SACW | Dec 19-20, 2008 / Nepal's Disappeared / Pakistan-India ties nose dive / Draconian anti terror laws

Harsh Kapoor aiindex at gmail.com
Fri Dec 19 21:24:29 CST 2008


South Asia Citizens Wire | December 19-20, 2008 | Dispatch No. 2593 -  
Year 11 running
From: www.sacw.net

[1] Pakistan: UN Report on Conflict-related Disappearances in Bardiya  
District, Nepal
[2] Bangladesh: In defense of secularism (A.J.M. Shafiul Alam Bhuiyan)
    + Jamaat's version of history (Edit, The Daily Star)
[3] Attacks in Bombay and the fallout on India Pakistan Ties:
     (i) Test of statesmanship (I.A. Rehman)
    (ii) Hasten The Indo-Pak Peace Talks (Najam Sethi)
    (iii) How could flowers blossom here? (Murtaza Razvi)
    (iv) Mumbai attack could be as much Oklahoma City as it was 9/11  
(Jawed Naqvi)
[4] Mumbai attacks and its Fallout in India: Anti terror laws  
introduced that might turn India into a police state
      (i) India: New Anti-Terror Laws Draconian Say Activists (Praful  
Bidwai)
     (ii) Our Politicians Are Still Not Listening (Colin Gonsalves)
     (iii) Equality before the law? (Editorial, Herald)
    (iv) India: New anti-terror laws would violate international  
human rights standards (Amnesty International)
[5] Latest from India's Hindutva Labs: Gujarat and Orissa
     (i) Surat, Gujarat: A Divided Cityscape (Tridip Suhrud)
     (ii) Orissa Crisis Feared at Christmas (Press Release by AICC)
[6] Violence Today. Actually Existing Barbarism-Socialist Register 2009
[7] Announcements:
- Indians united against terrorism and communalism: A convention  
(Chickmagalur, 28-29 December 2008)


_____

[1]

UN Report on Conflict-related Disappearances in Bardiya District, Nepal

http://www.sacw.net/article436.html

_____


[2] Bangladesh:

(i)


The Daily Star
16 December 2008

In defense of secularism

by A.J.M. Shafiul Alam Bhuiyan

The freedom fighters fought for secularism. Photo: bbyouth.net
SECULARISM remains as an enigmatic concept in our national politics.  
Progressive politicians are yet to be successful in establishing it  
as a principle of governance. The last several years have been tough  
for them, and they were on the run because of the emergence of a  
radical right wing. Many progressive politicians would be happy to  
see secularism remain as a non-issue in the upcoming election.

Unfortunately, they will have to face it. During every general  
election it became an issue. I can share the example of one election  
with you when I, as a journalist at the time, intensively covered  
election processes. It was during the 1996 parliamentary election  
when I traveled across the country to know how common people would  
see the election, who they would prefer for their votes, and what  
they would expect to see after the election.

During that election, one party was subject to a smear campaign that  
if the party would be voted to power, we would hear ululation from  
the mosques instead of azans, since the party holds secularism as one  
of its principles. Many elderly Muslims in rural areas asked me about  
this for clarification.

In our country, ululation is a Hindu ritual. Muslims never did it as  
a practice. But in Arab countries, women, irrespective of religion,  
ululate to celebrate a wedding, to express grief over a death, and to  
show honour to a respected person. In East Africa, women at some  
orthodox churches ululate to call people for prayer. Ululation is not  
a Hindu religious practice; rather it is a cultural act performed  
mainly by the Arabs.

The AL could undo the smear campaign at that time because people were  
fed up with BNP rule. Of course, during AL's tenure we did not hear  
any ululation. Nobody really expected to. People understood that it  
was a ploy to scare voters away from the AL. The AL may encounter  
this propaganda again as we are approaching to a general election at  
the end of this month. One hopes that the four-party alliance will  
not bring this issue back to challenge secularism.

Since the mid-1970s, the right wing politicians hijacked the idea of  
secularism and defamed it as something anti-religious and anti-Islam  
to establish their political legacy, stoking people's fear of losing  
their religious rights, and became somewhat successful. General  
Ershad's declaration of Islam as the state religion and the rule of  
the four-party alliance have weakened the foundation of secularism in  
the country. Religious fundamentalists are now pushing for enacting  
laws to protect religious fanaticism. Having the goal to enact  
blasphemy laws in the election manifesto is one example of that.

It is necessary to re-discover secularism. Secularism is neither anti- 
religious nor anti-Islamic. Secularism means that the government of a  
country should not carry out its day-to-day jobs adhering to any  
religious texts. Religion is for people to practice for their  
spiritual development, if they want. Inherent in the idea of  
secularism is the plurality of religion and tolerance.

In a country, people of multiple religions exist. If the country is  
run by the texts of a particular religion, people from other  
religions will find it discriminating against them. The duty of a  
democratic country is to establish justice and equality and ensure  
the protection of the rights of minorities and vulnerable groups.

Bangladesh is a unique country in terms of its birth. It was created  
as a result of a language-based nationalism, not based on any  
religion. Adhering to this fact, the founding figures outlined  
secularism as one of the principles of state organisation.

The military dictators, who ruled the country after the murder of the  
founding father, initiated the exploitation of religion for their  
political purposes. But one thing Bangladeshi people demonstrated  
time and again is that they are deeply religious, but they do not  
tolerate religious fanaticism in any form or shape.

In the 1960s people stood against Mawdudi's orthodox interpretation  
of Islam. In recent years, people have rallied against religious  
fanatics like the so-called Bangla Bhai, the leader of a religious  
vigilante group who faced capital punishment. People are aware that  
the so-called Islamic parties invoke the religion for their political  
gains.

It is not only Muslim fundamentalists who hate secularism and use  
religion for political gains, but the Hindu, Christian, and Jewish  
fundamentalists also do the same. Secularism emerged as a political  
principle as a result of people's upheaval against Christian churches  
across 19th century Europe.

We can keep faith on the awareness of our people, but hardly can sit  
idle if we want to regain secularism. Muslim fundamentalists have  
gained strength and have got organised and are working round the  
clock to cajole people in the name of religion. Pakistan lends us a  
great lesson here.

Once Pakistan had a vibrant progressive force, but the country began  
to be dominated by fundamentalists with the patronage of President  
General Ziaul Haque in the early 1980s, who, with Middle Eastern  
money and US support, trained various Islamic groups to fight the  
Soviets in Afghanistan. Now not only Pakistan but also the whole  
South Asia including Bangladesh and India is now under threat from  
religious radicals.

The government which we hope to elect through the upcoming  
parliamentary election should initiate a tripartite move involving  
India and Pakistan against religious extremism. Our government's role  
may be critical in this move since we have an opportunity to emerge  
as a mediating force between India and Pakistan if we can have an  
independent stand without moving toward any one of them. I believe  
most Bangladeshis would like to see the country emerge as a key  
player of peace in the increasingly volatile South Asia.

A.J.M. Shafiul Alam Bhuiyan is a faculty member in the Department of  
Mass Communication and Journalism at the University of Dhaka. He  
would encourage feedback at abhuiyan at sfu.ca.

o o o

(ii)

The Daily Star
18 December 2008

Editorial

Jamaat's version of history
Viciously anti-Bangladesh

THE Bangladesh Jamaat-e-Islami, a political party still unrepentant  
of its 1971 role, seems to miss no opportunity to hit out at the  
principles and events that form the very foundation of our  
nationhood. Not long ago, the party's general secretary deliberately  
insulted our Independence War and our freedom fighters by claiming  
that our liberation war was nothing but a civil war and also that  
there were no war criminals in Bangladesh! Later he also said, "If we  
had the same strength in '71 as we have today, then history would  
have been different."

Now, Moulana Nizami, the Jamaat Amir, has uncorked yet another  
shocker by defending the two-nation theory and, terming Bangladesh as  
a product of the same ideology that led to the birth of Pakistan,  
totally ignoring our nationalism, language movement and struggle for  
cultural identity. Jamaat chief's observation did not come as a  
surprise to us, rather it is only natural that they would continue to  
praise their mentor, Pakistan's founder, Quad-e-Azam MA Jinnah.  
Nizami's love for Jinnah and the two-nation theory is understandable,  
as it was the same belief that made them oppose, and collaborate with  
Pakistan to prevent, the birth of Bangladesh. What perhaps reveals  
most strikingly Jamaat's attitude to everything connected with our  
independence movement is the fact that its chief chose an occasion  
like Victory Day to say what he said and hurt the feelings of the  
people, who had to endure the Pakistani atrocities for nine  
excruciating months before liberating themselves.

The Jamaat has acknowledged the War of Liberation in its constitution  
to comply with the RPO. That the party did so more under compulsion  
than conviction has been made clear once more.

The Jamaat Amir has made the outlandish statement that we would never  
have been independent -- had there been no Pakistan. It is not clear,  
though, what independence means to him. What would have happened had  
the Pakistan army, supported by the Jamaat and its killing squads  
like the Al-Badr and Al-Shams, succeeded in its mission of  
perpetually subjugating the people of Bangladesh? We would still have  
been part of a country that committed genocide, destroyed our homes  
and wanted to obliterate our culture and language.

The irony is that the Jamaat leaders are still not realising, or are  
not ready to admit, that what they did in 1971 could only be termed  
crimes against humanity, not to mention against the very people whose  
votes they are seeking, and against the country whose parliament they  
hope to enter.

We are in a sense happy that the Jamaat leaders are actually not  
hiding the fact that the changes brought about in their constitution  
were to hoodwink the people, and did not signal any change of heart  
or mind. We are confident that people will not fail to judge the  
Jamaat's real position on core issues of our nationhood and will let  
their ballot teach them a good lesson.


_____


[3] Attacks in Bombay and the fallout on India Pakistan Ties:

(i)

Dawn
18 December 2008

TEST OF STATESMANSHIP

by I.A. Rehman

APART from anything else, the terrorist outrage in Mumbai put  
Pakistan and India to a grim test. They have not failed — so far at  
any rate. That is the gratifying part of the story. The regrettable  
part is that the South Asian twins do not seem to have struck the  
path of success either. As a result, the huge population of the  
subcontinent is in the grip of fear or anger, both antithetical to  
rational thinking.

Whether so designed or not, the events of Nov 26 had the potential,  
at the very least, to derail the process of normalisation of  
relations between the two neighbours and for precipitating an armed  
conflict between them, at the worst. The movement for a comprehensive  
India-Pakistan accord has no doubt suffered a setback but both sides  
have expressed a keenness to reduce the damage to the minimum. And  
they have been quite forthright in ruling out war.

However, in this state of suspended hostility the threat to regional  
peace will remain alive. Sadly enough, India and Pakistan are still  
engaged in a dangerous debate regarding the identity of the  
perpetrators of the horrible massacre of nearly 200 innocent people,  
and their sponsors. Necessary though such a probe is, total  
concentration on this point amounts to taking a narrow view of the  
matter and entertaining the illusion that the monster of terrorism  
can be overcome by catching and hanging a few culprits and punishing  
their patrons. Anyone opting for this course will be guilty of a  
costly failure to learn from the disastrous consequences of the Bush  
wars.

What is more important than the identity and parentage of the Mumbai  
killers is the fact that they were enemies of the peoples of India  
and Pakistan — they damned the Indians by killing many of them and  
wounding their government’s pride and they damned Pakistanis by  
putting them in the dock.

Without minimising the enormous hurt to the people of India it can be  
demonstrated that the Mumbai terrorists caused much greater harm to  
the world’s Muslims, including those living in Pakistan and India,  
just as Muslims the world over have been more the victims of 9/11  
than the Americans.

The foremost task before the governments and the peoples of India and  
Pakistan is to make every effort to deny the terrorists success in  
their criminal undertaking. The assault on Mumbai was obviously a  
means to an end and not an end in itself.

Since the attack on Mumbai must have been planned many months earlier  
it is not easy to pinpoint the objectives of those who made the plot,  
except for a bid to pre-empt the new Pakistan government’s attempts  
to normalise ties with India. This should have been the overriding  
goal in November too when a couple of other factors — state and union  
elections in India and the Kashmiri people’s shift away from violent  
struggle — might have influenced the terrorists’ planning.

It should not be difficult to recognise the terrorists’ (regardless  
of their parentage) interest in helping India’s communal factions in  
both state and union elections, as similar to their preferences among  
Pakistani political formations. Terrorists everywhere like to see in  
power parties that are committed to the politics of exclusion,  
because of their common roots in intolerance. Likewise, the prospect  
of the Kashmiri people’s return to a non-violent political struggle  
for their rights cannot be welcome to all those who have thrived on  
conflict and confrontation between India and Pakistan, and such  
elements can be found in both countries. This reading of the  
situation offers a fair indication of the course India and Pakistan  
need to follow jointly and severally.

The wave of anger in India is understandable and the emotions of a  
large number of Indians have been whipped up to the extent of making  
them impervious to friendly counsel from abroad. However, India is  
fortunate in having a sizeable community of peace-lovers that must  
not surrender to the jingoism of hate-preachers. Apart from the fact  
that peace is the highest moral ideal for entire humankind, the  
Indian people must be enabled to take into account the prohibitive  
cost of confrontation with any neighbour not only in economic terms  
but also in those of an increase in intolerance of differences based  
on belief, ethnicity or social status.

The people of Pakistan, on their part, have to conduct an honest self- 
appraisal, however agonising it may be. The question whether Pakistan  
has fostered terrorism beyond its frontiers has become irrelevant.  
What is relevant today is that the world is not convinced of its  
disclaimers despite the fact that militants have forced a civil war  
on it. Now it is the international community’s perception that  
Pakistan is up against — and perception is often more effective than  
the truth. Pakistan can escape being branded an international pariah  
only if it undertakes a sincere and concerted campaign against  
extremist elements whose existence cannot be denied.

The question of seeking foreign help in the fight against terrorists  
that are threatening Pakistan’s very existence also needs to be  
studied dispassionately. A state that has no qualms about begging for  
aid to buy palm oil or to keep the administration running should not  
feel shy about asking for help to ward off the terrorists’ challenge.  
It is perhaps necessary to realise that the plea that Pakistan itself  
is a victim of terrorism, though true, could become self- 
incriminatory if it does not produce the required zeal in combating  
terrorism.

Efforts by India and Pakistan to deal with terrorism separately will  
not bear fruit unless they stop demonising each other and start  
acting in concert. Unfortunately, both countries have become  
prisoners of confrontationist forces they have thoughtlessly  
nourished for six decades and more. The leaders of both countries  
appear to be so helpless in the face of these forces that they may be  
afraid of thinking of a summit meeting right now. Such fears will be  
the undoing of the subcontinent as the situation demands boldness in  
the pursuit of peace and goodwill instead of proficiency in sabre- 
rattling or diplomatic sophistry.

The governments of Pakistan and India will not be able to seize the  
present opportunity to close the chapter of adversarial relations  
without the active backing of their respective civil societies. The  
latter alone have possibilities of silencing extremist elements in  
their populations and weaning their media away from their habit of  
fuelling tensions.

In any case both countries should make the fullest possible use of  
the Track-II channels to evolve an agreed approach to terrorism. The  
starting point has to be the realisation that terrorism is not a  
transitional law and order problem, that the roots of the threat to  
both India and Pakistan lie in the pre-Partition communal politics  
and that their future lies in burying that hateful legacy of religion- 
based politics.

o o o

(ii)

Mail Today
19 December 2008

HASTEN THE INDO- PAK PEACE TALKS

by Najam Sethi

THERE is a consensus among Indians and their state and government and  
media that jihadi elements in Pakistan belonging to the Lashkar- e-  
Tayba carried out the Mumbai carnage, with the involvement of unknown  
serving or retired elements of Pakistan’s intelligence services but  
without the complicity of Pakistan’s civilian government.

Fortunately, however, the Indian government and media seem to have  
quietened down a bit after the initial outrage. There is no more talk  
of retaliatory strikes against either state or non- state actors and  
sites in Pakistan; two provocative incursions by Indian jets last  
week have been shrugged away as an “ oversight”; extradition demands  
for the wanted terrorists in Pakistan are not being thundered; and  
the idea of joint intelligence sharing has been spurned.

Unfortunately, however, the peace process is on “ pause”. India is  
insisting that Pakistan should do more to demonstrate its commitment  
to put down terrorism before New Delhi moves on pending conflict-  
resolution issues. It is exhorting the international community, in  
particular the USA and UK, to lean on Islamabad. It is also trying to  
embarrass Pakistan by asking it to accept the bodies of the nine dead  
terrorists as Pakistani citizens as well as a letter purportedly  
written by the surviving terrorist to his parents in Faridkot in  
Pakistan. Is this productive? The agonising fallout of Mumbai seems  
to persist on the Pakistani side. The original state of mass denial  
about any Pakistani state or non- state hand in the Mumbai carnage  
has not even been dented by the evidence of an independent section of  
the Pakistani media which has tracked the lone terrorist in Indian  
hands to Faridkot near Depalpur in Punjab.

EVERY day incredible new explanations of an “ Indian conspiracy” to  
malign Pakistan crop up or are manufactured by hidden hands.

The refrain everywhere is: “ where is the evidence”, as though such  
irrefutable evidence can ever be collected and presented in such  
cases. Indeed, the very existence of special anti- terrorist courts  
and laws and prisons not just in Pakistan and India but elsewhere,  
Guantanamo being the best case in point, points to the difficulty of  
trying terrorists under due process of law.

The civilian government of President Asif Zardari, too, seems to be  
politically backtracking from its earlier readiness to crack down on  
the LeT and its various affiliates. Half- hearted detentions of some  
jihadis aside, the government seems unsure about how to handle the  
charities linked to these banned organisations.

First it was announced that everything would be closed down; then,  
that their charity work would be transferred to state organs; and now  
that it might be allowed to continue under the original umbrella  
bodies. President Zardari had earlier admitted that “ nonstate actors  
in Pakistan might have been involved”; now he is saying that there is  
no “ conclusive proof” of that possibility.

Defense Minister Ahmad Mukhtar has added his two bits worth by “  
clarifying” that LeT leader Hafiz Saeed cannot be detained beyond 90  
days under the Maintenance of Public Order law in the absence of any  
incriminating evidence.

And Ambassador Hussain Haqqani says Jaish e Mohamed leader Masood  
Azhar is probably not even in Pakistan. The Pakistan government is  
also under pressure to hype the war rhetoric, with Prime Minister  
Yousaf Raza Gillani thundering in Parliament amidst much desk  
thumping that Pakistan doesn’t want war but will embrace it  
honourably if it is imposed on it. What’s going on?

For seven years, determined attempts have been made by, first, the  
dubious Musharraf regime and now the elected Zardari administration  
to cobble a national consensus in favour of the war on terror. But no  
such luck. Most Pakistanis still insist it is America’s war and not  
Pakistan’s war, despite the loss of territory and thousands of  
soldiers. On the other hand, the peace process with India by both  
these governments has run for five years since 2003 and covered  
considerable ground in back- channel diplomacy with the support of  
the people, yet it took less than 24 hours after the Mumbai attack  
and the Indian media’s jingoistic outburst for anti- India  
nationalism to seize all of Pakistan and plunge it in a state of  
self- denial. This should tell us something of the hold of national  
security institutions like the army and ISI and their outlook on the  
mindset of Pakistanis of all shades and opinions. It is the same  
religious- nationalist backlash that the Zardari government is now  
facing.

There is media criticism that it didn’t fiercely oppose the UN  
Security Council directives; indeed that it tripped over itself to  
comply with them; and there is apprehension that it may succumb too  
readily to the US- UK axis on the war on terror, this time on India’s  
behalf, in view of the steady stream of Western big- wigs into  
Islamabad, urging it to crack down on the Jihadi organisations.

In fact, the fiery Jamaat i Islami is demanding a maximalist defiance  
of UN resolutions on terrorism, including the new ones favouring  
India, and demanding a withdrawal of the army from FATA and lifting  
of the ban on LeT and Jamaat ud Dawa. Meanwhile, the Pakistan Muslim  
League Quaid is harking back to the UN resolutions on Kashmir and  
insisting that India hasn’t accepted the reality of Pakistan, quite  
forgetting that under Musharraf it went the furthest in normalising  
relations with India and replacing the UN resolutions with out- of-  
the- box thinking on Kashmir.

MR SHAH Mahmood Qureshi, the Pakistani Foreign Minister, has asked  
the Indian government to send a delegation to Pakistan to map out the  
next steps for the two countries to take on how to deal with the  
Mumbai attack and its consequences.

This is a good idea. Given the growing mood of defiance in Pakistan,  
it is not advisable to keep the “ pause” button pressed on bilateral  
relations while suspicions abound all round. What is needed is  
immediate engagement, not gradual distancing.

Of course, this is easier said than done in India which is the  
wounded party. But states have to think in terms of self- interest  
and not honour or pride. The Indian government acted maturely and  
wisely by not reacting militarily to the Mumbai provocation. If it  
had followed in America’s foolhardy footsteps after 9/ 11, it might  
have provoked an un- winnable war in the region. Now it must go the  
extra mile to kick start the peace process that had stalled during  
the last year of Musharraf’s rule and start resolving all conflicts  
one by one so that those state and non- state actors in both  
countries, but especially in Pakistan, who want to plunge the region  
into conflict and anarchy are defeated for all times to come.

The writer is editor of The Friday Times ( Lahore)

o o o

(iii)


Indian Express
December 16, 2008

HOW COULD FLOWERS BLOSSOM HERE?

by Murtaza Razvi

India-Pakistan relations: the view from Karachi

Mann baggia mein aag bhari thi phool kahaan se khilte (fire filled  
the heart; how could flowers blossom here?), crooned a rather in-tune  
whitewash man (an old Noorjehan number from the 1960s) as he applied  
layers of crushed limestone on the office wall outside my room. What  
an apt metaphor — the lyrics and the situation — for what’s been  
happening in Pakistan, and now its fallout on India since last  
month’s horrid events in Mumbai.

But first to India-Pakistan relations in the aftermath of that city’s  
siege by a handful of terrorists who took dozens of innocent lives.  
It’s more than just varying perceptions that dog India-Pakistan  
relations: neither fails the test of expecting the worse of the  
other. If the finger-pointing at Pakistan even as the crisis was  
unfolding was restrained, the situation perhaps would have been  
different today. If the rhetoric had stopped after Prime Minister  
Manmohan Singh asked for the ISI chief to be sent over for help with  
the investigations and President Zardari readily replied in the  
affirmative, posturing by the two sides perhaps would have been less  
antagonistic.

When Zardari went back on his promise the very next day for whatever  
reason, it sent relations spiraling down. Since then New Delhi and  
Islamabad have been talking at each other rather than to each other.  
The media war being fought in the two countries aside, Islamabad and  
New Delhi demand that the opposite side take the first step in  
defusing tensions. India wants concrete action taken against those it  
holds responsible for the Mumbai attacks; Pakistan wants concrete  
evidence before it takes any action. Had it been any country other  
than India, and in which case there perhaps would have been no  
allegations of ISI’s involvement in the matter, Pakistan’s response  
would have been different. When Gordon Brown or Condi Rice come to  
Islamabad and say that Pakistan must crack down against extremist  
groups, no eyebrows are raised; when India demands that so and so be  
handed over to it, all hell breaks loose. It’s simply bad blood that  
refuses to wash clean.

Logically, the unveiling by the media of the family of the known,  
lone survivor among the terrorists, Ajmal Kasab, in the Pakistani  
Punjab village of Faridkot should be all the proof anyone needed to  
establish that Pakistan’s soil was used by terrorists to carry out  
the assaults in Mumbai. But that is not the case anymore because of  
the ongoing media war. It makes the acceptance of the allegation on  
the part of Pakistan as being defeatist; unless India provides  
credible proof of the Lashkar-e-Toiba’s involvement, with or without  
assistance from the ISI. As passions run high “Pakistan shall not  
accede to any demand by India; a request may be considered” is what  
the mood is like, rightly or wrongly, on this side of the border.

Some in Pakistan may find it self-defeating that Islamabad should  
still insist on being given proof of its nationals’ involvement in  
the terrorist attacks by the Indians before it can take decisive  
action against militants operating in and out of this country, but  
such voices will now be considered cowardly given India’s threatening  
posture. The key question, as to why the will in Islamabad to act  
against these killers is so shaky, has taken the backseat. As regards  
the Mumbai outrage and the Indian reaction that followed it, the  
answer lies in the years of nurtured animosity at the worst, and  
mistrust at the ironical best, that have defined India-Pakistan  
relations. That’s why even otherwise sane Indians, as the aggrieved  
party, may now be baying for Pakistanis’ blood. A growing number of  
people in Pakistan have responded by going into denial that some  
Pakistanis might well have been involved in the Mumbai mayhem.

It is surprising and sad in equal measure what a threatening posture  
by New Delhi can do to Pakistanis. Even after the tracking down of at  
least one terrorist’s family here, the Government has lost little  
credibility in its claim that India acted prematurely in assigning  
the blame for the Mumbai tragedy on terrorists operating from  
Pakistan. If it were not for a UN resolution declaring the Jamaat-ud- 
Dawa and its operatives as terrorists, the Islamist group’s  
leadership would still be out preaching hate and destruction of  
everyone who doesn’t subscribe to their worldview; thankfully a  
worldview not shared by the vast majority of Pakistanis.

Terrorist organisations like the Jaish-e-Mohammed and Lashkar-e-Toiba  
may have been banned and their leaders put under house arrest or  
forced to go underground but there is little evidence to suggest that  
such groups’ lower cadres will stop pursuing their destructive  
agenda. Suicide bombings targeting state institutions and personnel  
and attacks among rival sects in Pakistan have continued; proof, if  
one is needed, that merely banning such rogue outfits will not make  
them mend their ways. Sustained action to root out militancy is the  
only way to arrest the growing scourge of religious extremism, with  
or without prodding by India. It threatens Pakistan more than it does  
its neighbours.

Islamabad must realise that after the rude awakening in Mumbai, India  
may well be able to keep such rogue elements out of its territory by  
being more vigilant, even if that means imposing security measures  
bordering on paranoia. It is Pakistan that can burn in the fire  
ignited in its backyard by some of its own, vilest people who are  
allowed to do so — largely unhindered.
Pakistan’s democratic leadership can act independently of its armed  
forces if it enjoys good public support on a given issue; the army  
does not like to be on the wrong side of public opinion. New Delhi’s  
posturing in the aftermath of the Mumbai terrorist attacks makes it  
impossible for the Government to accede to Indian demands and risk  
being seen as acting under Indian pressure; public sentiment demands  
otherwise.

Under the circumstances, engagement and dialogue can accomplish more  
than demands made by India that are seen as threats by a vast  
majority of Pakistanis.


o o o


(iv)

Dawn
December 8, 2008

MUMBAI ATTACK COULD BE AS MUCH OKLAHOMA CITY AS IT WAS 9/11

by Jawed Naqvi

THE Mumbai attacks have opened a season of rare confabulations among  
Indian Muslims, but these cannot be described as introspective. Let  
me explain why. Every other day there are invitations on the mobile  
phone or email by Muslim groups or individuals to join their  
discussions. I haven’t been to one yet, but their cogitations have so  
far produced band-aid to cover a deep gash.

And TV channels are deriving easy pleasure from the fulminations. A  
few channels showed a typical scoop in motion at the expense of the  
image of Indian Muslims. For example, they repeatedly telecast sound  
bites of a mullah in Mumbai who seemed so outraged because the  
terrorists were Muslims that he refused to have them buried in the  
community’s cemetery.

Having thus declared this witless cleric as a model Indian Muslim,  
the channels didn’t feel the need to inform us what then became of  
the bodies of the gunmen. Their titillation over, the anchors  
couldn’t care less if by showing an ignorant man’s rant they had  
applauded the travesty of a civil society. They should know that no  
Constitution, other than perhaps the Taliban’s, endorses the abuse of  
dead bodies. The henna-haired mullah needs to be made aware of this.

In this moment of national grief let’s not turn sorrow into  
vaudeville of jingoists. It’s not patriotic to deny terrorists a  
quiet burial, and the din over it most certainly doesn’t solve the  
problem at hand – of isolating and arresting the growth of mindless  
killers. Bury those boys somewhere in unmarked graves and let them  
rest there so that we can move on to more urgent firefighting. Don’t  
provoke silly comments and pass them on as patriotic.

The other symbolic gesture that Delhi’s Muslim “leaders” have  
reportedly agreed to is to wear a black armband on Eidul Azha to mark  
their anguish at the carnage in Mumbai. Nothing could be more  
cosmetic, meaningless and distractive than to make the token  
observation.

This is a bizarre world of assertive commerce. The first thing that  
TV channels were keen to bring into the frame even though the terror  
attacks were on in full cry was to worry about the Bombay Stock  
Exchange and when it would open. Let’s assume that was a justified  
pursuit. The prompt reopening of the Leopold café, the first to bear  
the brunt of the killing spree, was in fact truly heart warming. It  
reflected the owner’s grit and a practical mind. Then the TV  
discussions turned to which movies would be released and when. And  
movies were released. There were weddings, the usual partying and  
intermittent lighting of candles at the Gateway of India.

Everybody has been trying to carry on with life after the outrage.  
There is no other way. Why should the Muslims, therefore, not  
celebrate life, more so on Eid? What is the purpose behind the black  
armbands idea? Are Muslims required to grieve more than the rest of  
the country, or do they need to display their grief more? Everyone  
else is going to watch movies without any black armbands. The idea to  
wear them to Eid prayers thus looks silly, and yet again is rooted in  
tokenism. But what worries me even more is that there is no secular  
or even religious voice in sight from any direction to tell these men  
and women that they do not really need to display their anguish with  
meaningless gestures, that suspecting their Indianess was as good or  
bad as suspecting their own bona fides.

I think Indian Muslim leaders need to accept that the act of  
terrorism perpetrated in Mumbai, and from which they are trying to  
dissociate themselves by wearing black armbands, is as much their  
responsibility as it is of the state that allows them to nurture  
exclusivist and supremacist ideas in their seminaries. The mullahs  
viciously targeted the beacon of secular poetry, Yas Yagana Changezi,  
for chiding them thus:

Sab tere siwa kaafir, aakhir iska matlab kya!

Sar phira de insaa’n ka, aisa khabt-i-mazhab kya!!

(All others except you are kaafirs, does it at all make any sense?

Why are you so obsessed with your religion, or is it just pretence?)

Timothy McVeigh, who bombed a federal building in Oklahoma City, was  
an alienated member of American society. Can the mullahs deny that  
Indian McVeighs are lurking in the shadows of alienation for a  
variety of reasons that foments satanic ideas of revenge and harm? If  
they are not in denial then they should recognise that helping  
isolate the lurking Mcveighs is far more urgent than demonstrating  
their sympathy with the Indian state.

At one of their meetings, so I am told, Muslim intellectuals and  
priests alike came up with fanciful stories that ranged from the role  
of the Israeli intelligence to that of Hindu extremists in the  
devastation of Mumbai’s high-profile Colaba district. Of the bizarre  
ideas thrown up by these cynics not all should be dismissed without a  
moment’s pause, or even a probe, as it would be cavalier to ignore  
such questions, even if they seem predictable.

One question that caught my eye pertains to the timing. Whoever  
planned the attacks knowingly or otherwise timed them to coincide  
with crucial Indian elections in which an upsurge in jingoism, as has  
happened, would inevitably boost rightwing zealots. In fact, we can  
take it as a given that the results due on Monday of the state polls  
in Delhi, Rajasthan and Madhya Pradesh could decide the next steps in  
the escalation or tempering of hostilities with Pakistan. If the  
Congress is unable to win even one of the three states from the BJP,  
there is a real possibility that it would sustain the hardline  
rhetoric, if not resort to military manoeuvres, against Pakistan to  
brace for general elections expected by April.

Whether it is Al Qaeda that is involved, as Ms Condoleeza Rice and  
the Israelis have hinted could be the case, or the Lashkar-i-Taiba is  
the key player in the attacks as Indian thrust seems to suggest, or  
whether both of them are involved, it does not absolve Indian Muslims  
of their responsibility to prepare for a big battle within their  
ranks against fanatical tendencies that breed terrorism.

To that extent the Indian state is equally culpable for having  
surrendered the community’s fate and identity to an association of  
self-serving clerics. The All India Muslim Personal Law Board has  
proved to be the undoing of the 150 million strong community, as it  
has kept them tethered to mediaeval notions of religion, a fertile  
ground for breeding violence. The clerics earned brownie points  
demanding the ban on Salman Rushdie’s otherwise unreadable book.

They also got the government to overturn a law that empowered Muslim  
women at par with other Indian women in matters of divorce. Even  
today there are pockets in northern India where Muslim clerics are  
holding off a global anti-polio campaign. The other place the polio  
campaign has met with resistance is the Afghanistan-Pakistan border  
regions where the Taliban hold sway. If these clerics share a common  
mindset how can they help fight terrorism, which is an adjunct of  
fanaticism? But why blame the mullahs alone? They have a pact of  
mutual support with all the political parties, including the BJP. Who  
can forget the clarion call by the group called Muslims for Vajpayee  
that came out in support of the former prime minister in the last  
elections?

The attack in Mumbai might resemble the 9/11 plot, or even look like  
an aborted sea-based attack on Israel, but it also has shades of the  
Oklahoma bomber. In other words, it is at least partly home-grown.  
Let us not get away by pointing, as some Muslim leaders have done, to  
the recent discovery of neo-fascist Hindu groups for the Mumbai  
atrocity. These groups may have indulged in false flag attacks by  
pretending to be Muslims elsewhere. But the Mumbai terrorists were  
too spectacular to be blamed on nascent fascists who are under probe.  
To deny any role of Indian Muslim extremists, as facilitators if not  
as plotters, in the Mumbai tragedy would be opportunism with an eye  
on the next elections.


______


[3] Mumbai attacks and its Fallout in India: Anti terror laws  
introduced that might turn India into a police state

	
(i)

Inter Press Service
19 December 2008

INDIA: NEW ANTI-TERROR LAWS DRACONIAN SAY ACTIVISTS

by Praful Bidwai

NEW DELHI, Dec 19 (IPS) - Following the late November terror attacks  
in Mumbai, India has passed two tough laws being seen by rights  
activists as potentially eroding the country’s federal structure and  
limiting fundamental liberties.

Parliament -- meeting under the shadow of the November 26-29 attacks  
on India’s commercial hub resulting in close to 200 deaths --  
approved the legislations on Thursday with no considered debate and  
the ruling United Progressive Alliance (UPA) of Prime Minister  
Manmohan Singh pushing them past amendments tabled by several  
parliamentarians.

One law, the National Investigation Agency (NIA) Act, seeks to  
establish a new police organisation to investigate acts of terrorism  
and other statutory offences.

The other, the Unlawful Activities (Prevention) Amendment (UAPA) Act,  
radically changes procedures for trying those accused of terrorism,  
extends the periods of police custody and of detention without  
charges, denies bail to foreigners, and the reverses the burden of  
proof in many instances.

Civil liberties activists and public-spirited citizens are appalled  
at the new laws, which they describe as draconian and excessive in  
relation to the measures India really needs to take to fight terrorism.

"The UAPA Act is particularly vile, and will have the effect of  
turning India into a virtual police state," says Colin Gonsalves,  
executive director of the Delhi-based Human Rights Law Network. "It  
basically brings back a discredited law, the Prevention of Terrorism  
Act of 2002 (POTA), except for admitting confessions made to a police  
officer as legal evidence."

POTA was an extremely unpopular law, which the UPA government  
abrogated upon coming to power in 2004 in response to innumerable  
complaints of its selective and discriminatory use against India's  
Muslim minority, and its cavalier and irresponsible application to  
offences not even remotely connected with terrorism.

While rescinding POTA, the UPA kept in place all of India's criminal  
laws, which are much stricter than those in many democracies.

In addition, it also enacted an amendment to the Unlawful Activities  
Act, 1967, which increased punishment for committing acts of  
terrorism and for harbouring terrorists or financing them, enhanced  
police powers of seizures, made communications intercepts admissible  
as evidence, and increased the period of detention without charges to  
90 days from the existing 30 days.

However, this was not enough to please those who want a "strong"  
militarised state which will prevent and punish terrorism by  
violating the citizen’s fundamental rights, including the right to a  
fair trial, and not to be detained without charges.

India's main right-wing political group, the Bharatiya Janata Party,  
has been stridently demanding that POTA be re-enacted. Until  
recently, the UPA, the Left and other centrist parties stood firm in  
rejecting the demand despite the numerous terrorist attacks that  
India has suffered over the past few years.

"But now, the UPA has suddenly, and shamefully, caved in to the BJP's  
demand under the pressure of elite opinion," says Jairus Banaji, a  
highly regarded Mumbai-based social scientist. "The capitulation  
seems to be based on the UPA’s anxiety to counter the BJP's  
ridiculous charge that it lacks the will to fight terrorism, and on  
its political calculations about the next general election due by May."

In its desperation to be seen to be taking a tough stand against  
terrorism, the Manmohan Singh government also tabled the NIA Bill  
earlier this week. The new agency will specifically investigate  
offences related to atomic energy, aviation and maritime transport,  
weapons of mass destruction, and Left-wing extremism, besides terrorism.

Significantly, it excludes Right-wing terrorism, which has become a  
greater menace in India.

Unlike the existing Central Bureau of Investigation, which needs the  
consent of a state before investigating crimes there, the NIA will  
not need a state's concurrence. This is a serious infringement of the  
federal system, where law and order is a state subject.

Many state governments and regional political parties have sharply  
criticised the Act on this count. In India, Central agencies are  
politically vulnerable to manipulation by New Delhi and often used to  
settle scores with states ruled by opposition parties.

The NIA Act also provides for special courts to try various offences.  
This too has drawn criticism from eminent lawyers such as Rajeev  
Dhavan, who argues that the potential misuse of this anti-terror  
legislation will now "come from both the states and the union, which  
can hijack the case".

The UAPA Act contains a number of draconian clauses, and is also  
applicable to the entire country -- unlike the Unlawful Activities  
Act, which was originally not extended to the strife-torn state of  
Jammu and Kashmir. This too has drawn protests from Kashmir-based  
political parties and human rights groups.

The stringent clauses cover a broad range, including a redefinition  
of terrorism, harsh punishment extending from five years’  
imprisonment to life sentence or death, long periods of detention,  
and presumption of guilt in case weapons are recovered from an  
accused person.

The new definition now includes acts done with the intent to threaten  
or "likely" to threaten the unity, integrity, security or sovereignty  
of India, and offences related to radioactive or nuclear substances,  
and even attempts to overawe, kidnap or abduct constitutional and  
other functionaries that may be listed by the government. Dhavan  
says: "The list is potentially endless."

Under the Act, an accused can be held in police custody for 30 days,  
and further detained without charges for 180 days, although courts  
can restrict the period to 90 days.

"This is a travesty of constitutional rights and the rule of law,"  
says Gonsalves. "Even worse is the presumption of guilt in case there  
is a recovery of arms, explosives and other substances, suspected to  
be involved, including fingerprints on them. The police in India  
routinely plants such arms and explosives, and creates a false record  
of recovery."

"The very fact that offences such as organising terrorist training  
camps or recruiting or harbouring terrorists carry a punishment as  
broad as three or five years to life imprisonment shows that the  
government has not applied its mind to the issue,’’ Gonsalves added.

Under the Act, there is a general obligation to disclose any  
information that a police officer of a certain rank thinks is  
relevant to the investigation. Failure to disclose information can  
lead to imprisonment for three years. Journalists are not exempt from  
this.

Besides making telecommunications and e-mail intercepts admissible as  
evidence, the Act also denies bail to all foreign nationals, and  
mandates a refusal of bail to anyone if a prima facie case exists,  
which is decided on the basis of a First Information Report filed by  
the police.

POTA and its predecessor, Terrorist and Disruptive Activities  
(Prevention) Act (TADA), were extensively abused. They typically  
targeted the religious minorities, specifically Muslims, and allowed  
for their harassment and persecution.

The TADA story is especially horrifying. Some 67,000 people were  
arrested under it, but only 8,000 put on trial, and a mere 725  
convicted.

Official TADA Review Committees themselves found the law’s  
application untenable in all but 5,000 cases. In 1993, Gujarat  
witnessed no terrorism, but more than 19,000 people were still  
arrested under TADA.

Religious minorities were selectively targeted under both Acts. For  
instance, in Rajasthan, of 115 TADA detainees, 112 were Muslims and  
three Sikhs.

Gujarat had a worse pattern under POTA, when all but one of the 200- 
plus detainees were Muslims, the remaining one a Sikh.

The passing of the two new laws is certain to increase the alienation  
of India's Muslims from the state. They have been the principal  
victims of India's anti-terrorism strategy and activities in recent  
years.

Muslims are first to be arrested and interrogated after any terrorist  
incident, even when the victims are Muslims, and although strong  
evidence has recently emerged of a well-ramified pro-Hindu terrorist  
network, in which serving and retired army officers were found to be  
key players.

Muslims also distressed at the alacrity and haste with which the new  
laws were passed, especially since it contrasts with the UPA  
government’s failure to enact a law it promised five years ago to  
punish communal violence and hate crimes targeting specific religious  
groups.

"This will pave the way for more disaffection amongst Muslims and  
make the social and political climate more conducive to terrorism,"  
argues Gonsalves. "Even worse, it will promote excesses of the kind  
associated with state terrorism. And that is no way to fight sub- 
state terrorism."

o o o

(ii)

Mail Today, 19 December 2008

  OUR POLITICIANS ARE STILL NOT LISTENING

by Colin Gonsalves

ONE would have thought that after the Bombay attack and the public  
outpouring of resentment against politicians, that the establishment  
would get its act in order. One would expect that careful thought  
would go into the making of proposals to combat terrorism and to keep  
the people secure. Instead what do we find? The same old clichés and  
the usual attack on human rights activists.

What the people of India expected, was that the governments would  
give careful thought to making the police a professional fighting  
force oriented towards the security of the ordinary citizens of India  
rather than operating, as it does now, as the protectors of  
politicians. They also expected that the police would eliminate from  
its ranks the use of torture and the vice of corruption, two aspects  
of policing today that make the general public both distrustful and  
fearful of the police.

Listening carefully, however, to the statements of BJP and Congress  
politicians in the media, one can find no reference to the demands of  
the people. Politicians are obviously distracted by the national  
elections scheduled for early next year and even such a serious  
incident of terrorism as the Bombay attack figures even now in their  
consciousness as a vote catching exercise.

In a knee-jerk reaction, GOI proposes to enact The Unlawful  
Activities (Prevention) Amendment Act, 2008. Under section 15, the  
prosecution is to be granted upto 180 days to file a chargesheet (it  
is a 90 day limit today after which the accused is granted bail  
mandatorily), the provisions for bail are stricter, and if arms or  
explosives are proved to be recovered from the accused, then the  
court is entitled to presume that the accused has committed a  
terrorist act.

Indian criminal law provisions rank among the strictest in the world.  
In the US and the UK even after the terrorist attacks in those  
countries, the maximum period of detention without a chargesheet is 2  
days and 28 days respectively. The provisions in India for search and  
seizures are the most liberal in the world.

Supreme Court decisions to the effect that even if the searches and  
seizures are illegal they may still be relied upon in evidence  
against the accused, has given the police a free hand to do all kinds  
of hanky panky while conducting raids. Amendments have been made in  
various statutes to permit interceptions of communications.

Supreme Court decisions after 2000 have watered down the criminal law  
protection of accused persons and have lowered the criminal law  
standard of proof beyond reasonable doubt to such an extent, that  
international jurists are appalled by the way in which the Indian  
courts are convicting accused persons. Why then, with such strict  
laws and with such a convicting judiciary, did the Bombay attack  
happen with such impunity? The answer is simple. The problem in India  
lies not in the law but in its implementation.

This is where the main demands of the people that the police become a  
professional force, that law and order be separated from the  
investigation of crimes, and that corruption and violence be  
eliminated, becomes important. The Central Government also proposes  
to pass The National Investigation Agency Bill, 2008 which will see  
the setting up of a national body to oversee the investigation and  
prosecution of terrorist offences. Here again the approach is  
cosmetic rather than substantial and the aim is to impress rather  
than protect. The Central Bureau of Investigation (CBI) is today a  
national body for the investigation of all serious crimes. The only  
difference between the CBI and the NIA is that the former is required  
to take the permission of the states prior to acting within the  
state, whereas the NIA can operate without consent. But if all the  
states are agreed, as indeed they are, that terrorism ought to be  
fought at the national level as well, then there ought to be no  
difficulty for the Central Government to consult the legislatures of  
the states in a transparent manner, to obtain consent for the CBI to  
operate throughout the country.

All that would be necessary thereafter is for the Central Government  
to administratively upgrade the CBI. THOUGH it must be said to the  
credit of the Union Government that they have not succumbed to the  
temptation to introduce the draconian POTA provision authorising  
confessions to a police officer (which rendered POTA trials  
farcical), the reference to Left Wing Extremism in the Statements of  
Objects and Reasons is disappointing.

Naxalism has deep social roots in injustice, poverty and state  
violence, unlike the senseless terrorism of Pakistani agents. Like  
the IRA in Ireland, it must be recognised as a political tendency and  
negotiated with politically. The reasons for the growth of naxalism  
must be understood as requiring a radical shift from the inequities  
of globalisation to a more socialistic programme where the common  
person is treated with dignity. In the present political situation  
however, one can only see hysteria and the lack of reason.

The writer is an eminent lawyer and civil rights activist.

o o o


(iii)

Herald, Panjim, 18 Dec 2008

Editorial

Equality before the law?

No lessons seem to be have learnt by the central government from the  
experiences with terrorism over the past few years. On 16 December,  
the central government tabled two laws in Parliament – one to set up  
an FBI-style National Investigation Agency (NIA) and the other to  
amend the law to bring in more stringent provisions to deal with  
terror crimes. Nobody can object to the NIA, but the latter law has  
many provisions similar to draconian laws (now repealed) like TADA  
and POTA, two laws which were misused extensively, but produced so  
few convictions of terrorists, that any objective assessment would  
have classified them as practically useless. The new proposed law,  
broadens the definition of terror acts to cover violence related to  
militancy, insurgency and left-wing extremism, but significantly  
leaves out engineered communal riots, like the recent ones against  
Christians in Orissa and Karnataka.

Special laws like the Chhattisgarh Special Powers Act, meant to fight  
Naxalism, have been used to victimise and intimidate anybody who  
dares to speak up for the poor. This is seen in the case of Dr  
Binayak Sen, who has been languishing in jail for over 20 months  
without any convincing evidence of any kind having been presented  
against him. This is not a problem existing only outside Goa. In a  
shocking incident on 16 December, the police rounded up 88 teenage  
girls and six teachers from a madrasa in Vasco and took them to the  
police station since their identity verification forms had not been  
submitted in time. It is not as if the madrasa was an unknown one –  
some of its trustees are respected businessmen locally. The police  
could easily have contacted them and asked them to complete the  
procedures. Instead, they acted in a high-handed and insensitive  
fashion against teenage girls, who cannot by any stretch of the  
imagination be considered terrorists.

Would one be very wrong if one were to conclude that this was done  
only because the institution in question happened to be a madrasa?  
One would like to know whether the police have asked for these forms  
from all schools in Goa which have ‘outsiders’ studying in them. If  
any such school had not complied in time, would the police have  
dragged all the students to the police station? Or is this kind of  
behaviour reserved only for Muslim institutions and those which cater  
to the lower socio-economic classes? Selective actions like this  
raise suspicions among the minorities that the police have communal  
and class biases.

Ever since the Mumbai terror strikes, the police have been conducting  
raids in colonies housing migrant labourers, and rounding up large  
numbers of them. But how many middle- and upper-class migrants, of  
whom there are so many in Goa, have been asked to fill up these  
identity verification forms? The police cannot claim that these socio- 
economic groups are not terror risks – there have been plenty of  
highly educated terrorists, as well as those who have come from  
affluent backgrounds.

Has the Goa Police asked the Sanatan Sanstha Ashram in Ramnathi,  
Ponda, to submit these forms for all its inmates? Some of the  
activists of this organisation were arrested earlier this year for  
their involvement in the Thane bomb blasts. Have any investigations  
been carried out on its activities? Or does the Goa Police believe,  
like the RSS, that Hindus, by definition, cannot be terrorists?  
Communal profiling of all Muslims as ‘terrorists’ since the 1993  
Mumbai bomb blasts has created among them a deep sense of alienation  
from the mainstream. And, when the police behave like this, it only  
leads Muslims to conclude that the system is deeply biased against  
them, and that they cannot expect justice from it. Terror must be  
fought resolutely, but also sensitively. Framing draconian laws that  
are then used to selectively target minorities and the poor only  
builds a fertile breeding ground for creating terrorism, rather than  
eradicating it. Our laws must respect the human rights enshrined in  
the Constitution of India. They must be applied firmly, sensitively  
and even-handedly. That is the only way to take on terror and  
effectively fight it, in the long run.

o o o

(iv)

India: New anti-terror laws would violate international human rights  
standards
http://www.amnesty.org/en/for-media/press-releases/india-new-anti- 
terror-laws-would-violate-international-human-rights-stan
_____


[5] [LATEST FROM INDIA'S HINDUTVA LABS: GUJARAT AND ORISSA]

o o o

(i)

A DIVIDED CITYSCAPE

Denying Muslims housing is shaping the city of Surat into ‘ours’ and  
‘theirs’

by Tridip Suhrud

HOW IS one to understand the decision of the real estate developers  
and agents of Surat not to sell or rent houses or commercial  
properties to Muslims of the city? “

We want to control the percentage of Muslims with properties and  
shops in our areas,” was the official explanation of the association  
that called the meeting of builders. This, they argued, was a  
precautionary measure against Mumbai-like terror attacks and the  
failed bomb strikes against Surat in July. No terror attack could be  
planned or carried out without local support, they argued. This comes  
at a time when Muslim groups in the country have assiduously  
distanced themselves from the Mumbai terror attack. The Babri Masjid  
Action Committee decided not to observe December 6 as a ‘black day’,  
Eid was marked by mourning, and a few months ago, the Darul Uloom at  
Deoband had unequivocally declared terror as being un-Islamic.

This could be seen as a public acknowledgement of a process that has  
been going on for a long time, not just in Surat or Gujarat but also  
elsewhere in the country. Terror is only the upper layer of many  
deepseated fears, which include in Gujarat fears of non- 
vegetarianism. But it is not just an expression of cultural fear or a  
communal mindset. It is also a sign of a newly-emerging cityscape. It  
is possible to speak of a city as being divided into ‘our’ areas and  
‘their’ areas. It conveys a belief that a city can be conceived as  
being inhabited by mutually exclusive community groups, with no  
interdependence, either in terms of trade and commerce or in the  
sense of a shared daily life. It claims that the new city will have  
no ‘public spaces’ but only community specific institutions: separate  
schools, hospitals, commercial establishments and also separate  
underworlds. In this new city, it is possible to speak in terms of  
‘boarders.’ And as Juhapura in Ahmedabad would testify, this boarder  
is not imaginary or pathological. It is real, in all its brick and  
mortar materiality. What they hope to create is a city of ‘a  
permanent underclass.’

But it is not only this imagination that drives Surat. Surat was and  
is an entrepreneurial city; with diamonds and textiles driving the  
city’s growth. It is a city that is capable of exemplary civic will,  
as the post-plague period in the city’s recent past demonstrated.  
Surat’s economic ambitions are at variance with its desire to create  
separate enclosures for its Muslims and Hindus. What they do not  
recognise is that an entrepreneurial city cannot survive with a  
permanent underbelly.

For Surat, it also conveys a deep amnesia about its own history and  
cultural moorings. Surat, on the banks of the river Tapi, has been a  
major trading port since medieval times. The Arabs, Mughals,  
Portuguese, English, Dutch and the French all came to Surat and  
contributed to its cultural and architectural imagination, which are  
still in evidence, if recessive in memory. Surat was the most  
cosmopolitan of urban settlements on the west coast of Gujarat,  
before the emergence of Mumbai. Surat celebrates its association with  
Narmad, the poet, lexicographer and historian of the city, who gave  
us the song “Jay Jay Garvi Gujarat.” Its major university is named  
after Narmad. But it also violates Narmad’s memory. It was Narmad who  
asked the question of “Who does Gujarat belong to?” He listed all the  
cultural and religious symbols, communities and caste groups and said  
that Gujarat does not belong to anyone of them. He sang that Gujarat  
belongs to all those who make Gujarat their home.

If Surat wants to prosper as an entrepreneurial city, it can do so  
only by reclaiming its forgotten cosmopolitan character, and not as a  
city that seeks the erasure of a large part of its citizenry.

(Suhrud is an academic living in Ahmedabad)
 From Tehelka Magazine, Vol 5, Issue 51, Dated Dec 27, 2008

o o o

(ii)

PRESS STATEMENT BY ALL INDIA CHRISTIAN COUNCIL

Extremist Hindutva  groups plan a bandh on Christmas Day
International community closely watching Orissa situation

NEW DELHI – December 19, 2008 – Rightwing Hindutva organisations in  
Orissa confirmed they will hold a bandh (strike) on Christmas Day  
triggering fears of further anti-Christian violence. Separately,  
politicians held hearings in Washington, D.C. and London about  
extremism and violence in India. And a European Union delegation  
conducted a fact finding trip to Orissa from Dec. 9-12, 2008

On Dec. 17, 2008, ultra-nationalist Hindutva groups said they will  
observe a state-wide shut-down for 12 hours on Christmas Day,  
reported The Hindu newspaper. The protest is due to the failure of  
authorities to arrest the killers of Vishwa Hindu Parishad (VHP)  
leader Lakshmanananda Saraswati who was assassinated on Aug. 23,  
2008. The Orissa Chief Minister, Naveen Patnaik, opposes the bandh,  
and the newly appointed Minister of Home Affairs in New Delhi, P.  
Chidambaram, publicly assured Christians they’ll be safe. Aicc  
leaders remain concerned it will have the same results as an August  
25th bandh which saw anti-Christian violence spread across the  
eastern state of Orissa.  Last Christmas, a bandh called by a tribal  
organisation, Kui Samaj, resulted in unprecedented anti-Christian  
attacks throughout one district.

“The bandh is provocative. Combined with a continuing hate campaign  
against Christians, there is potential for violence over Christmas.  
We appeal to police, politicians, local language media, and civil  
society in Orissa – and across India – to seek peace instead of  
hostility,” said John Dayal, aicc Secretary General. “Specific  
actions like positioning adequate Central Reserve Police Forces and  
banning the entry of VHP and Bajrang Dal leaders from the sensitive  
Kandhamal District are essential.”

Dr. Joseph D’souza, aicc President, said, “The climate of  
intimidation and fear among Christians continues in Orissa. Although  
we hope the state and central authorities act to protect thousands of  
innocent victims and prevent future mob violence, we’re deeply  
worried. We are appealing for preventative action through all legal  
avenues.”

Yesterday, Dec. 18, 2008, the British House of Lords held a two and a  
half hour debate about recent developments in India. Baroness  
Caroline Cox, whom aicc hosted during a fact finding trip in early  
November, initiated the debate and several peers spoke. John Montagu,  
Earl of Sandwich, said, “Patnaik, is a personal friend of mine from  
Delhi in the 1960s…But I have to tell Naveen that, from what I have  
read, neither his Government nor the Union Government in Delhi have  
taken sufficient action to find the perpetrators of this massacre or  
to protect its victims still in camps.” Excerpts of the debate are  
available at: http://indianchristians.in/news/content/view/2660/47/.   
On Dec. 10, 2008, the United States Congressional Task Force on  
International Religious Freedom held a briefing titled, “The Threat  
Religious Extremism Poses to Democracy and Security in India: Focus  
on Orissa.” Witnesses included Vishal Arora, an independent Indian  
journalist; Dr. Angana Chatterji, Associate Professor of Social and  
Cultural Anthropology at California Institute of Integral Studies;

Angela Wu, International Director at The Becket Fund for Religious  
Liberty; Sophie Richardson, Advocacy Director for Human Rights  
Watch’s Asia Division; and Joannella Morales with the State  
Department’s Office of International Religious Freedom. The aicc  
briefed two of the panelists during their recent visits to India.

 From Dec. 9-12, 2008, aicc coordinated briefings for a delegation of  
European Union representatives by Orissa’s non-governmental  
organisations, advocates, and both Christian and non-Christian  
community leaders. The delegation included officers from the  
embassies of Finland, Ireland, Italy, The Netherlands, and United  
Kingdom.  Despite public assurances by Indian authorities that the  
rule of law has returned to Orissa, both the central and state  
government advised the delegation not to visit the two most affected  
districts: Kandhamal and Gajapati. The reason given was “the  
prevailing law and order situation”. This meant the delegation was  
effectively prevented from observing the current condition of  
government-run relief camps and victims.

D’souza said, “We are hopeful that our great democracy can resolve  
these issues by itself, but at the same time we welcome the interest  
of nations friendly to India and citizens of goodwill from across the  
world who believe in human rights and religious freedom.”
According to aicc leaders and Indian media reports, there are still  
8,000+ in government-run relief camps and victims don’t have adequate  
food and medical care. On Dec. 1, Chief Minister Patnaik told the  
Orissa state assembly that 4,215 houses and 252 churches or prayer  
halls were destroyed. The state government issued compensation checks  
to a few of the families who lost loved ones or houses. Fast track  
courts have not been started. The aicc has reliable reports that 118  
people died in the violence. In October, India’s Supreme Court  
ordered the state government to compensate for burned churches, but  
no progress is reported yet. Two state-appointed investigations are  
ongoing. Justice (retired) Basudev Panigrahi continues to investigate  
the Dec. 2007 violence, and Justice (retired) Sarat Chandra Mohapatra  
started an inquiry into the killing of swami Saraswati and subsequent  
communal violence.

The All India Christian Council (www.aiccindia.org), birthed in 1998,  
exists to protect and serve the Christian community, minorities, and  
the oppressed castes. The aicc is a coalition of thousands of Indian  
denominations, organizations, and lay leaders.

For more information, contact:
Dr. John Dayal, aicc Secretary General
catholicunion at gmail.com
+91-9811021072

Sam Paul, aicc National Secretary of Public Affairs
sam at christiancouncil.in
+91-9989697778
+91-40-2786-8908


_____


[6]

VIOLENCE TODAY. ACTUALLY EXISTING BARBARISM-SOCIALIST REGISTER 2009

Leo Panitch and Colin Leys (eds)
available from Monthly Review Press.

Given the extent and extremity of violence today, even in the absence  
of world war, and two decades after the end of actually-existing  
socialism, it is hard not feel that we are living in another age of  
barbarism. The scale and pervasiveness of violence today calls  
urgently for serious analysis-from "the war on terror" and counter- 
insurgencies, from terror and counter-terror, suicide bombings and  
torture, civil wars and anarchy, entailing human tragedies on a scale  
comparable to those of the two world wars, not to mention urban gang  
warfare, or the persistence of chronic violence against women. That  
the nirvana of global capitalism finds millions of people once again  
just "wishing (a) not to be killed, (b) for a good warm coat" (as  
Stendhal is said to have put it in a different era) is, when fully  
contemplated, appalling.

The opening essay offers an overview of the scale and variety of  
contemporary violence while also taking up once again the question of  
socialism versus barbarism. Other essays analyze the nature and roots  
of paradigmatic cases and types of violence today around the world.  
And several of the concluding essays deal, from various different  
standpoints, with the still important question of whether violence  
has any place in socialist strategy in the context of today's  
actually-existing barbarism.

Contributions:
Henry Bernstein, Colin Leys, and Leo Panitch - Reflections on  
Violence Today
Vivek Chibber - American Militarism and the U.S. Political  
Establishment: The Real Lessons of the Invasion of Iraq
Philip Green - On-Screen Barbarism: Violence in U.S. Visual Culture
Ruth Wilson Gilmore - Race, Prisons and War: Scenes from the History  
of U.S. Violence
Joe Sim and Steve Tombs - State Talk, State Silence: Work and  
'Violence' in the UK
Lynne Segal - Violence's Victims: The Gender Landscape
Barbara Harriss-White - Girls as Disposable Commodities in India
Achin Vanaik - India's Paradigmatic Communal Violence
Tania Murray Li - Reflections on Indonesian Violence: Two Tales and  
Three Silences
Ulrich Oslender - Colombia: Old and New Patterns of Violence
Sofiri Joab-Peterside and Anna Zalik - The Commodification of  
Violence in the Niger Delta
Dennis Rodgers and Steffen Jensen - Revolutionaries, Barbarians or  
War Machines? Gangs in Nicaragua and South Africa
Michael Brie - Emancipation and the Left: The Issue of Violence
Samir Amin - The Defense of Humanity Requires the Radicalization of  
Popular Struggles
John Berger - Human Shield

Leo Panitch is professor of political science at York University in  
Toronto and author of Renewing Socialism: Democracy, Strategy, and  
Imagination.

Colin Leys is emeritus professor at Queen's University, Kingston,  
Ontario and author of Market-Driven Politics.

_____


[7]  Announcements:

(i)

http://communalism.blogspot.com/2008/12/indians-united-against- 
terrorism-and.html

Indians united against terrorism and communalism: A convention in  
Chickmagalur (28-29 December 2008)

A convention by people of multiple faiths, communities and beliefs

by Karnataka
Komu Souharda Vedike
Karnataka
Communal Harmony Forum
Durga Nilaya,
2ndcross, Bapuji
Nagar, Shimoga. Ph: 9448256216


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

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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