SACW | July 10-12, 2009 / Silence is Violence / Media Rights / Human Rights / Food Not Bombs / Speak up for Secularism, Equality, Free Speech / No to Homophobes

Harsh Kapoor aiindex at gmail.com
Sat Jul 11 22:07:33 CDT 2009


South Asia Citizens Wire | July 10-12, 2009 | Dispatch No. 2643 -  
Year 11 running
From: www.sacw.net

[ SACW Dispatches for 2009-2010 are dedicated to the memory of Dr.  
Sudarshan Punhani (1933-2009), husband of Professor Tamara Zakon and  
a comrade and friend of Daya Varma ]
____

[1]  Silence is Violence: End the abuse of women in Afghanistan (A  
joint report by UNAMA and OHCHR)
[2]  Sri Lanka: Witch-hunt against scribes (B. Muralidhar Reddy)
       - State and religion (Dharmapala Senaratne / Sri Lanka  
Rationalist Association)
[3] Bangladesh: Muddying the Waters (Syed Zain Al-Mahmood)
       -  A toothless human rights commission at best (Editorial, New  
Age)
       - 1973 War Crimes Act: Getting it right (Jyoti Rahman & Naeem  
Mohaiemen)
       - The Poison in Bangladesh Polity (J. Sri Raman)
[4] Pakistanis have lost the capability to separate the religious  
from the secular? (Nadeem F. Paracha)
[5] India Needs Food Not More Bombs! Listen to these sane voices
       - A Grain of Good Sense (Jean Dreze)
       - 'Send food, not force to Lalgarh' (Mahasweta Devi)
[6]  Stand Up to Fix the Secular Republic:
       - Liberhan Commission: Painful wait for Justice (Ram Puniyani)
       - NDTV Video - Better late than never?
       - Breaking the Kabrastan Impasse (Vidyadhar Gadgil)
       - Private virtues, public vices (Bibek Debroy)
[7]  Why do India's Politicians fall at the feet of religious leaders  
seeking secular salvation? [Thank Dog, the Left has got it right this  
time]
      - Why no neta will talk straight on 377 (Antara Dev Sen)
      - Three Videos:
       - NDTV Verdict - Legally Gay (2 July 2009)
       - NDTV  We The People   -  Legalisation of Homosexuality
       - Midday Video - Religious outfits demo against homosexuality
[8]  India: Human Rights & Democratisation
      - Compel government to implement police reforms ordered by SC  
(S. R. Darapuri)
      - North East India: Reaping the harvest of inequity (Patricia  
Mukhim)
[9]  Book Review: A series on world religions, the right to free  
speech, and the right to be offended (Shruti Rajagopalan)

_____


[1] Afghanistan:

SILENCE IS VIOLENCE: END THE ABUSE OF WOMEN IN AFGHANISTAN

The 32-page report, issued jointly by the United Nations Assistance  
Mission in Afghanistan (UNAMA) and the Office of the United Nations  
High Commissioner for Human Rights (OHCHR), notes that "violence, in  
the public and private spheres, is an everyday occurrence in the  
lives of a huge proportion of Afghan women." (8 July 2009)

http://www.sacw.net/article1004.html


_____


[2] Sri Lanka:

WITCH-HUNT AGAINST SCRIBES
by B. Muralidhar Reddy
http://www.frontline.in/stories/20090717261405400.htm

o o o

The Island
11 July 2009

STATE AND RELIGION

In the essay, captioned ‘Unity is strength’ by J. B. Muller,  
appearing in The Island of July 7, 2009 (http://www.island.lk/ 
2009/07/07/features2.html), there occurs the following proposition  
after a brief analysis of the relationship between religion and the  
state. ‘Religion and politics has been and still is an unholy  
alliance that has grown into an unholy deception that creates more  
hatred than love, more intolerance than open-mindedness’.

We, of the Sri Lanka Rationalist Association which, incidentally, is  
a force to be reckoned with as at present, wholeheartedly endorse and  
stand by this proposition. May I be permitted here to mention in this  
connection that the then President of the SLRA, the late Dr. Abraham  
Kovoor, on the recommendation of its executive committee, submitted a  
memorandum of proposals, dated 25. 09. 1970, to the then Minister of  
Constitutional Affairs to be considered for incorporation in the  
proposed Constitution.

Item No. 6 in the memorandum stated as follows, among other things:  
‘In a multi-religious country, like Sri Lanka, the best protection  
for freedom of conscience is a secular state’. The memorandum  
implored the framers of the Constitution to emulate the Indian  
Constitution in this regard.

Regrettably, this recommendation of ours was overlooked and instead  
Buddhism was made the religion to which special state protection was  
guaranteed. No doubt, it hurt the sensibilities of the other  
religionists and we are still paying for that short-sighted policy of  
pandering to the emotions of the hoi polloi in a vote catching  
endeavour.

One would recall that neither the Donoughmore system of 1931 nor the  
Soulbury Constitution of 1947 contained similar provisions. Buddhism  
never suffered as a result. On the contrary, significant legislation,  
such as Buddhist Temporalities Ordinance, was passed by the State  
Council during the Donoughmore period, among many other things.

We, of the SLRA, therefore, are of the view that the suggestion by  
Mr. Muller deserves serious consideration in order to undo the wrong  
that has been done.

Dharmapala Senaratne
President – Sri Lanka Rationalist Association


____


[3] Bangladesh:


Star Weekend magazine
8 Issue 77 | July 10, 2009

MUDDYING THE WATERS

by Syed Zain Al-Mahmood

India's plan to build a mega dam on the Barak river at Tipaimukh has  
stirred primal fears in Bangladesh. For the 150 million people of  
this low-lying delta, the rivers are the cradle of life. Bangladeshis  
depend on the river system for food, water and transportation. After  
the disaster caused by India's Farakka Barrage, Bangladesh can ill  
afford another monstrosity that will squeeze the rivers' life-giving  
flow. Public concern has been heightened by the extraordinary secrecy  
that has shrouded Tipaimukh from the beginning. Although Indian  
diplomats have been at pains to assure Bangladesh that Tipaimukh will  
not have the same ecological effects as Farakka, people remain  
fearful. Many critics have suggested the Tipaimukh Multipurpose Dam  
project could cause desertification of the North-east and allow  
salinity to move up from the Bay of Bengal. But the freewheeling  
debate about desertification may be masking more critical social and  
environmental consequences.
http://www.thedailystar.net/magazine/2009/07/02/cover.htm

o o o

New Age
July 11, 2009

Editorial : A TOOTHLESS HUMAN RIGHTS COMMISSION AT BEST

THE ninth Jatiya Sangsad passed the Human Rights Commission Bill 2009  
on Thursday, the last day of its budget session, so it was reported  
in the media. The official claim is that the piece of legislation  
provides legal coverage to the Human Rights Commission, formed on  
November 18, 2008, in line with the Human Rights Commission Ordinance  
promulgated by the military-controlled interim government, to help  
safeguard the people’s constitutional rights to live with dignity.  
However, a closer scrutiny of the bill may very well lead one to the  
conclusion that the commission may have been conceptualised in the  
very first place to be an ornamental organisation to please  
Bangladesh’s so-called development partners. Let us explain why.
    First and foremost, while the law empowers to have its own  
investigation mechanism to probe allegations of human rights  
violations, enjoy the powers of a civil court under the Code of Civil  
Procedure 1908 in such investigations and even periodically seek  
reports from the government on the human rights situation, it can  
only recommend redress for rights violations to the government and  
the authorities concerned. In other words, its administrative  
independence goes as far as conducting investigations and making  
recommendations, but not taking any decisive action.
    Worse still, its recommendations will be virtually non-binding.  
According to the bill, if the authorities concerned fail to go by the  
recommendations, or the action taken by the authorities is not  
considered appropriate by the commission, it can refer the matter to  
the president who will take steps for the submission of the matter in  
the parliament. It is needless to point out that the president cannot  
make such a decision without consultation with the prime minister.  
Also, such an arrangement is highly unlikely to make the government  
accountable for human rights violation, although it is perceived as a  
major perpetrator of rights violations.
    The commission will not have any financial autonomy, either.  
Although the law says it will enjoy financial independence and will  
need no approval from the government for its expenditures, it will  
depend on grants from the government and the local authorities to  
sustain its functions. Simply put, the string of the purse will be in  
the hands of the government.
    Curiously, the law empowers the commission to launch  
investigation against the former, either on its own or based on  
allegations, but keeps the armed forces out of its purview. Indeed,  
every step needs to be taken to strengthen the armed forces; after  
all, they are assigned the task of defending our territory as and  
when attacked. However, there have been allegations of human rights  
violations by members of the armed forces, in the Chittagong Hill  
Tracts in general and during the tenure of the interim government in  
particular. Investigations into these allegations are imperative to  
not only uphold human rights but also enhance people’s respect for,  
and faith in, the armed forces as an institution.
    Last but not least, the government’s attitude towards the human  
rights commission is poignantly reflected in the condition that it is  
in at present. According to a report published in New Age on Friday,  
the commission could not investigate any of the 48 allegations of  
rights violations that it received till June 30 because of manpower  
shortage. Overall, as several legal experts were quoted as saying in  
a New Age report on Thursday, the commission will neither be  
financially or functionally independent nor will it ensure protection  
of human rights. While the country needs a human rights commission,  
the one that it has got is certainly not the one it has bargained  
for. Hence, we demand that the law be amended to make way for an  
effective human rights commission.

o o o

The Daily Star
July 10, 2009

1973 WAR CRIMES ACT: GETTING IT RIGHT

by Jyoti Rahman & Naeem Mohaiemen

THE Law Minister Shafiq Ahmed presented the International Crimes  
(Tribunals) (Amendment) Act 2009 in parliament this week, with the  
Speaker urging quick passage before the end of the current  
parliamentary session. The 2009 act presents some amendments to the  
original 1973 act to make it "contemporary" (jugupojogi), "fair and  
neutral," and "globally acceptable."

Newspaper reports suggest amendments have been made to: provision to  
try individuals and groups of individuals; provision for appeal; and  
English being the official language of the trial along with Bangla.

While we applaud the steps to amend the act, we are, nonetheless,  
concerned that the amendments were not rigorous enough. In a rush to  
pass the amendments, insufficient attention has been given to major  
developments in last three decades in international law, especially  
as per International Criminal Court (ICC), International Criminal  
Tribunal for Rwanda (ICTR), and International Criminal Tribunal for  
former Yugoslavia (ICTY).

Let us consider some key issues that were not addressed in the 2009  
amendments, but are crucial for a durable prosecution of war criminals.

Definition of War Crimes, Crimes Against Humanity, and/or Genocide:  
Our definitions need to be synchronised with Article 147 of the  
Fourth Geneva Convention and other international definitions. Such a  
definition should include the following:

-Persecution against any identifiable group on racial, ethnic,  
religious grounds.

-Torture or inhuman treatment.

-Committing rape, sexual slavery, enforced prostitution, etc.

-Unlawful deportation or transfer or unlawful confinement.

-Taking of hostages and enforced disappearance of persons.

-Intentionally directing attacks against buildings, material, etc.

-Extensive destruction and appropriation of property.

Definition of sexual violence: Definition of genocide in the 1973 act  
does not identify rape as an instrument of genocide. Genocidal rape  
in legal discourse has come particularly from ICTR and ICTY. We note  
the Akayesu trial for Rwanda, where ICTR found him guilty of nine  
counts of genocide and crimes against humanity including ordering  
genocidal rape. It is important to note that "genocidal rape" is  
distinct from "war rape." The former is rape with the purpose of  
destroying another group. Rwanda and Bosnia provide some of the best- 
documented examples of genocidal rape, which include statements made  
by perpetrators during commission of the acts of sexual violence.

Definition of those under Military Command: A rigorous definition  
should include the following:

-Person acting as a military commander shall be criminally  
responsible for crimes committed by forces under his effective  
authority and control

-That person either knew or should have known that the forces were  
committing or about to commit such crimes.

Independence of judiciary: We believe that persons appointed to the  
tribunal should have the following:

-Established competence in criminal law and procedure, and the  
necessary relevant experience, whether as judge, prosecutor, advocate  
or in other similar capacity, in criminal proceedings.

Independence of prosecutors: We believe that the prosecutors'  
independence should be guaranteed by the following:

-The Office of the Prosecutor shall act independently as a separate  
organ of the tribunal.

-Neither the prosecutor nor a deputy prosecutor shall engage in any  
activity which is likely to interfere with his or her prosecutorial  
functions

-The prosecutor can appoint advisers with legal expertise on specific  
issues.

Witnesses: There are no provisions made for protection of witnesses.  
The ICC statute provides that the court will take appropriate  
measures to protect the safety and physical well-being of the  
victims. The court is directed to take factors such as gender and the  
nature of the crime (including whether it was a sexual crime) into  
account in deciding to grant special protections.

Sentencing: It should be stressed that death sentences are not  
allowed under international law, even for genocide, crimes against  
humanity, war crimes and crimes against peace. Death sentences would  
hinder Bangladesh receiving and sustaining international support on  
this issue.

Reparations: Reparations to victims should be considered for  
inclusion, even if they are not defined in detail at this stage. We  
should consider whether individual compensation or community-based  
reparations are more appropriate. For comparative purposes, Rwanda  
created a graduated scale of specific losses to amount of reparations  
received.

The above and other issues should be considered during thorough legal  
review. The primary purpose of doing a review of the 1973 act is to  
ensure a robust legal structure, so that cases filed under this act  
are strong and transparent, and do not get rejected in a future  
appeals court. For those of us deeply committed to successful war  
crimes trials, we believe it is absolutely essential that the trials  
are rigorous and conform to international standards, so that the  
verdicts can be internationally recognised and respected.

The authors are members of Drishtipat.org, a global network of  
Bangladeshi human rights activists.

o o o

Truthout.org
July 7, 2009

THE POISON IN BANGLADESH POLITY

by J. Sri Raman

     Was Bangladesh Prime Minister Sheikh Hasina Wajed fed poisoned  
food while in detention during 2007-08? The question should be a  
matter of concern not for reasons of her health alone and not only  
for the country that gave her a landslide election victory at the end  
of last year.

     On June 27, in a television program that went almost unnoticed  
outside of Bangladesh, a top leader of Hasina's Awami League (AL)  
alleged that Hasina was served poison-laced food for an unspecified  
period as an under-trial prisoner facing charges of corruption during  
her earlier term in elected office. She was arrested on July 16,  
2007, by an army-backed regime and released on bail on June 12, 2008.

     Speaking to a private TV channel, deputy leader of the  
parliament Syeda Sajeda Chowdhury said Hasina was still not fully  
free from the effects of slow poisoning. In the prison, added Sajeda,  
"the leader fell sick after taking the poisoned food and her mouth  
was swollen. But she never gave in to (pressure from the regime to  
quit politics and leave the country)."

     Within a week, more than indirect support for the allegation  
came from 61-year-old Hasina's personal doctor, Syed Modasser Ali,  
now also the prime minister's health affairs adviser. Stating that  
he, too, suspected Hasina's poisoning, he said she was suffering from  
some allergy causing her hair to fall.

     "During those days (of Hasina's detention), I had several times  
tried to collect her blood sample for diagnosis, but I was barred  
from doing so," Ali told the media. He added that, before she was  
taken to a hospital from the prison, the authorities promised that  
they would let her personal doctors treat her. "But ... we were not  
allowed to enter the hospital."

     Following the AL's sensational allegation, the opposition  
Bangladesh Nationalist Party (BNP) of former Prime Minister Begum  
Khaleda Zia, also detained by the army-propped regime, has charged  
that its leader was fed toxin-laden food as well. The public focus,  
however, has stayed on the fate of slow death which, according to  
Hasina's followers, she has fortunately survived. The prime minister  
herself has so far kept silent on the subject.

     The allegation puts directly in the dock Maj. Gen. (retired) M.  
A. Matin and Mainul Hosein, who served as advisers in charge of home  
and law respectively in the military-backed government. Both of them  
have denied the charge. They claim that the food served to Hasina  
was, in fact, tasted first by a woman doctor attached to her and four  
women security personnel, besides jail officials!

     The former advisers find eloquent Hasina's own silence - now and  
during her stay with family members in the US for medical treatment  
last year. Few, however, would find inexplicable such silence in the  
face of an army-supported regime that could, after all, hold a  
popular leader like Hasina in helpless detention for nearly a year.

     Matin and Hosein come up with a more serious question when they  
ask why it took so long for the AL to make the allegation. The poser,  
of course, does not prove the charge wrong. But it is not only the  
officials of the ousted regime who wonder what the AL's obvious  
decision to raise the issue, triggering off a truculent debate on it,  
indicates.

     The snowballing issue may point to aggravation of strains  
between the army and the democratic, civilian dispensation as a  
whole. This should cause concern not only in Bangladesh, where the  
people have repeatedly rejected either direct or indirect army rule  
as a political option, but also in the South Asian region with stakes  
in the country's internal peace.

     A recent report in Bangladesh weekly Holiday quotes a senior  
retired army officer describing the allegation as "a dangerous game  
that could end up with more bloodshed." The strains have found other  
expressions as well in the recent period.

     On February 25, 2009, in less than two months of the new  
government's takeover, a bloody mutiny by Bangladesh's border guard  
unit, the Bangladesh Rifles (BDR), broke out in Dhaka. The cause of  
the revolt, which rocked the country and the elected rulers, is yet  
to be conclusively established. It did, however, ring the alarm bells  
for a Bangladesh that was beginning to recover from the trauma of two  
years of army-backed rule.

     The lingering legacy of 2007-08 found another illustration in  
June 2009, when a top Bangladesh army officer reportedly sought  
political asylum in the US to avoid returning home after his  
diplomatic assignment was curtailed. Brig. Gen. Chowdhury Fazlul Bari  
was the director of the powerful Directorate General of Field  
Intelligence (DGFI) during the military-backed rule and had played a  
major role in the arrest of several top politicians and bureaucrats  
as part of an avowed official crusade against corruption.

     The strains may seem to be small cause for worry, in view of  
Hasina's popularity and parliamentary majority. But military  
ambitions have prevailed over the people's democratic aspirations in  
the past. A quick rundown of the coups, which dot the less than four  
decades of post-liberation Bangladesh, shows why concern is warranted.

     On August 15, 1975, came the first military coup, culminating in  
the tragic assassination of the Father of Bangladesh, Sheikh Mujibur  
Rahman and his family (daughters Hasina and Sheikh Rehana escaped  
only because they were in Germany at the time). Two more coups  
followed on November 3 and 7 of the same eventful year.

     Lt. Gen. Ziau Rahman took over power in 1976. He survived as  
many as 21 coups during his five-year rule until he was killed in a  
coup of 1981. Gen. Hussain Muhammad Ershad rose to power after a  
bloodless coup in 1982 and stayed at the helm till 1990. Bangladesh  
witnessed an unsuccessful coup attempt in 199l, but the army  
succeeded in becoming the power behind the throne in 2007.

     It may take a while for the people of Bangladesh to detoxify the  
country's polity entirely and ensure that its democracy endures.

(A freelance journalist and a peace activist in India, J. Sri Raman  
is the author of "Flashpoint" (Common Courage Press, USA). He is a  
regular contributor to Truthout.)


_____


[4] Pakistan:

Dawn
9 July 2009

LOST IN SPACE

by Nadeem F. Paracha

Nadeem F. Paracha asks whether Pakistanis have lost the capability to  
separate the religious from the secular?

When there is talk of Islamisation, we are not just discussing  
Islamic laws being implemented by the state and government. What we  
should also study in this respect is the Islamisation of public  
space, or space that was historically and inherently secular in nature.

For example, the growth in the numbers of mosques and madrassas in  
the last 25 years or so also saw this trend’s physical and symbolic  
extension into the secular space of society.

Ever since the early 1980s, there has been a three-fold growth in the  
formation of ‘praying areas’ in offices in both private and  
government institutions, and the toleration of laxities at the  
workplace regarding timings - especially for office hours during  
Ramadan - have been unconditionally allowed.

Of course, as can be observed from the facts and figures of assorted  
sociological studies in Pakistan of the last 20 years or so, all this  
has not helped in making society any more law-abiding and  
constructive than what it already was before the 1980s.

In fact, the rate of crime has increased dramatically; especially  
sexual and financial, and social commentators have continued to  
bemoan the ‘institutionalisation of the notion of social hypocrisy.’

But this trend of the supposed Islamisation of social space soon  
seeped into other areas as well. For instance, beginning in the  
1980s, there are more religious programs on the television and radio  
than ever before.

Also, more and more lawns and drawing-rooms are becoming venues for  
religious lectures and dars. In fact, even in modern, posh shopping  
malls, the central sound system is used to broadcast the azaan and  
naats while recitations from the Holy Qu’ran are played during holy  
months and days.

Other peripheral trends such as the change of traditional Islamic  
greetings – replacing Khuda Hafiz with Allah Hafiz – is also a case  
in point.

Secular space is rapidly shrinking and the sociology of Pakistan  
today is strikingly different from what it was between 1947 and 1976.

Apologists and defenders of these trends would rightly suggest that  
social Islamisation could not have taken place without the consent of  
the majority of the people. However, one need not be a professional  
sociologist to determine the resounding failure of these trends to  
convert the quasi-secular state of Jinnah’s Pakistan into a ‘truly  
Islamic’ and morally sound community of people.

On the contrary, all social, cultural and economic indicators of the  
last 25 years suggest a society disintegrating into a chaotic mixture  
of new-found rituals and exhibition of Islamic piety convolutedly  
trying to reach a synthesis with modern material want and ambition. [1]

Interestingly, the general discourse in this context has repeatedly  
buried the inherent dichotomy between religious piety and the desire  
to taste the fruits of amoral materialism. Instead, this discourse  
has turned into a collective attempt to emerge as a workable synthesis.

For instance, a synthesis will be turned into a top-of-mind argument  
offered by, say, Junaid Jamshed fans, when asked about the obvious  
dichotomy between Jamshed’s exhibitions of Islamic piety with his  
more material goals emitting from an equally passionate exhibition of  
amoral materialism and financial profiteering in the form of his top- 
of-line fashion boutique business.

The argument is that being spiritual doesn’t mean one can’t be  
materialistic as well, even though in a number of ways this argument  
can be challenged, especially when the spirituality that is being  
exhibited is supposedly following the dictates of a dyed-in-the-wool  
brand of spirituality that the former pop star is displaying: a  
strain of religion in which music becomes ‘haram’, but getting paid  
to endorse a western brand of chips as ‘halaal’ is fine?

Addressing such questions has become the work of televangelists and  
preachers who have become popular amongst the country’s urban middle  
classes. In a nutshell, their role can be defined as helping mould a  
workable (albeit long-winded) model that is synthesised from certain  
Qu’ranic verses and assorted hadidhs and then offered to their  
audience as an Islamic rationale to survive in the modern material  
world as a practicing Muslim without feeling guilt or angst.

Not only is the dichotomy converted into a religiously rationalised  
normality, but the duality emerging from the social exhibitionism of  
religious piety and personal materialistic ambitions is turned into a  
matter-of-fact and unquestioned state of mind and existence.

The recent appearance of former bubble-gum pop poster boy, Ali Haider  
on a popular religious TV show to announced his reborn status is a  
case in point. The question arises, why did he have to announce this  
on mainstream television? Why couldn’t it remain his personal  
business? And more so, why announce his reborn status on a show that  
was alleged to have triggered violence against minorities in Lahore  
in 2008?

Of course, this duality of action and thought can be minimised if the  
Islamisation of secular spaces is checked, but the question is, who  
will check it and, more so, who is behind this trend?

The state and the government now seem incapable of checking this  
trend. The power and initiative to do so was lost when in 1974 when  
the government of Z. A. Bhutto ceded to the demands of Islamist  
parties like the Jamat Islami and constitutionally turned Ahmadis  
into a shunned minority, consequently emboldening his Islamist  
opponents.

In 1976, Bhutto once again buckled in the face of pressure of the  
Islamists and closed down ‘unIslamic’ activities in public. Zia’s  
Islamic regime only added two-fold to what the Islamists had already  
succeeded in making Bhutto do.

As Zia’s political Islam failed to address the utopian expectations  
of the people for the ‘ideal Islamic state,’ and political and  
economic corruption further eroded Zia’s regime, the Islamists and  
various fundamentalist groups that had risen in the 1980s, decided to  
‘Islamise society from below.’

The idea was to Islamise all aspects of society so that people will  
‘turn from being just Muslims into becoming Islamic’ and subsequently  
set the scene themselves for a spontaneous Islamic revolution and the  
imposition of the shariah.

Interestingly, the state and the government even after Zia’s demise  
allowed this brand of social Islamisation to continue taking place,  
as long as it didn’t exhibit any overt political ambitions.

The Islamists and the fundamentalists were free to carry on  
Islamising social space, so much so that today it has become  
impossible to escape Islamic symbolism and rhetoric in even the most  
traditionally secular spaces and surroundings.

The socialisation of a theologically puritan but theoretically  
contradictory strain of Islam has been an all-encompassing event. Its  
symbols and rhetoric abound on billboards, in shopping malls, parks,  
on cars, in buses, drawing rooms, on TV screens, in offices and in  
everyday lingo – it seems Pakistanis have lost the capability to  
separate the religious from the secular.

This trend has consequently moulded a common mind-set and a social  
and cultural ground that has become almost voluntarily vulnerable to  
Islamist exploitation.

This might answer the question as to why society at large goes up in  
arms after a drone attack whereas it remains awkwardly quiet every  
time a terrorist murders scores of common people in a suicide blast.

And perhaps that’s why after being mowed down by so many years of  
extremist propaganda, Pakistani society has a ready consensus on the  
dangers of, say, pornography and alcohol abuse, but still can’t seem  
to reconcile to a common consensus on whom or what counts an extremist.

References
[1] The Economic Impact of Islamic Fundamentalism: Timur Kuran

Nadeem F. Paracha is a cultural critic and senior columnist for Dawn  
Newspaper and Dawn.com.


_____


[5] India Needs Food Not More Bombs! Listen to these sane voices


outlook magazine, 20 July 2009

A GRAIN OF GOOD SENSE
Legislating against hunger is a great idea that needs expansion ......

by Jean Dreze

The budget reiterates the government’s commitment to a National Food  
Security Act, known as the ‘right to food’ law. In principle, this is  
welcome. Our undernutrition levels are among the worst in the world  
and have barely improved in recent years. Such a law could help focus  
the nation’s energies on this burning issue.

In India, hunger and malnutrition have deep roots, not only in  
economic insecurity but also lack of education, gender inequality,  
social discrimination, skewed property rights and lack of basic  
amenities. Serious commitment to the right to food would call for  
action on all these fronts.
		
	Broadened to address the many factors contributing to hunger, the  
proposed Right to Food Act can be a solid complement to the NREGS.	
		
	
	The proposed act is unlikely to provide a blanket solution but could  
make a big difference if it takes a broad view of the problem.

It’s especially important not to conflate the proposed act with the  
Congress promise of 25 kg of grain every month at Rs 3 a kilo for BPL  
families. Indeed, this happens to be little more than a repackaging  
of the current BPL entitlements, with less quantity at a lower price.  
Further, good nutrition depends not only on access to cheap grain but  
also on other inputs, such as good food, childcare, clean water and  
breastfeeding support. A serious right to food law should ensure  
these needs are also addressed.

The NREGS is already a step towards the right to food. However, its  
implementation is erratic and the principle of "work on demand" is  
nowhere near being realised. Some families are unable to participate  
in it because of ill health or old age. This is why the right to food  
law must include the provision of cheap grain under the PDS beyond  
the timid promise of "25 kg at Rs 3 per kilo". The current quota of  
35 kg per month should not be reduced; ideally, the PDS should be  
universal in order to avoid the inevitable exclusion errors of any  
targeted system. But if we go for a targeted system, the selection of  
BPL families should be transparent and verifiable. And it must cover,  
say, at least 50 per cent of the population. Some marginalised  
groups, such as SC/ST families in rural areas, should have BPL cards  
as a matter of right.

Second, special PDS entitlements are required for the most vulnerable  
families, including those in which no adult member is able to  
participate in the labour market. Such entitlements already exist for  
some such families under the Antyodaya Ann Yojana programme. This  
programme should be expanded under the proposed act. Another form of  
social assistance that works relatively well is that of cash pensions— 
like old age pensions and widow pensions. This is a natural  
complement to food-based assistance under the Antyodaya programme. An  
integrated pension programme could form a third pillar of the  
proposed act.

A fourth crucial component is direct nutritional support for  
children. Schoolgoing children are already entitled to nutritious mid- 
day meals under recent orders of the SC; these entitlements should be  
consolidated under the proposed act, along with provisions for school  
health services.

Similarly, for younger children, SC orders relating to the ICDS  
should be incorporated in the right to food law. Under these orders,  
all children under six years are entitled to all basic ICDS services— 
nutrition, healthcare and pre-school education. In fact, the SC  
directed the government to ensure that this happens by December 2008.  
The finance minister’s statement that the ICDS would be universalised  
by 2012 is a step backward in this respect. Whatever the budget may  
have in store for the "aam admi", it’s a damp squib for "aam bacche".

This is a minimum list of interventions that need to be included in  
the law if it has to have a serious impact on India’s "nutritional  
emergency". Other provisions to consider are maternity entitlements,  
breastfeeding support, rehabilitation of severely malnourished  
children and community kitchens in urban areas.These entitlements  
must be backed by adequate funds and strong grievance redressal  
systems. Perhaps this is a tall order. But India has already set an  
outstanding example of bold social legislation with the NREGS—it can  
be done again with the right to food act.

(The writer is a development economist.)

o o o

'SEND FOOD, NOT FORCE TO LALGARH' (Mahasweta Devi)
http://tinyurl.com/kjo4wn


_____



[6]  India: Stand Up and Fix the Secular Republic -


LIBERHAN COMMISSION: PAINFUL WAIT FOR JUSTICE

by Ram Puniyani

Liberhan commission submitted its four volume report to the  
Government on 30 of June 2009. It might have been one of the longest  
times taken by any commission. Liberhan’s claim that the report got  
delayed due to non cooperation of leaders involved may have some  
truth as one knows Kalyan Singh avoided appearing before the  
commission for long time, and so was the attitude of many of those  
alleged for demolition. Still all the hearings were complete by 2004.  
Did it take 5 long years to write the report? Such a long delay in  
the report coming out, defeats half the purpose of the same. One of  
the minor reasons of delay has also been the differences in the  
approach of Justice Liberhan and its chief counsel Anupam Gupta.  
Gupta after he interrogated Advani, Justice Liberhan allrently told  
him to apologize to Advani for being harsh. While Gupta maintains  
that Justice Liberhan had been soft on Advani, despite his role of  
the chief mobilizer for demolition.

One awaits the report to be tabled and see what the commission has to  
say about things which have been reported in the media and seen on  
the TV by most. One also await to see the attitude of this Government  
towards this commission, is it going to be forthright objectivity or  
dictated by political exigencies. That apart, since the report was  
submitted some of the accused have been hiding for cover, and some  
others are saying that since already 17 years have lapsed how the  
report can be meaningful, if at all? Some of them have questioned the  
timing of the report.

To expect that those involved in demolition will own up the crime and  
honestly confess to that is something not to be expected. Still Uma  
Bharati was honest enough to say that “I definitely wanted Ram temple  
to come up (in Ayodhya) and I definitely wanted that building (Babri  
Mosque) to come down but not in that manner. But I am not going to  
apologize. I am ready to be hanged for it.” It was the same Uma  
Bharti, who along with Sadhvi Ritambhra was exhorting the Kar Sevaks  
by saying, Ek Dhakka Aur Do: Babri Masjid Tod do”. (Give one more  
push, break the Babri mosque) She also expressed her joy after the  
demolition by hugging another accused, Murli Manohar Joshi who was  
sharing dais with her. Amongst others who shared the dais, when the  
demolition work was in progress, were Lal Krishna Advani, Ashok  
Singhal and ex- RSS chief K. Sudarshan himself.

How do people respond to the crime after executing it, is a matter of  
great variance. Same Murli Manohar Joshi, who before the demolition  
had said told his followers "…demolish the masjid, nature of Kar Seva  
will be determined by Sants and not by courts/demolition is  
prerequisite for temple building", in the hearing of the commission  
he said that “With all humility, I say that the incident was never  
remotely conceived by us”. This despite the fact that Vinay Katiyar,  
the then Bajrang Dal chief had asserted that "Masjid will be  
demolished and debris will be thrown in river Sarayu". During the  
deposition he distracted form the main issue and doubted the need of  
commission and said that Ram Lalla is the owner of the place. While  
Lal Krishna Advani had stated the Kar Seva will done with Bricks and  
shovels, kar sevaks are not going to Ayodhya to sing Bhajan and  
Kirtans, later he declared that the day of demolition was the saddest  
day of his life. Which is the real Advani is difficult to say.

K.Sudarshan, who later became RSS Sarsnghchalak, stated that he heard  
Nirmala Deshpande saying that Mosque fell due to the explosion  
inside. Nirmala Deshpande disowned the statement. Kalyan Singh takes  
the cake as for as turn arounds are concerned. Before the demolition  
he committed to National Integration Council and through a sworn  
affidavit to Supreme Court, that he will protect the mosque. When  
demolition began he did not deploy 20000 central forces stationed  
barely 10 minutes from the place. Later he was imprisoned for a day  
and he proudly justified his inaction in the path of Ram Temple. He  
filed a 300 page affidavit, taking a line, which was in accordance  
with his the then Party’s line, stating that it was a spontaneous act  
by uncontrollable Kar Sevaks. With his problems beginning with BJP,  
he hit out at A.B.Vajpayee, Advani and Joshi saying Babri was  
destroyed on the instructions of senior BJP leaders.

The then Prime Minister P.V. Narsimha Rao was famously having the  
afternoon siesta when the Babri was being demolished and he covered  
his inaction by putting the blame on Kalyan Singh. Immediately he  
promised that Babri will be restored at the same spot.

It all raises the question of political morality. How the actors in  
the tragic act have been taking stances according the political  
necessities. How they regard that public memory is short and they can  
wriggle out of their crimes by mere play of words.

And now with report on the table of the Congress Government can one  
expect justice? The experience so far is far from optimistic.  
Congress weighs the issues on the scale of political advantages or  
otherwise. On one hand it tries to put a show that it will do justice  
and when the crunch time comes one finds it wanting in resolve to  
stand firmly for secularism and justice. Political calculations have  
been its guiding load stones. So even now one is not sure about the  
real justice coming through after 17 long years of wait.

BJP on its part is a divided house. It has used the Ram Temple  
agitation and the consequent demolition and the violence for  
politically strengthening itself. It is around this agitation,  
demolition and violence that it came to occupy the major position on  
the political scene in India. Now having been in power and having  
seen that Lord Ram cannot eternally help it to keep coming to power,  
some of its major leaders have been rethinking the political line to  
be adopted. What one sees around is the total opportunism for the  
sake of power. They realize the necessities of such issues to be in  
power, they also see that beyond a point it can be counter  
productive. Now it’s up to them to keep adopting double standards or  
to come to adopt democratic issues as their political base. Can BJP  
shift away from such issues and take up the issues of the poor and  
downtrodden? This is a million-vote question. This is also a question  
related to the goals of its political father, the RSS. How does RSS  
evaluate its future role in Indian political chessboard? Indications  
are RSS will stick to Hindutva and Ram temple type of issues, come  
what may. One only hopes in despair that people concerned have  
honesty to own up their acts and face the legal consequences for  
their commitments!
Posted on July 10, 2009

o o o

Verdict on NDTV 24x7 >  BETTER LATE THAN NEVER?
Seventeen years after it was set up to inquire into the 1992  
demolition of Babri Masjid in Ayodhya, the Liberhan Commission  
submitted its report on June 30, 2009. Though the contents of the  
report were not immediately known, it did not take much time for  
politics to make its way into the aftermath. While many of the BJP  
leaders were not too keen on commenting on the report, others were  
bent on questioning the delay taken to release it.

For the people of Ayodhya, it’s a different story. We won't let  
politicians divide us - that's the message that the people of Ayodhya  
want to send out as they learn about the Liberhan report. It's clear,  
Ayodhya has moved on and learnt bitter lessons.

Since the demolition of the Babri Masjid, many events that saw the  
politics of religion winning over basic humanity have taken a toll on  
us. Putting the bitter past behind us, are we now more concerned  
about development and prosperity than divisive politics?
http://www.ndtv.com/convergence/ndtv/new/NDTV-Show-Special.aspx? 
ID=207#VPlay

o o o

BREAKING THE KABRASTAN IMPASSE
Herald, 10 July 2009

The denial of a kabrastan to the Muslim community in Salcete is a  
violation of the right to die with dignity, says VIDYADHAR GADGIL

The kabrastan issue has once again come to the forefront of public  
debate in Goa. Hanging fire for almost 30 years now, the lack of a  
resolution to this vexed problem has led to a mounting sense of  
frustration in the Muslim community over the denial of this perfectly  
legitimate and justified demand.
For a long time now, the Muslim community in and around Margao has  
been managing with a 125-year-old kabrastan at Pajifond in Margao,  
which was donated by a Muslim family. But with the growth in the  
population of Muslims, both due to natural growth and due to in- 
migration, the kabrastan has been unable to cope with the load,  
raising the need for either extending the existing kabrastan or  
setting up a new one in the vicinity of Margao.
Various efforts (documented elsewhere; see http://tinyurl.com/md5zta)  
have been made over the years towards this end, and politicians  
across the board have promised to make arrangements for a kabrastan,  
all without any actual progress on the ground. Not relying on the  
government to provide land, the Muslim community also mobilised its  
own resources to purchase suitable land in a number of places for the  
purpose, but in all cases there were objections that stalled the  
plans. Unfortunately, both Hindus and Christians in Salcete have been  
against setting up a kabrastan, with the Christian community in fact  
at the forefront of the opposition.
During the 2009 Lok Sabha elections there was, predictably enough, a  
slanging match between the BJP and the Congress over the issue, with  
BJP leader Manohar Parrikar castigating the Congress government for  
failing to meet this demand – not that Parrikar himself, during his 4- 
year rule as Chief Minister, did anything either. Congress Chief  
Minister Digambar Kamat and Francisco Sardinha, the Congress  
candidate for the South Goa seat, made counter-promises, of course,  
but these appear to have been promptly forgotten once the elections  
were over.
The right to die with dignity, which includes the right to perform  
the last rites as per the dictates of one’s religion, is a basic  
human right. Given that it is widely acknowledged that the existing  
kabrastan at Pajifond is inadequate to meet the Muslim community’s  
needs, there can be no reasonable justification for denying this  
demand, and yet no solution to the problem has emerged.
Anti-Muslim prejudice – fanned by Hindutvavadi propaganda and George  
Bush’s global war on terror, which demonised Islam and Muslims – has  
developed into a kind of fear psychosis, and there are repeated  
scares about masjids and kabrastans being set up in various villages.  
In an incident in Moira last year, a Muslim worker mentioned that he  
was carrying a load of stones to a “masjid”, which led to an uproar  
in the village. It turned out later that the stones were intended for  
renovation of a chapel; the Muslim worker only used what to him was  
the generic term for place of worship.
Similarly, there have been protests in Panzarcone and Sarzora over  
paddy fields allegedly being acquired for a kabrastan, though there  
is no such proposal. But politicians across the board are always  
ready to fish in these troubled waters in search of cheap popularity.  
In Sarzora, Joaquim Alemao was quick to jump on the bandwagon and  
asked the Village Panchayat not to grant any land for development of  
a kabrastan.
The plan of the government to acquire land for a kabrastan in  
Davorlim led to the Sarpanch convening a Gram Sabha meeting to  
discuss the issue, and the proposal was unanimously opposed in this  
meeting. The land is apparently Comunidade paddy fields, though not  
actually being cultivated for some years. The whole incident evoked  
an anguished reaction from Davorlim resident Tabrez Mahamad, “When it  
comes to the kabrastan issue, everyone seems to become defensive and  
uneasy...It is very difficult to understand how burying the dead of  
one community would affect the peaceful existence of the other.”
The fact that some Muslims are migrants is used as an excuse to  
justify denial of a kabrastan. This is completely illogical – are  
migrants from other communities denied the right to bury/cremate  
their dead? Further, how would Goans feel if they were denied the  
same right in the places, both in India and abroad, where the Goan  
diaspora has spread and settled? What does a human being’s Goan vs  
migrant status have to do with this issue in the first place? As Dr  
Nandkumar Kamat pointed out in a recent article, “Providing basic  
facilities for final rites of the dead is a serious human rights  
issue. It cannot be seen from the narrow perspective of who’s Goan  
and who’s not.”
Other critics have resorted to criticism of the alleged practices of  
the Muslim community to justify denial of a kabrastan. One critic  
alleged that separate graveyards will be needed for Sunnis and Shias,  
and criticised Muslims for burying their dead separately according to  
sect. He apparently sees this as somehow different from the fact that  
Christian sects bury their dead in separate cemeteries, or that Hindu  
cremation grounds are often caste-specific. In any case, the Muslim  
community is quite clear that when a kabrastan becomes available,  
there will be separate sections set aside within it for Shias and  
Sunnis, just as there already are in the existing Pajifond kabrastan.
It is also alleged that Muslims do not re-use their graves, thus  
putting severe pressure on land. This is not true in Goa – the  
community has recognised the multiple pressures on the limited land  
resources, and in the Pajifond graveyard the graves are re-used every  
two years. Even then, the land is grossly insufficient to meet the  
community’s needs, and many bodies have to be taken to Maharashtra or  
Karnataka for burial.
What is the way out this impasse? Objections can, of course, be  
raised over any and every specific piece of land, but it is difficult  
to believe that there is no land whatsoever anywhere for the purpose.  
It is here that the religious authorities and the government have an  
important role to play. A government that acquires massive tracts of  
land at the drop of a hat for grandiose projects, despite widespread  
public opposition, can have no excuse for inaction in this matter. As  
for religious authorities, they need to provide guidance to their  
flocks about the basic human rights involved here, and ask them to  
refrain from opposing this legitimate demand.
Hearteningly, for some time various religious bodies have been making  
some efforts for an inter-faith dialogue to help the various  
communities understand one another better, and dispel prejudices and  
misapprehensions about each other. While this is certainly laudable,  
it has unfortunately remained stuck at the level of endless  
discussions. Why are religious heads from the Christian and Hindu  
communities not willing to issue public statements to their flocks to  
help find a solution? Granted that in these times people may not  
always follow the guidance of religious authorities, but that does  
not absolve them from the responsibility of making the effort.
We would do well to pay heed to the recent impassioned statement of  
Jesuit priest Fr Cedric Prakash, the well-known human rights activist  
from Ahmedabad: “There are Catholics in Goa who refuse to give  
Muslims the land to bury their dead. This is a sin, this is wrong.  
Jesus never taught us to discriminate. I can say this with conviction  
and with a full heart.” The local religious authorities, Hindu and  
Christian, need to show similar resolve, and the government must find  
the political will to live up to its constitutional mandate, in order  
that all the Muslims of Salcete are enabled to get the six feet of  
land, which, as Tolstoy points out in his famous short story, are all  
that a man, in the ultimate analysis, needs – but which are still  
denied to the Muslims of Salcete.


o o o

Indian Express
June 24, 2009

PRIVATE VIRTUES, PUBLIC VICES

by Bibek Debroy

Though it is early days, there may be bad news on the monsoon. The  
economy is more affected by spread of rains across region and time,  
rather than aggregate precipitation. It is understandable that people  
should pray for rains or get frogs married off. We have been doing  
this for thousands of years. But it is slightly different when  
governments decide to indulge in prayers.

In Madhya Pradesh, "Som Yajnas" have been performed in Ujjain. As far  
as one can make out, the Som Yajna in Ujjain was performed by  
Sholapur's Veda Vijnana Ashrama, a private entity. The government  
requested the private entity to come to Ujjain and perform the yajna.

Though the Chief Minister Shivraj Singh Chouhan, participated in  
prayers, no financial transaction in terms of payment seems to have  
been made to Veda Vijnana Ashrama. By most indicators, Andhra is  
ahead of Madhya Pradesh and therefore, it is understandable that  
Andhra CM should do better. Not content with appealing to Hindus,  
Muslims and Christians to offer special prayers for rain, Y S  
Rajasekhara Reddy has gone a step further. All temples, mosques and  
churches in Andhra have been ordered to conduct special prayers. The  
Endowments Minister, G Venkat Reddy, will personally supervise the  
prayers being held, as per the orders.

Is this what a 21st century India is about? There is a difference  
between personal practices and public policy. There is a narrower  
question of whether governments should propagate obscurantism. But  
there is a broader question about whether public policy should at all  
be based on religion. Is that the right interpretation of secularism?  
How can a government order religious organisations to undertake  
prayers or even supervise prayers that are being held? The reason is  
purse-strings, since such religious institutions receive endowments  
from government.

Why should there be an Endowments Minister and Ministry? Tirumala  
Tirupati Devasthanams (TTD) was established in 1932 and at that time,  
a colonial government may have wanted oversight. Regulation for  
something like TTD is fine, but does one need the AP Charitable and  
Hindu Religious Institutions and Endowments Act of 1987, or the ones  
that preceded it? Does one need the Board of Trustees of TTD to be  
packed with IAS officers and MLAs? Does one need the government to  
dabble in religion? That's a terrible idea. Since the government  
messes up most things, it will also mess up religion. Let's keep  
religion in the private domain.


_____


[7] Why do India's Politicians fall facedown at the feet of religious  
leaders seeking secular salvation? [Thank Dog, the Left has got it  
right this time]


The Asian Age
9 July 2009

WHY NO NETA WILL TALK STRAIGHT ON 377

by Antara Dev Sen

We can’t talk about sex. Mere mention of the word diverts the blood  
flow from the brain to other, more excitable areas of the body  
politic. And we jabber on in demented frenzy, especially if we happen  
to be in government.

Ask our ministers, leaders and decision-makers about cross-border  
terrorism, nukes or China’s malicious moves and you will get big,  
bold responses. Ask them about the fiscal deficit, Maoist terror,  
pandemics, environmental catastrophes, our terrifying development  
indices, and they will answer fearlessly. But ask them about  
homosexuality and they will gurgle incoherently, demanding  
ministerial meetings, special committees, national debates, and fall  
facedown at the feet of religious leaders seeking secular salvation.

Which is precisely what they have been doing about Section 377 of the  
Indian Penal Code (IPC), which criminalised "carnal intercourse  
against the order of nature" till last week, when the Delhi high  
court ruled otherwise. In a historic judgment Chief Justice A.P. Shah  
and Justice S. Muralidhar ruled that criminalising consensual sex  
between homosexual adults violates their fundamental rights. This  
decriminalising of homosexuality was long awaited, most countries  
(including China and Nepal, in the immediate neighbourhood) have done  
so years ago.

One would have thought that the United Progressive Alliance (UPA)  
government would be happy to build on this progressive line of  
thought and amend the law, as it had earlier suggested. Instead, it  
hopped from foot to foot, refusing to come out with a straight  
response. The Congress said it had no view on the matter. The  
ministers of health, law and home — who had earlier variously asked  
for, opposed, then suggested and denied suggesting an amendment to  
the law — huddled together, failed to find a cogent line and  
consigned the matter to a group of ministers. They sought refuge in  
parliamentary debate, religious consultation and political consensus.  
The National Commission for Women (NCW), which has been superbly  
shaming itself of late, went back on its demand of a repeal of  
Section 377 and asked for a nationwide debate as "the entire society  
was involved".

But why is "the entire society involved" in a decision that  
apparently affects a minuscule minority, as the traditionalists would  
have us believe? And even if it was, how many laws on matters of  
public importance have been amended after a thorough public debate? I  
don’t recall anyone asking us about national security issues, do you?  
And did anyone ask you about this ambitious Unique Identity Card  
project? What kind of "all party consensus" did the Indo-US nuclear  
deal enjoy? And why on earth would we need to muddy waters further by  
bringing religious leaders into a secular debate?

Sure, the holy keepers of the faith have dutifully objected to  
decriminalising homosexuality. Muslim leaders said the Sharia  
prohibits homosexuality — but we are a "secular democratic republic"  
and not ruled by the Sharia. If we were, we would have to ban pork,  
alcohol, magic, pet dogs and our stock markets. The Catholics oppose  
gay marriage and sex outside of marriage. Well, no one is asking for  
gay marriage right now and no law can prevent sex outside of marriage  
in a free society where people are marrying late. Besides, if  
Catholic rules shaped our laws, we would have to first ban more  
mainstream personal matters like divorce, contraception and abortion  
before moving to the private life of sexual minorities. And of course  
certain Hindu fundamentalists have been clamouring against  
homosexuality. Thankfully, our reformist laws have never given in to  
majoritarian Hindu sentiment. If they had, we would never have been  
able to legislate against sati, child marriage, female infanticide,  
female foeticide, untouchability, child labour, dowry and honour  
crimes. And widow remarriage, inter-caste and inter-religious  
marriage would not be legal. In short, we would still be trapped in  
the narrow, anti-life laws that smother human rights, justice and  
democratic freedoms in the name of convention.

So why exactly does the state need to control the sex life of private  
individuals? It usually does not inflict religious demands on us,  
certainly not in the bedrooms of consenting adults. Sexual  
preference, like religion, is a personal matter. And this 150-year- 
old British law doesn’t just target gays, it demands that anyone —  
gay or straight — be jailed for non-procreative sex or foreplay. Why  
is the state so keen to barge into bedrooms and supervise sexual mores?

Because it believes that allowing homosexuals to love their partners  
would destroy Indian family life? If so, we are forgetting that the  
diversity of India is also reflected in its diversity of family  
types. Bigamy may have been banned, but significant numbers of our  
population have more than one partner, whether they married legally  
or under common law, or whether they plain forgot to get divorced.  
Many of our leaders also fall into this category. Besides, there is  
legally accepted bigamy and polygamy among Muslims. There is also  
polyandry among certain tribes and clans. And many of us make our own  
mix and match family out of friends, relatives, pet cats and dogs.  
Gays cannot destroy the Indian concept of the family by setting up  
their own same-sex families, because there is no one ideal family  
pattern that applies to all Indians.

Besides, how dare the government, the NCW and others suggest that the  
private life of consenting homosexuals is the business of the entire  
nation? For the rest, it can only be anybody else’s business when one  
party complains. Even high-profile bigamous families live happily  
ever after because no one complains. The law can enter the bedroom  
only when one partner lodges a complaint. And in the case of  
adultery, the law doesn’t even recognise the possibility of the wife  
being adulterous. However flagrant her illicit affair, she is looked  
upon as the victim, and the husband can only sue her lover. This is  
another absurd law stuck in time and conventional patriarchal values.  
The wife cannot be sued because she is not accepted as a free  
individual but as the property of her husband, and her master must  
drag to court the man who attempts to steal it. But even this law  
doesn’t suggest that the sex lives of these adults is the nation’s  
business. The nation only thrusts its rubber neck in when it’s sex  
between gay partners.

Back in March 2000 the Law Commission had suggested that Section 377  
be repealed, and the Delhi high court order last week referred to  
that report. Repeal it or amend it, but you can’t ignore it. Because  
Section 377 is not about sex, but about basic democratic freedoms.  
And a democracy must protect these freedoms even if that means  
hurting religious sentiments and making unpopular choices.

Antara Dev Sen is editor of The Little Magazine. She can be contacted  
at: sen at littlemag.com

o o o

VIDEOS:

NDTV 24x7 > Verdict > Legally Gay (2 July 2009)

http://www.ndtv.com/convergence/ndtv/new/NDTV-Show-Special.aspx? 
ID=210#VPlay

NDTV  > We The People     »  Legalisation of Homosexuality

Barkha Dutt The Delhi High Court, in a landmark verdict on Thursday,  
legalised homosexual acts between consenting adults by overturning a  
149-year-old law.
While homosexuality has always been as much a part of Indian society  
as anywhere else, it has had to lurk in the shadows.
Some see the ruling as crucial for the country’s battle against HIV/ 
AIDS. Gay advocacy groups say the fear of persecution by law  
enforcement agencies leaves homosexuals without easy access to health  
information and preventive care. Religious leaders, meanwhile, have  
described homosexuality as "unnatural."
Contradictions are deeply interwoven in India’s social fabric. Will  
the judgment make conservative Indians change their perception of the  
gay community? Are Indians ready to accept same-sex couples?
http://www.ndtv.com/convergence/ndtv/new/NDTV-Show-Special.aspx?ID=213


Midday, July 05, 2009

Activists of National Akali Dal & Sanatan Dharm Pratinidhi Sabha  
demostrating against homosexuality as they are disagree with the  
verdict of Delhi High Court, at Jantar Mantar in New Delhi on Sunday.  
Video by Rajeev Tyagi
http://www.youtube.com/watch?v=XDdbxE9-fy0

_____


[8] India: Human Rights & Democratisation


Mail Today, 8 July 2009


COMPEL GOVERNMENT TO IMPLEMENT POLICE REFORMS ORDERED BY SC

by S. R. Darapuri

ON JULY 3, Dehradun police staged a fake encounter in which Ranveer  
Singh, an MBA graduate who was going to join his new assignment, was  
killed in cold blood. According to the details of the incident, the  
deceased along with one or two friends, as alleged by the police,  
were riding a motorbike. They were stopped by the police at a check  
post.

It appears that the police men misbehaved with them as usual and the  
boys might have objected to it.

This might have infuriated the policemen who may have tried to detain  
them. Out of fear, the boys might have sped away to escape torture at  
the hands of police.

At this, the police might have issued a lookout call on wireless.

Later on, one of the boys — Ranveer — may have been traced and taken  
into custody.

If this sequence of events is true as presumed, the simplest course  
of action by the police should have been to book the boys for an  
offence under the Motor Vehicles Act. Otherwise, if the vehicle  
papers were alright, even an admonition would have served the  
purpose. But as the policemen are often intoxicated on power, they  
don’t relish any opposition to their misbehaviour with the common  
man. Now, as the boys had objected to their misbehaviour and sped  
away, this might have infuriated the policemen, who decided to teach  
them a lesson as they often resort to. They tortured Ranveer Singh at  
the police station and when his condition worsened, they decided to  
stage an encounter.

This action of the police shows how authoritarian and power- drunk  
our police are. They can go to the extent of eliminating a person for  
small opposition to their autocratic ways. This is the general  
mindset of the police. They treat the ordinary citizen as a very  
insignificant being.

They are used to depriving the common man of his right to life and  
liberty without any fear of punishment.

The misdeeds of the subordinate ranks are ignored and overlooked by  
senior police officers who embolden them further. Often, senior  
officers connive with their subordinates in wrongdoings and if  
exposed, they go out of their way to defend them. It is also  
sometimes alleged by subordinate ranks that they are compelled by  
their senior officers to stage- manage fake encounters in order to  
show good work. In the present case, the police station staff could  
not have resorted to this type of action without the prior approval  
of senior officers.

Hence, with my experience in the police department, I can say that at  
present, there is not much difference in the mindset of the senior  
officers and the subordinate ranks.

Due to this, even IPS officers have lost their credibility in the  
eyes of the public. This mindset of senior and subordinate officers  
has been amply manifest in the Dehradun police encounter.

There is a lot of truth in the allegation that the police are the  
biggest violators of human rights of the citizens.

The police functions as the power arm of the state. There is a strong  
brotherhood within the police organisation to protect fellow  
wrongdoers. The police are often misused by ruling politicians to  
settle scores with their opponents.

Often slogans of “ People- Friendly Police” are painted on police  
vehicles; but a people- friendly police is totally impracticable in  
the present set- up. The need of the hour is to implement police  
reforms as ordered by the Supreme Court. The police might be given  
functional autonomy and made accountable as envisaged in the proposed  
reforms.

So far, due to their vested interests, politicians and bureaucrats  
have forestalled the implementation of police reforms. Civil society  
should come forward to compel the state governments to implement  
these reforms, else we will continue to be inflicted with Dehradun-  
type fake encounters.

The writer is a retired IPS officer

o o o

  The Statesman
6 July 2009

REAPING THE HARVEST OF INEQUITY

by Patricia Mukhim

INDIA’S North-east has been blighted by violence for more than half a  
century, with no signs of it abating. Each time a ceasefire agreement  
is reached between a militant outfit and the state, the people hope  
for a respite from the blood-letting, but their hopes are almost  
always belied. The Manipuris have opposed the Naga demand for the  
inclusion of their four hill districts. They perceive this intent to  
chop off all the hills from their map as a most inequitable  
proposition. The extension of the Nagaland ceasefire in June 2001 to  
all Naga-dominated areas of Manipur sent that state into a contortion  
and led to the charring of the state assembly building and killing of  
13 protesters in police firing because they saw it as the Centre’s  
tacit approval of the Naga claim over those hill tracts.
The Naga insurgency and its territorial claims have, in fact, spawned  
nearly three dozen militant outfits in the Manipur valley. First the  
Meitei militant groups wanted to show the Centre that they, too,  
could wield the gun as deftly as the Nagas. The message from the  
Meitei groups is that if India listens to those who have the  
potential to bleed the state, then they, too, can do that with equal  
potency.
Civil society in the Manipur valley supported their kinsmen in the  
early phase of their belligerence but things have now snowballed to  
the point where the Meitei outfits have begun killing and extorting  
their own people. This, of course, happens to be the history of  
insurgency in the region.
The ’60s and ’70s became the years that gave birth to identity  
politics in Assam. The Bengalis were targeted as outsiders with a  
vested interest in Assam. Then came the period of Ahom chauvinism,  
which then churned the pot of discontent and became a fertile space  
in which the Ulfa was born. At the time, most of the hill tribes were  
with the Ulfa in its demand for a sovereign Assam. The Plain Tribals  
Council of Assam, formed in 1967, proposed the creation of a  
consolidated unit within Assam, a proposal that was not accepted by  
Delhi.
During the Assam movement, the Bodos, the largest among the plains  
tribal groups and the oldest indigenous people of the region,  
supported the struggle for Assamese identity. They believed that the  
Assamese would understand the need of the plains tribal also for a  
separate cultural identity. But this aspiration never materialised.
The Bodos and other tribes became restless and demanded autonomy for  
all tribal groups. This was followed by the most virulent form of  
militancy propagated by the Bodos. In February 1993, the Assam  
government granted the Bodo Autonomous Council with 38 subjects under  
it and spanning more thjan 2,000 villages and 25 tea gardens. Later,  
the Bodo language was given official status. Further, negotiation  
gave way to a stronger and more empowered Bodoland Territorial  
Council under the Sixth Schedule. The accord for this was signed with  
the Bodo Liberation Tigers in 2003. That time the oldest and dominant  
group, the National Democratic Front of Boroland was holed up in  
Bhutan along with the Ulfa. Both the BLT and NDFB have one common  
ideology — to establish their authorities as warlords over designated  
territories.
It is an irony of politics that while the Bodos are a minority within  
the BTC areas, they virtually rule over the Assamese population, the  
Koch Rajbongshis and a sizeable population of tea tribes as well as  
other tribes. The Bodos, meanwhile, are not very accommodating of the  
aspirations of the rest of the population, including other plains  
tribes living within the BTC areas. Historically, the tea tribes —  
Oraons, Mundas, Santhals, etc — and the Bodos have coexisted in the  
same geographical space in Assam for over a century. But the contest  
for economic space and political rights has heightened the discontent.
Further, the Adivasis, a tea tribe too, who enjoy that status in  
their original habitat around the Chotanagpur area are deprived of  
Scheduled Tribes status in Assam because of some peculiar ordinance  
which, of course, is not written in stone and can be rewritten. But  
the tea tribes constitute nearly two million of Assam’s population  
and their inclusion in the ST list could further raise issues of  
resource-sharing among the tribes. But that is not the point. Justice  
and fair play demand that the status of a tribe should not change  
merely because of change of location.
It is fine to use the sophisticated language of politics and sweep  
under the carpet these injustices. But these are festering wounds  
that create conditions for anger, frustration and non-peace. Today,  
the BTC areas, commonly referred to as Bodoland, are in the midst of  
another internecine as well as externally induced bloody feud. It is  
almost as if the blood of the innocent, who have been decimated by  
the Bodos, is crying out for justice. The creation of the BTC has not  
made life any easier for ordinary Bodos. They still languish in  
poverty, backwardness and illiteracy. The council has become a source  
of enrichment for a few elected Bodo elite and for the people who do  
business with them.
The Bodos, who are the most advanced of the tribes, have been  
similarly inequitable in their attempts to claim political rights. Of  
the 126 seats in the Assam assembly, 16 are reserved for tribals. Of  
Assam’s 26.6 million population (according to the 2001 Census) the  
tribals constitute 3.3 million. The Karbis are roughly about 400,000  
and the Dimasas (of the North Cachar Hills) about 180,000. The Bodos  
and the fringe tribes of Tiwas, Koch Rajbongshis, Mishings, etc,  
comprise 2.8 million. The Bodos occupy six of the 16 reserved seats  
while the Tiwas do not have a single representative in the assembly.  
The tea tribes have even more insignificant representation. Even the  
Karbis and Dimasas appear to have the requisite ratio in the  
assembly. These inequitable political structures have, over time,  
created the conflagration that results in the deaths of innocents  
every single day in this region.
The current unrest in the North Cachar Hills also has its underlying  
causes in unequal resource sharing. The Zeme Nagas are a sizeable  
chunk of the population in the North Cachar Hills but have a minimal  
share of resources. It is also true that the NSCN(IM) keeps a keen  
watch on the NC Hills as an area of possible extortion apart from the  
extension of its political influence in Assam. So far, the response  
of the state to every kind of aspirational assertion has been to  
accommodate the dominant voices most able to articulate their  
demands. While granting the Bodos the autonomous council, not much  
attention was paid to the aspirations of the smaller tribes. With  
time, these tribes have gained some political clout to create  
problems for the state. These piecemeal attempts to pacify those who  
are able to produce and reproduce violence at will has weakened the  
state further.
For how long can the state continue to capitulate to the demands of  
the most cantankerous groups while ignoring the silent ones without  
serious consequences? Before long, even the tea tribes, stuffed in  
refugee camps, might decide that violence pays because those who can  
stage these bloody uprisings can hold the state to ransom.
Justice and peace are synonymous and one cannot be achieved without  
the other. Hence, there is the need to find the human, economic and  
political resources to bring about a convergence between peace and  
political and social justice in the troubled North-east.

The author is editor, The Shillong Times.

_____


[9] Book Review:

http://www.livemint.com/
12 July 2009

A DEFENCE OF AND AGAINST OFFENCE
A series on world religions, the right to free speech, and the right  
to be offended--and how all three are linked


by Shruti Rajagopalan

I was 15 when Bajrang Dal goons tried to smear saffron paint over  
M.F. Husain’s art. Free speech, censorship, tolerance and secularism  
were big words I didn’t fully understand then, but even I knew the  
Bajrang Dal was wrong and Husain had rights. By the time the Danish  
cartoons were banned, I was a vocal defender of free speech, but I  
found myself walking on eggshells in an attempt to be culturally  
sensitive. My reactions to the two are not separated only by age: I  
could openly support Husain against the Bajrang Dal, but when it came  
to the Danish cartoons, my reaction was muted by my own cultural  
identity and the need to tolerate; after all, I was Hindu.

The victim: The numerous attacks on artist M.F. Husain by Hindu  
fundamentalists raise questions similar to those debated in this  
series. Sebastian D’Souza / AFP

So, the question arises, does the Bajrang Dal have a right to be  
offended? Does Husain have the right to free speech? Do I have a  
right to comment on them irrespective of my cultural identity?  
Questions such as these are taken up in a collection of six books  
published by Seagull Books in collaboration with the Index on  
Censorship. Each book is a long-form essay discussing offence from  
the perspective of the offender, the “victim”, and the religious  
context of Muslims, Jews, Hindus and Christians.
Casper Melville in Taking Offence gives an overall perspective of the  
growing “culture of complaint and oversensitivity”, identifying  
offence and silence across religions and regions in the post-9/11  
world. In particular, he charts out a five-point plan for the media  
on how to handle offensive material using good judgement without  
compromising on freedom.
The most entertaining book in the series, Giving Offence is by writer  
and cartoonist Martin Rowson, written from the perspective of the  
offending party. Interspersed with cartoons, the book discusses the  
role of those in the business of challenging and offending powerful  
interest groups, and concludes that historically, the powerful  
control the minds of thinking individuals and the role of those in  
the business of challenging and offending powerful interest groups.
In Offence—The Christian Case, Irena Maryniak chronicles the sacred  
and the blasphemous in the post-Soviet world and the role of the  
Church in perpetuating silence. Brian Klug discusses how free speech  
is off-limits when it comes to Israel and how censorship is used to  
bolster a nation state riding on Judaism in Offence—The Jewish Case.

The most relevant and interesting to the Indian audience are two  
books in the series by Salil Tripathi and Kamila Shamsie. Shamsie’s  
Offence—The Muslim Case dispels the popular notion that offence is  
encountered in the Muslim world only when it clashes with the West.  
It goes on to explain that offence is a more political intra- 
religious agenda, where Islam is invoked against women and ethnic  
minorities, often without any reference to the West. This stands in  
clear contrast to Tripathi’s Offence—The Hindu Case where offence is  
presented as an inter-religious game, one where Hindu nationalists  
have distorted a broad and liberal religion to compete with other  
religious groups for attention and the limelight.
Tripathi’s book, skilfully detailed yet eminently readable, is  
courageous in the current political context in India. He redefines  
and clarifies the basis of Hindutva and compels the reader to see the  
perverse and distorted version peddled by local politicians. He also  
relates how the very “depictions” found to be obscene have been part  
and parcel of Hinduism for centuries, and the vandalism and protests  
have little to do with Hinduism.
Offence does many things. It gives a voice and a sense of identity to  
the offended class while attempting to silence and shame the  
offenders. The question then arises: Does one have a right to be  
offended? And if so, how is that right enforced? A discussion sorely  
neglected in the entire series is the constitutional and judicial  
framework within which these religious rights and civil liberties are  
balanced. While individuals feel offended, it is typically the state  
that legislates and enforces bans; and the role of the state is a  
part of the puzzle that is not subject to discussion in the series.
The post-9/11 world has clouded many judgements, not only because the  
notion of multiculturalism, secularism and political correctness has  
changed, but because we are more scared than ever before to offend.  
But the culture of oversensitivity and complaint is not just a shadow  
of the towers of the World Trade Center. We all remember images of  
The Satanic Verses being burnt because it “offended Islam”. However,  
the fatwa on Rushdie was not about Islam, it was about politics, and  
Iranian leader Khomeini’s search for a domestic agenda by calling on  
all good Muslims to kill Rushdie and his publishers. Shamsie  
describes how the culture of intolerance was one fostered in search  
of a nation’s political identity in Pakistan. Tripathi chronicles the  
Hindu backlash, which started when the Muslims came into the  
spotlight with the Shah Bano case and the Rushdie fatwa. Like  
petulant children, Hindus, too, resorted to being oversensitive,  
offended and destructive to get a share of the attention; never mind  
that it came at the cost of speech, life and property.
Instead of the historic tyranny of the majority, we now have the  
tyranny of special interest groups over the rest of the world; groups  
which profit abundantly from the business of getting offended. Local  
and national elections are won and international limelight and loyal  
followers are gained with just a single instance. The mere suggestion  
of burning a book or protesting against an artwork, or even the  
threat of intimidation and violence, gets attention and silences the  
offenders. And in the market for ideas and identity, any business  
that is profitable gets more investment. While these benefits are  
concentrated on the special interest groups feeling offended, the  
cost is dispersed.

he cost of this profitable business of offence is not borne by the  
offended profiteers, but by the whole world. We pay for it with blank  
spaces—on our walls, in our bookshelves, in our newspapers, and our  
school books; and missing minutes of songs, plays and films. The  
future generation will pay for it with a gag order and blanks in  
their minds.

o o o

[two volumes from this larger series are listed]
Offence: The Christian Case
Irena Maryniak
Manifestos of the 21st Century

Offence: The Muslim Case
Kamila Shamsie
Manifestos of the 21st Century

Seagull Books
2009

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

S o u t h      A s i a      C i t i z e n s      W i r e
Buzz for secularism, on the dangers of fundamentalism(s), on
matters of peace and democratisation in South
Asia. An offshoot of South Asia Citizens Web: www.sacw.net/

DISCLAIMER: Opinions expressed in materials carried in the posts do not
necessarily reflect the views of SACW compilers.






More information about the SACW mailing list