SACW | Feb. 6-7, 2008 / Girls barred from sports in NWFP / Everyday Life of Hindu Nationalism

Harsh Kapoor aiindex at gmail.com
Wed Feb 6 20:11:36 CST 2008


South Asia Citizens Wire | February 6-7, 2008 | 
Dispatch No. 2498 - Year 10 running

[1] Pakistan:
    (i) Girls barred from sports in NWFP (Sadia Qasim Shah)
    (ii) Dictatorship -- 1, decency -- 0 (Omar R. Quraishi)
   (iii) The curious case of Pak's caretaker (I.A. Rehman)
   (iv) No solution in sight: transitionist vs 
tranformationist debate in the post-Benazir 
Pakistan (Arif Azad)
[2]  Sri Lanka: The APRC Process - From Hope To Despair (Rohan Edrisinha)
[3] India - Bombay's 1993 riots: Whither Justice 
- Trajectory of Srikrishna Report (Ram Puniyani)
   + Shiv Sainiks acquitted / Maharashtra goes soft on Thackeray (news reports)
[4] India: From Shiv Sena to Maharashtra 
Navnirman Sena - Bombay's old and new right wing 
call the shots - 'natives vs 'outsiders' game : 
Reports and commentary
    - Two autorickshaws torched in suburban Mumbai
    - 'We left our homes to serve Mumbai's commutersŠare we outsiders?'
    - Raj eyes Sena sons-of-soil slice
    - Vicious parochialism (Editorial, The Hindu)
    -  Headed The Wrong Way (Dipankar Gupta)
    - Bombay lecturer beaten over Shivaji poem
[5] Book Review: Crimson Concentrate - Naxalism 
recruits victims of progress. This is a warning 
(Dilip Simeon)
[6] Announcements
   (i) The Judicial Solidarity Rally (Lahore, February 9, 2008)
   (ii) Lecture: Generics v Brands: National Drugs 
Policy and Good Health for All (Colombo, 14 
February 2008)
   (iii) Call for submissions: Justfemme - women's 
film festival 8th of March 2008
   (iv) Publication: The Everyday Life of Hindu Nationalism by Shubh Mathur
______


(i)

Dawn
6 February 2008

GIRLS BARRED FROM SPORTS IN NWFP

by Sadia Qasim Shah

Creeping Talibanisation following the five-year 
rule of an orthodox government have barred nearly 
all doors on women's sports in the Frontier 
province. Girls who have talent and inclination 
towards games and whose parents also have no 
objection are frustrated as segregation is almost 
total and there are no exclusive facilities for 
women to pursue any outdoor activity.

Faiza, a talented athlete, came to Qayyum Stadium 
for practice after her teachers convinced her 
parents to allow her to participate in sports. 
However the sight of some male players and a few 
spectators offended her parents who had come to 
drop her there. They left the stadium in anger 
along with their daughter.

This is not just one example when a female player 
has been discouraged to play in a mixed 
environment. In the conservative culture of 
North-West Frontier Province where it is becoming 
even harder in some districts for girls to go out 
for education, it takes a lot of courage and 
parents' support for a girl to go out and 
participate in sports.

"We have a hard time convincing parents to allow 
their daughters to play but conservative parents 
don't like their daughters to play in a stadium 
or in an open environment," says sports coach 
Najma Naz.

The MMA-led government had encouraged 
segregation, by setting up a separate women's 
sports directorate in 2004 to motivate girls to 
take part in sports in an exclusive environment. 
But nothing materialised as Talibanisation grew 
by the day putting the security of sports girls 
at risk. A team of girls coming from Kohat for a 
sports event in Peshawar were stopped by 
militants at a checkpoint at Darra Adamkhel and 
asked the purpose of their travel. "We told them 
we were going to attend a wedding in Peshawar," 
recounted one of the team from Kohat.

"We have to keep a low profile for the sake of 
security of our sportswomen," said a sports 
department official who demanded separate sports 
facilities in one complex if we wanted the 
development of sports among women.

Under the present arrangement there is a fixed 
hour for girls to practice in the stadium, which 
is just not enough, says coach Najma Naz.

The women's sports directorate is not in a 
position to hold any national or inter-provincial 
sports event as it does not have any stadium, 
play-ground or courts for girls. During the 
inter- regional tournament, the directorate had 
to request the University of Peshawar for its 
grounds for the athletics, volleyball and cricket 
matches. The players were also accommodated in 
the university's hostel. "For the cricket 
tournament we had to request the Lady Griffith 
Girls School for its playground. It was small and 
not suitable for a match but we had no option," 
admitted a sports directorate official.

An ADP (2007-2008) scheme costing Rs100 million 
proposed setting up of a Women Sports Complex at 
Peshawar where girls could practice in a 
women-friendly environment. Only Rs5 million were 
approved for the scheme but it could not 
materialise as no state land was available for 
the complex. However the scheme has since been 
revised to include the cost of land and awaits 
approval.

Meanwhile the project to set up a women's sports 
complex is being held up for unknown reasons. The 
provincial sports, culture, archaeology and 
tourism department despite having stadiums and 
two sports complexes is unconcerned. The 
Hayatabad Sports Complex has been lying unused 
for the last one decade. It could be allowed to 
be used as an exclusive playground for women. But 
this possibility too is not being considered.

o o o

(ii)

The News, February 3, 2008

DICTATORSHIP -- 1, DECENCY -- 0

by Omar R. Quraishi

It's time we stand up for our own.

Rauf Klasra did a good job of highlighting a 
story this past week in the Daily Telegraph whose 
diplomatic editor wrote a good piece on a 
particularly distasteful incident that took place 
in London during the recent visit of President 
Pervez Musharraf. During a question and answer 
session with journalists, the president was asked 
by M. Ziauddin, Dawn's London correspondent and a 
former resident editor of the paper for its 
Islamabad edition, that who was responsible for 
the escape of Rashid Rauf.

This was a perfectly plausible question given the 
fact the gravity of allegations levelled against 
Mr Rauf. Arrested in Bahawalpur in August 2006, 
he has been accused by then interior minister 
Aftab Ahmed Khan Sherpao of being the ringleader 
of a plot by al-Qaeda to bomb several aircrafts 
while they were flying across the Atlantic.

According to the reports of the plot, several 
people were arrested in Britain and this led 
American and British airlines to impose stringent 
guidelines on the inclusion of liquids in 
carry-on hand luggage brought on aircraft by 
passengers.

Rashid Rauf is said to be a relative of Maulana 
Masood Azhar, the founder of the 
Jaish-e-Mohammad, who was released by India after 
one of its aircraft was hijacked in 1999 and 
flown to Kabul. Given his alleged role, it was 
particularly shocking for many people to find 
that while being taken from jail to a court 
hearing, he was being escorted only by two 
policemen. From the many reports on his alleged 
escape, the police guards allowed him to stop on 
the way and go inside a mosque to pray from where 
he allegedly fled. It also was reported in some 
newspapers that this wasn't the first time that 
such a security lapse had happened and that in 
the past as well policemen accompanying Mr Rauf 
had allowed him to be driven in his uncle's car.

It is also known that he was wanted by the 
British authorities for his alleged role in the 
plot to bomb aircrafts leaving London en route 
for American cities and in fact, America wanted 
him extradited as well, given that the plot 
resembled in some ways -- at least as far as the 
use of aircrafts were concerned -- the attacks of 
9/11.

Given all this background and context, questions 
would have to be inevitably asked if Rashid Rauf 
escaped from police custody. The obvious ones 
would have to deal with the fact that security 
was clearly inadequate. How could an individual 
wanted by a close ally of the Pakistani 
government have been guarded by two policemen? 
Did they not realise the importance of keeping 
him in custody and if so why did they allow him 
to go inside a mosque unaccompanied? Are there 
some people in the police forces who are 
sympathetic to the cause of the extremists?

Some other questions following from this will be 
even more controversial and not to the liking of 
the government but they need to be raised. For 
instance, given the link in the past between the 
government's intelligence agencies and Maulana 
Azhar's Jaish-e-Mohammad (the militant group was 
operating in Indian-administered Jammu and 
Kashmir), and the Maulana's relations with Rashid 
Rauf, is it possible that the government may 
itself be involved in his so-called 'escape.' The 
latter question is not all that outlandish given 
the past involvement of our intelligence agencies 
with such elements and the fact that it borders 
on the unbelievable that someone like Mr Rauf 
would be so poorly guarded.

So the question was asked in this context -- and 
what answer did the journalist receive from the 
president? He bristled, got visibly upset and 
instead questioned the journalist's integrity and 
patriotism saying that he had not been asked such 
questions till now and that by doing so the 
journalist was trying to undermine the country.

That this was coming from someone who himself had 
at least on two occasions suspended the 
constitution and who had single-handedly dealt 
the superior judiciary a death blow, all that one 
could say in response would be utter disbelief 
and perhaps a bit of revulsion. As it turns out 
the president is also reported to have told 
supporters in London that perhaps the journalist 
in question should be taught a 'lesson' or two.

To say that this is all in very poor taste and 
most unbecoming of a country's head of state is 
an understatement. It also showed that those in 
position of high authority in the country do not 
seem to be very tolerant of listening to views 
that challenge them or the government line on a 
particular issue. This has been amply shown in 
the way the electronic media has been muzzled -- 
with the information ministry all along, in a 
brazen display of being economical with the 
truth, insisting that there are no restrictions 
on the electronic media in the country -- if that 
be the case, then pray tell us why some of the 
leading TV channels have been forced to take some 
of their most popular journalists off air? The 
very journalists who would host lively and 
entertaining talk shows and panel discussions on 
issues of topical interest but often with the 
government coming in for a bit of stick -- though 
much of it is deserved.

This kind of mindset against the media -- a 
different face, if you will (the other being the 
pleasant benevolent face reserved mostly for the 
foreign media) -- explains several of the 
restrictions imposed on TV channels, particularly 
forcing them to sign an insidious and one-sided 
'code of conduct' and imposing wholly 
unreasonable restrictions that prohibit TV 
channels from having hosts and anchors who are 
'biased'. The fact that strong opinions are 
perhaps a key essential ingredient in the 
success/popularity of a TV anchor/host is 
obviously lost on those who came up with this 
absurd and draconian proposal in the first place 
except perhaps for them, the best TV channel in 
the whole wide world is PTV and their aim in life 
is to transform all independent TV channels into 
PTV clones.

The British journalist who wrote about this whole 
incident in the Daily Telegraph also could not 
miss noticing that the president had one 
demeanour and way of talking with the foreign 
media and an entirely opposite one for the 
Pakistani media, which as the exchange with 
Ziauddin showed was often lectured to and treated 
with contempt and derision. One point for 
dictatorship, zero for democracy and decency.

The writer is Op-ed Pages Editor of The News.


o o o

(iii)

Asian Age
February 05, 2008

THE CURIOUS CASE OF PAK'S CARETAKER

by I.A. Rehman

Karachi: The case of the caretaker outfit in 
Pakistan is getting curiouser and curiouser. It 
has become impossible to fit it within the 
definition of a caretaker regime. At times, it 
cannot be distinguished from the set-up it is 
supposed to have supplanted. At other times, it 
assumes the role of a full-tenure government, and 
exercises powers not allowed even to 
democratically constituted authorities.

The impression that the caretaker regime is a 
continuation of the government it succeeded has 
its origin in President Musharraf's apparent 
decision to run the government under his direct 
command. All major acts of government are traced 
to him. It is under his chairmanship that the 
Cabinet decides to pass on the burden of the POL 
subsidy to consumers. It is he who decides a TV 
channel's fate, the probe into Benazir Bhutto's 
murder, and the holding of elections. While 
justifying the judiciary's purge of November 
last, he recently declared that if the need arose 
he would repeat his performance.

This and his frequently reiterated position that 
the next government will not be allowed to change 
his policies can only mean that whatever the 
result of the forthcoming election, he will be 
the locus of state authority. True, President 
Musharraf has been saying that he will be able to 
work with anyone who becomes the head of 
government after the polls, but such statements 
do not mean that he is a neutral referee and does 
not have favourites in the arena.

On the one hand, the President's protestation may 
only mean that the next Prime Minister will as 
usual have to lean on him and thus his identity 
does not matter. And, on the other hand, the 
public is familiar with his favourites. He is on 
record as having told PML-Q legislators that the 
next Prime Minister would be from their party. 
Working under such an active head of state, the 
caretaker regime can hardly claim to be as 
independent and neutral as a transitory set-up is 
expected to be for guaranteeing fair elections.

No elaborate argument is needed to show that a 
caretaker regime has a limited role. Since it 
constitutes a political aberration it is 
suggested only for unstable and immature 
democracies, and that too for a limited period.

The argument in favour of holding general 
elections under caretaker regimes grew out of the 
peculiar tradition of sacking the National 
Assembly before the expiry of its term. Since the 
objective of this action was nearly always to get 
rid of an "undesirable" Prime Minister, the 
holding of a general election under him would 
have been a self-defeating measure. General Zia 
settled the matter by revising Article 48 of the 
Constitution and providing for a caretaker 
government every time the National Assembly was 
dissolved by the President. Hence, caretaker 
regimes had to be installed in 1988, 1990, 1993 
and 1996. This was projected as a basic 
pre-requisite to fair elections.

For reasons that are quite well-known, caretakers 
were never found capable of guaranteeing clean 
polls. Memories of rigging in all elections held 
since 1951, and frustrations caused by the 
conduct of partisan caretakers led to increased 
emphasis on the caretakers being neutral 
overseers in a transitory regime.

The demand for neutral overseers of the electoral 
process received a boost when Bangladesh changed 
its Constitution to provide for an interim set-up 
for each election. Quite a few in Pakistan were 
quick to hail the Bangladeshis for showing them a 
way to solve a Constitutional riddle. Some kind 
of consensus emerged to the effect that a general 
election should be under a caretaker set-up even 
when a National Assembly passed away on the 
completion of its term. Whether President 
Musharraf was influenced by this debate or 
whether he had some ideas of his own, he amended 
Article 224 of the Constitution in the Legal 
Framework Order of 2002 (later on sanctified by 
the Seventeenth Amendment) to the effect that 
when Assemblies were dissolved on completion of 
their term caretaker Cabinets had to be appointed.

The record of Pakistani caretakers chosen by the 
President in his discretion has not been 
edifying. The Bangladeshi design to confine the 
chief caretaker's selection to the judiciary has 
not worked either. As a result, caretakers no 
longer inspire confidence as agents of fair 
elections.

However, a matter of greater concern than the 
caretakers' being a continuation of the outgoing 
Cabinet is their adventures into areas that are 
outside their mandate and jurisdiction. The 
caretakers are not qualified to make laws or 
long-term policies as that is the privilege of 
the duly accredited representatives of the people 
who are also answerable to a Parliament. The 
caretakers have neither a mandate from the 
electorate nor are they accountable to it.

The reason for stating this is the evidence that 
the present caretaker Cabinet is dabbling in 
legislation it has no business to undertake. 
Three cases prove the point.

The caretaker regime is responsible for the move 
to establish a high court in Islamabad, a most 
controversial project.

The second case is the Prevention of Electronic 
Crimes Ordinance, which has been denounced as a 
cruel attack on the freedom of information.

The third case relates to the NWFP caretaker 
regime's draft regulation to extend the system of 
qazi courts, tried unsuccessfully in the Malakand 
Agency, to a large part of the province, formerly 
described as Provincially-Administered Tribal 
Areas (Pata).

In the name of enforcing Sharia, a large part of 
the country is being surrendered to the Taliban 
and this is bound to whet the latter's appetite 
for more of such servings. The measure will 
severely undermine Pakistan's polity and its 
future.

The caretakers must desist from transgressing 
what must be a restricted mandate. They do not 
appear to be caretakers anymore, and the 
impression needs to be removed.

By arrangement with Dawn


o o o

(iv)

NO SOLUTION IN SIGHT

The state of transitionist vs tranformationist 
debate in the post-Benazir Pakistan

by Arif Azad

Pakistan's never-ending oscillation between 
military dictatorships and hamstrung democratic 
governments has been a subject of great 
fascination and heart-burning in equal measures. 
In the rest of the world, there is a clear line 
dividing dictatorships and democracy. Military 
dictators are taken to task for their 
constitutional and human rights deviations when 
they exit from power, either under domestic or 
external pressures. General Augusto Pinochet, the 
formidable dictator of Chile, is a leading 
example in this regard. Alongside political 
movements seeking the exit of dictatorships, 
there has surfaced a large body of literature 
that analyses and charts the ill-effects of 
military rules.

Writers like Augusto Roa Bastos, Alijendro 
Carpentier, Mario Vargo and Gabriel Garcia 
Marquees have written a number of novels that 
have come to be known as 'dictatorship novels' -- 
a new genre in countries blighted by the curse of 
dictatorships. In all these works, a clear 
repulsion is voiced against military 
dictatorships, banana republics and the 
larger-than-life-cults of leaders. As a result of 
such robust resistance from civil society and 
intellectuals, many of Latin and South American 
countries have emerged out of the long years of 
dictatorships and are back on the path of 
democracy. Unfortunately, this does not seem to 
be happening in Pakistan. Debates in the country 
on the issue of civil and military relations are 
being muddied with each passing day, leaving more 
heat and fury than illumination.

One illustration of this trend is manifest in the 
debate that recently bubbled in some newspapers 
and magazines between transitionists and 
transformationists. The former contend that 
political parties need to engage with the army in 
a collaborative relation to prepare the ground 
for transition to democracy. The latter, on the 
other hand, believe that the army itself is the 
biggest obstacle in preparing the ground for 
transition to democracy. They, therefore, argue 
that unless the political parties adopt a 
confrontational stance against the army, the 
chances of a genuine democratic process in 
Pakistan are doomed.

It is also important to note that the debate 
between the transitionists and the 
transformationists was framed just ahead of the 
forthcoming general elections. Prior to the 
elections, there was a slow build up of Western 
pressure on President General (r) Pervez 
Musharraf to accommodate more inclusive, liberal 
and moderate elements in the next government. 
This line of thinking was also advocated 
regularly in these newspapers and magazines. In 
most of these narratives, Musharraf was portrayed 
as the liberal reformer who had somehow 
sleepwalked into the embrace of the Muttahida 
Majlis-e-Amal (MMA).

For Pakistan to remain under his 'soft 
dictatorship', it was proposed repeatedly, 
Musharraf should seek out his allies among the 
Pakistan People's Party (PPP) and the Pakistan 
Muslim League-Nawaz (PML-N). Strangely, nowhere 
in these editorials and op-ed pieces was the 
criticism of the military fast entrenching itself 
into every nook and cranny of the national life 
mounted as a matter of democratic conviction. 
With the passage of time, this became the 
accepted wisdom in the policy and political 
circles. To the surprise of many, the late 
Benazir Bhutto fell for this line and began 
feeling out the military-led government to find 
terms of compromise. A widely unpopular deal with 
Musharraf was struck, leading to her return on 
October 18, 2007.

For a time, it looked things were going the 
transitionist way; the PPP, the country's most 
popular political party had accepted the realist 
position and come to an understanding with the 
military ruler, as desired by the transitionists. 
From then on, every political move began to be 
read under the over-arching theme of 
transitionist / transformantionist binary. The 
biggest problem with the transitionist argument 
was that it was conceding too much to Musharraf 
in terms of his inherent willingness to restore 
democracy and share power with the civilian 
government.

The optimism of the transitionists ran against 
the tenor of Pakistani politics, where the 
military rulers have always looked down upon the 
politicians and refused even to make a gestural 
nod in the direction of transferring power. More 
worryingly, the transitionists seemed to lay the 
entire onus of the transition business on the 
politicians, who were required to carry the 
burden of bringing democracy to Pakistan, without 
corresponding obligations on the military to 
begin to cede power to the elected government.

These problems in the transitionist argument were 
fatally exposed when Musharraf declared emergency 
on November 3, 2007. At a stroke, the steps 
envisaged in the transitionist camp were 
reversed. Another hole in the armoury of the 
transitionist camp was bored when Benazir was 
assassinated on December 27, 2007. As the 
widespread suspicion of eliminating the most 
progressive and moderate politician of the 
country fell on the establishment, the notion of 
the establishment sharing power with the moderate 
progressive elements also suffered an irreparable 
blow. A few weeks later, Musharraf further 
muddied the transition debate by asserting that 
Benazir was unacceptable to the military.

Where do all these developments leave the 
transitionist camp? There is not much steam left 
in their argument as a result of various actions 
taken by Musharraf since November 3, 2007. The 
house of cards, upon which transitionist camp had 
built its case, has collapsed; and the 
transformationist camp seems to have won at least 
for the time being, as evidenced in the falling 
popularity of Muhsharraf. In the long term, only 
a democratic government can provide solutions to 
the multi-layered problems being faced by the 
nation today.

With every new military regime, a whole set of 
new problems are created to prolong the 
dictatorial rule, but the long term damage done 
to the country's capacity to absorb these shocks 
further undermines its flawed progress to 
democracy. In today's Pakistan, social and 
political contradictions have reached such an 
unprecedented level that the time-frame and the 
unexpected outbreak of assumed regard for 
democracy in the establishment may be a case of 
too little, too late. South American and Latin 
American countries have already shown the way as 
to how to divorce military from politics.

In this regard, Chief of the Army Staff (COAS) 
General Ashfaq Pervez Kayani's recent 
announcement to recall all armed forces' 
personnel working in civilian departments is a 
step in the right direction. This is hardly an 
endorsement for the transitionist position, 
though. Unless there is a genuine desire in the 
top brass of the army to hand over power when a 
new civilian government is formed after the 
elections, Pakistan's journey towards stability 
will remain as elusive as it has been so far.

______


[2]

groundviews.org/
February 3, 2008

THE APRC PROCESS: FROM HOPE TO DESPAIR

by Rohan Edrisinha
(University of Colombo / Centre for Policy Alternatives)


"It isn't that they can't see the solution. It is 
that they can't see the problem" G.K Chesterton, 
The Point of a Pin

The damp squib of an incoherent, vague and poorly 
crafted two page document that finally emerged 
from the All Party Representative Committee 
highlights two important and worrying lessons. 
First, it seems that in the area of 
constitutional reform in general, Sri Lanka is 
moving backwards rather than forwards. The two 
page document is clearly Thirteenth Amendment 
MINUS. Second, in the area of governance, it 
appears that the major party in the ruling 
coalition, the Sri Lanka Freedom Party, and some 
of its coalition partners, the LSSP and the 
Communist Party, despite the fact that they 
occupy nearly all the positions in the Cabinet of 
Ministers, have abdicated their powers of 
decision making on vital matters of war and 
peace, to a party outside the Cabinet of 
Ministers, the JVP, and the JHU, which has a 
single Cabinet member.

THE THIRTEENTH AMENDMENT TO THE CONSTITUTION
Let's first be clear about the serious 
limitations in the Thirteenth Amendment itself. 
As Professor G.L Peiris, when he was Cabinet 
Minister under Kumaratunga and Wickremesinghe 
often said, under the Thirteenth Amendment there 
was only a "veneer" of devolution of power 
because "what was given with one hand was taken 
back with the other."(Rajapakse's Minister 
Peiris, not surprisingly, is singing a different 
tune). Under this Amendment there is not a single 
subject or function over which a provincial 
council has complete control and the centre 
possesses several mechanisms by which it can 
regain power to itself. In the twenty years of 
its implementation, the central Parliament has 
used the "National Policy on all Subjects and 
Functions" rubric to undermine devolution of 
power and take power to itself. Central 
Government Ministers have waved their Ministerial 
wands and converted schools and hospitals into 
national schools and hospitals and in a twinkle 
of an eye, such schools are brought under central 
government control. The three lists are drafted 
in such a way that the powers assigned to the 
centre are comprehensive and inclusive, while the 
powers assigned to the provinces are limited. 
Unlike in India there is no state or provincial 
representation at the centre to act as a watchdog 
to prevent Parliament's encroachment into the 
provincial domain nor is there an independent 
public service to limit central executive 
interference in the affairs of the province. 
Devolution of power under the Thirteenth 
Amendment has proved to be fragile and vulnerable 
in a political culture that is centralized and 
hierarchical.

Significant powers such as those with respect to 
law and order and policing have not been 
implemented. The suggestion in the initial stages 
of the farcical process where President Rajapakse 
and his constitutional advisor G.L. Peiris had 
prepared a document which the APRC was expected 
to present to the President as its own, that 
these powers were indeed to be implemented, 
albeit, 20 years too late, made some people, 
particularly in the diplomatic community, 
optimistic. The much pruned or mutilated 2 page 
document does not suggest that these powers will 
be devolved at all.

But this excitement in certain quarters about 
"full implementation" of the 13th Amendment does 
raise a fundamental question. How on earth could 
parts of the 13th Amendment to the Constitution, 
part of the Supreme Law of the country, NOT be 
implemented for over 20 years? What does this say 
about the Supremacy of the constitution and the 
Rule of Law in Sri Lanka? Indeed the fact that 
there was no legal remedy available to the 
ordinary citizen or a person committed to 
devolution of power to demand such implementation 
makes the situation even more reprehensible. 
Constitutions that permit non-implementation of 
its provisions and do not provide for an 
appropriate legal remedy in such situations, are 
flawed constitutions. Constitutions cannot rely 
on political will or the goodwill of the people 
in power for success. Indeed the basis of 
Constitutionalism is suspicion and scepticism 
about those who wield power. This fundamental 
question which underscores the crisis of 
constitutionalism in Sri Lanka must be addressed. 
If there can be constitutions and laws that can 
be flouted by the executive with impunity what 
does this mean for Sri Lanka's obligations under 
GSP +, where the European Union requires not only 
ratification of various international human 
rights documents but also full and effective 
implementation of such human rights commitments?

However, the 2 page document does not even pledge 
full implementation of the 13th Amendment to the 
Constitution. The so-called interim proposals of 
the APRC (which perhaps should be more accurately 
described as the Rajapakse/JHU proposals) 
metamorphosed considerably between 17 January and 
23 January. The final two page version, 
ironically titled APRC Proposals to the 
President, refers to Action to be Taken by the 
President to fully implement RELEVANT PROVISIONS 
of the present Constitution as a prelude to the 
APRC Proposals. Note- relevant, not All, 
maintaining the Sri Lankan tradition of non or 
partially implemented constitutional provisions.

Under steps to permit maximum devolution of 
powers to the provinces, the 2 page document 
merely contains vague and pious assertions such 
as the Government should endeavor to implement 
the 13th Amendment and adequate funds should be 
provided to facilitate the effective functioning 
of Provincial Councils. (See Paras 2.1 and 2.2). 
Paragraph 4.1 is intriguing and worth quoting in 
full-

     "The Government should take immediate steps 
to ensure that Parliament enacts laws to provide 
for the full implementation of Chapter IV of the 
Constitution on language."

Chapter IV though inadequate as it does not 
recognize parity of the Sinhala and Tamil 
languages, is comprehensive and there is no need 
for legislation to facilitate its implementation. 
Rather it requires action against state 
institutions that continue to violate the 
constitutional provisions on language. There are 
also statements stressing the importance of 
providing for interpreters, translators and other 
facilities to promote the implementation of the 
language provisions of the Constitution. The 4 
paragraph document when viewed as a whole is not 
really a set of constitutional proposals at all, 
but rather a memorandum containing a series of 
statements of what should be done to facilitate 
the implementation of certain provisions of the 
Constitution.

DEVOLUTION TO THE NORTH AND EAST
That the two page document is not even a set of 
constitutional proposals is clearly demonstrated 
by how the document deals with one of its most 
important proposals, the creation of an Interim 
Council in the north. Paragraph 3.3 states baldly,

As it is not possible to hold elections in the 
North, the President could make appropriate order 
(sic) to establish an interim council for the 
Northern Province in terms of the Constitution.

Given the present President's proclivity to 
violate the Constitution (e.g. the 17th Amendment 
to the Constitution) perhaps we should feel 
reassured by the last phrase of the paragraph. 
However how such an interim constitution is to be 
established, under what provisions of the 
constitution, should be made clear.

The 13th Amendment to the Constitution does not 
provide expressly for the establishment of an 
interim council. Therefore there is no clear or 
obvious constitutional mechanism by which such an 
interim council can be established. However, 
there do exist some constitutional provisions 
that may be used to achieve such an objective. 
They are Articles 154 L and M of the 
Constitution. What is worrying however is that 
certain groups allied to the government have 
suggested that an interim council be created 
using Article 154 T of the Constitution instead. 
This in my view would be unjustified.

Article 154 T is described as a provision dealing 
with Transitional Measures and reads as follows-

The President may by Order published in the 
Gazette, take such action, or give such 
directions, not inconsistent with the provisions 
of the Constitution, as appears to him to be 
necessary or expedient for the purpose of giving 
effect to this Chapter, or for the administrative 
changes necessary therefor, or for the purpose of 
removing any difficulties.

It is clear from the 13th Amendment read as a 
whole that this provision was introduced to 
enable the President to deal with any practical 
difficulties or administrative challenges that 
might have arisen with the introduction of the 
new provincial council system in 1987. Using such 
a transitional provision to effect a significant 
change to the system more than twenty years after 
it was introduced is highly questionable.

Articles 154 L and M are more appropriate 
provisions for the establishment of an interim 
council and subject to greater checks and 
balances as well. They deal with a situation 
where there has been a failure of administrative 
machinery. In such a situation it provides that 
the President may by Proclamation assume to 
himself the administrative powers of the Province 
and the powers of the Governor. He can also 
declare that the legislative powers of the 
Provincial Council shall be exercised by 
Parliament. Article 154 M provides that 
thereafter Parliament may confer the legislative 
power of the said Provincial council on the 
President and also authorize the President, in 
turn, to delegate such legislative or statute 
making power "to any other authority" specified 
by the President. While at first sight this 
Article is somewhat alarming in that it can 
permit a President with a pliant Parliament to 
grant the legislative power of a provincial 
council to even an NGO or the YMBA, and has often 
been cited as one of the numerous examples of the 
vulnerability of devolved power under the 13th 
Amendment, it is submitted that this is the 
constitutionally permissible manner in which an 
interim council should be established in the 
north.

There remains of course another fundamental 
question. If an interim council is established in 
the north consisting entirely of Presidential 
nominees and subject to the Control of the 
President, does it promote devolution of power or 
Presidentialism? The APRC's amazing claim that 
"conditions in the east are conducive to holding 
elections to the Provincial Council" despite the 
atmosphere of fear, intimidation and lawlessness 
that exists there, and despite the absence of 
constitutionally mandated independent 
institutions such as the Elections Commission and 
independent Police Commissions and Public Service 
Commissions raises similar concerns. If only 
groups in alliance with the government will be 
viable candidates, the elections will hardly be 
free, and the end result again will be the 
extension of the centre in the east.

THE TAIL WAGGING THE DOG?
The political dynamics of the past 18 months 
which have contributed to the 2 page memorandum 
raise many concerns. When President Rajapakse 
addressed the Inaugural Joint Meeting of the APRC 
and the Panel of Experts on 11 July 2006 he urged 
the members to approach their task with a sense 
of urgency. He stated,

"It is imperative that the process moves speedily 
and effectively. After more than two decades of a 
protracted, cruel and violent conflict, the 
country cannot wait any longer to usher in a just 
and sustainable peace for all peoples of Sri 
Lanka.

He added some advice also on the substantive issues involved-

I would urge that your proposals be creative and 
imaginativeŠThe role of the APRC and as well as 
its panel of experts is to fashion creative 
optionsŠ

One and a half years later, the APRC process 
despite the best efforts of its experts and 
chairperson, has produced a set of interim 
proposals that lack creativity. Given that its 
two main sections on "steps necessary to permit 
maximum devolution" and Special Arrangements to 
permit maximum devolution" do not even mention 
the subjects of police powers, land or a 
practical mechanism to ensure that the provinces 
exercise more powers over concurrent list 
subjects, it is clear that the architects of 
these proposals envisage a continuation of the 
status quo at best which given the tradition of 
non-implementation of powers under the 13th 
Amendment ultimately results in a arrangement 
that is 13th Amendment Minus.

Part of the explanation for the retrogressive 
nature of the APRC proposals is the extraordinary 
influence of the JHU and the JVP in the Rajapakse 
administration. The JVP has its cake and eats it 
too. Its members were elected on the UPFA ticket 
and it is clear that the JVP would have not 
gained such a large number of seats but for such 
an alliance. Yet it claims to be part of the 
Opposition in Parliament. The JHU has a single 
member in the Cabinet and a handful of 
parliamentary seats. The SLFP, LSSP, Communist 
Party and MEP are older and more established 
members of the UPFA coalition. Many of their 
leaders, members of the present Cabinet of 
Ministers, have over the years by word and deed, 
indicated that a reasonable political solution, 
whether interim or longer term, must be 13th 
Amendment PLUS PLUS, if not federal in character. 
Many of them were involved in shaping and 
defending the Draft Constitution Bill of 2000 
which went significantly beyond the 13th 
Amendment. Yet it seems that the JHU and JVP, 
with little influence in the Cabinet of 
Ministers, which under our Constitution is 
supposed to be responsible for the direction and 
control of the government of Sri Lanka, have more 
influence and control in the Presidential 
Secretariat, the real locus of political power in 
the country today. Another disturbing trend 
during the past one and a half years is that the 
President seems more inclined to listen to these 
two parties and follow their policies than the 
policies of his own party, the SLFP, which under 
the leadership of all 3 Bandaranaikes, S.W.R.D, 
Sirimavo and Chandrika, adopted relatively 
moderate policies on the ethnic issue. The 
JHU/JVP tail seems to be wagging the UPFA dog and 
one is tempted to ask this government, certainly 
with respect to the APRC proposals, not only 
"where's the beef?" but also "where's the SLFP?"


______


[3]

Issues in Secular Politics
February 2008 I

WHITHER JUSTICE: TRAJECTORY OF SRIKRISHNA REPORT

by Ram Puniyani

The communal violence in India has been a 
festering sore on its body politic. Due to its 
peculiar nature, the crimes are not 
registered-investigated and guilty are usually 
not punished. The state while sloppy in these 
matters has been forced to appoint the inquiry 
commissions in to the violence, mainly due to 
public pressure. Most of the inquiry commissions 
have met with indifference from the 
political-administrative-legal system. The fate 
of Srikrishna Commission is no different. Its 
recommendations have not been honored so far.

Once again, (1st Feb, 2008), the ruling coalition 
is trying to project as if it wants to implement 
the recommendations of Srikrishna Commission 
report. The Maharashtra Home minister, the NCP 
member, R.R. Patil on one hand says that action 
is being taken and on the other he points out 
that it is difficult to find the witnesses as so 
much time has lapsed.  It is alleged that the 
‘soft line' being adopted by NCP man may be due 
to the growing closeness between his party boss 
Sharad Pawar and Shiv Sena chief Bal Thackeray, 
who should be the chief accused in the Mumbai 
violence.  In response the dodgy Chief Minister, 
Deshmukh, worried that Congress will loose the 
Muslim support, has called the meeting of leaders 
from Muslim community to assure them that action 
will be taken on the Srikrishna report. Meanwhile 
the Shiv Sena supremo's heir, Uddhav Thackeray, 
has warned that violence will erupt if cases 
related to 92-93 riots are opened up, and BJP 
leaders on a different track are warning that if 
cases are opened up they will benefit on 
electoral field as they benefited in Gujarat 
after the ‘Maut ka Saudagar' (Merchant of Death) 
phrase was used by Sonia Gandhi in the election 
campaign.
Just to recapitulate, Srikrishna commission was 
appointed to investigate the carnage of 92-93. As 
soon as Shiv Sena BJP govt. came to power (1994), 
it scrapped the commission, which had to be 
revived on the initiative of Prime Minister 
Vajpayee under popular pressure. The commission 
showed how the Hindutva parties, Shiv Sena in 
particular coordinated the whole violence, in 
which around thousand people lost their lives and 
86% of those killed belonged to Muslim minority. 
Commission meticulously documented the direct 
involvement of many leaders in instigating the 
violence and also participating in the same. It 
showed that Shiv Sena and Shiv sainiks took lead 
in organizing attacks on Muslims and their 
properties under the guidance of several leaders 
of Shiv Sena from the level of shakha pramukh to 
Shiv Sena Pramukh Bal Thackeray, who like a 
veteran general commanded his loyal Shiv Sainiks, 
to retaliate by organized attacks against 
Muslims. Cases of very minor nature were 
registered under Thackeray which, were later 
dropped by Shiv Sena-BJP coalition which came to 
power in the elections held in 1995. Congress all 
through cowed down to the threat that violence 
will break out if Thackeray, the main culprit is 
arrested.

Similarly role of other leaders like Madhukar 
Sarpotdar, Ram Naik, Gopinath Munde and many 
others was documented by the commission. Shiv 
Sena-BJP dropped the cases and the Congress 
alliance which came to power (1999) on the 
promise of implementing the findings of 
Shrikrishna commission, did not bother to do any 
thing in this direction. Madhukar Sarpotdar's 
case was deliberately put on the weak wicket, 
attention was not paid on the case details and 
neither was it pursued in a proper manner, with 
the result that he was untouched despite being a 
potential TADA culprit and also for carrying 
unlicensed arms. The pattern is same in most of 
these, either cases are not registered, or 
registered under weak clauses, than dropped and 
not pursued. So a biased police machinery and 
opportunist political leadership supplement each 
other to ensure that justice is not done. 
Similar points can be made about the police 
officers.  Of the hundred police officers who had 
negative role, commission named 31 for their 
lapses or proactive involvement in the carnage. 
Joint Commissioner of police R.D. Tyagi, 
Assistant Police inspector Deshmukh, and PI 
Lahane were found to be guilty of excessive and 
unnecessary firing resulting in death of nine 
Muslims in Suleiman Bakery incident. Tyagi was 
discharged in 2003 and others were exonerated and 
discharged. In case of Tyagi the matter was not 
pursued by the government. On the top of that 
many of them like R.D. Tyagi and Nikhil Kapse 
were promoted in the course of their careers. In 
another case the police blatantly opened fire in 
Hari Masjid, the commission names the guilty, but 
the Govt. is clever enough to protect the 
culprits.

As the commission submitted its report, the 
ruling Shiv Sena-BJP duo, dubbed the report as 
anti Hindu and refused to implement it. Later one 
of the arguments proffered was that people have 
reconciled to the aftermath of the carnage and 
any implementation of the report will open up the 
wounds. With defeat of the Sena-BJP coalition by 
Congress coalition (1999), the hopes were revived 
that the report will be implemented, as this 
coalition came to power on the assurance that it 
will implement the report if it comes to power. 
During five yeas of its rule it did precious 
little to give justice to the riot victims and 
Srikrishna report was put in the deep freeze. The 
Congress coalition, true to its opportunist 
character, never bothered to give justice to the 
victims. It cleverly gave the impression of 
implementing it while comfortably sleeping over 
it.

Now the issue has become hot once again as the 
culprits of bomb-blasts, which followed the riots 
were given punishment one after the other (2007). 
Most of the guilty have been punished. In the 
bomb blast nearly 300 people died. The 
convictions of culprits included many a life 
sentences and other punishments are dime a dozen. 
This is as should be, punish the guilty. The 
state government has acted efficiently in these 
cases. Also showing if there is a will 
convictions do take place. In case of Mumbai 
carnage not many have been punished. In these 
riots over 1000 people died but not a single life 
imprisonment and no other convictions/punishments 
worth their name. The ghastly difference in the 
state governments dealing of riots and blast 
cases is glaring. Now the two set of legal 
systems are well in place, punish the guilty and 
all the suspects of the blasts, and avoid the 
prosecution of the culprits of the communal 
violence.

Irked by this the social activists and community 
leaders have revived the campaign to get justice 
despite loosing all the hope in the Congress 
coalition. The different attitude of the two 
parties of ruling Congress is just a make 
believe. While NCP has its political arithmetic 
in protecting the culprits like Bal Thackeray, 
Congress leadership is spineless, lacks courage 
and principles to do any thing serious in this 
direction. So make believe effort on the part of 
Chief Minister to put wool in the eyes of 
community leaders and social activists.

This coalition has already completed one full 
term of ruling the state. Now the argument is 
being put forward that because of the lapse of 
time they are not able to find the witnesses. 
What was it doing when it was ruling in the 
previous term? In the previous Govt.  another of 
NCP strong man Chagan Bhujabal was the home 
minister. He was honest to say that since 
implementation of the commission will jeopardize 
Hindu votes, he will not do it. With great 
hesitation they did the drama of arresting 
Thackeray for few hours and the arrest too was 
made at the terms dictated by the culprit himself.
What stands out is that the political leadership 
is totally bereft of the principles and 
commitment to justice. The parties like Shiv Sena 
and BJP whose hands are soaked with blood of riot 
victims, do ensure that first they lead the 
carnage as they did in Mumbai 92-93 in Mumbai and 
in Gujarat in 2002, and then they polarize the 
communities along the religious lines and take 
pride in dividing the nation in the name of Hindu 
Nation. This leadership calculates that their 
involvement is a plus point for them as it will 
enhance their electoral power in polarized 
community.

For the Congress variety leadership, justice is a 
matter of political expediency and calculation. 
If you can get votes by promising to implement 
the commission, do it! After that once you come 
to power see what are the benefits of prosecuting 
the riot culprits, if the electoral calculations 
tell you keeping quiet on these issues is better 
keep quiet about it and sincerely pursue the 
cases of blasts which have followed the riots, 
which as a matter of fact are an aftermath of the 
riots. The honesty of punishing the guilty, 
upholding the law is gradually a virtue 
disappearing from the public arena. The state 
Congress leadership thinks it can fool the 
victims all the time. But the question is how 
long can Congress sustain policies which betray 
the victims, which are against the promises and 
oath which they take while grabbing the seats of 
power?

o o o

SEE ALSO:

SHIV SAINIKS ACQUITTED: RIOT CASE REGISTERED 12 YEARS AGO
The Hindu, Feb 06, 2008
URL: www.hindu.com/2008/02/06/stories/2008020656300400.htm

1993 RIOTS: MAHARASHTRA GOES SOFT ON THACKERAY
Times of India  - Jan 30, 2008
URL: 
timesofindia.indiatimes.com/India/1993_riots_Maharashtra_goes_soft_on_Thackeray_/articleshow/2744700.cms

______


[4] India: Bombay's new right wing 'natives vs 
'outsiders' game: Recent violence in against 
north Indians is led by Maharashtra Navnirman 
Sena a breakaway operation from the right wing 
parent the Shiv Sena. . . .

o o o

REPORTS:

SHOP OWNERS AT MATUNGA MARKET SCARED
Meena Menon (The Hindu, Feb 7, 2008)
www.hindu.com/2008/02/07/stories/2008020758971200.htm 

TWO AUTORICKSHAWS TORCHED IN SUBURBAN MUMBAI (The Hindu, Feb 6, 2008)
www.hindu.com/thehindu/holnus/001200802061550.htm

'WE LEFT OUR HOMES TO SERVE MUMBAI'S 
COMMUTERSŠARE WE OUTSIDERS?' (expressindia.com, 
February 06, 2008)
www.expressindia.com/latest-news/We-left-our-homes-to-serve-Mumbais-commutersare-we-outsiders/269625/

RAJ EYES SENA SONS-OF-SOIL SLICE
Satish Nandgaonkar (The Telegraph, Feb 4, 2008)
www.telegraphindia.com/1080204/jsp/nation/story_8859226.jsp ]

o o o

ANALYSIS:

The Hindu
Feb 06, 2008

Editorial

VICIOUS PAROCHIALISM

The chauvinistic and inflammatory rant of the 
Maharashtra Navnirman Sena chief, Raj Thackeray, 
against North Indians living in Mumbai, targeting 
in particular the esteemed Bollywood icon, 
Amitabh Bachchan, has cast a shroud of fear over 
Mumbai - with violence spilling on to the 
streets. In a crude and opportunistic attempt to 
whip up Marathi regional chauvinism, the 
estranged nephew of Shiv Sena chief Bal Thackeray 
hit out viciously at Mr. Bachchan at a party 
meeting, accusing him of being the brand 
ambassador of Uttar Pradesh rather than of 
Maharashtra. Raj Thackeray's rant included a 
sharp attack on the Union Railway Minister, Lalu 
Prasad, alleging that Biharis were being favoured 
in employment in the railways. What was most 
regrettable about these provocative remarks was 
the evidence that in his desperation to retain 
political relevance, the MNS leader was resorting 
to the worst trick in the book - fanning the 
flames of Marathi chauvinism at the expense of 
imagined aliens, mostly hapless migrants from 
U.P. and Bihar. As MNS goons beat up people, 
damaged taxis, and vandalized a theatre showing a 
Bhojpuri film, it became clear that those paying 
the price were ordinary people.

Fortunately, this descent to the lowest form of 
political violence is likely to be contained by 
the narrowness of the political base of the MNS. 
The Shiv Sena, which has the real muscle on 
Mumbai's streets, has pointedly distanced itself 
from the clumsy attempts of the MNS to imitate 
its political tactics. In its post-Hindutva 
incarnation, the Shiv Sena, like its ally, the 
BJP, is courting a large constituency of North 
Indians who have made Mumbai their home. Mr. Bal 
Thackeray, who finds Hindutva a more potent 
platform, is clearly disinclined to return to the 
old agenda of fomenting linguistic chauvinism. 
Further, the spirited resistance of the Samajwadi 
Party and its general secretary, Amar Singh, who 
has lodged a criminal complaint against Raj 
Thackeray, has sent out a signal that such 
bullying would not be allowed to pass. Hopefully, 
this unsavoury episode will peter out, but what 
remains of concern is the threat to the identity 
of Mumbai. Its cosmopolitan spirit remains the 
pride of India even as its greatness reflects the 
hard work, talent, and contributions of millions 
of people from several States. The second 
challenge, which must be faced with unvacillating 
resistance, is the continuing temptation of 
politicians and parties, particularly those that 
have failed to make headway in the public arena, 
to fall back on retrograde campaigns with 
incendiary themes with the sole purpose of 
destructive social polarisation. Yet Raj 
Thackeray is not Bal Thackeray and his clumsy 
attempts to revive the 'Mumbai for Mumbaikars' 
platform have run aground. To borrow from Marx's 
ironic observation, drawing from Hegel, history 
repeats itself, "the first time as tragedy, the 
second as farce."

o o o

The Times of India
6 Feb 2008

HEADED THE WRONG WAY

by Dipankar Gupta

The attack on taxi drivers and pushcart vendors 
from north India by the Maharashtrian Navnirman 
Sena (MNS) is not a replay of what Bal 
Thackeray's Shiv Sena did 40 years ago. It is 
easy to mistake one for the other, or even merge 
the two as blood relations, but the social 
factors behind their emergence are very different.

I first met Bal Thackeray in 1971 when he was 
already founder senapati of Shiv Sena for over 
five years. And yet what struck me most about him 
was his inability to handle success. He never 
imagined that his first public rally in 1966 
would appeal to such a wide cross-section of 
Marathis in Mumbai. Shiv Sena was originally 
designed as a kind of hyper-cultural organisation 
that would make Mumbai more Marathi. Its instant 
success was so heady that Thackeray succumbed 
almost imme-diately to a life of violence and 
loot. It is obviously quite easy to get used to a 
steady diet of that sort. Even so, it was 
impossible to ignore the fact that Shiv Sena was 
a movement waiting to happen given the 
demographic imbalance in, and the cultural 
character of, Mumbai. Maharashtrians in Mumbai, 
from the dirty white collar class upwards, not 
only experienced job insecurities, but they also 
felt slighted that the capital of their province 
did not culturally belong to them. There were few 
Marathis in the best jobs, in the best schools 
and in the best residential areas. Shiv Sena 
appealed to Mumbai Maharashtrians on both the 
economic and cultural front. Mumbai now wears a 
distinct Marathi visage, and this is almost 
entirely due to the Shiv Sena.

Low though the ideological fount of the Shiv Sena 
may be, it must be admitted that it had a broad 
support base. Its successes did not depend on its 
diatribe against south Indians as it did from its 
ability to respond to some of the deepest 
anxieties among Marathis in Mumbai. In fact, 
within a year of its formation the Shiv Sena 
publicly abandoned its anti-south Indian stance. 
From 1967 onwards, it relied instead on attacking 
Muslims and communists but nobody from within the 
ranks complained against this shift. Thackeray 
had already established his pre-eminence as a 
cultural hero of Maharashtrians in Mumbai.

But Raj Thackeray's political career started very 
differently. Whereas Bal Thackeray took to 
violence because he could not handle success, his 
nephew Raj has taken to it because he cannot 
handle failure. Neither has he learnt from his 
uncle's experience that attacking migrants in 
Mumbai is not good politics. His uncle survived 
his first misstep because he had a cultural 
agenda packaged in his anti-south Indian 
programme. This is something that Raj Thackeray 
almost completely lacks.

By the time Raj Thackeray appeared on the scene 
Mumbai had changed tremendously. It had become a 
proper Marathi city from Ghatkopar and beyond 
right down to Churchgate and Ballard Pier. A 
confident Marathi white-collar class had emerged 
in the meanwhile. The alienation of being an 
outsider at home no longer tortured the 
imagination of Mumbai-based Marathis.

Undoubtedly, these social factors, and not 
mindless migrant baiting, helped Shiv Sena embark 
upon a life of violence with some degree of 
legitimacy. But the MNS is shorn of these 
supports and therefore comes through much more 
readily as a party of vandals. The choice of 
target also reveals the crass motivations of MNS 
activists, Raj Thackeray included. Properties of 
taxi drivers and pushcart vendors from UP were 
attacked for no good reason other than trying to 
pull a page out of his uncle's book without 
reading the ending.

These migrants from UP do not threaten Marathi 
culture, nor are they taking away jobs that 
Maharashtrians in general aspire to.

They live on the fringes of Mumbai and can hardly 
pose a cultural or economic threat to Mumbaikars. 
When Bal Thackeray pointed to skilled south 
Indians and rich Gujaratis/Marwaris/north Indians 
for economically and culturally humiliating 
Maharashtrians in Mumbai it was possible to argue 
out his case. It would still be intellectually 
low but one could at least explain, if not 
excuse, the rise of the Shiv Sena. But where is 
the justification for MNS?

Perhaps Raj Thackeray is a slow learner. It is 
also possible that he only has the long-term 
memory of when his uncle was a tiger in Mumbai 
till the mid-1970s. But since then Bal Thackeray 
has moved on: he is now a toothless tiger and was 
also a paper tiger in between. In fact, in spite 
of the background conditions that favoured the 
rise of the Shiv Sena, it could still have been 
contained had not successive governments 
encouraged it. Y B Chavan once said in public 
that Shiv Sena was valiantly upholding the proud 
tradition of Shivaji. Consequently, Bal Thackeray 
never faced a prison sentence in spite of the 
numerous times he and his followers have 
flagrantly broken the law.

Raj Thackeray may be a political dyslexic, but 
Shiv Sena's career has a lesson for all of us. 
Communal violence can survive only when its 
perpetrators get away unharmed as Bal Thackeray 
did for years. Will the state government repeat 
history by dallying over sentencing MNS 
activists? Or will it learn from history and not 
allow time to reveal Raj Thackeray for the paper 
tiger he really is?

The writer is a professor of sociology, JNU.

o o o

Times of India

VJTI LECTURER BEATEN OVER SHIVAJI POEM
2 Feb 2008, 0157 hrs IST,TNN

MUMBAI: It was meant to be a fun occasion for the 
teaching and non-teaching staff of the Veermata 
Jijabai Technological Institute (VJTI). Instead, 
Friday evening's get-together turned into a 
shocking affair, with activists of Shiv Sena's 
labour wing thrashing a lecturer.

Activists of Bharatiya Kamgar Sena assaulted 
lecturer Sanjay M G for reciting a poem with 
"objectionable content" against Shivaji during 
the annual get-together. The lecturer is also an 
office-bearer of the National Alliance for 
People's Movements (NAPM). No police case has 
been registered.

The institute had organised a get-together of all 
teaching and non-teaching staff members to 
promote team spirit. Several faculty members and 
non-teaching staff share light moments during 
this annual get-together.

As the evening progressed, Sanjay recited a 
Marathi poem, "Mi Kadhi Risk Ghet Nahi" (I never 
take a risk).

The poem, penned by Taliram (pen name), speaks 
about a man who reaches home after a day's work 
and then gets high on alcohol. In his ramblings, 
the man imagines Shivaji Maharaj (portrait hung 
on a wall) smiling back at him. "Shivaji Maharaj 
is laughing loudly. Shivaji Maharaj is cooking. 
Shivaji Maharaj never takes risks."

As Sanjay completed reciting the poem, some union 
members of the college slapped him several times, 
said a faculty member who was present there.

"Marathi is rich with its poetry and literature. 
Why did Sanjay have to recite this poem?" asked 
an infuriated member of the union.

"Many staff members have been waiting for an 
opportunity to beat up Sanjay and this was an 
opportunity," was what a senior faculty member 
had to say.

Albert Pinto, secretary of the Bharatiya Kamgar 
Sena, and other members then met the institute 
director K G Narayankhedkar and demanded that 
Sanjay be suspended.

Documentary filmmaker Anant Patwardhan, an old 
friend of Sanjay, said, "I absolutely condemn 
this incident. It is reflective of the growing 
intolerance in our society. What matters now is 
whether the state will take any action against 
the men who attacked Sanjay. It is about time 
that the police started taking these incidents 
seriously and did something to deter them."


______


[5]  BOOK REVIEW

Outlook Magazine, February 11, 2008


CRIMSON CONCENTRATE
Naxalism recruits victims of progress. This is a warning. ...

by Dilip Simeon


RED SUN: TRAVELS IN NAXALITE COUNTRY
by Sudeep Chakravarti
Penguin/Viking
Pages: 320; Rs. 495

	Red Sun evokes a sense of distance. Not 
geographically-the author's travelled widely in 
Chhattisgarh, Jharkhand and Bengal. He has 
interviewed activists, bureaucrats, policemen, 
businessmen and intellectuals. He has discussed 
Maoism with the legendary Kanu Sanyal and K.P.S. 
Gill, probed links between Nepali and Indian 
Maoists, met health ministers who want to solve 
the problem via vasectomies, security experts who 
want bigger budgets, and students convinced that 
India will soon become their version of a 
People's Republic.

Rather, it's the distance that separates its 
readers from those he writes about; 
industrialising India from its victims; the 
dreams of middle-class youth from those of the 
impoverished cadres who look forward to an 
ideologically-driven dictatorship. The author's 
investigations highlight the apartheid-like 
tendencies that have resulted in a spiral of 
violence, and the lackadaisical attitude of the 
political class to the administrative failures of 
which Maoism is a glaring symptom.

The writing is unpretentious and readable. Errors 
have crept in-the Khairlanji atrocities were 
committed by backward castes, not upper castes. 
Neither Saroj Datta nor Sushital Ray-Chowdhury 
'disappeared'. The first was found dead in the 
Calcutta Maidan and the second died a natural 
death. Chakravarti's descriptions are 
interspersed with reflective comments, but no 
political theory. That is their strength, for the 
book raises grievous questions. Why has our 
political system created masses of desperate 
people? Millions of Indians have no idea what 
citizenship means. Development budgets for 
conflict-affected areas evaporate, with no 
benefit to the people. The judiciary has allowed 
lakhs of suits to accumulate-we tend to overlook 
how much this failure has contributed to the 
alienation of the poor. When even the 
middle-class despairs of justice, what might the 
poor expect? Andhra's police (and not only them), 
Chakravarti reminds us, are notorious for their 
extra-judicial functioning. In a word, the 
activities of state personnel have undermined the 
Constitution and fostered the Maoist argument 
that the Indian state is treacherous. Chakravarti 
could have mentioned the acceptability of 
lawlessness when it follows a communal script. 
Major parties have used violence as a political 
tool. 1984 and 2002 are iconic years in modern 
India, yet some of our opinion-makers can 
denounce Naxalite violence in the same breath as 
they extol Narendra Modi's bloodstained 
achievements. Chhattisgarh's human rights 
activist Binayak Sen rots in jail while genocidal 
maniacs command state institutions. Our 
establishment couldn't do more to assist Maoist 
propaganda.

There's no end in sight. Maoists have 
concentrated on the mineral-rich forests in 
central and eastern India. These are home to 
tribal communities, prey to land seizures by 
corporates and real-estate sharks. Meanwhile, the 
war economy has spawned millionaires. Informal 
paramilitaries such as the Ranvir Sena 
(insufficiently dealt with) and the Salwa Judum 
(which enjoys semi-legal standing) have sunk 
roots. They habitually seize or receive 
resources, reportedly paying salaries and 
compensations. Scarred people acquire a 
psychological commitment to conflict-we could 
name this the 'revenge investment'.

Chakravarti reminds us of the casual Indian 
yearning for extreme solutions. "Maoists are 
practising what we preach daily without a second 
thought." They build upon a philosophical 
tradition that grants the owners of great ideas 
the right to take unilateral action. 
Ideologically conceived revolutions derive their 
legitimacy not from democratic processes, but 
from their assumed intellectual superiority. 
Since there is no criterion by which this may be 
tested, debates are conducted at 
knifepoint.That's why differences amongst 
revolutionaries lead to factionalism. Meanwhile, 
those who despise democracy demand the 'right' to 
murder whom they like. Democracy is the last hope 
of the poor, but both right- and left-wing 
extremists have undertaken to destroy it. And our 
establishment gleefully seizes the opportunity to 
turn authoritarian. Paramilitaries have emerged 
as capitalism's loyal opposition.

Chakravarti foresees a polity of gated 
city-states with captive hinterlands; an India 
consisting of a privileged In-Land and a desolate 
Out-Land for the victims of development. (The 
Shiv Sena has long admired the Soviet and Chinese 
device of internal passports.) This forecast was 
also made by Aseem Shrivastava, when he argued 
that SEZs are the germ of corporate city-states, 
the first stage of an assault on agriculture that 
may entail the demolition of Indian democracy. 
With over 500 SEZs on the anvil, some 250 million 
Indians may be displaced in the coming decades. 
Naxalism will someday be seen as the stepchild of 
the Indian Constitution. Red Sun should be read 
widely, especially by those mesmerised by 
newfound wealth.


______



[6] Announcements - Upcoming events and publications:

(i) THE JUDICIAL SOLIDARITY RALLY

Date:
Saturday, February 9, 2008
Time:
7:00am - 10:00pm
Location:
Begins at Neher Ghar, Zaman Park, Lahore; ends at Supreme Court, Islamabad
Street:
Nehar Ghar is in the Zaman Park service lane near Aitzaz Ahsan's house.

Today Pakistan stands at the crossroads of chaos 
and instability. The events of November 3rd, and 
December 27, 2007, have had a devastating affect 
on our nation, the Balkanization of which is now 
a very likely future scenario. The gravity of the 
situation demands that we, the people of 
Pakistan, stay united and work for the 
restoration of our judiciary, which can restore 
order to our nation. In the wake of rising 
provincial disharmony and the judicial crisis, 
Hum Logge has organized a plan to rally under the 
flag of Pakistan for solidarity on February 9th, 
2008 from Lahore to the capital, Islamabad, via 
the G.T. road.

"Hum Logge" consists of organizers, in 
consultation with the Leaders of the Bars and 
major political parties, who are advocates of 
civil rights, the independence of judiciary, and 
a restoration of democracy. The parties will 
participate in the rally for a national cause 
since they too stand as a symbol of the 
Federation. We will rally with full support and 
enthusiasm from all classes of people (awam: the 
real people), the Leaders of the Bars and other 
participants including WAF (Women Action Forum), 
HRCP (Human Rights Commission of Pakistan), CCP 
(Concerned Citizens of Pakistan), the members of 
various NGOs, local civil society groups, SAC 
(Student Action Committee), and most importantly, 
the most marginalized citizens of this nation, 
who are the real voters. Hum Logge- We, the 
people, ARE the government. United we stand to 
make our voice heard.

Objectives:

The rally aims to reiterate the people's demands 
for the restoration of the judiciary, free and 
fair elections for democracy, and to show 
solidarity amongst the four provinces in order to 
move the country away from the prevailing, 
vulnerable situation. It's time to work together 
for the solidarity of our country.

We will join our brethren in Islamabad and 
together march towards the Supreme Court so that 
we can influence the present regime to meet our 
demands. We aim to show solidarity with judicial 
leaders who are acting players for the suppressed 
of the country, and who are fighting for the 
independence of the judiciary, civil liberties, 
freedom of democracy, a free media, and a society 
rid of atrocities and tyranny.

We anticipate everyone's involvement and request 
that all individuals and organizations send their 
delegations as representatives in large numbers 
to show strength, power and the struggle of the 
people of Pakistan for their rights and for 
democracy.

This is for PAKISTAN and for ALL Pakistanis. It 
does not matter who you are and what your 
affiliations are. We ONLY want the Pakistani flag 
here, be it in the form of the flag itself, 
stickers, banners, etc. We want to focus on unity 
instead of the minor differences in agenda that 
we may have. Now is the time to unite.

We would also be obliged if people can donate 
cars for transportation to Islamabad. Please do 
register your cars with us and confirm the number 
of people you will be bringing along with Bina 
Qureshi. Please contact Bina Qureshi and Nabiha 
Meher in Lahore, and Kamil Hamid in Islamabad for 
any details and information.

UNITED WE STAND FOR A SOLID PAKISTAN.

Looking forward,

Bina Qureshi
Team leader
Phone number: 0300-8412435
Email: images_help at yahoo.com

Nabiha Meher:
Phone #: 0308-4579807
nabihameher at gmail.com

Kamil Hamid:
Phone #: 0345-5104892
kamilhamid at gmail.com

- - -

(ii)

LST Forum

GENERICS V BRANDS: NATIONAL DRUGS POLICY AND GOOD HEALTH FOR ALL

Dr K Balasubramaniam
Advisor and Coordinator
Health Action International Asia - Pacific

Thursday 14 February 2008
5pm @ 3, Kynsey Terrace, Colombo 8


- - -

(iii)

Justfemme.in  is a women's online magazine. It is 
meant to be a platform for women to discuss 
issues and ideas that do not find space in the 
mainstream media. Women from all walks of life - 
from software engineers to housewives to students 
from across country and globe are writing for us. 
We are trying to create an opportunity for first 
time writers and non-journalists to make their 
opinion count.

To take the discussion further, Justfemme is 
organising a women's film festival on 8th of 
March 2008, on the occasion of Women's day. We 
are looking for short films on women centric 
themes (not necessarily made by
women). The films can be of a duration between 10min to 50 min.

Please send in a brief synopsis of the film to justfemme.in at gamil.com

The films should be in DVD format. Last date for 
submission of synopsis - 10 Feb 2008

- - -

(iv)

THE EVERYDAY LIFE OF HINDU NATIONALISM:
An Ethnographic Account

by Shubh Mathur

About the book:
This is an ethnographic account of the rise of 
Hindu nationalism in the north Indian state of 
Rajasthan during the period 1990-94. It looks at 
the transformation of cultural meanings in 
everyday life that make possible the political 
success and the anti-minority violence of the 
Hindu right. Media and academic accounts of the 
Hindu right that present images of religious 
frenzy and fanaticism are misleading because they 
draw attention away from the world of the 
everyday and the ordinary, from the homes, 
workplaces, schools and communities where the 
realities of Hindu nationalism are created and 
maintained.  This book takes seriously the claims 
of RSS activists that theirs is a cultural 
organization, and that its main task is 
'character-building', in order to answer the 
central question: How does one comprehend the 
selves that are capable of the extraordinary 
violence witnessed in India at the turn of the 
millennium?

The patterns of anti-minority violence that 
accompanies the rise of Hindu nationalism show 
that it follows not a political or economic 
logic, but a cultural one. The geographic and 
demographic distribution of violence maps and 
confirms cultural beliefs about the nation and 
its enemies. Finally, this book argues that media 
and academic discourses on Hindu nationalism 
function to produce what has been called 
'cultural anesthesia', diffusing and deflecting 
questions about agency and accountability while 
silencing the experience of the victims and 
excluding the cultural idioms which provide them 
means of comprehension and healing.

From the blurb:
Shubh Mathur's account of the resistible rise of 
Hindu chauvinism in the north Indian state of 
Rajasthan is at once a remarkable piece of 
contemporary scholarship and a great human 
document.
"This is a searingly honest piece of writing, 
with an unashamedly partisan position, but 
without compromising the demands of theoretical 
rigor and empirical depth. Shubh Mathur's book 
provides a fine-grained account of the tortured 
response of India's Muslims to the emerging 
shifts in a social order that has begun to view 
them with increasing weariness, impatience and a 
hectoring command to 'assimilate'."
Raza Mir

"It is an error to read fascism as an 
abnormality; one should, in fact, seek the links 
between fascism and 'normality'. Shubh Mathur's 
work brilliantly shows how 'the cultural logic 
and institutional power of Hindutva have become 
deeply entrenched in everyday life itself'."
Sadanand Menon

About the author:
Shubh Mathur is an anthropologist whose work 
focuses on minorities, violence, human rights, 
gender and immigration. She received her 
doctorate from the New School for Social 
Research, New York. She is at
present Visiting Assistant Professor of 
Anthropology at Franklin Pierce University.


1. Introduction: The Everyday Life of Hindu Nationalism
Two stories
Culture and violence: In the light of Gujarat
The ordering of difference
Writing an ethnography of fascism
Hindutva as symbolic capital

2. Mapping the Enemy
"The significant past"
Culture and difference in the nineteenth century
Conquest and conversion
Tolerance, Hindu and Muslim
"Muslim separatism"

3. Administrative and Discursive Hindus
A brief history of Hindu nationalism
Street-fighters and patriots
"A well-disciplined counter-revolutionary elite"
"National thrust to ancient customs"

4. Communities and Power
The scream of Reich
Banswara
Beawar
Seva Bharati: "Giving culture" to the urban poor
Mohalla Khatikan
RSS women
Postscript from Gujarat

5. Violence as Ritual
Stories
Suspect community
The judicial inquiry
Invisible violence
The other point of view

Includes appendices and bibliography


xvi, 224 pages Demy 5.5 x 8.5 in.

ISBN Hardcover 81-88789-43-7 Rs575.00
ISBN Paperback 81-88789-53-4 Rs275.00

Three Essays Collective
B-957 Palam Vihar
GURGAON (Haryana) 122 017
India

Tel.: (91-124) 2369023
Mobile: +91 98681 26587 and +91 98683 44843
www.threeessays.com


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

Buzz for secularism, on the dangers of fundamentalism(s), on
matters of peace and democratisation in South
Asia. SACW is an independent & non-profit
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