obstacles to conduct 
investigations of human rights abuses.  We urge 
the international community to undertake 
immediate measures to get guarantees for their 
safety so they may carry out their legitimate 
activities without any form of interruption.

3. The King's direct rule is the establishment of 
a military regime in Nepal.  We request all 
foreign governments to stop all forms of military 
support, including supplying arms and ammunition 
to the Nepalese government, which are being used 
to brutally suppress the rights of the common 
people.

4. We urge the international community to put 
pressure on Nepalese authorities to reinstate all 
fundamental human rights of the citizen that are 
indispensable, inalienable and indivisible, which 
are currently suspended.

5. The restriction of free flow of information 
and media censorship violates the people rights 
to freedom of information.  So, we request the 
international community to take diplomatic 
actions to convince the King to lift all forms of 
media censorship immediately.

6. The shut down of communication services 
creates severe difficulties for the common people 
to carry out even daily tasks, as well as 
restricting democratic practices and civil 
society activities.  We request the international 
community to put immediate pressure on the King 
to resume all communication services with 
immediate effect.


We strongly urge your immediate intervention in 
order to restore democracy and protect the rights 
of all Nepalese citizens.  We believe that this 
is a legitimate obligation of the international 
community under the charter of the United Nations 
to uphold fundamental human rights and democracy 
among all member states of UN.


This appeal has been submitted on behalf of 25 
leading Human Rights Organizations.  Due to the 
current threat to human rights defenders, the 
names of the organizations have been kept 
confidential. 


______


[2]  News Release: Nepalis Demonstration  in Vancouver, BC

February 7, 2005

NEPALIS IN VANCOUVER RALLY FOR DEMOCRACY

Despite cold and rain, about sixty people from the
small Nepali community in Vancouver, British Columbia
gathered at the Art Gallery in downtown Vancouver on
February 6 to protest King Gyanendra's assumption of
executive power in Nepal. Standing on the steps which
Vancouverites have long used as a forum to express
their dissatisfaction, the demonstrators carried
banners demanding "Participatory Democracy",
"Unconditional release of all political
prisoners," and an end to the "Autocratic Regime
in Nepal."

The demonstration, organized by members of the Nepali
community in Vancouver concerned with the democracy in
Nepal, was in response to King Gyanendraís
February 1 declaration of a state of Emergency. The
King has dismissed the Prime Minister and Government,
and put the PM, Sher Bahadur Deuba, and all leaders of
the political parties under either house arrest or
military detention in unknown locations. The King
suspended fundamental freedoms of speech, expression,
and assembly and imposed restrictions on the movement
of people within Nepal and from outside. In a royal
proclamation the King denounced the political parties
while claiming to champion democracy. He has promised
to give more power to the army despite ample evidence
of its widespread violation of human rights in Nepal.

For over fifty years the people of Nepal have aspired
to  a democratic polity. In 1959 they succeeded in
promulgating a constitution based on a multi-party
system, only to have it abrogated in 1960 by King
Mahendra. In 1990, after intense and prolonged
struggle they again achieved a democratic constitution
but have since had little opportunity to enjoy its
benefits. Soon after becoming King in 2001, Gyanendra
declared a state of emergency and suspended
parliament. These measures were justified as necessary
to counter the increasing strength of the Maoist
insurgency that had been building since 1996. In 2004
the King was compelled by widespread agitation to
reappoint Prime Minister Sher BahadurDeuba, whom he
had dismissed in 2002. Deuba's task was to initiate
talks with the insurgents and to hold elections by
March 2005. Meanwhile, the Royal Nepal Army, with the
military and financial support of India, Britain, and
the US, has been engaged in a brutal
counter-insurgency that has not only failed to contain
the insurgency but has escalated the violence and the
violation of human rights.

The King's arbitrary and autocratic move is a serious
blow to the democratic aspirations of the Nepali
people. This cannot be masked by the King's rhetoric
that he is saving the people of Nepal from both the
Maoists and the parliamentary parties.

We join our voice with that of all democratic people
in Nepal in demanding an immediate end of "Emergency."
The only viable solution to the conflict lies in
political institutions consistent with the democratic
aspirations of the people of Nepal.


______


[3]

The Island, February 3, 2005

EMERGENCY REGULATIONS VIOLATE HUMAN RIGHTS - HRC HEAD
by Brian Tissera

The Human Rights Commission of Sri Lanka has highlighted a number of
possible violations of human rights due to the Emergency
(Miscellaneous Provisions and Powers) Regulations No. 1 of 2005. The
chairperson of HRC Ms. Radhika Coomaraswamy has informed President
Chandrika Kumaratunga of the concerns of the HRC regarding possible
violations of human rights in a letter dated February 1.

While noting the good faith intention of the government due to the
need to respond to an unprecedented natural disaster, the HRC
requests that careful consideration be given to the justification of
the measures taken and their legitimacy.

The HRC is of the view that certain provisions are beyond the
exigencies of the situation and create a situation where large scale
violations of human rights may occur.

The provisions which the HRC has expressed concern about are that
immediately after the proclamation of emergency, no proclamation was
issued for a meeting of Parliament within ten days of the emergency
proclamation.

The regulations though dated January 6 was made available to the
public on January 25. The Supreme Court has noted that access to the
content of the emergency regulation is an important part of human
rights protection, an HRC spokesman said.

Several of the regulations purport to apply to the whole country
though the proclamation was in respect of fourteen districts only.
Although the HRC supports reasonable emergency regulations that are
directed towards maintenance of supplies and services essential to
the life of the community, they have expressed opposition to part II
of the regulations which permit automatic forfeiture of property as a
consequence of a conviction in respect of a number of offences and
providing that certain property transactions will be null and void as
from the date of the regulations thus prejudicing the rights of
innocent third parties.

Enormous powers have also been vested in the hands of the police and
other security personnel which may be easily abused. Parts iv, v, vi
and vii of the regulations are not strictly required by the
exigencies of the situation and violate human rights safeguards
contained in both domestic and international law.

The provisions referred to are vesting powers in any police officer
or any member of the Sri Lankan Army, Navy or Air Force, regardless
of rank, to search, detain, arrest persons and the power, to search,
seize, remove or detain any vehicle, vessel, article or substance.

Providing the death penalty as a possible form of punishment for
crimes along with other excessive punishments, such as excessive
powers of investigation, including search without warrant, taking
possession of movable items, taking persons into custody from place
to place, the removal of evidentiary protection by criminal law
including the protection against the admissibility of confessions of
the restriction of the right of a citizen to initiate legal action in
respect of action under the provisions of an emergency regulation and
excessive and stringent restrictions with regard to bail have been
highlighted as excessive, the spokesman added.

The HRC has stated that an emergency resulting from a natural
disaster is different from an emergency relating to national or
public security.

Emergency regulations should be drafted to meet the exigencies
created by the natural disaster. We urge you to promulgate new
regulations that are more in keeping with the realities of the
current situation and do not infringe on the fundamental rights of
our citizens, Ms. Commaraswamy said in a letter addressed to
President Kumaratunga.


______


[4]  [PAKISTAN]

(i)

Daily Times, February 08, 2005 

HRCP CONCERNED ABOUT SEGREGATION AT KMC

Staff Report
PESHAWAR: Human Rights Commission of Pakistan 
(HRCP) has expressed grave concerns about the 
pressure being put on first-year women MBBS 
students of Khyber Medical College (KMC) to 
accept segregation of the campus on gender basis.
"We have been consistently opposed to the very 
idea of the aforementioned segregation, which was 
originally supposed to take place on a voluntary 
basis," said Sher Muhammad Khan, vice 
chairperson, NWFP, HRCP. "But what is more 
disturbing is the coercion being exercised to 
force the female students into accepting campus 
segregation," he said.
Mr Khan said HRCP understood the concerns of the 
female students about their academic career in 
terms of being relegated to a low-standard 
teaching environment at an un-established and 
ill-equipped KMC girl's campus.
"We support the demands of the female students 
for continuing their education on the main campus 
of the KMC," Mr Khan said. The stubborn and 
unreasonable stand adopted by the KMC 
administration under the instruction of the MMA 
government was totally undesirable and uncalled 
for," he said. "If female students were forced 
into segregation on the campus, the next step 
will be segregation in hospitals," he said. Such 
retrogressive policies, apart from violating 
international human rights standards and the 
fundamental rights enshrined in the constitution 
of the country, also had the potential of 
throwing the entire health care system into 
crisis, he said.
"The resistance of the female students of Khyber 
Medical College deserves support and solidarity 
of all individuals and groups who stand for the 
enforcement of established norms of human rights 
and constitutional provisions guaranteeing 
fundamental rights," Mr Khan said.

o o o o

(ii)

Inter Press Service
February 7, 2005

PAKISTAN: WOMEN FEEL SHORTCHANGED AS LOCAL ELECTIONS NEAR

Muddassir Rizvi

ISLAMABAD, Feb 7 (IPS) - Recent moves by the 
military-controlled government in Pakistan to 
reduce the number of reserved seats for 
marginalised communities in local government 
institutions has angered women, who are 
threatening street protests of what they call 
''squeezing of their political space''.
Announced before the local elections that are due 
sometime after April this year, the proposed 
amendments has created uncertainty among people 
about the future role of local governments, which 
have enjoyed tremendous powers under the 
decentralisation scheme announced by the military 
regime in 2001.
''The women of this country will not allow 
anybody to usurp their rights anymore. We now 
have the ability to mobilise people to the 
streets and we will do that if the government 
does not listen to our demands,'' said Sumera 
Gul, an office-bearer of the Women Councillors 
Network (WCN), the first elected body of women 
councillors in the country.
The women are demanding that the government 
should withdraw its proposal to cut the number of 
seats in the Village Council from the exiting 21 
to 13, which would translate into slashing of 
women's reserved seats by half.
They are also demanding that the representation 
of women must be increased to 50 percent from the 
existing 33 percent. ''We make up for 50 percent 
of the population and therefore out 
representation should be in that proportion,'' 
said Qaisera Ismail, who is a councillor from 
central Punjab district of Sargodha.
The Village or Union Council is the smallest unit 
in the three-tier district government system, 
which was introduced by the military government 
in 2001 as part of its revolutionary devolution 
of power plan.
Following a military takeover on Oct. 12, 1999, 
Chief of Army Staff and Chairman of the Joint 
Chiefs of Staff Committee Gen. Pervez Musharraf 
suspended Pakistan's constitution and assumed the 
additional title of Chief Executive on May 12, 
2000. Pakistan's Supreme Court unanimously 
validated the October 1999 coup and in June 2001 
granted Musharraf executive and legislative 
authority for three years from the coup date.
Musharraf then named himself as president and was sworn in.
Under the military government's decentralisation 
scheme, women were given 33 percent reserved 
seats in village, sub-district and district level 
elected institutions. Seats were also reserved 
for peasants, workers and minorities, but women 
had taken the largest share. Subsequently, as 
many as 200,000 councillors were elected in 96 
districts (union, sub-district and district 
assemblies) of the country, including around 
40,000 women.
In addition to reducing the number of seats, 
according to press reports, the government is 
also contemplating expanding the size of the 
union councils, merging the two into one. If that 
happens, it will reduce the number of Union 
Councils from 6,022 to 3,011 and so will the 
number of representatives from their existing 
total of 114,418 to only 33,121 -- an almost four 
times slash.
''The fact that a huge number of women had taken 
active political role itself triggered social 
change, creating waves in the country's barnyards 
where traditional power structures still dominate 
the social and political lives of people,'' said 
Farzana Bari, who heads the Women's Study Centre 
at Islamabad's premier Quaid-i-Azam University.
''Whether these councillors were able to perform 
or not is irrelevant at this point, what is 
important is the fact that they were for the 
first time given a political role, which is now 
being curtailed, Bari told IPS.
The government, on the other hand, maintains that 
the proposed amendments are necessary to 
fine-tune and smarten a district government 
system, which had not been functioning as 
contemplated in the 2001 decentralisation scheme.
''There have been problems of an effective 
interface between the provincial and district 
government systems. Provincial governments that 
came into being after the October 2002 general 
elections have had expressed serious reservations 
about devolution, which had to be addressed," 
said an official of the National Reconstruction 
Bureau (NRB), the government's think tank that 
formulates policy and strategy options for social 
and political reforms.
However, some civil society organisations, which 
are opposing the recent amendments, call the 
proposed amendments as ''reversal of devolution'' 
that is being done under pressure from the 
feudal, tribal and clerical elite.
''The dispersion of power at the local level 
among the masses clearly has the potential of 
pulling the rug under the traditional power 
brokers. It was these interest groups that had 
been opposing devolution from day one,'' said 
Ghulam Sarwar Bari, who heads Islamabad-based 
Pattan Development Organisation, which is working 
in the areas of good governance and 
democratisation.
''Somebody must ask the NRB who are the people 
that form the provincial governments -- the same 
feudal lords, tribal chiefs and mullahs who were 
against the local government system,'' he said. 
''It is unfortunate that the government has to 
consult the very same lobbies that the devolution 
plan sought to neutralise.''
''A recipe for elite capture'' is what was the 
title of a leaflet in Pattan distributed at a 
rally of women's councillors in Islamabad last 
week, which was attended by more than 300 members 
of WCN from all over Punjab. The rally in fact 
marked the beginning of the campaign against the 
proposed amendments.
''The government has yet to give any good reason 
for its decision to slash our representation. 
This is so deceitful of the military regime that 
it first sold the women's card to the 
international community to win their 
acknowledgement, and now it is succumbing to 
political pressures to protect its institutional 
interests,'' said an angry councilor who had come 
from Lahore.
''We are not footballs that anybody can hit whenever he pleases,'' she added.
However, the government has yet to respond to the 
demands and is keeping an ambiguous position on 
the issue.
''We are not slashing the percentage of seats for 
women. It will continue to be 33 percent,'' said 
Nilofer Bakhtiar, who is and advisor to the 
government on women's development.
''Whatever the government decides will be in the 
best interests of the women of this country,'' 
Bakhtiar told IPS. (END/2005)


______


[5]  [Prof. SAR Geelani was at the door steps of 
Nandita Haksar, the Delhi based human rights 
activist and one of his advocates when he was 
shot at on 8 February 2005. It is a shame that 
Indian state cannot provide protection to one of 
its most high profile 'victims'. Prof Geelani who 
has been supported by well known human rights 
activists in India,  has been acquitted by the 
Delhi High Court for his alleged role on the Dec 
13 (2001) attack on India's Parliament and has 
since been actively raising his voice on 
conditions in prisons . . .  ]

o o o

sify.com/

GEELANI SHOT AT; IN CRITICAL CONDITION
Wednesday, 09 February , 2005, 05:08

New Delhi: The condition of S A R Geelani, who 
was attacked by unidentified persons in a posh 
South Delhi locality, was critical as doctors 
operated upon him.

"The operation, which lasted for more than two 
hours, is over but he is still critical. I cannot 
give you a medical report, he is in the recovery 
room now," Geelani's lawyer and noted human 
rights activist Nandita Haksar told reporters.

Geelani was rushed to AIIMS after he was shot 
outside Haksars residence in Vasant Enclave 
locality at around 2100 hours last night.

Asked about the number of gunshots Geelani 
sustained, Haksar said "I am not very clear but 
at least two. One in the stomach and another went 
through his shoulder."

Regarding the allegations by Geelani's colleagues 
accusing Delhi police of masterminding the 
attack, she said, "We do not know, we can keep on 
speculating but one thing is sure that he was 
under constant surveillance by the police. When 
he came to Goa, there was literally a police 
picket outside my house."

Meanwhile, angry scenes were witnessed outside 
AIIMS as Geelani's supporters demanded a CBI 
inquiry into the incident.

Geelani, who was acquitted in the Parliament 
attack case by Delhi High Court, was shot at five 
times by the assailants but three bullets hit 
him, two of them on his stomach and one on the 
shoulder, police sources said.

Geelani was one of the four accused--the other 
three were Afzal, Shaukat Hussain and his wife 
Navjot Sandhu alias Afsan Guru--who were 
convicted and sentenced to death by a trial court 
on December 16, 2002, more than a year after the 
terror attack on Parliament on December 13 the 
previous year.

o o o o

[See also related material:

OPEN LETTER TO INDIA'S PRIME MINISTER RE: THE DEC 
13, 2001 ATTACK ON PARLIAMENT AND ITS IMPLICATIONS
URL: www.sacw.net/hrights/openletter_reDec13.html ]


______


[6]

Indian Express, February 07, 2005
Editorial

OPEN SECRETS
THE OFFICIAL SECRETS ACT AS IT STANDS IS AN INSTRUMENT TO GAG AND TO INTIMIDATE

In March 2003, 50 MPs, from parties cutting 
across the political spectrum, addressed an 
urgent letter to the then Deputy PM L.K. Advani. 
The immediate provocation was the case against 
Iftikar Geelani under the Official Secrets Act 
that had just turned out to be no case at all. 
The signatories to the letter were concerned at 
the ordeal of Geelani, chief of bureau of Kashmir 
Times, incarcerated for seven months, all bail 
pleas turned down, on charges of possessing 
documents very much in the public domain. But 
their concern encompassed all those other cases 
as well, in which citizens, less famous than 
Geelani had become, are deprived of their rights 
and their freedoms by the state through an 
''outdated'' and ''draconian'' piece of 
legislation enacted in 1923. That concern has 
lost none of its urgency two years later. As the 
Right to Information Act is honed and extended in 
public debate, the OSA seems even more a bizarre 
relic. It looks worse than that.

The cases filed against this paper and two 
Gujarati papers by the Gujarat police are proof, 
if more was needed, that the OSA remains the pet 
instrument of the paranoid state. A state that 
seeks to gag and intimidate the press because it 
has dirty secrets to hide. Why should the 
conversation between a ganglord and a former 
Porbandar SP - the Express ran a report alongwith 
transcripts of the exchange - be treated as an 
official secret? Who decides that it is one? On 
what criteria? For many years now, these 
questions have been gathering around cases that 
have ranged from the grotesque to the absurd. As 
this paper reported, the number of OSA cases in 
which the evidence just refuses to stand up in 
court is swelling. We need to urgently debate 
whether in a climate in which we cannot depend 
upon the wisdom of the state to use the Act 
sparingly, or only in matters that relate to 
highly sensitive information, as defined by some 
rigorous criteria, do we need an OSA at all?

The argument has been made that what the OSA 
needs is a major amendment, especially of the 
loose and sweeping Section 5. Well, let it be 
amended soon. Else, the OSA will continue to be 
used by governments, such as the one in Gujarat, 
to suppress information, and worse, to do damage 
to the spirit of a free press.

______


[5]

The Times of India, February 2, 2005

Home Truths: Providing Shelter to Millions on the Street

by Bharat Dogra

No one remembers them during grand occasions like 
Republic Day. They are the homeless - people 
stretched on footpaths under torn blankets or 
less, on remorselessly cold and foggy nights. 
Discussions on improving urban infrastructure 
altogether negate their existence. Perhaps, their 
only consolation under this framework is to eke 
out a space below the flyovers littering the city 
landscape. They are taken note of only as 
undesirable elements that need to be weeded out 
of the city in order to improve its 'social 
infrastructure'. The Emergency happened only 30 
years back, but today a Turkman Gate happens 
virtually each day all over the country without a 
murmur of disapproval. Have we really evolved as 
a strong, proud Republic?

Ironically, the callous neglect is visible in the 
very city that hosts the Republic Day parade. 
Despite the recent emphasis on poverty 
alleviation schemes, the existing night shelters 
in Delhi accommodate less than 5% of the city's 
1,00,000 homeless, or 3,000 people. If the 
homeless go through hell in winter in Delhi, they 
face high water in the monsoon in Mumbai. The 
situation in smaller towns, away from public and 
policy focus, can well be imagined. It is an 
indication of the extent to which the urban 
homeless have been ignored that reliable 
estimates of their number are just not available. 
Census estimates have left out a big chunk of the 
homeless as they can only be contacted at night 
and not very easily.

Sporadic estimates suggest that the number of 
homeless is not less than three million, or about 
1% of the urban population. The figures will rise 
if we include those who are precariously housed, 
or on the margin of homelessness. Some people are 
'resettled' so far away from their place of work 
that they prefer to sleep in the open near the 
worksite despite the existence of a house or hut 
miles away. Shouldn't we consider them homeless?

Several studies have shown that it makes sense 
for the government to provide housing sites and 
basic services close to the place of livelihood. 
If only a few dwellings pose a problem - for 
example, to make way for a road or a drain - 
organisations of slum dwellers can help to find 
an alternative site nearby for these few. This 
was demons-trated by the Asha Abhiyan project in 
Bilaspur (Chhattisgarh).

Notwithstanding these facts, nearly three lakh 
people have been rendered homeless by a slum 
demolition drive in Mumbai in recent weeks. Chief 
minister Vilasrao Deshmukh stands committed to 
changing the face of Mumbai, no matter what the 
human cost.

A two-pronged approach is needed to provide 
shelter on a large scale. The programme of 
creating night shelters should be stepped up 
significantly. Appeals should be made to make 
available buildings that are unused at night, so 
that these can provide shelter to the homeless, 
particularly in extremely cold weather. Such 
buildings can include religious and philanthropic 
places, schools and colleges. A means would have 
to be devised to link the organisations and 
people willing to donate space to those who 
actually need it. Voluntary organisations and 
citizens' groups can play an important role in 
establishing this link and ensuring that the 
homeless enter and leave buildings in an orderly 
way so that their day-use is not disturbed.

Ordinary citizens can play a more positive role. 
Their concerns at present only find limited 
expression - such as donation of an occasional 
blanket - due to lack of avenues to reach out to 
the homeless. However, if organisations dedicated 
to meeting many-faceted needs of the homeless 
emerge, these can facilitate a much more 
broad-based participation of citizens.

The Ashray Adhikar Abhiyan in Delhi has made an 
effort in this direction. It engages people in 
the needs of the homeless and provides spaces for 
them to link up with welfare activities. Many 
students have offered their voluntary services; 
some educational institutions have allowed their 
premises to be used as shelters at night; and 
commercial establishments as well as individuals 
have come up with job and training offers.

A move is afoot in Delhi and Chennai to provide 
the homeless with a voters' identity card. This 
would empower the unfortunate lakhs in their 
interactions with hafta -hungry policemen and 
hospital staff, while also bringing them into the 
reckoning when the government announces welfare 
measures.

The Tenth Plan document refers to according 
voluntary organisations a greater role in 
managing night shelters. The document emphasises 
building night shelters for women and children, 
who have suffered glaring neglect in the past.

Night shelter programmes should learn from 
earlier mistakes. The low occupancy at night 
shelters is explained not only by the unhygienic 
conditions, but also by the fact that the needs 
of special occupational groups are often 
overlooked. Rickshaw and cart-pullers need a 
place to keep their cycles and carts - their 
means of livelihood - securely before they can 
sleep peacefully in a shelter. Hence, a close 
interaction with the target group is needed so 
that the funds are well spent. Along with an 
increase in the budget for night shelters, 
greater transparency in funds use will go a long 
way in ensuring the best results. In sum, it 
makes more sense to provide for the homeless than 
to pursue policies which increase their number in 
the name of beautification and infrastructure 
creation. Only then can we say Saare jahan se 
achcha .


_______


[6]  [BOOK and FILM REVIEWS]


ZNet Commentary
February 08, 2005


CHILDREN OF A POGROM
By Sudhanva  Deshpande

Retaliation is spelt in blood.

When Indira Gandhi was shot dead by her two Sikh bodyguards, thousands of
Sikhs had to pay with their lives and property in the pogrom that followed
over the next few days in Delhi. That was in November 1984. When 58 kar
sevaks were burnt alive in the Sabarmati Express at Godhra, thousands of
Muslims had to pay with their lives and property in the pogrom that followed
over the next several weeks. Eighteen years had passed, but little had
changed.

For twenty years after the anti-Sikh riots of 1984, there has been a
near-total silence in the field of arts around the events of that horrific
November. To be sure, the artists Vivan Sundaram and Arpana Cour had done
paintings in response to 1984, but those were exceptions - in poetry, in
fiction, in drama, in cinema, and even in the plastic arts, there has hardly
been any representation of 1984.

Indeed, there is very little visual documentation of the riots in terms of
photographs and documentaries. The absence of documentaries is explained by
the fact that video technology was still quite expensive and cumbersome
then, unlike today. The relative absence of photographs is more striking.
1984 seemed to erupt suddenly, as if out of nowhere.

On the other hand, the pogrom of Gujarat in 2002 has been extensively
documented in documentaries (FINAL SOLUTION, GODHRA TAK, PASSENGERS, etc.)
and photographs, and the artist community has also responded to the pogrom
vigorously.

In Hindi, for instance, I have myself read over one hundred poems written
directly in response to the carnage, some of them superb and enduring works,
and no doubt there is writing to match in other Indian languages. In
theatre, I know of more than half a dozen important plays mounted across the
country responding to Gujarat 2002. In street theatre, literally scores of
plays have been evolved around the events of Gujarat 2002. Even Bombay
cinema responded in its own oblique way to the horror of Gujarat with Govind
Nihalani's film DEV.

The coincidence, therefore, could not have been more striking. After a
silence of two decades, suddenly, there are two films about 1984 - Sashi
Kumar's KAYA TARAN and Shonali Bose's AMU.

There is more that is common about the two films, besides the subject matter
and the timing. Both are debut films for their directors. Both directors
come from professions that normally deal with facts, rather than fiction:
Sashi Kumar is one of India's pioneering television journalists, while
Shonali Bose is a documentary filmmaker. Both directors are from communities
which were not the victims of 1984: one is a Malayali and the other is a
Bengali. Both were based in Delhi when the killings took place, but have
subsequently relocated, one to Chennai and the other to the US.

What is most striking, however, is that both films are about the children of
1984, who, in 2002, as Gujarat erupts, break the silence in their own lives
about the trauma of eighteen years before.

Based on Madhavan's Malayalam short story, 'When Big Trees Fall', KAYA TARAN
begins with Gujarat. We are shown a press conference addressed by survivors
of Gujarat. Among those present is a young reporter who is then sent to do a
story on conversions. This takes him to Meerut, to a convent for aged nuns.
Bit by bit, the film shows us what happened here in 1984, when a Sikh woman
and her eight year old son sought refuge as they ran from a violent mob. We
learn, as the film goes on, that this child has grown up to become the young
reporter.

As one minority is under attack, it is given refuge by another. What makes
the situation moving is that those who give refuge are themselves 'weak',
vulnerable - old nuns, eight of them, one blind, another wheelchair-bound,
another surviving on pills, and so on. These sequences, in the convent, are
the soul of the film, excellently shot, tender and moving.

The nuns are vulnerable, but resourceful. They manage to smuggle out the boy
and his mother by using a simple trick. The boy is smuggled out in a coffin,
but not before his hair is cut. This is the reason the young reporter is not
turbaned.

The film has a restrained quality to it, it looks inward, and poses
questions about identities. Particularly, it underlines the fragility of
religious identities, both in times of stress as well as 'normality'.

While KAYA TARAN begins with Gujarat, AMU ends with it. And while KAYA TARAN
approaches its theme from the side, as it were, and holds itself back
emotionally, AMU confronts 1984 frontally. It tells the story of Kaju, a
non-resident Indian (NRI) girl of about 21, who has been told that her
mother, Keya, adopted her after her biological parents died in a malaria
epidemic in a village in western UP. Kaju is back in Delhi, and in the
company of boyfriend Kabir she discovers Delhi's teeming slums, and Keya's
lie about her past.

What AMU does is to focus on our collective amnesia about the events of
November 1984. This is achievement enough, of course. But what the film does
brilliantly is to bring out how the amnesia, though collective, is
differentiated. All the characters in the film want to forget 1984, but for
different reasons - the rich because they don't care, about 1984 or anything
else; ruling politicians, because they led the mobs; officials of the state,
because of their own complicity in the riots; the middle class, because it
is neither killer nor victim; and the poor, because they are both killers
and victims.

Everyone holds a secret, a dark, terrible secret, and everyone prefers that
it remain a secret.

Even, it seems, the Censor Board. For the film has been cleared with an
'Adults' certificate, and that too after some audio cuts. These cuts come in
the scene where Kaju and Kabir meet a group of 1984 widows, who recount how
ministers led rioters, while the police and the administration looked on
benignly. Rather than edit the scene out of the film, the director has
chosen to retain it with the audio cuts. The result is that the now silenced
widows condemn the perpetrators of the killing with even more power and
poignancy.

AMU has some outstanding performances. Konkona Sensharma as Kaju confirms
her status as the best young actor in Indian cinema today. She is completely
believable as the NRI girl in search of her roots. You would think she has
spent a lifetime in the US. She is also quite clearly a master at picking up
accents, as we saw in her award-winning performance in MR AND MRS IYER.

However, the truly outstanding performance in AMU is that by Communist Party
of India (Marxist) activist Brinda Karat as Keya. Television viewers in
India know her as a person who is not only photogenic, but also strong,
clear-headed, and articulate. In AMU, she brings all these qualities into
her performance, and more. She is totally natural, passionate, sensitive
and, as in the brief scene with her former lover Neel, subtle and nuanced.
She gets a vulnerability in her portrayal of Keya that is actually quite
rare, at any rate in Indian cinema: the vulnerability of an independent,
strong woman. The relationship between Keya and Kaju is superbly etched, and
both actors complement each other perfectly.

The early part of the film appears to meander a bit as it sets the context
for what is to follow, but with Keya's return to India, it grips you
totally. Director Shonali Bose builds up the suspense well, and then, as
Kaju unravels one thread of the mystery after another, the film moves
towards its denouement almost like a thriller. Bose has shot Delhi as few
others have; the slum sequences, in particular, are absolutely authentic.
She also shoots the riots very well - the violence is real without being
voyeuristic, and the fear palpable.

AMU is an important film, perhaps the most important Indian film of recent
years. It is that rare film which combines a strong political statement with
a powerful and moving story. It is also not without humour, something one
normally does not expect in a film of this kind.

For a long time, Indian cinema - Hindi cinema at any rate - stayed away from
our contemporary history. Now, with films like AMU, KAYA TARAN and Anurag
Kashyap's BLACK FRIDAY, a staged documentary account of the Bombay blasts of
1993 (due for release soon), there is a serious effort to engage with our
times, in our times. Hopefully, these films will lead the way for many more
to follow.

As a postscript let me make one final point about the resolution of the two
films. In KAYA TARAN, in the end, the reporter reconciles himself to his
past, regrows his hair, and puts on a turban. Since the film is really about
identities, their fragility, and their visible markers, I suppose it had to
end with the boy facing up to his identity and accepting it.

It is the way this is shown that makes me uncomfortable: in the Press Club,
everything is treated with cynicism, the most weighty matters can become
trivial. And that is exactly what happens with the born-again Sikh - his
embracing his identity, with all its visual difference, seems facile rather
than profound.

The question with AMU's resolution is somewhat different. As Kaju starts
unraveling the mystery about her past, she is faced with a terrible
possibility, which she eventually discovers is not true. In an otherwise
deeply disturbing film, this resolution of Kaju's own search is strangely,
irrationally, comforting, even though what she discovers is heartrendingly
tragic. Because the possibility it opens up is almost unimaginably
terrifying to face up to - that her parent is a killer.

What makes AMU truly frightening is the realization that this could so
easily be true.

Sudhanva Deshpande is an actor, director, and playwright with Jana Natya
Manch, Delhi. He is the director, along with Sanjay Maharishi, of a
documentary on Habib Tanvir, Gaon ke naon Theatre, Mor naon Habib.


_______


[7]   [ANNOUNCEMENTS: Events  /  Publications]

o o o

(i)

Meeting on women's issues in RRR
WOMEN ISSUES IN RELIEF, REHABILITATION AND RECONSTRUCTION
A meeting on women's issues in post-Tsunami 
rehabilitation is being organised by NGO 
Co-ordination cell (NCC) on 9th February 2005 at 
4:00 PM. The venue is NCC, Collectorate Office, 
Nagapattinam. The Moderator for the meeting will 
be Ms. Jesurathanam, Director of Social Needs 
Education and Human Awareness (SNEHA).
Mr. Antony, Co-ordinator (NCC), will be 
organising the meeting with the help of Mr. Kumar 
Anshul (9842902687). The phone number for NCC 
front desk is 04365-252800. All Civil society 
organizations involved in the relief and 
rehabilitation process at Nagapattinam and 
surrounding areas  [in Tamil Nadu, India] are 
invited to attend.

o o o

(ii)

INDIA PAKISTAN ARMS RACE AND MILITARISATION WATCH COMPILATION # 149
( 9 February,  2005)
URL: http:// groups.yahoo.com/group/IPARMW/message/160

Contents:
1 India - 'shells fired in Kashmir (BBC)
1.1 India accused of Kashmir firing (BBC)
1.2 Pakistan denies new Kashmir raid (BBC)
2 Pakistan denies US artillery aid (BBC)
3 Defence group to discuss security (Qudssia Akhlaque)
4 Musharraf urges US to sell arms to Pakistan
5 Schools, health unit buildings in Rangers and police occupation
6 After Punjab Lands, Army Grabs Fishing Business
of Coastal Sindh ( M A Siddiqui)
7 Balochistan on the boil: Military crackdown is widely feared (M.B. Naqvi)
8 Karachi opens door to US forces (Syed Saleem Shahzad and Masood Anwar)
9 Pakistan Sets Up New Military Base to Protect
Gas Field Against Terror Attacks (Ayaz Gul)
10 The Mercant of Menace - The Man Who Sold the
Bomb   (TIME magazine Cover story)
11 Pakistan denies it sold N-tech to Arab states
12 Strategic system preferred over balance in arsenal (Anwar Iqbal)
13 France to help Pak. further upgrade fleet of its Mirage aircraft
14 How to find the elusive Taliban: pop down to
the shops in Quetta (Declan Walsh)
15 Secrets of state (Kamila Hyat)
16 US and Pakistan hold F-16 talks (BBC)
17 New weapons and equipment for Creeks Battalion
18 Netherlands Lift Ban on Sale of Arms To Pak, India
19 US has a 'plan' for Pak nukes
20 An absurd choice of catastrophes (Jawed Naqvi)
21 Military Solution: Interaction Between India,
Pak Armies Key To Peace (Ranjit Bhushan)
22 US Congressmen favour defence trade with India
23 India, Israel to further strengthen military ties: report
24 Farewell to Arms - Don't equate national
strength with military might (Editorial, Times of
India)
25 Arrogance in uniform (editorial, Indian Express)
26 Trishul test-fired
27 India mobilises new command on western borders
28 Nuclear buildup continues apace (Ranjit Devraj)
29 Hai Jawan (Editorial, Times of India)
30 India, Russia close to signing $450 mn arms deal: Report
31 [Tsunami and Militarised Aid] Aid as Imperial Strategy (Anuradha M. Chenoy)
32 India to buy 126 new warplanes
33 [India] Joint Statement by Women's Groups
Against Armed Forces (Special Powers) Act, 1958
34 Intelligence agencies in the dock- An insider
takes the lid off (Inder Malhotra)
35 Indian defence ministry seeks 40% more to regain 'edge over Pakistan'
36 Talking peace, making war   (Zia Mian, A H Nayyar, M V Ramana)
37 Weapons Grade uranium found with small time drug dealers in India
(i) 2 held with weapons-grade uranium (Lalit Kumar)
(ii) Drug dealers' uranium alarms India
38 Make intelligence agencies 'accountable' to Parliament (Rajeev Sharma)
39 Press Release - Protesting against the
state-sponsored violence against indigenous and
dalit peoples in Orissa
40 Citizens Appeal to Orissa Government to put an
end to human rights abuse of Indigenous People
41 Plan for new force to protect Parliament
42 India to encourage joint participation in defence production
43 Asia's tsunami builds global military ties (Mark Bendeich)
44 The Official Secrets Act as it stands is an
instrument to gag and to intimidate (Edit, Indian
Express)
[Bangladesh /  Nepal / Sri Lanka ]
45 Bangladesh:
(i) Jatra attacks instil new fears in rural life (Shariful Islam)
(ii) Rab to tap telephones? (Editorial, Daily Star)
(iii) We, the Citizens of Bangladesh Demand
Security (a statement by 72 women activists)
46  Nepal:
(i) Big rise in Nepal defence budget
(ii) Nepal army asks India to continue military aid
47 Sri Lanka
(i) Sri Lanka: Child Tsunami Victims Recruited by
Tamil Tigers (Human Rights Watch)
(ii) Sri Lanka to sign USD 150 million arms deal with Iran


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

Buzz on the perils of fundamentalist politics, on 
matters of peace and democratisation in South 
Asia. SACW is an independent & non-profit 
citizens wire service run since 1998 by South 
Asia Citizens Web: www.sacw.net/
SACW archive is available at:  bridget.jatol.com/pipermail/sacw_insaf.net/

Sister initiatives :
South Asia Counter Information Project :  snipurl.com/sacip
South Asians Against Nukes: www.s-asians-against-nukes.org
Communalism Watch: communalism.blogspot.com/

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




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