SACW | 8 July 2006 | Shrinking Secular Space - in Pakistan, among Bangladeshi's in UK, in India
Harsh Kapoor
aiindex at mnet.fr
Fri Jul 7 21:30:31 CDT 2006
South Asia Citizens Wire | 8 July, 2006 | Dispatch No. 2270
[1] Pakistan: Study in temporising (Tahir Mirza)
[2] UK: Bangladeshis in east London: from
secular politics to Islam (Delwar Hussain)
[3] India: Delay in communal violence bill (Syed Ali Mujtaba)
[4] India: Temple Tantrums (Rajeev Dhavan)
[5] South Asia: Interrogating religious radicalism (Yoginder Sikand)
[6] India: Letter to National Commission of
Minorities re Harassment of Christians (John
Dayal)
___
[1]
Dawn
July 07, 2006
STUDY IN TEMPORISING
by Tahir Mirza
PRESIDENT General Pervez Musharraf is reported to
have directed the Council of Islamic Ideology, of
which otherwise one hears very little, to draft
an amendment to the Hudood Ordinances. This
should be done by "consensus", says the relevant
report, and the amendment should be "compatible
with Islamic law and values".
According to the report, the general said: "The
Hudood Ordinance (sic) was authored by one man
and it can be changed. However, it should not be
abused."
Whether or not the president has taken an
interest in this oppressive piece of legislation
on account of the recent media debate that has
been generated only he can say. But there has
been an outcry against the ordinances almost ever
since they were promulgated in 1979 by Ziaul Haq,
the "one man" mentioned by Gen Musharraf. There
have been several committees or commissions that
have gone through the ordinances and almost all
have recommended their repeal on the grounds both
of their anti-women bias and because, in the view
of many scholars, they do not conform to Islamic
principles of justice. The most notable of the
recommendations for their repeal were contained
in the reports of the Justice Nasir Aslam Zahid
commission and the National Commission on the
Status of Women, which was headed by Justice
Majida Rizvi.
Two elected civilian prime ministers had two
terms each to ponder over the legislation and to
amend or rescind it. In view of the fact that Mr
Nawaz Sharif at one time wanted to establish a
system based on the Shariat, he may not have been
too keen on tackling the ordinances. Ms Benazir
Bhutto had no such inhibitions, and yet she too
shied away from taking on the religious lobby.
General Musharraf made some encouraging "liberal"
noises when he took over, but he quickly learnt
the trick of pushing all socially or religiously
sensitive issues into the background.
His latest pronouncement is another study in the
art of temporising at which our political leaders
excel. He wants the ordinances to be amended, not
repealed, and amended through consensus and in a
way that is compatible with Islamic law and
values. The commissions and committees that have
urged repeal of the ordinances apparently did not
arrive at a consensus considered satisfactory by
the general and, in his view, did not make
suggestions compatible with Islamic laws and
values.
According to the Hudood Ordinances, women
reporting rape can end up by having to confess to
zina, adultery, because they have to produce four
male eyewitnesses to testify to rape. This is not
a dead law that is not invoked: the AsiaNews
website quotes the NGO Madadgar as saying that
196 Hudood cases were registered in the first
four months of this year alone - 106 in Punjab,
77 in Sindh, 11 in Balochistan and two in the
NWFP. Such is our powerful feudal culture that
couples marrying without the blessings of their
families can be and are charged under the Hudood
laws: if a man wants to victimise a woman, all he
has to do is to go to the police station and have
an FIR registered against her under the Hudood
Ordinances.
The Human Rights Commission of Pakistan says that
of the nearly 6,000 women and children in prison,
about 80 per cent of the women have been charged
with adultery under the ordinances. Most of them
come from disadvantaged sections of society, are
poor and illiterate. One newspaper article had
pertinently asked whether such women were more
promiscuous than the rich and the famous.
Thus, again we have a piece of legislation that
discriminates against the poor and in favour of
the rich.
While referring the issue to the Council of
Islamic Ideology, General Musharraf also asked
that an ordinance be issued for the immediate
release of women prisoners accused of crimes
other than murder, robbery and terrorism (and
presumably also drug smuggling). The release
process was to be finalised by Monday, but the
federal law minister now seems to be saying that
this will form part of a "package" of reforms. So
we can expect a little more delay, a little more
of temporising.
General Musharraf has sounded confident and full
of bravado on other issues, often invoking the
personal pronoun to assert that he will do this
or he won't let that happen. On this issue, he
has proved to be as pusillanimous as any other of
our political leaders, although he has far more
authority at his command. One hopes this is not
due to the fact that he holds previous military
rulers, - Ayub, Yayha and Ziaul Haq - in some
reverence. He should have denounced at least his
immediate predecessor as a military dictator when
he took over.
But loyalty to the service and no doubt the
esprit de corps prevailed over good sense. One
should be forgiven for believing so, but the
general seems so beholden indeed to the Ziaists
in the military that he keeps Ziaul Haq's son in
his cabinet as minister. The son may be gifted
with qualities of head and heart of which we are
unaware, but wasn't a principle involved
somewhere about bestowing a high office on the
progeny of a dictator who inflicted incalculable
damage on Pakistan?
One dilemma in all such matters is of course
caused by the fact that we call ourselves the
Islamic Republic of Pakistan, as clearly stated
in the Constitution by which we all swear. This
"Islamic" provision has not prevented
anti-Islamic and anti-social practices to
prevail. We have lied and cheated and given and
taken bribes and usurped the rights of innocent
people, exploited the poor and the downtrodden,
sated our appetites while the poor have gone
hungry, blown the rule of law to smithereens and
behaved in the most uncivilised fashion, and, as
a state, patronised regimes that have destroyed
historical monuments and have indulged in all
kinds of clandestine, extra-legal activities.
Yet the provision provides a reference point to
question the government on any matter that
someone considers to be contrary to what he
believes to be Islamic values or Islamic laws.
Few individuals have invoked this provision to
challenge the actions of the government, but the
religious right merrily uses it any time that it
wants to make political capital out of a
particular situation. It's the easiest thing to
describe something as un-Islamic and then watch
ministers and rulers run for cover.
The second problem is lack of religious
scholarship and of men learned in Islamic
jurisprudence. As a result, most public
discussion on matters concerning religion is
uninformed. The discourse has been cornered by
the mosque imams, many of whom are barely
literate, by clerics motivated by sectarian
prejudices, and by politically bankrupt
politicians who turn to religion to justify their
actions. What many of us consider to be Islamic
may on closer scrutiny turn out to be totally
contrary to our religious values.
Unnecessary confusion and schisms have been
created in society. Many of us believe that since
we don't know enough about religion, we should
keep it out of political argument, which should
be conducted on secular lines and on the temporal
political issues confronting us at every step.
Others think that we should imbibe enough of
religious learning and scholarship to take on the
mosque imams and leaders of the
religious-political parties on their own wicket.
The secularists have been fighting a losing
battle because our state is constitutionally a
religious state. Thus, it has become easy for the
more reactionary minded to mix up "secularism"
with being anti-religion or irreligious. No one
stops to ask how this can be possible in a
country where the majority is religious and
consists of what are described as practising
Muslims.
Secularism as a belief system that extols
tolerance and acceptance of all religions is
never considered pertinent to the Pakistani
situation. This has bred much of the hypocrisy
that we see around us and which results in laws
like the Hudood Ordinances, described by eminent
Muslims jurists as un-Islamic. The contradiction
that is at the root of many of the bewildering
problems we face should at some point of time at
least be recognised even if at the present moment
it seems impossible to resolve it.
If the Hudood Ordinances are not altogether
scrapped, which is the demand of civil society,
then any revision of the legislation must take
into consideration the views of women
representing all sections of society, and the
link between the misuse of the legislation and
the feudal system should be thoroughly
investigated. Any insular exercise conducted in
the airconditioned comfort of Islamabad, away
from the district towns and hamlets where the
ordinances provide only another means of
terrorising and exploiting women, will prove
meaningless.
_____
[2]
www.opendemocracy.net
July 7, 2006
BANGLADESHIS IN EAST LONDON: FROM SECULAR POLITICS TO ISLAM
by Delwar Hussain
Who speaks for the mostly poor Bangladeshi
community in east London? Delwar Hussain charts a
long-term shift from secular leftism to Islamism
- one in which British state policy has played a
significant role.
The connection between events in Bangladesh and
the large Bangladeshi community in east London is
intimate but not static. The influence of
economic, political and generational change on
the transformation of personal and public
identities is profound. In particular, there has
been a significant movement in recent years from
alignment with secular politics as a vehicle of
representation and empowerment towards
Islamic-based organisation. An important element
in this is that the British state has helped
create and support this process through its
funding policies and its application of a
"multicultural" model of relating to and
supporting community organisations in the area.
To understand the context of this change, it is
necessary to understand the trend of events in
the Bangladeshi homeland itself. In 2001, the
Bangladesh Nationalist Party (BNP) came to power
in coalition with the vehemently Islamist
Jamaat-e-Islami, which at the time of
Bangladesh's liberation war in 1971 had fought to
maintain the country as a province of Pakistan.
"East Pakistan" (the forerunner of Bangladesh)
shared a Muslim identity with "West" Pakistan -
today the state of Pakistan proper - but most
Bengalis wanted a secular society, rooted in
Bengali culture rather than in Islam.
Almost immediately after Jamaat's arrival in
government, attacks against religious and ethnic
minorities in Bangladesh began to be reported. A
British peer and parliamentary human-rights
representative, Eric (Lord) Avebury, said that
"Bangladesh is an increasingly dangerous place
for women, minority faiths and ethnic groups,
opposition parties and secular organisations". He
argued that at the root of these problems lies
the "cancer of a maverick branch of Islamism"
that aims to "transform the country into a
Taliban-style dictatorship".
Five years on, Bangladesh approaches an election
scheduled for January 2007 with its politics
bitterly divided between the Awami League (AWL)
and the BNP (see Liz Philipson, "Bangladesh's
fraying democracy" (26 June 2006). The Jamaat
openly advocates "Islamic revolution" and calls
for the establishment of a worldwide Islamic
khalifah (caliphate). This is the culmination of
a process that began soon after independence with
the assassination of Bangladesh's architect
Sheikh Mujibur Rahman, and the seizure of power
by the army.
Bangladesh's new rulers sought legitimacy for
their nationalistic vision by turning to
religious parties. They removed secularism and
socialism from the constitution, and declared
Islam the state religion. This issue lies at the
heart of the country's present predicament: the
attempt to revive religion as an instrument to
redefine the national identity.
The war of liberation appeared to have resolved
the problem, but the faultline persists. Jeremy
Seabrook argues that it goes to the heart of the
people's identity, "(setting) Bengali culture,
language and tradition against the growth of a
form of Islam not rooted in Bengal". Seabrook
makes the important point that for centuries, the
distinction between these two realities was not
experienced as a problem or a division at all.
The diaspora and the city
These issues - Islamic and Bengali identity,
religion and culture, political struggle and
political power - are very much alive in London's
Bangladeshi diaspora, centred in the Tower
Hamlets area. At their forefront are
organisations such as the East London Mosque
(author of conspicuous and effective Islamist
initiatives) and the Shadinata Trust (a secular
body that seeks to increase awareness of Bengali
culture and history among British Bangladeshis).
The battle is an unequal one: the secular effort
is faltering against the vibrancy and energy of
the Islamists. One of the trust's primary
objectives is to bring collaborators in the
liberation war, some of whom live in Britain, to
justice. For many young people in deprived Tower
Hamlets, this is ancient history with no
relevance to their lives: they regard Bangladeshi
politics as distant and corrupt, and day-to-day
issues of drugs, gangs and unemployment as far
more relevant.
The Islamists, by contrast, are sophisticated and
up-to-date in their focus and appeal. The East
London Mosque (and its affiliate, the London
Muslim Centre [LMC]) shares the ideology of the
Jamaat-e-Islami. The mosque is no fringe
organisation; it was at the centre of the
campaign that helped elect the local Respect
party candidate and vocal critic of Britain's New
Labour government, George Galloway, in the 2005
general election.
An article on the website of the Islamic Forum
Europe (IFE), an organisation associated with the
mosque, urged voters to vote for Galloway;
although it said he was "unlikely to establish
khalifah in East London", and he has
"passionately (campaigned) for Muslim political
prisoners far more than some of our Muslim
community elders who are still living in the days
of the subservient maharajas in British India."
The London Muslim Centre hosted an event in
honour of the new MP, where he expressed his
gratitude to the young volunteers who "gave their
blood" for him. The IFE's president, Muslehuddin
Faradhi, said: "We made sure that people (were)
able to cast their votes without fear and
intimidation and make an informed judgment. The
way we attempted to educate people was
significant. We believe the impact of this will
be felt for years to come."
A Bangladeshi Jamaat MP, Delwar Hossain Sayedee,
has regularly appeared at the mosque and raised
funds for his party there. These visits are
controversial: older Bangladeshis accuse him of
involvement in the massacres of Bengalis during
the liberation war. But the Jamaat has made
strenuous (and successful) efforts to distance
itself from its extremist and anti-Bengali past,
and young, third-generation, British-born
Bengalis have demonstrated in support of
Sayedee's presence.
It is striking that a party with the Jamaat's
record can attract young people in Britain, when
for the most part, they have little interest in
the politics of their parents' or grandparents'
country. In south Asia, the party has drawn
support from those both promoted and dislocated
by modernisation - middle-class people (teachers,
lawyers, and engineers among them) repelled by
western ideas and attracted to the ideological
rigour of fundamentalism.
Indeed, societies in transition often generate
fundamentalism. In London, the absence of a
Bangladeshi middle-class has meant that support
for the Jamaat was negligible, but it has
discovered another constituency: the
British-educated Bengali working class, those at
the bottom of Britain's social pyramid, heirs to
endemic poverty and exclusion. The path of social
advancement may be closed to them elsewhere, but
the doorway to rightwing, fundamentalist theology
is broad and always open.
The state and the "community"
The transnational, diasporic links represented by
Jamaat-e-Islami represent just one aspect of the
"Islamising" of the Bangladeshi community in east
London. There are further processes at work:
political, religious, and "multicultural".
The social policies of successive British
governments have played a part in the long-term
trend away from secularism and towards Islamism.
The British state has since the early 1990s
deferred to a generic idea of the "Muslim
community". This has increasingly enabled mosques
to enter into partnership with local authorities
to deliver social-welfare programmes. The East
London Mosque, for example, provides educational
facilities (religious and non-religious), a youth
centre, a gym, a meeting-space and a library. The
mosque and the LMC have also positioned
themselves in resistance to the culture of gangs
and drugs in the area.
These organisations share with others based on
Islamic principles a facility in targeting youth
"at risk" and helping to curb anti-social
behaviour. John Eade writes: "The success of
these projects in reaching out to disaffected
youngsters ensures that these faith-organisations
are engaged in mainstream service delivery
channels and remain open and accountable, a
requirement for public funding".
Michael Keith, the leader of Tower Hamlets
Council, observes that faith has become
legitimised as a way of providing welfare
facilities, such that explicitly faith-based
youth associations in the borough that have
become increasingly significant; to end the
funding of such organisations, he says, would
result in the disappearance of crucial social
safety-nets of the kind once provided (but no
longer) by the state.
Moreover, an effect of structural economic change
in Britain (especially the unemployment of many
former textile workers in London as a result of
the effective outsourcing of their jobs
toŠBangladesh) has been that local authorities
themselves have funded faith-based initiatives
that answer the livelihood needs of second - and
third - generation Bengalis.
This funding has its origins in two significant
events in the early 1990s - the Salman Rushdie
affair (1989) and the Gulf war to eject Saddam
Hussein's forces from Kuwait (1991) - that were
crucial in the formation of the "British Muslim
identity". In their aftermath, Britain's
political establishment realised that British
Muslims could not be ignored, believed that
gestures towards fighting poverty and social
exclusion would undercut support for specifically
"Muslim"' causes, and at the same time sought
(for economic and ideological reasons) to cut
government funding to voluntary organisations.
The result of these combined processes was the
rapid emergence of faith-based alternatives in
the social arena, whose agents urged individuals
into using their "Muslim" identity to access
particular services and to gain traction over
social and political concerns.
While in earlier periods British Bengalis were
known by their national origin, today they are
seen as part of a homogeneous "Muslim community".
This is the irony of multiculturalism: policies
aimed to create diversity in British society
opened spaces for fundamentalist intolerance and
homogeneity. Islamists have been the main
beneficiary of these developments. The media may
portray them as "backward" and "medieval" people
who reject British values, but their demands on
the British state have been and are legitimated
within a government-created framework.
However, state funding is only one aspect of the
rise of Islamism. As long ago as 1992, reports
suggested that Asian Muslims were deserting bars
and clubs and entering mosques and religious
classes. The phenomenon seems in retrospect
supportive of an argument based on the idea of
young people being "in-between two cultures"
(alienated both from the cultural "traditions" of
their parents and "modern" western culture).
This led them, the idea runs, to an embrace of an
Islam that allows individuals to transcend this
separation by linking them into the global
"culture-free" identity of the umma. The
increasing self-identification of Britain's 1.6
million Muslims by faith rather than by ethnicity
would seem to support this line of thinking (the
summary is, a simplification, needless to say,
since cultures are not static, but complex and
multiple with porous borders).
A more persuasive argument relates to issues of
discrimination and exclusion. Bengalis are among
the poorest in Britain, and among those most
exposed to racial discrimination. This is not
new; but the response of the maturing third
generation of indigenous British Bangladeshis is.
Between the 1960s and the 1980s, Bangladeshis in
London used secular, socialist ideology to combat
injustice - a system of thinking that could then
still lay plausible claim to the future. There
also remained at that time the option of return
which sustains many migrants, who promise
themselves they will go "home" when they have
made enough money.
Today, most of those born in London still refer
to Bangladesh as "home", but in practice Bengal
is distant from their daily lives and probable
futures. Within the community, Bengali
secularists appear today as archaic as the
political left. Islamic brotherhood is a more
potent tool in the fight against discrimination.
Claire Alexander, author of The Asian Gang:
contesting Britishness, writes: "Islam stands as
a psychological barricade behind
whichŠBangladeshi young people (usually men) can
hide their lack of self-esteem and proclaim a
functional strength through the imagination of
the umma".
The agency of change
An older generation of British Bangladeshis saw
Islam as one aspect of a plural, many-layered
identity; for their children and grandchildren it
has become the basis of a monolithic ideology,
the supreme identity in the struggle for
political and socio-economic interests. It is
also both reaction to and defence against the
experience of poverty and racism.
The context of this mobilisation is both global
and local. The Islamists have managed both to
articulate and project a persuasive political
meta-narrative after 9/11, and to appeal to young
people in east London by focusing on issues of
drugs, crime and unemployment. Their local
success is in part a consequence of the
state-sanctioned ideas of multiculturalism which
dominated society during their upbringing. They
have been able to use, adapt and extend such
ideas by taking them far from their "liberal"
origin, and joining very different movements
which yet proclaim the same objective of
"equality".
The impulses and actions of what might in another
age have been seen as working-class anger have
thus acquired a more plausible emancipatory
narrative in Islamic fundamentalism. Religion has
been the agent of empowerment for many Muslims in
the struggle against racism, imperialism and the
extremes of capitalist inequality. That this has
been facilitated by state funding along faith
lines is a fact few are ready to confront.
The fight of secularists against racism and
poverty appears bland compared to the ardent
certainties of religion. In Bangladesh,
secularists and the left have been marginalised
and suppressed by the post-2001 ruling coalition.
While the Bangladesh Nationalist Party - and
George Galloway in London - seek to ride the
Jamaat-e-Islami tiger for political gain, the
prospects of this strategy for resolving the
enduring questions of social justice, equality
and diversity are dim. Jamaat and other
fundamentalist groups are sowing the seeds of
future conflict, as well as obscuring more
hopeful and humane pathways to equity and harmony
for Bengalis, in both Britain and Bangladesh.
Delwar Hussain is a researcher in Bangladeshi
politics and the Bangladeshi diaspora
_____
[3]
Central Chronicle
July 5, 2006
DELAY IN COMMUNAL VIOLENCE BILL
Aligarh and Vadodra are not isolated events but
part of the larger picture of the communal
programme that is being carried out
intermittently - Syed Ali Mujtaba
The Communal Violence Bill announced by the UPA
Government soon after coming to power in May
2004, seems to be gathering dust. The Government
seems to have more reasons to pilot the Office of
Profit and the Reservation bills than make
efforts to stop the cancerous growth of
communalism in the country.
Prime Minister Manmohan Singh and Home Minister
Shivraj Patil both made separate statements in
Parliament on the communal situation in the
country and took credit of keeping it under
check. However, both maintained a stoic silence
over the timeframe for tabling the Communal
Violence Bill in Parliament.
Meantime, two communal riots, one in Aligarh (UP)
in April last and the other in Vadodra (Gujarat)
in May, reiterated the necessity of the bill. The
bill is supposed to give powers to the Union
Government to intervene in the wake of a
breakdown of the communal situation. As of now,
the Centre cannot interfere in the affairs of the
states and can only appeal it to control the
situation.
Take the Aligarh incident, where once again the
dispute centred on places of worship. Every year
the matter comes to boil there during Hindu
festivals with Muslims objecting to the use of
the blaring loudspeakers in the temple that
disturbs their prayers in the adjacent mosque. As
in the past, the tension this time too was
building up for some time and exploded with
instances of stone throwing, looting and arson.
This was retaliated through police firing,
killing eight people.
The Minorities Commission's fact-finding team
found that the police did not comply with the
rulebook and fired above the waist as all the
shots hit the victims directly on the upper parts
of the body, suggesting its intention was to kill.
The IG Police (Kanpur range) who headed the
Departmental inquiry reportedly calls it a case
of police high-handedness in his report. He says,
sufficient evidence is there to prove that the
situation could have been brought under control
without the police firing, if the administration
acted with a little intelligence and
responsibility.
Aligarh echoed in Vadodara a month later where
five people were killed in the police firing.
Here again the issue centred on a religious
structure claimed as encroachment on road by the
Vadodra Municipal Corporation, even though, the
first survey carried out in 1912 by the then
ruler of Baroda, Sayajirao Maharaj mention that
the Muslim shrine was in existence for at least
200 years and its daily light (diya) and
expenditure were borne by the Hindus.
Unless motives are attributed to its act, it does
not stand to reason why the Vadodra Corporation
paid scant regard to the ancient place of worship
and showed unnecessary haste in its demolition.
The shrine was termed as 'mini Babari masjid' and
was a target of attack at every communal riot
that took place in the city since 1969.
Muslim residents of the area that resisted the
demolition were hit with police bullets leaving
five of them dead and scores injured. A day after
the demolition, a Muslim youth was burnt alive in
his car by a fanatical Hindu mob.
The Supreme Court injunction ordered swift action
by the Union Government to control the situation;
otherwise the Vadodra incident had all the
trappings of the post-Godhra communal genocide of
2002.
Both in Aligarh and Vadodra, it is ominous that
the fatalities could have been avoided if the
local administration tactfully handled the
situation.
A cursory look at the history of the communal
riots in the country suggests that Aligarh and
Vadodra are not isolated events but part of the
larger picture of the communal programme that is
being carried out intermittently.
Riots after riots have similar story to tell. The
communal violence invariably flares up around
religious centres; the State administration
allows it to escalate. The extremists then go on
the prowl, unleashing an orgy of death and mayhem
in connivance with the local administration. When
enough damage is done and media pressure becomes
unmanageable, the authorities put their act
together to control the situation.
The naked vote bank politics of consolidating the
vote of the majority at the expense of
destruction of the minority is the pet theme for
the last sixty years or so in India. This is a
tried and tested formula in Indian politics to
first create a sharp division in the society and
then ride on the insecurity wave to romp home to
power. The Congress or the BJP both are two sides
of the same coin, so goes the saying.
Since communalism is one of the many tools on
which politics centres in India, no political
party wants to get this eliminated altogether.
Some may talk about its banishment from the
society but those who see it as a holy cow of the
electoral politics, want the communal pot to be
kept boiling.
It was a revolutionary call of many sorts when
the UPA Government announced that it was going to
bring the communal Violence Bill to stop the
repeat of Gujarat. The promise held credibility
because the Left which is supporting the
Government too showed keenness to put a lid over
this recurring crime. However, the UPA Government
having completed two years in office but still
not keen on bringing the Communal Violence Bill,
give rise to the suspicion that it may be another
case of an empty promise made for electoral gains.
However, if the Government sources are to be
believed, it is not the real case. The
Parliamentary Standing Committee of the Home
Ministry is currently discussing the Bill. The
discussions are centering around two contentious
issues; can a communal situation in a state be
dealt with by the Central Government without
encroaching upon the state's rights of
maintaining law and order? Second, can the
deployment of Central forces be done
independently or at the request of the State
Government and, in any case, can such forces act
independently or act under the command of the
State Government?
Notwithstanding the rights of the states to be
encroached upon, the fact remains that in the
name of State autonomy and exclusive right over
'law and order', the Central Government cannot
remain a spectator to the instances of communal
violence taking place in a State.
Irrespective, of the delay in the Bill, the
Central Government should immediately bring out a
statutory order that it would have the exclusive
right to intervene in the event of communal
situation, and punish those who have been behind
this heinous crime. It is time for the UPA
Government to implement the promises made.
Further waste of time would be an invitation to
another Aligarh or Vadodra to take place.
_____
[4]
The Times of India
July 7, 2006
TEMPLE TANTRUMS
by Rajeev Dhavan
The Sabarimala controversy tests India's dual
secular guarantee of religious freedom and social
justice for all. Every citizen has the right to
profess, practice, propagate and manage one's own
affairs in matters of religion including the
myriad of essential practices that define a faith.
To strike a balance, the Constitution permitted
the state to provide, for "social welfare and
reform or the throwing open of Hindu religious
institutions of a public character to all classes
and sections of Hindus" to ensure temple entry
for untouchables and others.
But, religious freedom is subject to gender
equality. The Ayyappan temple at Sabarimala is
undoubtedly a public temple which must normally
be open to all including women.
The core question is whether temple entry or
social reform can override what is sacral to a
faith. In the Srirur Math case (1954) Supreme
Court extended protection to all the 'essential
practices' of a faith to strike down provisions
which granted the commissioner for endowments
entry to the "inner Holy of Holiness... the
sanctity of which is zealously guarded".
In the Devaru case (1958) directly concerning the
temple entry of untouchables, Supreme Court took
the view that untouchables could not be
prohibited from the temple but could be excluded
from all ceremonies which were for Gowda Saraswat
Brahmins alone.
On this logic, any court or law cannot interfere
with what the faith declares as essentially
sacral or profane. The legal script of the
Sabarimala Ayyappan temple has already been
written up.
In 1991, Kerala high court not only concluded
that the exclusion of women from the temple was
reasonable and proper but also accorded sanctity
to using astrology to discern the wishes of the
deity at periodical Devapra-sanams.
Accordingly, in 1985 it was declared that "the
deity does not like young ladies to enter the
precincts of the temple". Following this, the
high court emphatically stated: "If the wish of
Lord Ayyappa as revealed by Devaprasanam
conducted at the temple to prohibit a woman of a
particular age group from worshipping at the
temple, the same has to be honoured and followed
by the worshippers and the temple authorities".
The court, therefore, proclaimed that the
Devaswom Board "has a duty to implement the
astrolo-gical findings and prediction on
Devapra-sanam... (and cannot disregard) the
wishes of the deity revealed in the Prasanam".
The present controversy stems from the latest
astrologically based Astamangala Devaprasanam in
which the deity was, allegedly, upset by many
things, including thefts and favouritism in the
temple, de-forestation and a woman having defiled
the temple sometime earlier.
In a secular vein, the deity also wanted worship
at the Vayar shrine managed by Muslims in the
vicinity. All these supposed oracular wishes of
Lord Ayyappa stand unfulfilled.
But, what has attracted attention is actress
Jaimala's confession that she had touched the
deity in 1987, her defiant stance that she will
answer to God and not high priests and her
apology.
The high priest refused to admit a dereliction of
duty to doubt the Jaimala story. Where do we go
from here? As a matter of law, Kerala high court
has clearly laid down that the exclusion of women
aged between 10 and 55 is essential to the faith
as a core 'essential practice' of the followers
of Lord Ayyappa.
If this is so, the past is secured and the future
sealed. Non-believers cannot be told to believe
in God. Nor can believers be compelled to deny
their faith. But we can ask them to re-examine
the validity of their belief.
We can go down a partisan bifocal BJP route of
preaching a uniform civil code to Muslims in the
name of reform whilst defending many irrational
Hindu claims to be part of India's national
heritage.
Such an approach has too many 'Hindutva'
contradictions to command secular respect. For
the rationalist, on the other hand, empirically
unproven beliefs and practices should be allowed
as personal belief not social practice.
Religions cannot be compartmentalised into inner
beliefs, which are to be protected and external
practices which can be reformed out of existence.
Faiths come as an integral whole.
Believers may well say that the forced entry of
women into the temple will render everyone's
prayer at the temple valueless. If the Supreme
Court's logic is followed, women may obtain entry
to the temple but not to the inner sanctum of
Lord Ayyappa.
The Kerala high court surmised that the reason
for excluding women from the Ayyappan temple was
to protect them from suffering the privations of
the 41-day ordeal of penances. The rest is blind
tradition based on astrological conjecture.
Hindu orthodoxy may have social and political
reasons for seeking refuge in obscurantism. But
Hinduism is no stranger to reform and change.
Temple entry of untouchables and other reformist
intervention have not weakened but strengthened
the faith.
Hindus cannot preach gender justice to others and
indulge in practices that their own reformers
have found wanting. For the moment we must
proceed on the basis that the practice of
excluding women from the Sabarimala temple lacks
critical, moral and religious foundation. That
the Kerala high court decided otherwise is hardly
the point.
The writer is a senior Supreme Court advocate.
_____
[5]
INTERROGATING RELIGIOUS RADICALISM
by Yoginder Sikand (July 5, 2006)
A principal premise of all forms of religious
radicalism-Christian, Jewish, Hindu, Muslim or
other-is a stark and rigid dualism. Religious
radicalism reflects a very simplistic, and, to
its adherents, a very convenient way of looking
at the world, saving them from the onerous task
of carefully examining it in all its complexity.
It divides all of humankind into two neat
compartments, hermetically sealed off from each
other and projected as being inherently and
permanently at odds. One part of humanity is
projected as consisting of the 'chosen' ones:
fervent soldiers of God, ardently struggling
against all odds to implement His will. The rest
of humankind is depicted as 'deviant',
'irreligious' or even worse: as enemies of God
and helpers of the Devil.
In this stark way of compartmentalising all of
humanity, what people of different religions
share in common, their common hopes, fears, joys
and sorrows and their innate humanness thus come
to be invisiblised, forgotten or even rudely
denied. Good things in other religions or
philosophies are either ignored or else referred
to grudgingly as only 'partial' and 'limited'
and, therefore, as inadequate for salvation.
True, often enough, when pressed with evidence
that belies their claims, religious radicals will
admit that people who do not adhere to their
particular ideology, too, are human beings, or
even children of the one God. Yet, in the same
breath they would also insist that for these
others to be truly 'saved', to be truly true to
God, they must abandon their beliefs and ways and
join their ranks. Only then, they argue, would
God be pleased with them. And if they refuse,
they would, they contend, continue to be
considered by God as His 'enemies', and their
personal piety and goodness would count for
nothing, failing to save them from perdition in
the life after death.
Aspects of the various faith traditions or
alternate understandings of these that seem to
question the principal premise of ideology of
religious radicalism are routinely glossed over,
denied or sought to be suitably 'explained' away
by religious radicals. Not surprisingly, in the
South Asian context, for instance, both Hindutva
and Islamist religious radicals routinely
denounce popular forms of religion, such as the
humanistic tradition of many Bhakti and Sufi
saints, which, while speaking in the name of
religion, evoke a common humanity transcending
narrowly inscribed boundaries of caste and creed.
Such traditions are seen as a menacing threat to
the stern, straight-jacketed dualist ideology
that religious radicalism is premised on.
Religious radicals see human beings as defined by
only one identity out of the many that they
actually possess: their religion. All other
identities, such as of class, caste, sect,
nationality, region and gender, are considered
only secondary, at best. Because these identities
sometimes threaten to disturb and challenge the
ideological hegemony that religious radicals seek
to impose in the name of religion, those who
share a broader religious tradition with the
radicals but interpret it differently and speak
for these other identities are routinely branded
as dreaded 'fifth columnists', 'agents' of the
enemies of what is presented as the one true
faith. Thus, for instance, Dalits who demand
reservations and denounce 'upper' caste
domination are denounced by Hindutva ideologues
as 'pawns' in the hands of the 'enemies' of
Hinduism, who are alleged to be using the Dalits
to destroy the 'unity' of the Hindus. Likewise,
Muslims who speak for Muslim ethnic and sectarian
minorities, such as Sindhis and Baluchis or Shias
in Pakistan, are quickly berated as 'enemies' of
Islam by Islamists, who insist that the only
identity one should possess or be proud of is
that of being Muslim. To talk of other identities
is thus a major threat to those who wish
political discourse and people's worldviews to be
defined solely by religion, and that too by their
own particular, fiercely dualistic, version of it.
Related to this is the point that religious
radicalism often serves the function of
preserving and promoting the interests of
entrenched elites or of middle-class elements
seeking that status. Religious radicalism,
generally speaking, reflects a certain cognitive
or intellectual arrogance that is sternly
elitist: 'We alone are right, and others,
including people of other faiths as well as
people who claim to follow our faith but follow
or understand it differently are wrong". But this
suffocating elitist exclusivity does not remain
limited to the realm of discourse. More often, it
is consciously used to forcibly counter other,
particularly subaltern, ways of understanding the
very same religious tradition that religious
radicals claim to represent-witness the fervent
opposition of Hindu and Muslim radicals to
popular Hindu and Muslim subaltern cults, which
has, throughout history, taken even violent
forms. Witness, too, the fierce persecution of
various subaltern Christian sects by the Catholic
Church. Such alternate forms of religion are seen
as in urgent need of being countered and
suppressed, peacefully or by manipulation, but,
if that fails, then through force, because they
effectively challenge the claims of religious
radicals of being the sole spokespersons of the
religion they claim to represent.
Religious radicalism is also often used to
suppress demands articulated by subaltern groups
protesting against their subordination at the
hands of elites who are associated with their own
broadly defined religious tradition. As part of
this agenda, religious radicals seek to entice
the oppressed to turn their wrath onto people of
other faiths instead, who are projected in
radical religious discourse as their real
'enemy'. Hence, for instance, Dalits protesting
'upper' caste Hindu hegemony are told that they
should cease serving the agenda of the 'enemies'
of the Hindus and that, instead, they should
attack Muslims, who are projected in Hindutva
discourse as the great, menacing 'other'.
Similarly, in Pakistan, workers and peasants
struggling against landlords and the
feudal-industrial elites and non-Punjabis opposed
to Punjabi hegemony are warned by radical
Islamists to cease what they denounce as their
'anti-Islamic' agenda which, they claim, is
inspired by the 'enemies' of Islam and calculated
to divide the Muslim 'ummah' against itself.
Instead, they are told, they should join hands
with their fellow Muslim oppressors in a joint
struggle against a range of forces who are
routinely depicted as Islam's 'enemies',
including the Hindus, India, the West and so on.
Religious radicalism is thus often consciously
used as a device to keep subaltern groups
associated with the same broadly defined
religious tradition as the radicals firmly in
their subordinated position. In this sense,
therefore, religious radicalism is more often
than not an enemy of most members of the very
community whose faith tradition it claims to
represent and champion.
Because they speak the same idiom of
religiously-inspired exclusivity and sharp
dualism, different religious radicalisms, while
claming to be fanatically opposed to each other,
actually feed on one another, all being opposed
to the recognition and celebration of a common
humanity and of alternate truth claims. In
effect, therefore, the ideology of religious
radicalism is a major stumbling block to genuine
inter-faith dialogue and solidarity. At a time
when religious identities are playing a major
role in shaping world affairs and local as well
as translocal conflicts, religious radicalism
needs to be critically interrogated. While the
complex economic, political and cultural roots of
many of these conflicts have to be addressed, the
religious or ideological dimensions also need to
be carefully understood and critiqued. Although
not adequate by itself for this purpose,
promoting alternate understandings of each
religion, more accepting and accommodative of
other religions and their adherents, is a crucial
necessity in this regard.
_____
[6]
Communalism Watch
July 6, 2006
Letter to National Commission of Minorities re Harassment of Christians
Dr. John Dayal
Member: National Integration Council
[. . .]
MOST URGENT
[. . .]
6 July 2006
Jenab Mohammad Hamid Ansari
Chairman
National Commission for Minorities
Lok Nayak Bhawan,
New Delhi 11003
Re:
1. Harassment of Nuns and Christian workers at
Bus Stops, Rail Stations in Tirupati
government-owned areas
2. Request to have the Constitutionality of the
Seven Tirumala Hills reportedly being out of
bounds to Christians
3. Ending hate campaign against Christians in Andhra Pradesh
Dear Ansari Saheb
[. . .]
I am making this formal complaint to you
regarding a sustained hate campaign by the
religious fanatics of the so-called Sangh Parivar
in Andhra Pradesh, directed as much against the
Church as against certain local politicians who
may profess the Christian faith, and in
particular Chief Minister Rajshekhar Reddy.
While I am sure the Mr. Reddy can take adequate
care of himself and counter the campaign –
carried out in the media as also on the
grassroots level – helpless Christian workers,
ordinary people, cannot. Nuns and Pastors have
particularly been victimized and targetted. There
have been several incidents in the state in the
last six months.
[. . .] goons of the Sangh Parivar have taken
upon themselves to be the local religious police
– in connivance with some ranks of the Andhra
State police, to harass Christian workers in the
guise of stopping their missionary activities or
`conversions.’
[. . .]
I am sure you, and other departments of the
Government of India, will look into this incident
and it ramifications for the health of secularism
in our country.
With warm personal regards
John Dayal
--
[ Full text of the above letter is available at:
http://communalism.blogspot.com/2006/07/john-dayals-letter-to-ncm-re.html
]
_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/
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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