SACW #1 | Oct. 22-23, 2006 | Pakistan: Islam and Cricket; Gay sex; Sexuality minorities; Homeless in Delhi; Afzal's Hanging & democracy; Mangalore 'Riots'
Harsh Kapoor
aiindex at mnet.fr
Sun Oct 22 20:59:22 CDT 2006
South Asia Citizens Wire - # Pack 1 | October 22-23, 2006 | Dispatch No. 2308
[1] Pakistan: 'Islamisation' of our cricket team (Editorial, Daily Times)
[2] India: Gay sex and motorbikes (Peter Singer)
+ India: Rainbow Planet - A coalition working
for the rights of sexuality minorities
[3] India: No house for Mr Kumar (Harsh Mander)
[4] India: Death Row . . . and Reasons of State
- What Does Mohammad Afzal Know? (Ali Javed, Tripta Wahi)
- The Spectral Order of Sacrifice (Vinay Lal)
[5] Growing Communal Danger in Karnataka:
(i) India: Mayhem in Mangalore (Yoginder Sikand)
(ii) Mangalore 'Riots' (Nalini Taneja)
(iii) The Dialectics of Communal Conflict in
Coastal Karnataka (V.Lakshminarayana)
____
[1]
Daily Times
October 23, 2006
EDITORIAL: 'ISLAMISATION' OF OUR CRICKET TEAM
The new chairman of the Pakistan Cricket Board
(PCB), Dr Nasim Ashraf, has said that he has
advised his national team to strike a balance
between religion and cricket: "There is no doubt
their religious faith is a motivating factor. It
binds them together, but there should be a
balance between religion and cricket". He was
answering a rare query that that the team was
being "misused" by religious elements.
Dr Ashraf has also told the cricketers that there
should be no pressure on players who don't pray
regularly: "I have told Inzamam there should be
no perception among players that if they don't
pray, they will not be in the team". Inzamam is
supposed to have told him that there was no such
pressure on anyone. The chairman was of the view
that there was "no connection between maulvism,
ultra orthodox Muslims, and cricket".
Newspapers have often noted that the
"Islamisation" of Pakistan's cricket team was
accomplished by four players: Inzamamul Haq,
Mohammad Yousuf, Saeed Anwar, and Mushtaq Ahmed.
In recent years, if the team has started looking
like a posse of radical Muslim activists who
treat the sport as a kind of jihad, then the
proselytising passion of these cricketers is to
be analysed. The bolt of lightning that struck
them was nothing original. The old "born again"
feeling has been there in earlier public icons
too. Indeed, singers and actors fall for it with
dull regularity.
The first feeling of inner transformation after a
great sporting feat was experienced by Fazal
Mahmood, the Oval hero, who began sporting a
flowing beard while he was still in police
service. He was never known as a great civil
servant - he was hardly on duty by reason of his
playing the game all year round - but he was
considered safe in Railway Police. Whoever
visited him had to listen to not very original
sermons on the Holy Quran whose verses used to
decorate the walls of his office.
After Fazal it was another Pakistan skipper,
Saeed Ahmad, who heard the divine call and began
growing his beard. He knew that another inner
city leg spinner, SF Rehman, who nearly made it
into the national team, had already become an
imam masjid and was sermonising Lahore's
population. The heady feeling of talking without
being interrupted to a crowd of admiring nimazis
was irresistible. A singer of great talent these
days does the same thing on a TV channel and goes
on for hours with his not-so-original and
intellectually arid but arousing speeches which
he intersperses with na'at songs.
The big catch for the Islamists was, of course,
Imran Khan who got the born-again feeling after
he had won the World Cup for Pakistan. Our
cricket team should learn from him: it is not
necessary to keep an unkempt beard that recalls
the days of WG Grace rather than any modern
sport. Imran Khan turned to religion after a long
and brilliant career in the sport and his
transformation probably came because of a
spiritual gap he felt in the wake of a playboy's
life in London earlier. He decided to espouse
"piety" subsequently but without brandishing a
beard. He says his prayers but makes a point of
not being unduly demonstrative about his religion.
There is no doubt that Inzamam has leaned on
Islam to avoid the distractions confronting him
during his tours abroad. He was never reported as
"having a nice time" like some other players in
the team. He was among the high flyers of
Pakistan cricket but did not take to their
dissolute ways. But there are others whose
"Islamisation" has been worn like a badge. Great
off-spinner Saqlain Mushtaq - the inventor of the
doosra - has been more "utilitarian" about it.
Muhammad Yousaf's conversion from Christianity
could have been without the big beard, but he was
inspired by the collective prayers of the team:
he probably did not want to be left out. His
transformation may be genuine but he has touched
off a wave of copy-cat conversion among Christian
youths, including in his own family, that are
becoming embarrassing. Invariably after
conversion, the boys ask for financial
maintenance because they have been dispossessed
by their offended parents. There is evidence of
coercion too, as reported by Pakistan 's popular
Christian singer, A Nayyar.
The quaint thing about the born again feeling
among the Muslims is that after the metamorphosis
people become anti-West in addition to being
radical Muslim. So far all the "renewed" fellows
among us have expressed extreme political
opinions and have embraced a hard and restrictive
Islam. That is not to say that our cricketers are
hardline religious fanatics - they are mostly
linked to Tablighi Jamaat which is a Deobandi,
rather ascetic, and avowedly apolitical,
organisation - but the image they inevitably have
among those who watch them abroad is pretty close
to the extremists who appear on videocassettes
before their suicidal acts.
What is definitely wrong - if it is true - is
that non-transformed new boys joining the
cricketers should come under any pressure from a
team and a captain who conspicuously line up and
say collective namaz five times a day, often in
open view. The team is also said to have fasted
through tough matches in the past. If there is
even an indirect coercion or strong persuasion in
favour of such Islamisation in the team, it is
wrong and must be discouraged. This sort of
"Islamisation" and non-success also don't go
together. Too much emphasis on the external or
ritual aspects of religion lead to a bad taste in
the mouth when the national team makes stupid
mistakes and loses matches it was expected to win.
Saeed Anwar, Mushtaq Ahmad and Saqlain Mushtaq
declined in their form rather steeply after
growing their beards and making pious statements
in the media. Shahid Afridi is following in their
footsteps. Has "Islam" anything to do with their
bad performance? No. The sportsman and his
character irreducibly remains the same whether he
demonstrates his religion or not. The issue is
not about being religious. That is an individual
choice. It is about flaunting it in a manner that
seems to threaten some and pressure others to
follow suit. The team must be talked to about the
image the world has of men with unkempt beards
and black marks on their foreheads. The team must
build a good image for itself, if for nothing
else than for the sake of gaining a neutral crowd
watching the game. *
____
[2]
The Guardian
October 21, 2006
GAY SEX AND MOTORBIKES
If an activity brings satisfaction to those who
take part in it and harms no one, it can't be
immoral
Peter Singer
In recent years the Netherlands, Belgium, Canada
and Spain have recognised marriages between
people of the same sex. Several other countries
recognise civil unions with similar legal effect.
An even wider range of countries have laws
against discrimination on the basis of a person's
sexual orientation, in areas such as housing and
employment. Yet in the world's largest democracy,
India, sex between two men remains a crime
punishable, according to statute, by imprisonment
for life.
India is not, of course, the only nation to
retain severe punishments for homosexuality. In
some Islamic nations - Iran, Iraq, Saudi Arabia
and Yemen, for instance - sodomy is a crime for
which the maximum penalty is death. But the
retention of such laws is easier to understand in
countries that incorporate religious teachings
into criminal law than in a secular democracy
like India.
Anyone who has visited India and seen the
sexually explicit temple carvings there will know
that the Hindu tradition has a less prudish
attitude to sex than Christianity. India's
prohibition of homosexuality dates to 1861, when
the British ruled the subcontinent and imposed
Victorian morality upon it. It is ironic that
Britain long ago repealed its own similar
prohibition.
Fortunately prohibition of sodomy in India is not
enforced. Yet it provides a basis for blackmail
and harassment of homosexuals, and has made it
more difficult for groups that educate people
about HIV and Aids. Vikram Seth, the author of A
Suitable Boy, recently published an open letter
calling for repeal of the law that makes
homosexuality a crime. Many notable Indians,
including the Nobel laureate Amartya Sen, have
given it their support. A challenge to the law is
before the high court in Delhi.
Around the time when India's prohibition of
sodomy was enacted, John Stuart Mill was writing
his celebrated essay On Liberty, in which he put
forward the principle that: "... the only purpose
for which power can be rightfully exercised over
any member of a civilised community, against his
will, is to prevent harm to others. His own good,
either physical or moral, is not sufficient
warrant ... Over himself, over his own body and
mind, the individual is sovereign."
Mill's principle is not universally accepted. The
20th-century British philosopher of law, HLA
Hart, argued for a partial version of it. Where
Mill says that the good of the individual,
"either physical or moral", is "not sufficient
warrant" for state interference, Hart says the
individual's physical good is sufficient warrant,
if individuals are likely to neglect their own
best interests and the interference with their
liberty is slight. For example, the state may
require us to wear a seatbelt when driving, or a
helmet when riding a motorcycle.
But Hart sharply distinguished such legal
paternalism from legal moralism. He rejected the
prohibition on moral grounds of actions that do
not lead to physical harm. The state may not, on
his view, make homosexuality criminal on the
grounds that it is immoral.
The problem with this is that it is not easy to
see why legal paternalism is justified but legal
moralism is not. Defenders of the distinction
often claim that the state should be neutral
between competing moral ideals, but is such
neutrality really possible? If I were a proponent
of legal moralism, I would argue that it is,
after all, a moral judgment - albeit a widely
shared one - that the value of riding my
motorbike with my hair flowing free is outweighed
by the risk of head injuries if I crash.
The stronger objection to prohibiting
homosexuality is to deny the claim that lies at
its core: that sexual acts between consenting
people of the same sex are immoral. Sometimes it
is claimed that homosexuality is "unnatural", and
even a "perversion of our sexual capacity", which
supposedly exists for the purpose of
reproduction. But we might as well say that
artificial sweeteners "pervert our sense of
taste," which exists to detect nourishing food.
We should beware of equating "natural" with
"good".
Does the fact that homosexual acts cannot lead to
reproduction make them immoral? That would be a
particularly bizarre ground for prohibiting
sodomy in a densely populated country like India,
which encourages contraception and sterilisation.
If a form of sexual activity brings satisfaction
to those who take part in it, and harms no one,
what can be immoral about it?
The underlying problem with prohibiting
homosexual acts, then, is not that the state is
using the law to enforce private morality. It is
that the law is based on the mistaken view that
homosexuality is immoral.
· Peter Singer is professor of bioethics at
Princeton University and the author, with Jim
Mason, of The Way We Eat: Why Our Food Choices
Matter
o o o
*RAINBOW PLANET - A COALITION OF PROGRESSIVE GROUPS WORKING FOR THE
RIGHTS OF SEXUALITY MINORITIES, SEXWORKERS AND PLHA*
Description*
*Rainbow Planet is a coalition of diverse progressive groups from India
working for the rights of sexuality minorities (hijras, kothis,
doubledeckers, lesbians, bisexuals, gays, homosexuals, transgenders and
others oppressed due to their sexual preferences and/or gender expression),
sexworkers (men, women and transgender), and PLHA (People Living with
HIV/AIDS). Our goal is to bring together sexuality minorities, sexworkers
and PLHA to a common platform to build solidarity within them and also with
other social movements.
We came together in a big way from the 16th - 21st of January 2004 to make
our issues visible at the WSF (World Social Forum) 2004 in Mumbai, India. We
had two events that included one panel and a march. In one of the huge hall
meetings with more than 4000 participants there were eloquent and moving
testimonies by working class sexworkers, hijras, kothis, lesbians and PLHA.
Around 2000 people, many of whom were from other social movements, attended
the march. More than a 100,000 stickers were distributed by the Rainbow
Planet which said, 'Judge Not - Support sexual preference' in Telugu,
Kannada, Malayalam, Marathi, Hindi and English and this was seen to be worn
boldly by thousands of people. Rainbow Planet pushed sexuality issues to
occupy a central space in the WSF 2004. The notion of a rainbow was
broadened to include sexworkers and PLHA. Rainbow Planet received wide media
coverage from the national and international media.
Plans for the India Social Forum (9th - 13th November, 2006, Delhi)
We propose to organise the following at the ISF (India Social Forum,
www.indiasocialforum.org):
1. A Panel with 1000 participants, where sexuality minorities,
sexworkers and PLHA from across India will testify about violence, stigma,
discrimination and oppression faced by them, their lived realities and
struggles for justice.
2. A colorful celebratory march to visibilize sexuality minorities,
sex workers and PLHA struggles and a celebration of being together.
3. One stall to reach out to diverse groups and movements from all
over India by giving information about Rainbow Planet and its partners. This
will be the contact point for Rainbow Planet at the ISF.
4. Production and distribution of campaign materials like leaflets,
stickers etc. for mobilization and visibility.
We have already registered these activities at the India Social Forum
website ( www.wsfindia.org). We propose to mobilize 500 sexuality
minorities, sexworkers and PLHA from across India to come and be a part of
Rainbow Planet at the ISF.
Our objective is to visibilize the multiple layers of violence and stigma
that sexual outlaws have faced due to a basic lack of freedom and liberty
regarding sexuality preferences/practices and/or gender expressions. We see
Indian Social Forum as a an opportunity to reach out to other social
movements to build solidarity.
Apart from testifying to the oppression, marginalization and violence,
Rainbow Planet, through the voices and visions of survivors and resistors
will seek to understand and unravel the hidden realities of sexworkers,
sexuality minorities and PLHA, so as to celebrate the survival despite
incredible odds, of subcultures of resistance to dominant notions of
sexuality.
'Rainbow Planet' Concept Note
The struggles of those whose identities place them within the rubric of
sexual outlaws such as sexuality minorities, sex-workers and PLHA has been
slow to coalesce into a socio-political movement. Sexuality-based activism
in India still remains a fledgling, a newcomer when compared to well
established and widely recognized social movements found among workers,
farmers, adivasis, dalits, women, displaced peoples etc. Currently, there is
not a unified, All-India platform for sexuality rights activism.
Various social activist groups have questioned sexuality rights movements'
'legitimacy' and this makes it very difficult for such a movement to find
space in the mainstream rights discourse. The role that sexuality rights
movements play within the context of other marginalized peoples' struggles
remains unclear. While some spaces have opened out, we are still too often
dismissed as advocating a personal choice or a lifestyle at best or a
perversion at worst. Sexuality rights are still seen as a privileged, upper
class issue that does not affect the working class. There is also a refusal
to acknowledge the States' repressive and regressive role in perpetrating
injustice against sexual outlaws, as huge majorities believe that the State
has to mandatorily enforce morality in order to safeguard hetero-patriarchal
societal systems.
Sexuality has not found a legitimate space in the same way that class,
caste, gender, race, ecology, and many others have in human rights
discourse. In this context, Rainbow Planet is being organized to clearly
articulate sexuality rights as a critical component of building solidarity
among marginalized peoples' movements. Much too often, sexuality becomes the
basis for the entrenched and pervasive violence which is often unrecognized,
under-reported and marginalized. By staunchly denying legitimacy to the
struggles and aspirations of sexuality minorities, sexworkers and PLHA, our
society condones human rights violations.
Section 377 of the Indian Penal Code (IPC) penalizes non-procreative sex, as
a result of which sexuality minorities are criminalised. IPC 377 along with
social stigma forms the structural basis for state and non-state actors to
perpetrate human rights violations against sexuality minorities. Sexuality
minorities were tolerated in India, before the imposition of IPC 377 by the
British, based on their Judeo-Christian values. Indian Government continues
to support the continuation of IPC 377 in Delhi High Court, while the
National AIDS Control Organisation (a governmental agency) advocates against
the enforcement of IPC 377 on the grounds that it impedes effective HIV/AIDS
interventions among MSM (Men who have Sex with Men).
Immoral Traffic Prevention Act (ITPA) is based on the erroneous premise that
there is no such thing as voluntary sex work and punishes poor people
(mostly) whose livelihoods are based on sex work. The intended purpose of
the law is to prevent trafficking into sexwork, however it becomes a tool to
harass, abuse, extort and torture sexworkers across India. Although sexual
services have constant demand and is tolerated within the margins of
society, it is stigmatized and condemned at the same time. Like
homosexual/bisexual men and transgenders (M2F) sexworkers are highly
vulnerable to HIV/AIDS. Many NGOs are providing HIV/AIDS services to
sexworkers in India with funding from USAID. USAID makes it mandatory for
all its fund recipients, to sign an anti-prostitution pledge i.e. not
supporting the rights of sexworkers. Currently, Indian Government is
proposing to amend ITPA, which seeks to penalize clients of sexworkers.
Passage of such an amendment will be catastrophic as far as the livelihoods
of sexworkers and their dependants are concerned. Urgent need is to
recognise sexwork as legitimate work/profession.
According to NACO, India is home for more than 5 million PLHA, a large
portion of whom are sexuality minorities and sexworkers. More than 500000 of
them are in need of ART (Anti-Retroviral Treatment) for their survival at
this point of time. Indian Government is providing free ART to less than
35000 people as of now. Not providing free ART to the remaining 465000+
people is nothing but mass murder. Indian Government is allowing most PLHA
to perish by supporting multinational pharmaceutical companies to profit
using newly amended patents act. Unfair patent regimes (TRIPS agreement)
under WTO has forced countries in the Global South to grant patents to
multinational pharmaceutical companies for long periods, using which they
can sell their medicines at any price, i.e. kill people for profits. PLHA
are dying, as they can't afford life-saving Anti Retro-Viral drugs due to
the liberalization, privitisation and globalisation policies of the Indian
Government.
Objectives of Rainbow Planet
· To ensure recognition of sexuality rights struggles as legitimate
human rights struggles through the voices of sexuality minorities,
sexworkers, and PLHA
· Strengthen regional and national alliances among individuals and
groups working on sexuality minorities, sexworkers and PLHA issues in order
to work for more effective action and advocacy.
· Formulate concrete and relevant actions and campaigns at the
regional, national and international levels that formulate long-term
sustainable strategies.
· To dialogue, link and build solidarity with other movements to
receive and give support to each other's causes.
· Advocate for and share widely the issues, concerns and
opportunities related to the core theme from the perspective of the victims,
survivors and resistors of the violence of stigmatization, discrimination
and a judgmental attitude.
· Provide a forum for sexworkers, sexuality minorities and PLHA from
different regions of the India to share, reflect and have a deeper
understanding of the phenomenon of stigma and discrimination in different
contexts.
_____
[3]
Hindustan Times
October 22, 2006
NO HOUSE FOR MR KUMAR
by Harsh Mander
His mother delivered him under a plastic sheet,
in a dusty makeshift tent strung on land adjacent
to a construction site at the Indira Gandhi
International Airport in Delhi, where his parents
laboured for many years. He does not know the
date he came into this world. "We workers do not
write our histories," he smiles sardonically. For
his school certificate, his father chose as his
date of birth Independence Day. So officially,
Pramod Kumar was born on August 15, 1974.A few
months later, his parents returned to their
native village in Bhagalpur in Bihar. It was home
for them, but as landless agricultural workers,
there was rarely work. So, every few months, his
father would take a fresh loan from the local
moneylender and disappear to the city for several
months at a stretch.Now with three sons and one
daughter, Pramod's mother stopped travelling with
his father. As his father aged, he also lost the
spirit to bear the rigours of long, lonely
passages to distant work sites. Instead, first
Pramod's elder brother and then Pramod dropped
out of the village school and made the same
journey to Delhi that their parents had so often
in their lives, so that they and their families
could survive.Pramod was then 10 years old. His
first job was as helper to a mason on the
Mehrauli-Gurgaon road. His first wages in 1984
were Rs 11 and some paise a day. Survival, once
again, was stretched for him precariously under a
soiled plastic sheet, where he was to live for
another 10 years. The worst months, he recalls,
more than even the biting cold of winter, were
those of the monsoon deluge. They would have to
wade for days in their hovels in slushy water,
and had to mount their stove on a string cot so
that they could cook. He lived among others from
his village, who took care of the growing boy. He
loved to study and carried his school books with
him from the village.Each year, he would return
for the annual examinations, his teachers
overlooking his absence from classes. Eventually,
he passed his ninth class. In time, he joined an
electrician as his apprentice. He learnt how to
wire newly-constructed homes; the hours were
long, the work dangerous for a novice, but the
money was better. His wages mounted rapidly to Rs
28, and eventually to Rs 88. He was now able to
set aside money to send home to his ageing
parents in the village.On one of his visits to
Bhagalpur, his parents wed him to a young girl
from near his village. When Pramod brought his
bride to Delhi, he was unwilling to subject her
to his harsh life under a tent, so he bought a
piece of land from a contractor he had worked for
in Patparganj in East Delhi. It was a low-lying
bog clogged with slime, sewerage drained from
surrounding areas, mosquitoes and dense shrubs,
behind the high-rise apartment buildings where he
was employed to lay the electrical lines. Pramod,
his young wife and others who were illegally sold
the land by the contractor toiled for months to
clear and level the land. The contractor gave
them bricks and tin sheets to fabricate their
tiny, tenuous homes.Eventually, 430 shanties came
up. There was no water supply or drinking water.
They collected plastic carriers of water from a
leaking pipe two kilometres away, and the only
toilet available to them was the continuously
shrinking open spaces around. "Who could we
complain to?" Pramod asked bitterly. "The
contractor? He would have simply packed us off
and then what would have become of us?"When their
first daughter was born, Pramod resolved that
they could not live like this forever. A
contractor recruited him for employment in Dubai,
where he worked for eight years. His employer
took his passport from him as soon as he arrived
at the airport, and he worked almost all his
waking hours. He never enjoyed his years in
Dubai. "It was not like being in your own
country." But he saved enough to send money both
to his parents in the village, and his wife in
the slum in East Delhi. He visited his home every
few years, and each time, left his wife pregnant.
He has three daughters and a boy.When he finally
returned to India, he found that globalisation
had driven out most of the small building
contractors. Foreign companies employed only
people with formal degrees, something that Pramod
could never acquire despite his love of books.
He, therefore, resolved that he would educate all
his children in English medium schools, whatever
it cost him. The fees in Bal Nikunj Public School
are Rs 200 every month, but he feels that the
school is better than those run by the
government, "where children can barely write
their names".I asked Pramod's little son what he
learnt in school. He thought for a while before
he replied, "Achi batein!" (Good things!)The
residents of the high-rise buildings which they
had toiled to build, and where their wives and
sisters washed dishes and floors, decided that
they no longer wanted a slum in their midst. They
filed a complaint in the court against violation
of 'green belt' regulations, and the court ruled
against the slum residents without hearing
them.The night of February 23, 2006, a head
constable informed them that demolitions would
start the next morning. They huddled helplessly
in their homes and soon after dawn, bulldozers
appeared. The roads were blocked on both sides.
People desperately retrieved what they could in
the blur of an hour - TV sets, some boxes of
clothes, loved toys - but the rest was crushed
under the relentless advance of dozers.They
desolately lived under the open sky for the next
two months. Some like Pramod then moved into tiny
rented tenements that they could ill afford. The
court that had ordered demolitions had not found
it fit to instruct rehabilitation. Many
demonstrations and gheraos of the officers of the
Delhi Development Authority finally yielded the
reluctant offer of undeveloped plots in 20-km
distant Bawana, but only if they made a
down-payment of Rs 5,000. Even this offer was
made to only 92 of the 430 resident families
deemed by the officials to be 'eligible'. Of
these, 48 families took loans from moneylenders
at 10 per cent interest per month, to pay the
authorities. For the rest, including Pramod, the
only prospect seems homelessness.Pramod took me
to see the site where their homes had stood
barely months earlier. Around the plot, a wall
had been constructed. Through a small gap, he
pointed out a madhumalati shrub. "That is
precisely where my home stood," he said. "I had
bought the madhumalati for Rs 25. It soon grew
all across the roof of our home. It gave such a
beautiful fragrance at night; it was the envy of
the entire colony. It was crushed under the
bulldozers, but revived in the monsoon. It stands
there alone. My heart breaks whenever I look at
it."
The writer is the convenor of Aman Biradari, a
people's campaign for secularism, peace and
justice
_____
[4]
Alternative India Index - 22 October 2006
http://membres.lycos.fr/sacw/article.php3?id_article=30
(Appeared earlier in Outlook on Oct 19, 2006)
APPEAL
What Does Mohammad Afzal Know?
According to the Supreme Court, just six persons
are involved: the five attackers, and Mohammad
Afzal. Since the attackers died on the spot,
Mohammad Afzal is the only living witness to the
episode, according to the Court.
Ali Javed, Tripta Wahi, The Committee for Inquiry on December 13
19 October, 2006
Prof. A. P. J. Abdul Kalam
Hon'ble President of India
Rashtrapati Bhawan
New Delhi-110001
Respected Sir,
After the High Court judgment of October 2003 in
the Parliament attack case, many individuals
comprising The Committee for Inquiry on December
13 felt that very serious questions remained
unanswered. Thus, after studying the judgment and
the relevant documents carefully, the Committee
was formed in March 2005 to bring out the truth,
ensure justice and protect the rights of the
accused in the parliament attack case. We hold
that the judgment of the Supreme Court in August
2005 has vindicated many of the concerns raised
by us.
The Committee strongly condemns terrorist acts by
fundamentalist outfits; these are serious attacks
on civil society and its democratic institutions.
However, the Committee agrees with Mr. Kofi Annan
that human rights, along with democracy and
social justice, are one of the best prophylactics
against terrorism. The task is not easy, but it
must be undertaken for democracy to function.
Since its inception, our Committee has been
following the Parliament attack case with
diligence. It released a book on the topic,
December 13: Terror over Democracy, written by
one of its members. A copy of the book is
enclosed. We have also released press statements,
have made several appeals to you and the National
Human Rights Commission on a variety of grave
concerns that arise from a close study of the
case. After the Supreme Court judgment we also
appealed to the members of Parliament, with
supporting documents, to institute a
Parliamentary inquiry into the entire episode. We
are enclosing some of the relevant
representations, documents and more recent
literature for your kind perusal.
In the light of our studies, we strongly object
to the decision by the Sessions Court that Mohd.
Afzal, accused in the Parliament attack case, is
to be hanged on 20 October 2006. The hanging will
not only be a travesty of justice, it will have
far-reaching consequences for peace, secular
fabric of the country and the ability to address
the menacing problem of terrorism. Our objections
are as follows.
(A) As to the capital punishment given to Mohd.
Afzal by the Supreme Court of India, we wish to
make the following observations:
1. The Court did not find him to be a member of
any terrorist organization. In fact, he
surrendered to the Border Security Force in
Kashmir in 1993 and, as noted by the Courts, he
had been in regular contact with the security
agencies since.
2. Mohd. Afzal did not take part in the attack on
the Parliament of India. Since the Court set
aside his confession obtained by the police under
POTA as unreliable, the story of conspiracy
described therein and relied upon by the High
Court does not apply to him. Therefore, even if
the criterion of rarest of rare cases applied to
the actual attackers and the mastermind(s) of the
operation whoever they are, it does not apply to
Mohd. Afzal.
3. Mohd. Afzal had virtually no legal defence in
the trial court. A junior lawyer was appointed
amicus by the trial court against the wishes of
Mohd. Afzal. The lawyer neither engaged in any
meaningful cross-examination nor produced any
witnesses in support of his client.
(B) As to whether Mohd. Afzal is guilty of the
charges, we wish to point out that the judgment
of the Supreme Court was based entirely on
circumstantial evidence produced by the Special
Cell of the Delhi Police. We note the following
about this agency:
1. As noted, the Supreme Court set aside Mohd.
Afzal's confession obtained by the Cell. There is
clear indication in the judgment that the
confession was secured by force.
2 Earlier, the High Court had observed that the
Cell had fabricated crucial documents and had
kept people in illegal confinement to force them
to sign papers.
3. As various human rights organizations and
citizen's groups have repeatedly reported to you
and the National Human Rights Commission, the
Cell is notorious for illegal arrests and false
encounters.
We find it to be a travesty of justice that a
person is found guilty and awarded the capital
punishment solely on the basis of evidence
produced by this investigating agency.
(C) Our understanding of the Presidential powers
under Article 72 of the Constitution of India is
that, apart from examining the legal soundness of
the judgment, the President of India is empowered
to examine extra-judicial circumstances that
might have adversely influenced the judicial
proceedings, and over which the judicial
proceedings have no control. This aspect is fully
argued in the enclosed article in Economic and
Political Weekly (October 7 2006).
To take one example out of many, the Supreme
Court had justly set aside the confessional
statement of Mohammad Afzal as unreliable. Once
the Court set it aside, it no longer formed
evidence against Mohammad Afzal. However, the
Court did not and can not inquire into the
extra-judicial significance of its act.
As we have repeatedly pointed out, the
confessional statement contained the only story
of the conspiracy and the planning to attack the
Parliament. This story has been widely publicized
for over four years as the truth by the media and
the lower courts. Mohammad Afzal was made to tell
this story in front of television on 20 December
2001. Subsequently, a film was made by Zee TV
based on this story. Since the government did not
produce any other evidence, we may presume that
this story also formed the basis of the
war-effort during 2001-2. Since the Supreme Court
set aside the confessional statement, the entire
story falls apart.
Who then masterminded the attack on Parliament?
On what basis was the country taken close to a
nuclear war? Who is responsible for this massive
fabrication? According to the Supreme Court, just
six persons are involved: the five attackers, and
Mohammad Afzal. Since the attackers died on the
spot, Mohammad Afzal is the only living witness
to the episode, according to the Court. What does
Mohammad Afzal know? Understandably, the Court
was not assigned the task of answering these
questions. However, an examination of these
issues has direct bearing on the post-judicial
review of the case. Under Article 72 the
President of India is empowered to initiate such
examination.
(D) The Parliament attack case is a test case for
the functioning of civil institutions of India.
Given the series of omissions and irregularities
listed above, there is a genuine grievance that
justice has not been meted out in this case. The
hanging of Mohd. Afzal will only help perpetuate
the grievance and further polarize communities.
Needless to say, it is likely to affect the peace
process in Kashmir so earnestly undertaken by the
government. Further, given the gravity of the
brutal attack on Indian Parliament and that the
country was taken very near to a nuclear conflict
with Pakistan, the people of India have a right
to know what exactly happened, who were the
masterminds, how the attack was planned and the
security breached.
We, therefore, appeal to you to not only set
aside the punishment given to Mohd.Afzal but also
to facilitate a Parliamentary inquiry into the
entire episode.
With regards
Ali Javed, Reader, Delhi University
Tripta Wahi, Reader, Delhi University
Convenors
Enclosures:
Copy of December 13: Terror over Democracy
Copy of appeal to the Members of Parliament with supporting documents
Copy of earlier petition to the President on the
functioning of the Special Cell, Delhi Police
Copy of booklet containing letters from Mohammad Afzal
Copy of article "Should Mohammad Afzal Die?", EPW, 17 September, 2005
Copy of article "Last Chance to Know What Really
Happened", EPW, 7 October, 2005
o o o
Alternative India Index
22 October 2006
http://membres.lycos.fr/sacw/article.php3?id_article=31
THE SPECTRAL ORDER OF SACRIFICE
What sacrificial victims does the nation-state
relentlessly seek? What is the symbolic register
of sacrifice demanded by a modern nation-state?
What sacrifices are demanded by the regime of
truth, and what truths must be forsaken by the
regime of sacrifice?
by Vinay Lal (Publshed earlier in Outlook Magazine)
India looks all set to hang Mohammed Afzal, who
has been sentenced to death for the terrorist
attack on the Indian Parliament, in the next few
days. The outcome of a clemency petition from his
family which is presently before the Indian
President, APJ Abdul Kalam, is still awaited. As
in the movies, Afzal may get a last minute
reprieve, a commutation of his death sentence to
life imprisonment or a lesser term, a power
conferred on the President by Article 72 of the
Indian Constitution. But time is clearly not on
Afzal's side.
On 13 December 2001, five men sprung from a white
Ambassador car that had entered the premises of
the Indian Parliament complex and exchanged
gunfire with armed guards. Half an hour later,
all five terrorists were dead, as were nearly
twice as many security personnel. The incident
was immediately dubbed India's "9/11", but India,
notwithstanding the ambitions of its élites and
the fantasies of its mandarins and powerbrokers,
who are eager to pounce upon the slightest
suggestion that the country is headed for
greatness, is no superpower. It cannot with
impunity violate the sovereignty of other nations
and launch air attacks at a 'moment of its
choosing'; indeed, it cannot do much of anything,
except lodge diplomatic complaints, or, if it
wishes to be more theatrical, mass tens of
thousands of troops on the border. It cannot, in
one fell swoop, bomb Pakistan into abject
submission. One immediately knew, once the
terrorists had been killed and the license to
unearth a conspiracy against the nation had been
obtained, that more sacrificial lambs would have
to be found.
Mohammed Afzal Guru was long ago, to put it
plainly, a man in the waiting room leading to the
execution chamber. Afzal is a Kashmiri, and his
home town of Baramulla has been sharply hit by
militancy; by his own admission, he once belonged
to the militant organization JKLF, before
surrendering to state authorities and endeavoring
to create a new life for himself and his family.
For all one knows, Mohammed Afzal may be guilty
of the crime, for which he has now been condemned
to death, of aiding the suicide attack on the
Indian Parliament. Many who are not necessarily
disposed towards Afzal have nonetheless pleaded
for his life, some among them primarily because,
as they rightfully claim, the legal case against
Afzal is not even remotely close to being
ironclad. Though the Indian Evidence Act is among
the most stringent in the world, a forced
confession was unlawfully used in evidence
against Afzal. The police officers who extracted
the confession from Afzal have since been charged
with corruption, and Afzal was not accorded the
opportunity of legal representation. However,
Afzal's conviction has been upheld by the Indian
Supreme Court, and it is unlikely that President
Kalam will be moved by these considerations.
The opposition to the Supreme Court's decision of
those who take a principled ethical stand against
capital punishment is understandable, but the
remaining arguments made on Afzal's behalf are
largely derived from reasons of pragmatism and
prudence. The state prosecutors admitted, and the
Supreme Court agrees, that Afzal is not among the
'masterminds' of the attack. Maulana Masood
Azhar, the leader of the Jaish-e-Mohammed, which
is believed to be the terrorist organization most
likely to have orchestrated the attack, remains
free in Pakistan. It is contended that the
punishment is vastly disproportionate to the
crime of which Afzal has been convicted,
considering that he did not even participate in
the attack. The arguments from realpolitik which
oppose Afzal's death sentence stress that his
execution would erode the Indian government's
already extraordinarily strained credibility in
Kashmir, and give a boost to those very
terrorists and secessionists to whom the Indian
state would like to teach a lesson or two.
The Srinagar Valley has been rocked by
demonstrators opposed to the imminent execution,
and the United Jihad Council has warned of 'dire
consequences' if it is allowed to take place. On
the realpolitik view, nothing is gained by
turning Afzal into a martyr: far from serving as
a deterrent, his execution is likely to be turned
into a recruiting tool for terrorist and
secessionist groups in Kashmir, as well as for
jihadi organizations in Pakistan. Some Muslim
organizations are likely to trumpet the case as
the most visible instantiation of the inability
of a Muslim to get due process of law in a
non-Muslim state.
The advocates of the death sentence have summoned
the usual arguments that prevail whenever
'terrorism' is at issue. They argue that India
should not, in a word, be a 'soft' state, and it
should unequivocally convey to militant
organizations, and to their patron Pakistan, its
resolute determination to bring to justice the
perpetrators of terrorist atrocities. Since the
victims of terrorist attacks are, whether in
India, the United States, or elsewhere,
invariably turned into martyrs, the families of
victims are brought on stage, so to speak, to
offer the view that appeasement of terrorists
would be a betrayal of the ideals for which the
victims gave up their lives. The Indian Supreme
Court, while upholding the death sentence,
furnished an argument bearing some family
resemblance, though couched in a different and
more anthropological idiom. Describing the
present case as having 'no parallel in the
history of the Indian Republic', the court noted
that the attack had shaken up the entire country
and was intended to paralyze the government and
disrupt 'the normal life of the people of India.'
The Court was thus duty-bound to furnish balm to
their wounds: in the words of the judgment, 'the
collective conscience of the society will only be
satisfied if the capital punishment is awarded to
the offender.' Though the Court set aside Afzal's
conviction under POTA, and found that no evidence
had been offered to prove that Afzal was a member
of any terrorist gang or organization, it
nonetheless found him guilty of having partaken
in a criminal conspiracy to shake the very
foundations of the country by assisting in the
attack on India's supreme 'sovereign democratic
institution'.
As the Supreme Court's judgment amply suggests,
the Parliament Attack case cannot be
disassociated from the symbolic politics in which
it is deeply embedded. The attackers exposed the
vulnerability of a 'sovereign democratic
institution' of the Republic, and, in a lighter
vein, they did so by arriving at the Parliament's
gates in a white Ambassador car, itself one of
the supreme icons of a capacious, cumbersome, and
dinosaur-like officialdom. Nandita Haksar, a
prominent civil rights campaigner and Supreme
Court lawyer who has made an eloquent plea on
behalf of the Society for the Protection of
Detainees' and Prisoners' Rights (SPDPR) to spare
Afzal's life, has with some justification
suggested that a wider symbolic politics renders
a more sympathetic hearing of Afzal's case
improbable. The 'Hindu fascist forces' braying
for Afzal's blood, Haksar argues, are 'victims of
the ideology of the Islamophobia spawned by the
US war against terrorism.' She further submits
that the American jury which convicted Zacarias
Moussaoui of involvement in the terrorist attacks
of 11 September 2001 showed more compassion than
Indian courts, and taking into account his
'unstable childhood and dysfunctional family'
background, besides his 'hostile relationship
with his mother', spared Moussaoui his life and
only committed him to life imprisonment.
That Haksar is grossly mistaken about the
supposed compassion displayed by an American jury
towards an alleged hardcore terrorist is a point
by which we need not be detained, though one
cannot but question the assumption that the US of
A, where Mohammed Afzal would in the present
climate of opinion have been a sitting duck,
still sets the standards of justice for the world
to emulate. The present case, the Supreme Court
judgment states, presents 'a spectacle of rarest
of rare cases', and that is more than warrant
enough for summoning, from the recesses of the
past, another of the 'rarest of rare cases' from
which perhaps more insight is gained than from
the conviction of Zacarias Moussaoui. In February
1949, Nathuram Godse and several others were
found guilty of a criminal conspiracy that had
led to the assassination of Mahatma Gandhi.
Though Nathuram Godse took sole responsibility
for the murder, Judge Atma Charan sentenced him
and fellow conspirator Narayan Apte to death, and
the assassin's brother, Gopal, and several others
to varying terms of imprisonment.
Ramdas Gandhi, the Mahatma's third son, was among
those who pleaded with Nehru that the lives of
Nathuram and Apte should be spared. Gandhi, it
was pointed out, was a staunch and inflexible
opponent of the death penalty. Nehru remained
unmoved: as he was to write to Ramdas, no lesser
a person than the 'Father of the Nation' had been
assassinated, and much as he was inclined to
accept and honour the teachings of Bapu, his very
own mentor, the ends of justice would be better
served by the deaths of Nathuram and Apte. In
this, the 'rarest of rare cases', the secular
Nehru had to serve an unspecified will that could
not be defied. Nehru, we can be certain, would
have approved of the words that the Supreme Court
chose to use in upholding Afzal's death sentence:
"The appellant, who is a surrendered militant and
who was bent upon repeating the acts of treason
against the nation, is a menace to the society
and his life should become extinct.'
Interesting as are the legal issues surrounding
Afzal's conviction, and compelling as are the
questions of culpability and responsibility, it
is clear that Afzal's case now belongs to another
spectral order. We must thus be asking very
different questions: What sacrificial victims
does the nation-state relentlessly seek? What is
the symbolic register of sacrifice demanded by a
modern nation-state? What sacrifices are demanded
by the regime of truth, and what truths must be
forsaken by the regime of sacrifice? These
questions do not admit of easy answers, but
perhaps they may guide us to better reflection
and action.
Dr Vinay Lal is Associate Professor of History
and Asian American Studies, UCLA.
_____
[5] GROWING COMMUNAL DANGER IN KARNATAKA
(i)
Communalism Watch
October 21, 2006
MAYHEM IN MANGALORE
by Yoginder Sikand
Early this month, a series of violent incidents
rocked Mangalore and several nearby towns and
villages in coastal Karnataka. Two people were
killed, dozens injured and property worth several
lakhs was destroyed. Although a semblance of
peace has now been restored, tension remains, as
I discovered after a recent trip to the area
along with some social activists from Bangalore.
For some years now, Hindutva forces have been
very active in the Dakshina Kannada district,
where Mangalore is located. The MP from the area
and most of the local MLAs are from the BJP. The
road leading to Mangalore is strewn with saffron
banners and flags, indicating the presence of
numerous Hindutva outfits. Economic factors, such
as competition between Muslim and Hindu traders
and contradictions between some sections of the
fishermen community and Muslim traders have been
used by Hindutva forces to whip up anti-Muslim
sentiments and consolidate their presence.
Consequently, relations between Hindus and
Muslims have been badly affected, an outcome of
which were what many locals believe were the
pre-planned riots of early October, in which BJP
and Bajrang Dal leaders, including some occupying
top positions in the present Karnataka
government, are said to have played a leading
role.
[. . .].
http://communalism.blogspot.com/2006/10/mayhem-in-mangalore.html
o o o
(ii)
Communalism Watch
October 22, 2006
http://communalism.blogspot.com/2006/10/mangalore-riots.html
MANGALORE 'RIOTS'
by Nalini Taneja (People's Democracy - October 22, 2006)
Communalism in Karnataka has been projected in
the media as isolated acts of violence around
specific issues, rather than in terms of the
larger picture. The campaign by the Sangh Parivar
to turn Bababudangiri into a site exclusively for
Hindus has got some coverage, but that is about
all. In recent days there have been reports on
the communal tension in Mangalore, which has left
two Muslims dead, and several seriously injured.
It has been noted that "both communities" have
been active in creating communal tension and then
the recent violent incidents. Again (as in the
case of the Israeli attack on Lebanon), a recent
date is arbitrarily decided to take note of when
the recent violence 'began'. Obviously then what
happened in Mangalore from October 4-7, 2006
appears like a "riot" caused by communal frenzy
on the part of two warring communities,
occasioned by the event of transportation of some
cows for slaughter.
The suspected cow slaughter led to a call for
bandh, which turned violent as Bajrang Dal
activists roamed the town, terrorising people,
forcing the closure of all shops and attacking
Muslim establishments. Muslim youth retaliated
the next day, also attacking shops and business
establishments. The day after, an ambulance was
intercepted, and its occupants were stabbed, one
of whom died on the way to hospital. Both sides
blamed the fundamentalists of the other religious
group. Looked at in the context of just those
four days, the incidents appear to be a 'riot'
indeed.
In actual fact, Mangalore has been on a slow boil
for sometime now, and violence could have erupted
here at any point of time, as some discerning
reports show. For that matter they could have
erupted similarly in any other town.
Before the recent round of rioting between
October 4 and 7, there have been hundreds of
minor provocative actions in the district, caused
in the main by distinct campaigns undertaken by
the Sangh Parivar in various parts of the state
following the demolition of Babri masjid.
Mangalore played a key role in the BJP's
emergence as the single largest party in the 2004
polls and its current presence in a ruling
coalition with the Janata Dal Secular. The 2004
elections saw the BJP make a virtual sweep of the
11 legislative assembly seats from the district.
(Johnson TA, The Indian Express, October 17).
The appeal issued by the Karnataka Komu Souharda
Vedike (Karnataka Forum for Communal Harmony), a
coalition of 200 organisations working to stem
the tide of communalism in Karnataka also clearly
states: "Ananth Kumar, the BJP MP from Karnataka,
had declared in 2002 that the Bababudangiri was
the Ayodhya of the South. Against the backdrop of
the Gujarat riots in 2002, the implicit reference
was to transform Karnataka into Gujarat. That
today has received a boost in Mangalore and
Dakshin Kannada district and is beginning to turn
into a horrendous reality. Clear targeting of the
Muslim community through physical attacks,
looting of their shops, stoning mosques,
restaurants and businesses owned by Muslims was
in evidence throughout. Though curfew was
imposed, the police refused to intervene in
several instances, and when they did, Muslims
were specifically arrested.
The home minister of the state, M P Prakash,
brushed aside the incidents by saying that
communal voices exist within the police forces as
well and there was little that the government
could do about it. What adds to the alarm is that
the recent spate of violence follows years of
communal tension created by the Sangh Parivar in
the entire coastal belt. Under the excuse of
upholding the ban on cow slaughter, the Sangh
Parivar have repeatedly taken the law into their
hands over the years. They have attacked Muslims,
stripped them, paraded them naked, beaten them
up, harassed women and looted their shops - all
in the name of religion. Despite this history of
communal tension that existed in the district,
the police and the state government have not
taken any serious action. Though cases have been
filed in police stations, hardly have any
resulted in the convictions of the accused
persons further endorsing the communal nature of
the police."
The appeal has been quoted in such detail to
underline what has become the pattern and the
norm.
The Sangh Parivar has been with impunity imposing
this pattern and norm, which has today
contributed to the creation of a well organised
network and structure for the production of
communal violence that can start its work and put
a pause to it as and when it likes.
In the light of this complicity and this pattern
one needs to term these violent incidents in
words that describe their actual reality.
Citizens' reports of various communal killings
through recent years, as well as the painstaking
research of social scientists like Paul Brass,
have shown these to be well organised affairs by
the Sangh Parivar, preceded by hate campaigns
against Muslims or Christians, as the case may
be, and acts of continuous small provocations and
skirmishes which prepare the ground for the
larger productions of violence. This has been the
case with Mangalore as well.
Bajrang Dal and Hindu Sena have been running a
parallel police system of their own, ostensibly
to punish cow slaughter or conversions, and their
forms of punishment include killings and
stabbings, parading the so called offenders naked
in public, forcing social boycotts and closure of
business establishments at will-in fact seizing
on any pretext available. In one instance they
conjured up and promoted the rumour that Muslims
had been injecting Hindus with infected needles
at a village fair in order to cause an epidemic
of AIDS among Hindus. There is a penetration of
Hindutva propaganda into rural areas of the
districts in Karnataka.
The State has to be recognised as complicit in
this, as its institutional structures, the
administration, the police, and local leaderships
of the BJP, and sometimes the Congress, act in
unison rather than contrary to the will of the
rioters. The record of the Indian State in
booking and punishing the guilty must also be
recognised as complicity of the successive
governments in emboldening the Hindutva forces.
If we asked the question in 2002 as to what was L
K Advani doing as home minister and Atal Behari
Vajpayee as prime minister when Gujarat happened,
should we not ask the same today of the UPA
government?
o o o
(iii)
Communalism Watch
October 22, 2006
THE DIALECTICS OF COMMUNAL CONFLICT IN COASTAL KARNATAKA
by V.Lakshminarayana
Of late, Karnataka has been in the thick of the news
for high level corruption, language chauvinism,
spreading canards about Tippu Sultan and raking up
religious and communal controversies on place of
worship, all by none other than those in power. As
expected the communal fangs of the opportunist JDS-BJP
coalition government at Karnataka are getting
unfolded. [. . .].
http://communalism.blogspot.com/2006/10/dialectics-of-communal-conflict-in.html
_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/
Buzz on the perils of fundamentalist politics, on
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