SACW | Feb. 10-15, 2008 / Hopelessness on Pakistan (Kamila Shamsie) / India: Shrinking Freedom of Expression - Taslima Nasreen, MF Hussain

Harsh Kapoor aiindex at gmail.com
Thu Feb 14 19:26:23 CST 2008


South Asia Citizens Wire | February 10-15, 2008 | 
Dispatch No. 2500 - Year 10 running

[1] Pakistan: This mood of hopelessness is 
contaminating all of us (Kamila Shamsie)
[2] Sri Lanka: What's the LTTE's gameplan? (Rohini Hensman)
[3] India: Resentment Persists in Kashmir (Gautam Navlakha)
[4] India: Shrinking Freedom of Expression - 
Taslima Nasreen, MF Hussain and a growing list of 
victims
  (i) Public Statement by Forum For The Protection 
of Free Speech and Expression (9 February 2008)
  (ii) SAHMAT Press Statement on Taslima Nasrin (13 February 2008)
  (iii) Taslima lives somewhere in Delhi, Hussain in Dubai (Jawed Naqvi)
  (iv) Why is Taslima Nasreen a prisoner? (Indira Jaising)
[5] India: Statements by Concerned Citizens 
Protesting Disruption of Film Screening in Bhopal
[6] India: Museum from riot cinders (Basant Rawat)
[7] UK: Failed by religious law (Pragna Patel)
[8] Announcements:
Press Meet: Case of False Framing of Aftab Alam 
Ansari and Justice Against Witch-Hunt of 
Minorities (New Delhi, 15 Feb. 2008)

______


[1]

The Guardian,
February 14 2008

THIS MOOD OF HOPELESSNESS IS CONTAMINATING ALL OF US

Pakistan's electoral process has been stifled by 
the spectre of suicide bombings and the long 
shadow of Musharraf

by Kamila Shamsie in Karachi

Earlier this month in Pakistan, a popular 
television show instructed viewers on the proper 
method of casting a ballot in the coming 
elections. The programme was the satirical 4 Man 
Show, and the elections in question are being run 
by a music channel to determine the people's 
choice for best VJ. The subtext to the skit was 
the listlessness surrounding those other 
elections in Pakistan, scheduled for February 18.

On the streets of Karachi there are few visible 
signs of campaigning, aside from banners 
announcing various constituency candidates. But 
many of those banners have been in place since 
the run-up to the January 8 elections, which were 
postponed following Benazir Bhutto's 
assassination, and the slogans on the Pakistan 
People's party banners - The Return of Benazir is 
the Return of Hope - now sound a note of doom.

It's easy to find the reason for the absence of 
the large-scale rallies that usually characterise 
campaigns: suicide bombings. It hasn't been just 
Benazir's rallies - first her homecoming rally on 
October 18, then the election rally on December 
27 - that have been targeted. Over the past 
weekend, there was a suicide bombing at an Awami 
National party rally in the volatile North-West 
Frontier Province, killing 27.

The threat of suicide bombings has almost 
entirely halted the big rallies, although Asif 
Zardari relaunched the PPP's campaign on February 
9 at a rally of thousands in Thatta, Sindh 
province, after the 40-day mourning period for 
Benazir Bhutto. It's worth mentioning that the 
few rallies that have been held included one at 
the weekend for the APDM, the inaccurately named 
All-Parties Democratic Movement, which is in fact 
boycotting the elections.

Necessity is opening up other avenues, too: in a 
move either bizarre or ingenious, the Muttahida 
Quami Movement, Karachi's most powerful party, 
whose election symbol is the kite, held a 
kite-flying festival that attracted large crowds 
- though it remains in doubt how many people 
listened to the speeches rather than simply 
enjoying the kites and music. Largely, though, 
candidates are using quieter methods, such as 
door-to-door campaigning and local neighbourhood 
meetings. Perfectly worthy ways of engaging 
voters, but entirely lacking in pre-election buzz.

Many Pakistanis have long since stayed away from 
the election process, believing no government 
will change their lives of hardship and misery. 
But this time the mood of hopelessness seems to 
have extended outward, even to people who live 
and breathe politics. No political conversation 
I've heard in the last month has been without the 
word "allow". As in: "Musharraf won't allow ..."; 
"the army will never allow ... "; but also "the 
people won't allow".

This stand-off between what will and won't be 
allowed is often portrayed as the real decider of 
election results. So, the argument goes: on the 
one hand, Musharraf-backed-by-the-army won't 
allow the two parties that oppose him (the PPP 
and Pakistan Muslim League-Nawaz) to make up the 
two-thirds majority in the national assembly 
necessary to impeach the president and reverse 
his changes to the constitution. On the other 
hand, the people of Pakistan - specifically the 
supporters of the PPP and PML-N - won't allow a 
result that brings Musharraf's supporters (the 
Pakistan Muslim League Quaid-e-Azam and the MQM) 
back into power.

Asif Zardari has openly warned the government of 
a "severe reaction" in the event of rigging, and 
his party has made it clear that widespread 
defeats for the PPP will be seen as evidence of 
that. So, the chattering classes predict, the PPP 
will probably emerge as the largest single party 
in the National Assembly, followed by the PML-N, 
but the PML-Q and MQM will also carry a 
significant number of seats. Interestingly, the 
most recent polling data suggests this would 
accurately reflect the parties' actual level of 
support. It seems possible that the wave of 
sympathy for the PPP following Benazir's death 
has been dented by the appointment of the 
controversial Zardari as party leader. Certainly 
there's no one who has anything approaching 
Bhutto's crowd-pulling charisma.

And the party that made the most astonishing 
gains in the 2002 elections - the religious 
alliance, Muttahida Majlis-e-Amal - is entirely 
absent from political discussions. One of the 
main sections of the MMA, the Jamaat-e-Islami, is 
boycotting the elections; but in addition, 
support for the MMA in the constituencies it won 
in 2002 has sharply declined as a result of its 
failure to deliver on promises after five years 
in office. However, disturbingly, the fall in its 
popularity may also signal that some of its 
supporters have moved further into extremism and 
now believe in backing or joining those who 
operate outside the political process.

As for me, I'm going to cast my vote on February 
18 to show support for a process which, however 
flawed, is leagues ahead of any alternative. Who 
I'll vote for - well, that's a question to which 
I still don't have an answer.

· Kamila Shamsie's most recent novel is Broken Verses


______


[2]

The Island
12 February 2008


WHAT'S THE LTTE'S GAMEPLAN?

by Rohini Hensman

  Carnage in the South

Scores of people have been killed in the South 
just in the past month, most of them Sinhalese 
civilians. The focus of the LTTE's offensive 
seems to have shifted from the North-East to the 
South. This is not just a matter of luring the 
military away from the North, because there has 
also been a shift from military targets to 
civilian ones.

What is most worrying about this change of 
strategy is that this kind of terrorist attack 
can continue indefinitely, even if the LTTE is 
defeated militarily in the North. We may recall 
the relentless US bombing of the Tora Bora 
mountains, which decisively wiped it out as a 
military base and place of shelter for Osama bin 
Laden. Some people even believe that Osama is 
dead, and the videos of him that keep appearing 
are fakes. But whether he is dead or alive, the 
fact is that Al Qaeda continues to launch deadly 
terrorist attacks, without having any military 
base. There is no doubt that the LTTE could do 
likewise. Sri Lanka is awash with arms and 
ammunition, which the government is distributing 
freely in the name of arming Home Guards, and it 
would be the easiest thing in the world for the 
LTTE to get hold of it and continue their attacks 
on civilians. Nowhere in the world has military 
might been able to stamp out terrorist attacks, 
and Sri Lanka is no exception.

One possible aim of these attacks is to provoke a 
backlash against Tamil civilians by Sinhala 
chauvinists. This is the fear of a group calling 
itself the 'Vanni United Tamil Association for 
Peace', which put up posters in Vavuniya 
appealing to the LTTE to stop killing Sinhalese 
civilians and thereby endangering the lives of 
Tamil civilians. Indeed, it is only a matter of 
time before the goons who believe 'Me rata 
Sinhala rata' retaliate by staging pogroms 
against Tamil civilians; they have already 
attempted to do so on a couple of occasions. Then 
the LTTE, which is already using the fiasco of 
the 23 January Rajapaksa-JHU proposals 
masquerading as APRC proposals to argue that the 
government is not serious about a political 
solution to the conflict, can in addition argue 
that Tamils are not safe in a Sinhala-dominated 
Sri Lanka, and need a separate state of their own.

If the pogroms against Tamils are serious enough, 
the Indian government would be forced to act, and 
the international community might at that point 
step in to establish a separate state in the 
North-East. Anyone who doubts that this is 
possible should take a good hard look at what is 
happening in Kosovo right now. The Serbian 
nationalists were just as determined that Kosovo 
(which was crucially important to their national 
identity) should remain in Serbia as the Sinhala 
nationalists are determined that the North-East 
should remain part of Sri Lanka. But their 
attacks on Kosovo's ethnic Albanian civilians 
ensured the opposite outcome. Contrary to the 
belief of ignorant Sinhala nationalists, 
sovereignty has an external as well as internal 
aspect. If the international community is 
convinced there is a compelling case for a 
separate state where Sri Lanka's Tamil civilians 
are safe, they could recognise the sovereignty of 
such a state.

Punishing the LTTE for War Crimes and Crimes Against Humanity

How can such an outcome be avoided? It is not 
difficult. The majority of Tamils, horrified and 
repelled by the LTTE's brutal attacks on 
civilians, do not accept the LTTE as their 
representative, and the international community 
too now recognises that the LTTE does not 
represent the majority of Tamils. The LTTE's 
attacks on Sinhalese, Muslim and Tamil civilians 
are all defined in international law as war 
crimes or crimes against humanity, for which the 
LTTE leaders could be tried, convicted and put 
behind bars for the rest of their lives, their 
followers disarmed and their conscripts released. 
That would be the end of the LTTE as a military 
force and terrorist group: no more war, no more 
terrorist attacks.

This would require two things. One is collecting 
enough evidence to convict the LTTE leaders in a 
court of law. The LTTE denies that it carried out 
the attacks: how can we prove that they were 
involved? The failure to convict LTTE operatives 
even for such high-profile killings as that of 
Foreign Minister Lakshman Kadirgamar shows that 
the investigative capacity of Sri Lankan 
government agencies is simply not up to the task. 
UN High Commissioner for Human Rights Louise 
Arbour has offered to help by setting up a UN 
field operation in Sri Lanka to investigate and 
report on human rights violations. The evidence 
collected by this mission could certainly be used 
to convict the LTTE leaders. Moreover, the 
presence of the mission would help to deter it 
from intimidating and killing witnesses, as it 
routinely does. The second requirement is a trial 
of LTTE leaders for these crimes under 
international law. This could be done by an 
International Criminal Tribunal for Sri Lanka set 
up by the UN Security Council, or, more simply, 
by Sri Lanka signing and ratifying the Rome 
Treaty of the International Criminal Court. It 
would then be the task of the international 
prosecutor, working with law enforcement agencies 
in Sri Lanka, to collect evidence, call 
witnesses, and try those accused of war crimes 
and crimes against humanity. There can be no 
doubt that there would be enough evidence to put 
the LTTE leaders behind bars for the rest of 
their lives. And the entire international 
community would support the effort.

The LTTE's Friends in the South

The chief obstacles to this course of action are 
the LTTE's powerful backers in the South. For 
example, Somawansa Amarasinghe of the JVP warned 
that if any political or military leader from Sri 
Lanka was taken before an international court, it 
would be over the dead bodies of the JVP cadre. 
Paradoxical, isn't it? The JVP leaders are 
willing to lay down the lives of their followers 
to defend the right of the LTTE to kill Sinhalese 
civilians! Of course, the reason is that they 
want the government forces to go on being able to 
kill Tamil and Muslim civilians with impunity. 
But the net result is that they support the 
LTTE's right to go on killing Sinhalese 
civilians, which no military victory is going to 
be able to stop.

Similarly, Louise Arbour's repeated offers to set 
up a UN human rights monitoring mission in Sri 
Lanka have been rejected by the president and UN 
ambassador Dayan Jayatilleka. Again, their 
purpose is to allow the armed forces and their 
commanders the freedom to commit war crimes and 
crimes against humanity with impunity, but an 
inevitable consequence is that LTTE too is able 
to get away with mass murder.

As the death toll of civilians in the South 
climbs higher, it is important to remember that 
it is these powerful forces in the South who are 
shielding the LTTE from punishment for their 
crimes, and thus also helping the LTTE to divide 
our country by provoking a backlash. They shield 
the LTTE because they want to behave like the 
LTTE. This is bad news not only for minority 
communities but also for the majority community. 
Let us not forget that during the JVP insurgency 
and government counter-insurgency, in the late 
1980s Sinhalese killed almost as many Sinhalese 
in the space of three years as the combined death 
toll of Sinhalese and Tamils in three decades of 
the LTTE's armed struggle!

Fighting for a United Sri Lanka

Those of us who are opposed to the continuing 
terrorist attacks and the division of our country 
therefore need to fight on two fronts: on one 
side against the Tamil war criminals, on the 
other side against their backers in the South. We 
need a government that is ready to abide by 
international law and use it to get rid of the 
LTTE as a military/terrorist group once and for 
all. And we need a democratic constitution that 
will put an end to any legitimacy that separatism 
now enjoys. So long as people belonging to 
minority communities do not have security and 
equal rights in a united Sri Lanka, they have a 
right to demand a separate state where their 
democratic rights are respected. Only a 
democratic constitution which guarantees their 
fundamental rights can put an end to separatism 
permanently.

A democratic constitution is not just in the 
interest of minority communities; it is also in 
the interest of the majority community. For 
example, under our present constitution, citizens 
do not have the right to life. On the other hand, 
the executive president has enormous powers which 
amount to the right to kill any citizen. This 
imbalance between the lack of rights on one side 
and absolute power on the other was used to kill 
tens of thousands of Tamils in the early 1980s. 
Sinhalese people who thought they had nothing to 
fear got a rude shock when a few years later the 
same powers were used to kill tens of thousands 
of Sinhalese. No one is safe until everyone's 
democratic rights are safeguarded, and for that 
we need a new constitution.

Defeating the LTTE's gameplan is not difficult; 
all it requires is a government determined to 
take the steps outlined above to achieve that 
goal. Until we get that government, civilians 
will continue to pay with their lives.


_______


[3]


Economic & Political Weekly
February 9, 2008

RESENTMENT PERSISTS IN KASHMIR

by Gautam Navlakha

Despite the (stop-start) peace process in Jammu 
and Kashmir and the decline in infiltration, it 
would be a mistake to infer that  people's anger 
has subsided in the state. Faced with a public 
demand for troop reduction in Jammu and Kashmir 
(J&K), the government had consti- tuted three 
committees in March 2007. An expert committee 
headed by the defence secretary to look into the 
question of troop reduction, a review committee 
headed by M A Ansari to study the Armed Forces 
(Special) Powers Act (AFSPA) as well as the 
Disturbed Area Act (DAA), and a high powered 
committee headed by the union minister of defence 
to study the recom- mendations of the two panels.

It is evident that as long as Indian  security 
forces are engaged in fighting  a "low intensity 
war", the likelihood of reducing troops and 
revoking AFSPA  and DAA was ruled out. Therefore, 
in April 2007 when the review committee sub 
mitted its report and called for revok- ing AFSPA 
and DAA, it was not taken too seriously because 
it was the recommenda- tion of the "expert" 
committee which mattered most. On December 5, 
2007 in response to an "unstarred" question 
number 1672 in the Rajya Sabha, which asked the 
minister of defence to state "whether the 
committee headed by Defence Secretary...to look 
into demand of troops reduction in J&K has 
submitted any report and if so the salient 
features thereof", a terse answer was provided:

The main recommendations pertain to reconciling 
of the details of the properties
occupied by the security forces and the rentals 
paid as also to resolve old cases that have 
remained unsettled for many years; vacation of 
public utility services by the security forces 
such as school buildings, hospitals; the timings 
of the convoys of the security forces may be 
reworked so as to cause least inconvenience to 
the local population; dos and don'ts issued by 
the security forces need to be strictly followed. 
Implementation of the recommendations is an 
ongoing process...
The conspicuous absence of any refer- ence to 
"troop reduction" speaks for itself.  Also 
missing are terms such as "relocation" (moving 
forces from one place to another) and/or 
"restructuring" (replacing army with paramilitary 
formations). Instead no more than cosmetic 
changes are recom- mended by way of resolving old 
cases, vacating some buildings and reworking of 
convoy timings. Besides, the "ongoing process" of 
implementation reveals its own drawback. For 
instance, out of the 1,572 buildings occupied by 
security forces, only "public utility service 
build- ings" (such as schools, hospitals) would 
be vacated. The total number of such build- ings 
is less than a hundred. And even these are being 
vacated half-heartedly. Accord- ing to the state 
government education secretary "in certain cases 
they (security forces) have vacated (school) 
buildings but are still holding the schools' 
grounds that makes not much difference in the 
problems we face" (Economic Times, November 26, 
2007). All this amounts to trivialising a popular 
demand and raises serious concern over Indian 
government's sincer- ity to address real issues.

Land Question

There are reportedly 671 security forces camps in 
J&K (excluding those in Jammu, Kargil, Leh, 
Akhnoor and Udhampur) and these occupy 90,000 
acres of farm and orchard land and 1,500 
buildings. But the quest for land continues to 
grow.1 For instance, in saffron rich Lethapora in 
Pampore tehsil the central reserve police force 
(CRPF) has demanded 5,000 'kanals' (one-eighth of 
an acre) for its group headquarters. The army is 
demanding 10,000 kanals for expansion of its 
Kundru Field Ammunition Depot (FAD).2 Besides, 
the air force, which is in possession of 850 
acres in Awantipora, has asked for an additional 
763 acres. Such is the demand for land that the 
army, which was given 212 acres in Sharifabad, in 
exhange for vacating 139 acres of Tattoo grounds 
Garrison in Srinagar, has taken possession of 100 
acres at Sharifabad but refuses to vacate Tattoo 
ground. In the Cattle Research Centre at 
Manasbal, spread over 352 acres, the army first 
asked to set up a few bunkers in 1990. Then it 
built barracks and in 2005 laid claim to 252 
acres!3

Moreover, the annual Landmine Report 2007 states 
that about 160 sq kms in Jammu and 1,730 sq kms 
in Kashmir remain mined. The speaker of J&K 
assembly recently pointed out that 3,500 acres of 
agricultural land in his constituency
Chamb (Jammu) have been mined and 6,000 families 
displaced. The J&K tourism minister told the 
media on October 19  that the army violated the 
master plan for Gulmarg and without requisite 
permission "(t)hey have occupied 400 acres of 
land on which they have raised huge concrete 
structures" (The Asian Age, October 20, 2007).

It is obvious that involuntary alienation of land 
in general, cultivable tracts in particular, will 
arouse passions. This turns into fury when land 
is acquired for armed security personnel, who 
maintain an intrusive presence among civilians 
designed to control their public and private 
lives, and indeed even "transform their will and 
attitude".4 Why is this ground reality so 
difficult to comprehend? And why is the 
government unwilling to reduce troop levels or 
with- draw 6,67,000 security force personnel to 
the barracks? After all, the new army chief 
Deepak Kapoor recently stated that the situation 
in J&K "starting from 2004 onwards has improved" 
(Statesman, December 10, 2007). So much so that 
the government now claims that there has been a 
70 per cent decline in militancy- related 
incidents between 1990 and 2007, from 3,500 to 
1,000 incidents. Firing inci- dents came down 
from 671 to 183. Bomb explosions declined from 
1,000 to just 50.

Killings of civilians declined from 914 to 153 
(Tribune, December 12, 2007). Besides, the 
ceasefire is being observed by  India and 
Pakistan along the line of control since November 
2003 resulting in   an end to mortar shelling and 
a fall in   infiltration.

In any case infiltration is said to have peaked 
in 2001 when an estimated 2,706 persons allegedly 
entered the state illegally.  The estimates 
tabled by the ministry of home affairs in the Lok 
Sabha on Novem- ber 27, 2007 show that their 
numbers declined to 597 in 2005, 573 in 2006 and 
499 up to October 2007. As final proof it is 
being claimed that non-militancy related crimes 
have shot up. Granted that statistics can be 
manipulated any which way, the point is, if the 
government is itself downplaying militancy, then 
why are they fighting shy about troop reduction? 
Evidently, 18 years of military control have 
enabled the government to restore its authority 
over a recalcitrant people.  But the government 
does not enjoy the confidence of the people. It 
is naïve to believe that presence of a military 
armed with "unrestricted and unaccounted 
powers",5 would be a source of comfort to the 
Muslims of J&K, who have borne the brunt of 
atrocities. Unfortunately, this reality has 
escaped public perceptions  of J&K.
While crimes by government forces occur in other 
parts of India as well the difference is that in 
J&K it is the scale, simultaneity and sustenance 
of which set them apart. A death toll over two 
decades of 70,000, detention of more than 60,000, 
torture of at least 20,000 detainees, enforced 
disappearance of 8,000, denial of passports to 
60,000 persons are evidence of this. As an aside, 
it is worth noting that when Nandigram hogged the 
limelight the local media contrasted the outcry 
over the incidents there with the muted response 
of India's democratic minded people to 18 years 
of repression  in J&K.

Limits of Peace Process

What perpetuates a narrow minded perspective is 
the belief that with Pakistan and India now 
engaged in working out a deal between themselves 
and imposing it on the people of J&K the 
situation is on the   mend. What is missed out is 
the fact that precisely for this reason no longer 
does the militancy depend on outside assistance 
for training nor has the resist- ance wilted. And 
however much infiltra- tion is cited to whip up 
public support outside J&K, even the security 
forces are split on its importance. The Deputy 
Inspector General of Border Security Force once 
said that more than infiltration it is an 
estimated 1,000 militants already present in J&K 
who pose a bigger problem (Indian Express, June 
29, 2007). Be that as it may, to this day6 people 
come out in large numbers to mourn the death of a 
militant. In owning the militants as their own 
there is a message not to write off  the 
resistance.

These militants are maligned as "cross border 
terrorists" or "Islamic terrorists", although it 
is the government and the  judiciary, going by 
the Masooda Parveen case,7 which remains innocent 
of the Rome statute, Geneva conventions and 
protocols.

Significance is also attached to recent incidents 
of clashes between people and soldiers. It 
appears that resentment is now spilling over into 
the public sphere.  This overcoming of fear of 
security forces is in many ways the defining 
feature of 2007. Soldiers have been detained, 
paraded and in some cases beaten by villagers and 
even by residents of towns. The presence of the 
armed CRPF soldier in cities is also no longer as 
intimidating as it once was. On Srinagar's 
Residency Road on December 13 a scuffle between 
the CRPF and people saw one jawan being beaten. 
On June 26 two army soldiers were detained and 
paraded by people in Gujjar Patti, Kunan 
(Bandipora) who suspected they were behind the 
attempt to molest a young woman. More recently in 
Kakroosa (Handwara dist) on Decem- ber 15 and 
Panzgam (Kupwara dist) on December 14, personnel 
of the special operations group were detained by 
villagers for attempting to set fire to build- 
ings. There have also been a spate of incidents 
when young boys and girls have protested frisking 
and misbehav- iour by personnel of security 
forces.  Consequently, scepticism mounts over the 
legitimacy of the "peace" process which does not 
address the issue of the presence of hostile 
security forces among civilians and instead has 
turned into an excuse for doing nothing. It is, 
therefore, misplaced enthusiasm to believe that 
we  are anywhere close to a just solution, let 
alone a democratic closure, to a six-decade-old 
dispute.

Notes

1 A remarkable comprehensive four-part study on 
the issue of land occupation by Indian security 
forces in J&K and its consequences is provided in 
Hilal Ahmad's articles in Greater Kashmir of 
December 7, 12, 16 and 24.

2 Khundru was in the news on August 11, 2007 when 
an accident caused explosion in which 40 persons 
died and affected 54,000 kanals of agricultural 
and horticultural land in 13 villages. The 
presence of FADs across J&K, particularly in the 
densely populated valley, is akin to placing a 
weapon of mass destruction, as indeed was the 
case in the Kundroo blast, which affected 30,000 
people in a 225 sq km area. Now in the name of 
modernising the FAD the army has asked for more 
land. 

3 Hilal Ahmad, op cit.

4 See Gautam Navlakha, 'Doctrine for Sub-Conven- 
tional Operations: A Critique' (EPW, April 7, 
2007).  While assembly elections are a good 10 
months away, senior police officers in their 
respective areas have reportedly begun warning 
political activists who are likely to campaign 
for election boycott, to desist from such 
campaigns or else face preventive detention under 
Public Security Act for two years.

5 To borrow the description of the new 
chairperson of the J&K State Human Rights 
Commission.  6 Hundreds of villagers staged a 
dharna in front of Bandipora police station on 
December 23, to demand that the bodies of the two 
militants killed in Papachan village of Bandipora 
district be given to them for a burial befitting 
a martyr.  In the siege of the Mosque at village 
Palan Yaripora in Kulgam district on December 24, 
three militants died. The next day thousands 
gathered to complain against security forces and 
demanded the bodies of the militants and then 
joined in the last rites.

7 See Missing in Action: A Report on the 
Judiciary, Justice and Army Impunity in Kashmir 
by Public Commission on Human Rights (J&K) and 
People's Union for Democratic Rights (Delhi), 
November 2007. It is worth noting that in 
contrast to the muscular tone of national 
security employed by the government, the language 
of resistance in J&K has become acutely 
political. This change among other changes have 
yet to be noted by commentators.

_______


[4]  INDIA: SHRINKING FREEDOM OF EXPRESSION - 
Taslima Nasreen, MF Hussain and a growing list of 
victims

[As this SACW compilation goes out the Indian 
media has reported that Taslima Nasreen's visa 
which was due to expire on the 17th February 2008 
has been extended for a period of six months, but 
that she will remain confined to her state run 
'safe house' somewhere in Delhi. All SACW 
subscribers are requested to keep writing to the 
Indian authorities to grant here Indian 
citizenship and to remove all restrictions on her 
freedom of movement. ]

o o o

(i)

[February 9, 2008]

PUBLIC STATEMENT BY FORUM FOR THE PROTECTION OF FREE SPEECH AND EXPRESSION

At a time when India is projecting itself on the 
world's stage as a modern democracy, while it 
hosts international literary festivals and book 
fairs, the Government of India, most mainstream 
political parties and their armed squads are 
mounting a concerted assault on peoples' right to 
Free Speech.
It is a matter of abiding shame that even as some 
of the world's best-known writers were attending 
the Jaipur literary festival and prestigious 
publishers were doing business at the World Book 
fair in Delhi, the exiled Bengali writer Taslima 
Nasrin was (and is) being held in custody by the 
Government of India in an undisclosed location 
somewhere in or around Delhi in conditions that 
amount to house arrest. Contrary to misleading 
press reports stating that her visa has been 
extended, her visa expires on the 18th of 
February, after which she is liable to be 
deported or remain confined as an illegal alien.

Taslima Nasrin is only one in a long list of 
journalists, writers, scholars and artists who 
have been persecuted, banned, imprisoned, forced 
into exile or had their work desecrated in this 
country. At different points of time, different 
governments have either directly or indirectly 
resorted to these measures in order to fan the 
flames of religious, regional and ethnic 
obscurantism to gain popularity and expand their 
'vote-banks'. Every day the threat to Free Speech 
and Expression increases.

In the case of Taslima Nasrin it was the CPI (M) 
and not any religious or sectarian group who 
first tried to ban her book Dwikhondito some 
years ago. The ban was lifted by the Calcutta 
High Court and the book was in the market and on 
bestseller lists in West Bengal for several 
years. During those years Taslima Nasrin lived 
and worked as a free person in Calcutta without 
any threat to her person, without being the cause 
of public disorder, protests or demonstrations. 
Ironically, Taslima Nasrin's troubles in India 
began immediately after the Nandigram uprising 
when the people of Nandigram, mostly Dalits and 
Muslims, rose to resist the West Bengal 
Government's attempt to takeover their land, and 
tens of thousands of people marched in Calcutta 
to protest the government's actions. Within days 
a little known group claiming to speak for the 
Muslim community asked for a ban on Dwikhondito 
and demanded that Taslima Nasrin be deported. The 
CPI(M)-led government of West Bengal immediately 
caved in to the demand, informed her that it 
could not offer her security, and lost no time in 
deporting her from West Bengal against her will. 
The Congress-led UPA Government has condoned this 
act by holding her in custody in Delhi and 
refusing, thus far, to extend her visa and 
relieve her of her public humiliation. They have 
once again played the suicidal card of pitting 
minority communalism against majority 
communalism, a game that can only end in disaster.

Inevitably, hoping to make political capital out 
of the situation, the BJP is publicly shedding 
crocodile tears over Taslima Nasrin, going to the 
extent of offering her asylum in Gujarat. It 
seems to expect people to forget that the BJP, 
VHP and RSS cadres have been at the forefront of 
harassing, persecuting, threatening and 
vandalizing newspaper offices, television 
studios, galleries, cinema halls, filmmakers, 
artists and writers. Or that they have forced 
M.F. Husain, one of India's best-known painters, 
into exile.

Meanwhile, in states like Chattisgarh, Andhra 
Pradesh and Karnataka, away from the public glare 
of press conferences and television cameras, 
journalists are being threatened and even 
imprisoned. Prashant Rahi from Uttarakhand, 
Praful Jha from Chattisgarh, Srisailum from 
Andhra Pradesh, P. Govind Kutty from Kerala are a 
few examples. As we speak Govind Kutty, who is on 
a hunger strike in prison is being force-fed, 
bound hand and foot. Scores of ordinary people, 
including people like Binayak Sen have been 
arrested and held illegally under false charges.

We the undersigned do not necessarily agree with, 
endorse or admire the views or the work of those 
whose rights we seek to defend. Many of us have 
serious differences with them. We agree that many 
of them do offend our (or someone else's) 
religious, political and ideological 
sensibilities. However, we believe that instead 
of making them simultaneously into both victims 
and heroes, their work should be viewed, read, 
criticized and vigorously debated. We believe 
that the Freedom of Speech and Expression is an 
Absolute and Inalienable Right, and is the 
keystone of a modern democracy.

If the Indian Government deports Taslima Nasrin, 
or holds her as an illegal alien, it will shame 
and diminish all of us. We demand that she be 
given a Resident's Permit or, if she has applied 
for it, Indian citizenship, and that she be 
allowed to live and work freely in India. We 
demand that the spurious cases filed against M.F. 
Husain be dropped and that he be allowed to 
return to a normal life in India. We demand that 
the journalists who are being illegally detained 
in prison against all principles of natural 
justice be released immediately.

Signed:
Mahashweta Devi, Arundhati Roy, Ashish Nandy, Girish Karnad

o o o

(ii)

SAHMAT
8, Vithalbhai Patel House, Rafi Marg
New Delhi-110001
Telephone-23711276/ 23351424
e-mail-sahmat at vsnl.com

13.2.2008

PRESS STATEMENT ON TASLIMA NASRIN

It is a matter of great anxiety that the exiled 
Bengali writer Taslima Nasrin is still being kept 
in an undisclosed place by the Government of 
India. It is learnt that she is not allowed any 
visitors and cannot move freely. Her visa expires 
on the 18th of February, after which she is 
liable to be deported. While we may or may not 
agree with the views or the work of Taslima 
Nasrin, we believe that her right to freedom of 
speech and expression is inviolable. We demand 
that her visa be extended with immediate effect 
and she be provide a congenial atmosphere to live 
and work.

Ashok Kumari
For
SAHMAT

o o o

(iii)


Dawn
February 11, 2008

TASLIMA LIVES SOMEWHERE IN DELHI, HUSSAIN IN DUBAI

by Jawed Naqvi

Raj Thackeray doesn't like Bihari migrants in 
Mumbai to practise their way of worship, for 
example their native Chhat Puja or water worship. 
His mentor Bal Thackeray had similar issues with 
ethnic Tamil immigrants. That was way back in 
time, before he turned his benign gaze upon the 
Muslim and Christian communities of Mumbai even 
if they happened to be Marathi speakers.

Narendra Modi in Gujarat too doesn't like Muslims 
or Christians in his state. In fact he doesn't 
like secular Hindus either. Renowned artist MF 
Hussain whose studio in Ahmedabad was destroyed 
under Modi's watch now lives in exile for fear of 
his life and danseuse Mrinalini Sarabhai is 
stoically coping with the full blast of the 
state's ire. Any Hindu would face it in Gujarat 
if they spoke for an equal law for the minorities 
as Sarabhai did.

But minority groups are not far behind in 
championing their own narrow mindsets. They have 
played havoc with Muslim women's rights. They 
have hounded Bangladeshi fugitive writer Taslima 
Nasrin, on at least one occasion physically 
assaulting her and threatening to have her killed 
for alleged blasphemy. The state has done one 
better. It has put Taslima Nasrin under an 
undeclared house arrest. Women writers who spoke 
to Taslima say she fears she would be deported. 
Her visa expires on 18th February. The government 
it seems has falsely claimed that it has been 
extended. If the virtual house arrest is the 
state's way of keeping her secure from rightwing 
Muslim rabble-rousers who could harm her, it is 
tantamount to the cure being worse than the 
ailment. If Taslima has written something 
blasphemous, as perhaps she has in one of her 
books, a democratic state should be able to 
intervene to deliver fair justice without 
compromising on its commitment to either free 
speech or religious freedom.

The idea of India as the founders envisaged it 
was to have such a complete democracy in this 
country that it would give every single citizen, 
or a fugitive, or the casual visitor each and 
every freedom conceivable in a civilised world. 
That idea was enshrined in the Constitution of 
India. It remains the only bible the state is 
authorised to consult to resolve a substantive 
difference of opinion it may have with the people 
or to end a dispute about a matter of principle 
between them.

The founders neither desired nor offered room, in 
their delicately crafted idea of a nation state, 
for religious, regional, linguistic or ethnic 
mindsets to be entertained by the state's 
representatives. This of course did not mean that 
they had failed to observe a few of these slants 
blossoming and flourishing in their time, but 
these were not given any space in what we 
generally know as public affairs. Of course the 
founders were aware that with a surfeit of 
regions, religions, languages and ethnicities 
co-existing cheek by jowl there would be 
differences or disputes that needed to be handled 
with care and special firmness.

Most of the biases India has inherited are 
chronic and cultural in their origin with a 
history of at least a few hundred years. In some 
cases, tendencies bequeathed by the hidebound 
caste system go back a few thousand years in 
history. All these have been found difficult to 
wish away. However, other forms of mistrust 
evolved meanwhile from modern classes and social 
groups thrown up by colonial and post-colonial 
economic quests. Consequently, India is currently 
divided between the worldview cherished by 20 to 
30 per cent of its citizens who are destined to 
enjoy the fruits of its economic policies and the 
70 to 80 per cent of those who are condemned to 
wait with fading hope for their space under the 
shining sun since 1991. The tussle of the rich 
and the have-nots acquires the form of irrational 
prejudices too which erupt occasionaly like in 
Raj Thackeray's sermon to the Biharis who are 
otheriwse a poor hardworking lot.

The main political parties who had hitherto lived 
by taking money from the rich and the vote from 
the poor with the promise to protect them from 
each other are being compelled to consider more 
surgical methods to keep the 30:70 apartheid 
intact. Since in a democracy 70 per cent can 
easily vote out all policies that favour a mere 
30 per cent, a method had to be evolved to break 
the brute majority of the have-nots. The staple 
so far has been to woo votes from among the 70 
per cent by playing up their parochial 
prejudices. Muslims make a large and readymade 
vote bank here. Hindus are a lot more difficult 
to weld together as a voting lobby. We know of 
'AJGAR' and 'MY' factors in Indian elections, 
representing Ahir, Jat, Gujar, Adivasi and Rajput 
in parts of north and western India and 
Muslim-Yadav in Bihar. These are all 
predominantly Hindu groups but usually at 
loggerheads with each other. Yet the overwhelming 
majority of India's Hindus, Muslims, Buddhists 
and Christians belong to the 70 per cent of the 
have-nots. This should ideally pit them against 
the 30 per cent predominantly Hindu interest 
groups who are ruling the roost. Such a 
democratic coup would be unacceptable to the 
Indian state as it has evolved. Therefore, Messrs 
Thackeray and Modi are assigned a pivotal role to 
sort out the mess.

The imageries of Taslima and Husain are useful in 
this respect. Taslima, it is said, has hurt 
Muslim sentiments with her blasphemous writings 
and Hussain, we are told, has hurt Hindu 
sentiments with his supposedly offensive 
paintings of goddesses. But Taslima has been in 
Kolkata for years after she wrote Dwikhandita, 
the evidently objectionable book. So what has 
happened suddenly to bring her alleged apostasy 
into the mainframe of Muslim ire? The answer 
comes from a direction that is surprising. It has 
been suggested by a growing number of respected 
intellectuals that the communist government in 
West Bengal, hitherto regarded as the repository 
of secular virtues, is quite a lot responsible 
for targeting Taslima. Her criticism of the 
violence, which communist cadres had unleashed on 
the impoverished Dalit and Muslim residents of 
Nandigram is said to be a key reason for 
Taslima's current misery. So it is a sad day 
indeed that the left also appears to have 
acquired the methods of "bourgeois" rule it had 
so far fought tenaciously. The left's apparent 
culpability in the Taslima affair, and its 
willingness to use Muslim communalism even though 
it has been the target of Muslim obscurantist 
groups in the past, is a new development in the 
equation.

The anger, if not complete disillusionment, with 
the left seems to have outraged large swathes of 
left sympathisers and ordinary democratic 
opinion-makers across India. Implied in their 
criticism is the call to the left: stop behaving 
like the Congress and the BJP. Eminent writers 
such as Mahashweta Devi, Arundhati Roy, Ashish 
Nandy and Girish Karnad have called a major 
meeting this week to demand the release of 
Taslima Nasrin and the safe return of Hussain 
from Dubai, among other issues. But the most 
interesting message in this meeting to my mind 
will be a word of caution to the Left Front to 
distance itself from the brand of politics that 
breeds mediaeval prejudices.

The writers have taken measures of course to 
ensure that the BJP gets no succour from their 
ire against the Congress and the left. They 
released a statement on Sunday ahead of a public 
meeting on Wednesday. It says: "Inevitably, 
hoping to make political capital out of the 
situation, the BJP is publicly shedding crocodile 
tears over Taslima Nasrin, going to the extent of 
offering her asylum in Gujarat. It seems to 
expect people to forget that the BJP, VHP and RSS 
cadres have been at the forefront of harassing, 
persecuting, threatening and vandalising 
newspaper offices, television studios, galleries, 
cinema halls, filmmakers, artists and writers. Or 
that they have forced MF Hussain, one of India's 
best-known painters, into exile."

The writers also raised an alert about the little 
known incarceration of journalists in states like 
Chattisgarh, Andhra Pradesh and Karnataka. "Away 
from the public glare of press conferences and 
television cameras, journalists are being 
threatened and even imprisoned. Prashant Rahi 
from Uttarakhand, Praful Jha from Chattisgarh, 
Srisailum from Andhra Pradesh, P Govind Kutty 
from Kerala are a few examples."

o o o

(iv)

Rediff News

WHY IS TASLIMA NASREEN A PRISONER?

by Indira Jaising

February 12, 2008

Taslima Nasreen's incarceration, by the 
government of India is now an established fact. 
In a recent article in the Times of India, she 
describes herself as a 'prisoner'. The truth 
seems to be, she is being held as a detainee 
under Section 3 of the Foreigners Act 1946. 
Strange as it may seems, the government does have 
the power to hold her in custody under Section 
3(e) of the Foreigners Act. However, one would 
have thought that for a person lawfully in the 
country, as Taslima is, no such powers could be 
exercised.

The power is meant to deal with foreigners who 
commit crimes and are for some valid reason, 
wanted or needed by the law for extradition or 
deportation. Taslima is not in that situation and 
yet she has been in the custody of the government 
of India since November 2007. Taslima has 
committed no crime nor has she violated the terms 
of her visa. On the contrary, crimes have been 
committed against her.

Her deprivation of liberty is therefore not 
capable of any rational explanation. Perhaps, the 
only explanation that could be offered is that 
she is being held in custody in her own interest, 
as a measure of protection against criminal 
elements who assault her for her writings. The 
question then would be does providing security 
require her to be in custody at an unknown 
destination?

She has been in the country for a long time now, 
with no security problems. Why then this sudden 
concern for her security, such that it warrants 
her being at an unknown location? Could it be 
that the idea of the detention is to make her 
wait till her visa expires and then deport her? 
Or perhaps to tire her out to the extent that she 
leaves 'voluntarily'. Both options are deplorable.

Taslima has a right to know well in advance 
whether she is being granted an extension of her 
visa or not, to enable her to make an effective 
representation against a possible deportation. 
She and the rest of the nation are being kept in 
the dark about her legal status in this country.

She has been prevented from disclosing her 
whereabouts or from seeking legal advice. It is 
true that she has not taken any legal action 
against her situation, but she is after all, in 
this country on a visa which can be cancelled at 
any time and she can be deported. And she lives 
on hope that the Indian government will honour 
its commitment to her and grant an extension.

It is not often understood that foreigners too 
have constitutional rights, one of most important 
of them being the right to life and personal 
liberty. Clearly Taslima's right to life and 
liberty have been violated by her detention. 
Unless the government has good reasons to justify 
her detention, she must be set free. Taslima has 
been wronged against. She has the right to be 
informed about her visa status, it is of vital 
important to her to know if she is a legal 
immigrant. After February 17 she is liable to be 
an illegal immigrant, if her visa is not 
extended. She has a right to meet people of her 
choice, her publishers, her lawyer and her 
friends, all of which have been denied.

We as Indian citizens have a right to meet her as 
much as she has a right to meet us. Many years 
ago, the Supreme Court held that a journalist has 
a right to meet people in prison to write about 
their conditions of detention. We seem to 
forgotten those rights.

Taslima has applied for Indian citizenship and 
she has a right to know the status of her 
application. Her parents were born in undivided 
India and that makes her eligible for Indian 
citizenship. She has not been given any 
information on the status of her application.

Taslima is a refugee from her own country and has 
been in exile for the last 12 years and more. It 
is true that she has a Swedish passport which 
enables her to travel but that does not make her 
any less a refugee. She has repeatedly said that 
she has no links with Europe and would much 
prefer to be in India, a country with which she 
and her country share a history, culture and 
language. She is no less an exile or a refugee 
who is entitled to be treated by India  as a 
refuge and entitled to refuge in the country of 
her choice.

Indira Jaising is a senior Supreme Court lawyer
_______


[5] INDIA: STATEMENTS BY CONCERNED CITIZENS 
PROTESTING DISRUPTION OF FILM SCREENING IN BHOPAL

Copy of the Memorandum submitted to the Resident Commissioner

Dated 13 th February 2008

To

The Resident Commissioner

Government of Madhya Pradesh

Delhi

Sub : Assault on freedom of expression

Greetings !

This is to convey to you our deep sense of 
anguish at the recent developments in Madhya 
Pradesh where the connivance of the 'lunatic 
fringe' of the Sangh Parivar with the different 
levels of state administration have created a 
situation where right to freedom of expression is 
being trampled with impunity.

The manner in which private screening of 
Shubhradeep Chakravorty's recent documentary on 
encounter killings in Gujarat titled 'Encountered 
on Saffron Agenda' was disrupted and the 
participants to the programme were humiliated and 
brutalised by the combined might of the police 
and the Bajrang Dal goons is a case in point.

Yuva Samvad, an informal organisation of Youth 
had organised the screening of the documentary on 
7 th February at AICUF Ashram, Bhopal. 
Shubhradeep a New Delhi based documentary 
filmmaker and the director of the film,  who has 
received critical acclaim with his earlier 
documentary on Gujarat genocide 2002 named 
'Godhra Tak' , was also present on the occasion 
to participate in the ensuing discussion.The 
screening of the documentary was supposed to 
start at 7 p.m. but before it could happen a 
horde of Bajrang Dal activists numbering around 
70 came to the venue and disrupted the show . The 
police instead of nabbing the miscreants forced 
the organisers of this screening to cancel the 
programme itself.

It may be told that the latest documentary which 
was shot in seven states, is based on 
investigative documentation of few encounter 
killings in Gujarat in recent times. A 
significant commonality between all these 
encounters was that those killed in these 
encounters were said to have on a mission to kill 
the Chief Minister Narendra Modi who had 
allegedly organised the 2002 genocide of Muslims 
in the state after Godhra train burning incident.

It was widely reported that in its recent 
National Executive meeting Mr Rajnath Singh, 
President of BJP exhorted BJP ruled states to 
follow the 'Gujarat Model' . Can one then say 
that the organised attack is a precursor to 
bigger attacks to make M.P. a new citadel of 
Hindutva. Or it should be seen as the last ditch 
attempts by saffron brigade which is loosing 
popular support and where its ministers 
themselves have no qualms in complaining about 
the growing corruption of the administration, to 
suppress any voice of dissent and difference.

Whatever might be the case , we would like to 
emphasise that the MP state government led by Mr 
Shiv Raj Singh Chauhan has utterly failed in its 
constitutional duties to protect the right to 
freedom of expression. It is high time that state 
takes corrective action.

We demand

i) The policemen involved in this act be immediately punished.

ii. The miscreants belonging to the Bajrang Dal 
be immediately nabbed and cases are filed against 
them.

iii. The government should henceforth take extra 
care that there such incidents do not recur

Anand Patwardhan, Simantini Dhuru, Rakesh Sharma, 
Shyam Benegal, Ali Kazimi, Meena Manji, Nirmala 
Nair, Prashant Kadam, Joseph Joshi, Vidyarthi 
Chatterji, S.Kuwalekar, Anjali Monteiro, 
K.P.Jayshankar, Rajashree, Pinaki Chatterjee, 
Nilanjan Bhattacharya, Meghnath, Biju 
Toppo,Vijaya Mulay, Aruna Raje Patil, Neela 
Bhagwat, Amarendra Dhaneshwar, Rani Day Burra, 
Mahnoor Yar Khan, Amudhan, Jabeen Merchant, 
Chandita Mukherji, Sunil Shanbag, Shohini Ghosh, 
Prasad Chacko, Javed Ameer, Ashfaq Mohammed, 
Bharat Parmar, Bharatsinh Jhala, Sushila 
Prajapati, Beena Jadav, Khalid Chaudhary, Charu 
Pankaj Gargi, Pankaj Butalia, Shoma Chatterji, 
Nilosree Biswas, K.S. Sudeep, Yousuf Saeed, Ajay 
Bhardwaj, Krishnendu Bose,


  o o o


Progressive Students Union (PSU)

Pragatisheel Yuva Sangathan (PYS)

Delhi

(Contact : 9868567425 /  9868663932)

Dharana at M.P. Bhavan

To Protest Assault on Freedom of Expression


Press Release : Delhi - 13 th February 2008

A joint dharana of intellectuals, cultural 
activists and members of mass organisations of 
students, youth and women was held today at M.P. 
bhavan today to protest the growing assaults on 
freedom of expression in the state. Protesters 
were specially agitated over recent developments 
in Madhya Pradesh where the connivance of the 
'lunatic fringe' of the Sangh Parivar with the 
different levels of state administration have 
created a situation where right to freedom of 
expression is being trampled with impunity. A 
memorandum duly approved by leading documentary 
makers and signed by other participants was also 
submitted to the resident commissioner to convey 
the demands of the protesters to the M.P. 
government.

Addressing the meeting speakers underlined the 
manner in which private screening of Shubhradeep 
Chakravorty's recent documentary on encounter 
killings in Gujarat titled 'Encountered on 
Saffron Agenda' was disrupted and the 
participants to the programme were humiliated and 
brutalised by the combined might of the police 
and the Bajrang Dal goons.

It was told that Yuva Samvad, an informal 
organisation of Youth had organised the screening 
of the documentary on 7 th February at AICUF 
Ashram, Bhopal. Shubhradeep a New Delhi based 
documentary filmmaker and the director of the 
film,  who has received critical acclaim with his 
earlier documentary on Gujarat genocide 2002 
named 'Godhra Tak' , was also present on the 
occasion to participate in the ensuing 
discussion.The screening of the documentary was 
supposed to start at 7 p.m. but before it could 
happen a horde of Bajrang Dal activists numbering 
around 70 came to the venue and disrupted the 
show . The police instead of nabbing the 
miscreants forced the organisers of this 
screening to cancel the programme itself.

Underlining the failure of the MP state 
government in protecting the right to freedom of 
expression it was demanded that the 
policepersonnel involved in this act be 
immediately punished, the miscreants belonging to 
the Bajrang Dal be immediately nabbed and cases 
are filed against them.


_______


[6]

The Telegraph
February 14 , 2008

MUSEUM FROM RIOT CINDERS

by Basant Rawat

(Top)The Gulbarg Society building and Jafri's widow.

Ahmedabad, Feb. 13: Out of the charred remains of 
Gulbarg Society's riot-wracked homes will rise a 
"museum of resistance", if Teesta Setalvad has 
her way.

The Mumbai-based rights activist is planning to 
turn the Ahmedabad housing society where Congress 
MP Ehsaan Jafri was burnt alive and 67 killed by 
Godhra rioters in 2002 into a world-class museum.

The idea is to build a memorial to the innocent 
people who lost their lives during the mindless 
carnage and make it a rallying point for the 
movement against communal violence.

"For those of us at Citizens for Justice and 
Peace who have devoted the better part of 
two-and-a-half decades battling the forces of 
communalism, hatred and division, this will be an 
effort to institutionalise resistance and 
energise survivors and human rights defenders," 
Teesta said.

Since the carnage six years ago, Gulbarg Society 
in the heart of the city has been like a mini 
ghost town. None of the residents of the 
once-prestigious minority complex - it has 19 
bungalows and eight flats - has dared to return, 
opting for safety rather than their former homes.

Most of the violence-scarred residents are 
willing to give up their homes and make way for 
the museum, provided they get the market price 
for their property, Ehsaan Jafri's son Tanvir 
said.

"A museum will be a genuine tribute to those 
innocent people who were killed not just in 
Gulbarg but elsewhere in Gujarat," Tanvir said.

He said he had once wanted to turn his house into 
a museum and install his father's statue in it. 
But he junked the idea because friends told him 
the idea was "un-Islamic".

Teesta said she anticipated the Narendra Modi 
regime to block the proposal as the BJP and the 
Sangh would naturally prefer to bury the ghastly 
memories of the riots that bled Gujarat, which 
was under BJP rule then, too.

"Even if I have to approach the Supreme Court, I 
will not give up the idea. The movement for the 
museum is part of our battle against the 
vindictive state," she said.

Teesta plans to go to the public to raise money 
to pay off the residents willing to give up their 
abandoned homes.

A former resident, Sharif Sheikh, said he was a 
little sceptical because a museum would enshrine 
memories of the massacre and force him to relive 
the trauma of losing his loved ones.

Besides, visitors to the memorial would try to 
seek out survivors for a first-hand account of 
what happened. "We cannot go on narrating the 
same old story again and again," he said.

But of late, he and most other survivors who stay 
in Juhapura, a minority ghetto of sorts, and do 
odd jobs for a living had come round to the idea, 
he said.

"I am least bothered about anything. I'm only 
interested in selling my house where I cannot go 
back to live. If I get the market price for my 
house, I will be happy," he said.

The museum will be put in place with help from 
architects, historians, artists and writers. 
Every year on February 28, the day of the 
carnage, a programme will be held to commemorate 
the horrors of communal violence and stress the 
need to eradicate it.

All related literature, documents, art, posters 
and film graphics will be on display, Teesta said.

"From the ashes of these memories will emerge the 
understanding that will give shape to the 
resistance we are trying to build," she said.

______


[7]

The Guardian,
February 14, 2008

FAILED BY RELIGIOUS LAW

The Archbishop of Canterbury's comments have 
opened the closet on those most let down by faith 
community justice - women

by Pragna Patel


By calling for a debate on the place of personal 
(religious) laws in a modern democratic legal 
system, the Archbishop of Canterbury has done us 
all a big favour. Much of what goes on behind 
closed doors involves powerbrokers from the state 
and minority communities sitting together to 
shape a social contract, devoid of any notion of 
social justice and democratic accountability. So, 
as a member of a long-standing black women's 
group, I for one am thankful that he is making 
transparent views that we believe are more widely 
shared.

We have often encountered such views when seeking 
to assert the human rights of some of the most 
vulnerable sections of our communities. The 
sentiments expressed by the archbishop are 
indicative of those who call themselves 
"progressive" or "liberal" but who are often the 
most insidious. Why? Because in the rush to be 
tolerant or sensitive to religious difference, 
they have created the space for the most 
authoritarian and even fundamentalist religious 
leaders to take control of our communities. We 
are witness to the consolidation of the "faith 
agenda" promoted by the government in the name of 
"cohesion and integration", a process in which 
the undemocratic power of "moderate" 
(authoritarian if not fundamentalist) religious 
leaders has come to be institutionalised at all 
levels of society. They have been actively 
encouraged to take over spaces once occupied by 
the secular welfare state or progressive secular 
groups committed to challenging structural 
inequality.

The painful everyday realities of many minority 
women and children show that there is nothing 
"moderate" about the way in which such leaders 
have dictated the social agenda. A glance at 
their demands will show that most are about the 
need to retain "purity" of religious identity, 
through the control of women's minds and bodies. 
Many promote violent forms of sharia and 
religious laws both here and abroad. These same 
leaders have created a climate of intolerance and 
fear against those who seek to question or 
dissent from prevailing religious or cultural 
norms. That is why demands for blasphemy laws, 
separate schools and personal laws to govern the 
family affairs of the community are at the 
forefront of their agenda.

But I am not just talking about extreme examples 
of control. I refer also to the everyday 
experiences of abuse and violence to women and 
children in which religious community leaders are 
implicated. Over some 30 years, we have never 
known of women resorting to the civil law for 
divorce, injunctions and custody of children 
without first having exhausted internal methods 
of resolution through community and religious 
structures. It is only when they are failed at 
every turn that they seek justice from the wider 
legal system. Most when listened to, are 
encouraged to return to abusive families, having 
first been castigated for being disloyal to their 
religion and culture. (The experiences of the 
many Jewish women who have had to endure the Beth 
Din system also confirms the unequal status 
accorded to women in these undemocratic community 
arbitration schemes.)

The idea that civil law should to a greater 
degree, accommodate cultural and religious 
difference in family matters is equally 
vulnerable to challenge. Such accommodation is 
problematic because in many instances it would 
necessarily involve shoring up patriarchal and 
caste power, resulting in the violation of 
fundamental human rights, especially the right of 
choice and autonomy for women and girls in 
particular.

It is true, as Ayesha Khan pointed out earlier 
this week in the Guardian, that most minority 
(not just Muslim) women, harbour a strong 
instinct to fight for their rights. This is 
precisely why any move to limit their rights by 
institutionalising discriminatory value systems 
within the wider legal system will be dangerous. 
Those who need our help the most are those who 
are the most powerless to determine their 
choices. Women approaching religious councils 
which have no formal legal value in any country 
(including Muslim countries) are not exercising a 
right, but merely demonstrating to their 
communities that they are not defying their 
norms. Our experience shows that what many 
eventually want the most, is the right to opt out 
of those aspects of their religion and culture 
that they consider oppressive, without fear of 
repercussions.

If the archbishop wished to do so, he would also 
avoid framing this debate as if black and 
minority people can't claim ownership of the 
human rights principles and norms that now 
underpin the English legal system. At best, the 
archbishop is dangerously misguided in his 
attempt to assert a tolerant liberalism. At 
worst, he seeks to shape a larger agenda in order 
to privilege all religionists.

______


[8]   Announcements:


PRESS INVITE

JNUSU and Forum for Democratic Initiatives (FDI) invite you to a

Press Meet

Case Of False Framing Of Aftab Alam Ansari and 
Justice Against Witch-Hunt Of Minorities

Date: 15.2.08            Venue: IWPC         Time: 2.00pm

Speakers:

Aftab Alam Ansari,

the victim of false terror charges and torture. 
An employee of the Calcutta Electric Supply 
Corporation (CESC), Aftab, was arrested and 
tortured on false charges of being a 'terrorist' 
by the STF of UP in conjunction with Kolkata 
Police on 27 Dec 07. After being tortured for 20 
days he was eventually released and proved 
innocent due to the efforts of his mother.

Md. Sohaib Aftab's Lawyer

Piyush Shrivastava Journalist (Mail Today) who first made

Aftab's story public

Manoj Kr. Singh ( Dainik Hindustan, Gorakhpur Correspondent)

Prashant Bhushan, Supreme Court advocate

Prof. Tanika Sarkar, JNU

and Office Bearers of the Jawaharlal Nehru University Students' Union
and Forum for Democratic Initiatives.

The meeting and the Press conference are being 
organized to highlight the atrocities on Aftab 
Ansari, demand due justice and compensation, and 
also to emphasize  the rampant witch-hunt against 
minorities that
is going on in UP at this juncture in the name of "war on terror".

Please ensure your presence and support by 
sending your correspondent and 
photographer/cameraperson to cover the event.

Sandeep Singh,

President, JNUSU,


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

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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