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 commutersare 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
imaginativeThe role of the APRC and as well as
its panel of experts is to fashion creative
options
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
COMMUTERSARE 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
citizens wire service run since 1998 by South
Asia Citizens Web: www.sacw.net/
SACW archive is available at: http://insaf.net/pipermail/sacw_insaf.net/
DISCLAIMER: Opinions expressed in materials carried in the posts do not
necessarily reflect the views of SACW compilers.
More information about the SACW
mailing list