SACW | July 24-25, 2009 / Afghan Law / Sri Lanka: War and Future / Maldives Floggings / Nepal: Comrade Parvati / India: Batla House Scandal / Haryana Honour killing / Tyeb Mehta

Harsh Kapoor aiindex at gmail.com
Fri Jul 24 19:53:07 CDT 2009


South Asia Citizens Wire | July 24-25, 2009 | Dispatch No. 2649 -  
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]  Afghanistan women outraged at proposed family planning law  
(Janine di Giovanni)
[2]  Sri Lanka: War Without End (Robert Templer)
       - Dr. Neelan Tiruchelvam and the choices before Sri Lanka  
(Lynn Ockersz)
       - Interview, Sri Lankan President Mahinda Rajapaksa (Inderjit  
Badhwar)
[3]  Bangladesh: The ominous extra-territorial terror link (Muhammad  
Nurul Huda)
       + Hena Das: The Flame will go on (Aasha Mehreen Amin)
[4]  Pakistan: HRCP against Encroaching personal freedoms
[5]  Maldives: 150 Women Face Adultery Conviction Flogging (Andrew  
Buncombe)
[6]  Nepal : ‘We Still Fight, But With Words, No Longer With Guns’  
- Interview with Comrade Parvati
[7]  India: Chauvinism / Difference
      - A Class Analysis of the ‘Bihari Menace’ (Awanish Kumar)
      - A Goa Cemetery - a place for all dead,  irrespective of  
caste, community, creed, religion
[8]   India: War on Terror at the cost of Human Rights:
      - Citizens Statement on the NHRC clean chit to Special Cell on  
Batla House
      - Gaping holes in Batla House report (Praveen Kumar)
[9]   India: Honour killing in Haryana
      - Who rules Haryana?: The law or the khaps? (Editorial, The  
Tribune)
      - CPI(M) concerned over ‘honour killing’
      - Mob kills youth for violating caste rule (Vikas Kahol)
      - Caste cloud over law of the land (Vikas Kahol)
      - Another ‘honour killing’ in Haryana
[10]  Book Review: India’s past, revisited (Kesavan Veluthat)
[11] Tyeb Mehta: The Pure Artist (Ranjit Hoskote)

_____



[1]  WOMEN OUTRAGED AT PROPOSED FAMILY PLANNING LAW

Eight years after the Taliban were toppled, Janine di Giovanni  
returns to Afghanistan and sees how a proposed law is instilling fear  
in its women

by Janine di Giovanni
(The Guardian, 24 July 2009
http://tt.ly/1F )

Afghan women protest at the proposed new family law Photograph:  
Robert Nickelsberg/Getty Images

A few days after the Taliban were toppled in 2001 I was in Kabul. The  
city was jubilant and full of hope for the future, and I remember  
talking to some laughing teenage girls in the street. One was excited  
because she could now go back to school. Another sang terrible disco  
songs and showed me dance steps she had been practising for five  
years in secret. A third debated whether to take off her burka. "Is  
it safe enough yet?" she asked me. "For five years, I lived inside  
this prison."

Eight years later I returned, but the Afghanistan I found was far  
from jubilant. Despite the money poured into reconstruction and  
development, it is one of the five poorest countries in the world.  
There is 40% unemployment – nearly 80% in some parts of the country.  
A third of children under five are malnourished. Life expectancy is  
43 – and it is one of only three countries in the world where women  
die earlier than men.

I arrived to meet women before the presidential elections next month  
and to talk about a new law, which if brought in, could have drastic  
repercussions for women. The Shia Family Planning law was signed last  
March by President Hamid Karzai in an attempt, many believe, to  
appease powerful mullahs. The Afghan constitution allows Shias to  
have a separate family law from the Sunni majority based on  
traditional Shia jurisprudence, and some think the law is linked to  
the August elections and the Shia electorate who would have to abide  
by it (they could form up to 20% of the electorate).

The proposed law led to furious protests from women's groups. It  
sanctioned marital rape and brought back Taliban-era restrictions on  
women by outlining when a woman could leave her house and the  
circumstances in which she has to have sex with her husband; Shia  
woman would be allowed to leave home alone "for a legitimate purpose"  
only which the law does not define, and could refuse sex with their  
husbands only when ill or menstruating.

Following international outrage, Karzai backtracked and said the law  
would be reviewed. This month it was amended and re-signed by the  
president, but has not yet been ratified by parliament. Human rights  
groups say it is unclear how much the amendments have done to improve  
the law. And the law has already achieved its aim – instilling fear  
and insecurity among an already traumatised female population.

Soraya Sobhrang, a human rights activist I meet in her Kabul office,  
says, "The law will affect all women if it goes through. It opens the  
door for other repressive laws to be passed, for Sunni Muslims as  
well as Shia." A young doctor friend, Najeeb Shawal, says he is  
seeing more female patients who were depressed since news of the law  
emerged. "They have the kind of hopelessness that comes with knowing  
your life is incredibly repressed. And might become more so."

On Mothers' Day, I had sat with Seema Ghani in her home as she blew  
out candles on a small walnut cake. Her seven adopted children  
surrounded her – six girls and a boy – dancing, practising judo  
and lighting sparklers. "Dear Mother," Seema read above the din from  
a card her children made. "We hope you are happy! Love from your  
children."

Seema is 41, and a single mother. Born in Kabul, the daughter of a  
high-ranking army officer, she moved to London with her family during  
the Russian occupation. When the Taliban fell, she decided to return  
home. "I wanted to do something for my country," she says. She worked  
for the Ministry of Finance setting up budgets; and ran a boutique  
hotel. Now she is a poet, management consultant, and runs her own  
childrens' charity. A straightforward woman who gets what she wants,  
Seema is a rarity in Afghanistan. When she did not find the man of  
her dreams she adopted. "Because of the children, I am happy," she  
says. "But the situation here for women is so tough. There are times  
when I have been severely depressed. And I have resources. What is it  
like for women who don't have that?"

I first met Seema on the day President Karzai was in America,  
backtracking on TV about the Shia law. Her burst of colourful  
clothing – a purple kaftan, skinny jeans and high heels – was  
almost defiant in a city where women still scurry around in burkas.  
"I'm not a feminist or an activist either," she says, ordering green  
tea. "But this law, and what is happening now in Afghanistan, leave  
me little choice." She has been trying, on a grassroots level, to  
instill awareness, to raise a list of women who could enter the  
political arena. But in a population of illiterate and repressed  
women, it is not easy. "We don't want this law," she says quietly.  
"It gets into our bedrooms."

Karzai's initial (ridiculous) defence was that he had not read the  
law before signing it the first time. Most women here are cynical of  
his about-turn. "It's an election year," Seema says. Business  
developer Meena Sherzoy, 49, whom I meet a few days later, says,  
"What is he supposed to say to the west? It makes him look like a  
radical fundamentalist. "

To see the women who will be worst affected by this law, I drove for  
10 hours through rural Afghanistan to Bamiyan. The road to this, the  
least developed province, is unpaved, checkpointed and blighted by  
bandits and the Taliban. We pass miles of country where there is  
nothing but the vast earth and sky, mud houses, and everywhere,  
women – out working in fields, pregnant, holding the hands of  
children or walking in the rain. Most of the houses have no  
electricity and no running water. I don't see many schools or  
clinics. But it does have the only female governor Afghanistan has  
seen since 2005.

Bamiyan is the home of the Shia Hazara, the third largest ethnic  
group in Afghanistan. I am surprised by the "city's" remoteness  
because there has been a huge outcry here from the women over the  
law: demonstrations, protests on the radio, grass roots organisations  
very quickly coming together. I meet one of the protest leaders in a  
small restaurant overlooking the holes in the mountain left when the  
Taliban blew up the ancient Buddha statues there in 2001. Batool  
Mohammadi is 27, black-robed, and heavily pregnant. "The law does not  
fit with humanitarian law," she says. Batool, a Hazara, comes from  
the generation of Afghan women born after the Soviet invasion and  
raised during the Taliban era. She has only known war, conflict and  
repression. The small window of triumph after the fall of the  
Taliban – who brutally repressed the Hazaras – has given her a  
taste of freedom and she is not ready to give it up. "In an area as  
traditional as Bamiyan, one of the major problems with this law is  
that it will stop the trend towards modernisation." As Batool leaves,  
she says that when her baby is born in June, she wants him or her to  
enter a world moving towards equality, not repression.

The governor, Habiba Sarabi, is the former Minister of Women and as a  
Shia will have to obey the law if it is passed. She meets us in her  
sparse office, a grim, Soviet-style building set on a windswept  
plain. There are plates of nuts and fruits and the governor, looking  
exhausted, nibbles dried apricot. At 53, Sarabi is no-nonsense. She  
is a chemist by trade and speaks good English. The daughter of an  
illiterate mother who encouraged her daughter to read and write, she  
tells me when she was young she was mocked as she walked to school  
alone. Having struggled so hard it was particularly hard to see her  
own daughter, now 24, denied education under the Taliban. The family  
escaped to Pakistan and Sarabi worked on human rights and women's  
projects.

On the new law, she tries to be diplomatic, but I can tell she is  
concerned: "Fortunately, women raised their voice." She is confident  
(perhaps overly so) that the law will not go through. But later, at  
her residence, when she curls her stockinged feet under her, she  
admits the wider crisis. Bamiyan is one of the few success stories in  
Afghanistan: it is poppy-free, the government functions well, and as  
she points out, "It is the safest place in Afghanistan. The rule of  
law is important here." She has improved the education and health  
services (instigating midwife programmes, for example, in a province  
that has one major hospital). But can this last? If, following  
elections, Karzai succumbs to the mullahs (who exercise huge  
political power in Bamiyan and the rest of the country), for how long  
will it be safe for women? Even Sarabi finally admitted that if the  
law is ratified, it would affect her too.

Women who have managed to cross gender boundaries seem in a state of  
shock over the law. Jamila Barekzai is a police officer whose female  
colleague was killed by the Taliban last year in Kandahar for daring  
to do a mans' job. When I go to meet her at the Central Afghan Police  
Headquarters on the edge of Kabul, next to one of the biggest Shia  
mosques in the city, she is wearing her olive uniform and heavy black  
eyeliner. She was transferred from Kandahar last year to Kabul when  
she thought she would be killed too. She takes out her mobile phone  
and plays a recording of an unnamed Taliban telling her to stop  
working, "or you will be taught the lesson we taught your friend".  
She says she was mainly frightened for her children and touches the  
gun at her hip.

Her face darkens when she mentions the new law. "The biggest problem  
facing women today in Afghanistan, aside from illiteracy, is the lack  
of support," she says. "It is always the intention of men to keep  
women in their cages. To keep women down." As I leave she adds,  
"women are strong here", but she does not sound convinced.

Jamila's role, advising other policewomen on gender issues, is not  
heavy field work – and I wonder if the government uses her as a fig  
leaf. I wonder the same when I meet a female general in the Ministry  
of Defence in Kabul, Khatol Mohammedzai. She is heavily made up for  
our meeting. A parachutist, she says she is used by the Afghan  
government during parades. I ask if she has ever been in combat. She  
seems surprised. "No. Of course not." Technically, women received the  
right to vote in the early 1960s, and everyone talks about Kabul in  
the 1970s, when women wore miniskirts and were the smartest ones in  
the medical schools. But Afghanistan is scarred by decades of war and  
occupation. The fact that a law like the family planning law could  
even be conceived in 2009 – even if it did come through Iranian- 
influenced radical mullahs as many believe – is surprising to most  
Afghans.

"The speed of which this law has gone through [to the president] has  
shocked me" says Soraya Sobrhang, . "It's not a law – it is theft."  
In April, Sobrhang and some of her colleagues staged a protest.  
"Suddenly, about 200 students from the madrassa surrounded us." The  
women were stoned – Sobrhang , a grandmother, was hit on the  
shoulder and nearly knocked to the ground. Their banners were torn as  
the angry men blocked them from moving towards the parliament. I keep  
thinking of this image – of the tiny grandmother and her brave  
colleagues surrounded by hissing madrassa students. Soraya says she  
is not afraid.

But other people are – for the future of their daughters. Back in  
Kabul, Seema Ghani organises a lunch for her friends – all powerful,  
emancipated women. It is true that they are a small class within  
Afghanistan, but they have very different backgrounds. Some were  
educated in the west; some lived in America. Some like Aziza Momman,  
who ran girls schools during the time of the Taliban, or Fahima  
Barati, who runs a school for dressmaking, hold traditional views.  
But they are united on one point: the law stuns all of them.

As they talk it sounds like the kind of banter I could hear at home  
in Paris. A middle- aged woman recounting how her husband left her  
for a younger woman; an overworked mum talking of her daughter  
resenting her job; a single woman complaining about finding a man in  
your 40s. Except these stories have a deeper resonance: the husband  
leaves his wife for a younger second wife; the daughter is  
embarrassed by her feminist mother who does not wear a burka and is  
threatened by the Taliban; the woman in her 40s complains that an  
Afghan man is happy to have a spirited intelligent lover, but when it  
comes down to it, "they want the virgin!" "The glass ceiling is very  
thick here," admits Katrin Fakiri, "those who break it have to be  
exceptional." And Meena Sherzoy, who runs her own business, says, "If  
we had female leadership, this law would not be going through . . .  
would not even be raised."

Before I leave, I meet Hasina Syed Jouvenal, who at 27 is managing a  
fistful of different enterprises (including her latest, trying to  
import tomato hot-houses to be run by a women-only farm) and the  
mother of two small girls.

"Women can do anything," she says brightly when we talk about the  
law – meaning that women can turn it around. "They make better  
managers. They are more trustworthy. And they have kind hearts. I am  
going to continue using them as managers because it is my way of  
moving women forward." I am not surprised when I hear that Hasina is  
being touted as a young politician. But the law won't affect her –  
she has a British husband.

When I leave, someone tells me the Taliban spring offensive has  
begun, American troops are pouring in, and President Karzai is  
beginning his political campaign. I keep thinking of Batool, the  
pregnant activist in Bamiyan, and her baby, and her life in 20 years'  
time. If the law does not pass and women continue rolling on, she has  
a chance. If not, she might still be wearing a burka and never learn  
how to drive.


_____


[2] Sri Lanka:


The New York Times,
July 21, 2009

WAR WITHOUT END

by Robert Templer

The guns have fallen silent in Sri Lanka’s bloody civil war, but the  
deep wounds of ethnic animosity have not even begun to heal. An  
estimated 300,000 Tamil civilians remain essentially prisoners in  
internment camps run by a Sinhalese-dominated government.

To begin easing the deep mistrust between the communities, donor  
countries will have to pressure the government to be as serious about  
securing a just peace as it was earlier this year about winning the war.

The final months of combat in the decades-long war between the Sri  
Lankan Army and the rebel Tamil Tigers were brutal. As government  
forces tightened a noose around insurgent positions, hundreds of  
thousands of civilians were caught in the middle.

The army was indiscriminately launching artillery shells and air  
strikes into mixed areas of insurgents and innocents, and the Tigers  
shot at people who tried to escape. The U.N. estimated some 7,000  
civilians, including at least 1,000 children, died and more than  
10,000 were injured in the last few months of the war.

The legacy of atrocities on both sides clearly needs to be  
investigated if the Tamils and Sinhalese are to share the same island  
peacefully in the future. The immediate concern is for the 300,000  
Tamils still interned behind barbed wire in camps with no government  
plan for returning them to their homes. Up to two thirds of them are  
in the giant camp at Manik Farm, where lives are lost every day to  
overcrowding, poor sanitation, lack of clean drinking water and  
inadequate medical services.

The government has blamed the United Nations and international aid  
agencies for the poor conditions, because those organizations are  
reluctant to build permanent or semi-permanent shelters to house the  
displaced. The real origin of the problem, however, is the  
government’s refusal to expedite its “screening” process and  
allow tens of thousands of the displaced to live with relatives or  
host families.

Furthermore, access for international agencies is restricted in ways  
that limit the effectiveness of aid delivery. Many of the  
restrictions appear designed to prevent the disclosure of conditions  
in the camps or the situation that civilians faced during the final  
months of the war. No private consultations with the displaced are  
allowed in the camps, and no cameras or recording equipment can be  
brought in.

Many of the displaced remain uncertain about the whereabouts or fate  
of family members from whom they have been separated. Many suspected  
of involvement with the Tigers have been separated from their  
families and detained for further questioning, some in undisclosed  
locations. Some end up in detention and rehabilitation centers that  
the Red Cross and Unicef have access to.

One case deserves special mention. Three Tamil government doctors and  
one senior health official are known to be in government custody and  
are now threatened with prosecution for cooperating with the Tamil  
Tigers. As just about the only remaining officials inside the war  
zone in the final weeks, they worked heroically to save lives and  
alert the world to the humanitarian disaster endured by civilians  
trapped in the fighting. On July 8, their captors forced them to  
recant their stories. This farce should end: They should be freed.

After winning the war, the Sri Lankan government now risks losing the  
peace with its approach toward ethnic Tamils displaced by the  
conflict. Colombo needs to alter course if the country is to begin  
overcoming years of animosity and avoid having old hatreds and  
current antipathy turn into the next Tamil rebellion.

Specifically, the government needs to provide a clear timetable for  
rapid and full resettlement of those currently interned in all the  
camps. It also has to make significant improvements in access to and  
conditions in those camps. Colombo should make public its lists of  
the interned and allow the Red Cross access to all places of  
detention and all aspects of the “screening” process conducted by  
the military and intelligence agencies.

The international community has a clear role to play in convincing  
the Sri Lankan government to take these steps. The cochairs of the  
Tokyo Conference on Reconstruction and Development of Sri Lanka —  
the United States, the European Union, Japan and Norway — have  
particular responsibility as they prepare to meet in August. They  
must send an unequivocal message.

All donor countries, both acting alone and using their influence in  
key institutions such as the World Bank and the Asian Development  
Bank, should condition all new non-emergency economic assistance to  
the country on their implementation. Creating the basic conditions  
necessary for a sustainable and equitable peace demands no less.

Robert Templer is Asia program director of the International Crisis  
Group.

o o o

The Island
23 July 2009

DR. NEELAN TIRUCHELVAM AND THE CHOICES BEFORE SRI LANKA

by Lynn Ockersz

When Dr. Neelan Tiruchelvam was mindlessly and ruthlessly  
assassinated by the LTTE 10 years ago, he was on a momentous mission  
which promised to give democracy in Sri Lanka a new thrust and  
dimension. Essentially, his endeavour was to develop this  
countrydemocracy to such a degree that it was fully accommodative of  
the legitimate interests and needs of all of Sri Lanka’s  
communities. In other words, investing every group and citizen of  
this country with total self-respect and dignity was foremost among  
Neelan’s priorities.

At the time of his death, Neelan was helping out in the crafting of  
the year 2000 draft constitution which was eventually consigned to  
the flames in Parliament by some irate Opposition MPs, who, not  
surprisingly, thought it wise to throw in their lot with the ultra  
nationalism of Southern Sri Lanka, at the proverbial eleventh hour.  
Through their shocking behaviour, these MPs established their lineage  
with the destructive hordes in this country’s post independence  
history, who, on numerous occasions, put a savage end to political  
proposals aimed at resolving the National Question.

It is fierce, fire-breathing nationalism of this kind in Southern Sri  
Lanka which set the stage for the unsettling emergence of the LTTE in  
the North, but the brutality of the Tigers only served to heighten  
communalism in the South, which, in turn, of course, unrelentingly  
fed the flames narrow Tamil nationalism in the North.

Neelan’s inputs into efforts at resolving the conflict by political  
means, since particularly 1994, would have helped in ending this  
vicious circle of mutually-reinforcing virulent nationalisms, but it  
was not to be because nothing would have been in accord with the LTTE  
agenda more, than a Sri Lanka which was reeling and weakening in the  
grip of fiercely competing, armed nationalisms, which would have  
ensured for the Tigers, a commanding and unassailable position in the  
politics of the North. By this Tiger logic, therefore, all attempts  
at resolving the conflict politically had to be quashed and those in  
the forefront of these efforts, to the LTTE, were ‘traitors’, who  
needed to be eliminated.
[. . .]
FULL TEXT AT: http://tt.ly/1E

o o o

 From Tehelka Magazine, Vol 6, Issue 30, Dated August 01, 2009
‘PRABAKARAN CLOSED THE DOOR ON ME. I WANTED PEACE’
In an exclusive interview, Sri Lankan President Mahinda Rajapaksa is  
combative towards the West and conciliatory towards India
http://www.tehelka.com/story_main42.asp? 
filename=Ne010809prabakaran_closed.asp

_____


[3] Bangladesh:


The Daily Star
July 25, 2009

THE OMINOUS EXTRA-TERRITORIAL TERROR LINK
We wish to see them behind the bar. Muhammad Nurul Huda

THE two arrests of alleged Indian nationals linked to Pakistan-based  
militant group Lashkar-e-Taiba(LeT) and their statements bring to the  
fore the schemes of the so-called religious extremists about which  
there is not much awareness in public mind. It is quite ironic and  
unsettling to find that some quarters continue to find inspiration  
from Pakistan, which unfortunately finds itself handicapped in the  
matter of operationalising the constitutional sources of legitimacy.

Readers may find it relevant to note that in Pakistan problems of  
nation-building persisted for a painfully long period on account of  
extended unrepresentative rule. In Pakistan, popular sources of  
legitimacy based on a mass mandate lost their relevance and thus  
perhaps as a substitute, divine sources of legitimacy were  
articulated and cultivated by the vested interests.

Socio-political conditions in Bangladesh are much different from what  
it is in Pakistan but if we look back we will find that in the  
campaign for the 1970 elections, the army leadership under Yahya Khan  
opted for an informal alliance with the Islamic parties against the  
populist challenges spearheaded by Bangobandhu Sheikh Mujibur Rahman.

The subsequent military-mullah nexus in Pakistan facilitated the  
Islamisation of laws, education, morals and manners against what was  
condemned as populist and progressive causes underscored by a  
relatively diffuse class dynamics.

One may recall that the madrassa certificates were accorded a status  
equivalent to a bachelor's degree in Pakistan on late General Zia-ul- 
Huq's initiative in the 1980's. The question is, at whose insistence  
something similar was done in Bangladesh in the not-too-distant past?  
Are the so-called Islamic parties and the not-so-manifest extremists  
going to wield a relatively high level of political influence that is  
not generally commensurate with their electoral performance?

We would perhaps do well to appreciate that the sources of  
mobilisation of the religious extremists, both external and internal,  
and the pursuit of Islamisation of laws, institutions and the  
economy, brought about crucial changes in the institutional balance  
within the power structure of Pakistan.

Consequently, debates about democracy, economy, education, culture,  
women's right, and human rights issues as well as the functioning of  
bureaucracy and judiciary started to draw heavily on the divine  
sources of morality, authenticity and accountability. The question  
is; do we want a similar situation to develop in the People's  
Republic of Bangladesh?

Our political leadership needs to realise that providing space for  
the extremists, whether or not under domestic or external  
compulsions, would encourage them to shape the country's ideological  
discourses according to its own distorted priorities and preferences.  
Such extremists, no admirer of our republican dispensation, would  
always be on the opposite side of democratic and liberal elite. If  
unchecked, the extremists would seek to define the State through  
street agitation, lobbying, networking and vote politics.

We cannot afford to de-legitimise the liberal current of opinion in  
the process of countering the bigots and extremists. Socio-economic  
efforts geared towards a solution of the ongoing conflicts should be  
accorded priority. What we need is a policy on the unresolved socio- 
economic issues, not a policy on faith. In our agenda for a  
meaningful democratic life, the drive against terrorism should not  
lose the momentum. Measures towards that direction, nationally,  
regionally and internationally should attract greater attention.

Muhammad Nurul Huda is a columnist of The Daily Star.

o o o

http://www.thedailystar.net/magazine/2009/07/04/postscript.htm
Star Magazine
July 24, 2009

HENA DAS: THE FLAME WILL GO ON

by Aasha Mehreen Amin

When people like Hena Das pass away, the sadness is felt by everyone,  
even those who never even met her. For individuals who dedicate  
themselves completely to serve humanity, they are not just people but  
legends, guardian angels and the much-needed visionaries of a society  
that needs all the help it can get.

Often it is hard to recognise them when they are alive for most of us  
are too busy in our selfish pursuits and subjective definitions of  
survival. Many of us want to do good things but just don't know how  
to keep focus, how to extricate ourselves from worldly attractions.  
Hena Das started focussing on what she wanted to do at the age of 13  
when she joined the struggle for independence against then-undivided  
India's British rulers. Trying to establish justice in the form of  
fighting for the rights of the ordinary man and woman, seemed to be  
an obsession for Hena Das. A pure communist who married a communist  
leader, she was the central committee member of the Communist Party  
of Bangladesh (CPB) and never missed an opportunity to take part in  
any movement for the cause of equality and justice. She was a central  
figure in the Language Movement and the War of Liberation. A  
dedicated teacher, she worked to establish the rights of teachers and  
was also a member of the first education commission headed by Dr.  
Qudrat-e-Khuda. She organised female tea garden workers to form trade  
unions to fight for their rights in the early fifties.

But her most significant and talked about role was that of a pioneer  
of the women's movement. As the vice-president of the first committee  
of Mahila Parishad she was it's president for eight years after the  
death of Sufia Kamal.

Women in our country are far from being emancipated; they are still  
victims of parochial customs and traditions, religious  
misinterpretation and medieval barbarism. Every day the newspapers  
give us an update on just how far the repression of women can go,  
with religious edicts to flog a woman senseless for alleged looseness  
and demented husbands setting fire to their wives to play out some  
sick, sadistic game. Yes there is still a long way to go and we  
continue to be the most vulnerable in human society.

But we are survivors and most of all, fighters. We have laws now to  
put away these sadists and perverts, we have more men now who support  
equal rights and we have a society that is more open to females being  
educated, to women working, being financially independent and being  
at the helm of government. All this did not just happen. It started  
with Begum Rokeya and she left that spirit of fighting injustice, to  
others who continued to bear the torch. Mahila Parishad has always  
been a sincere upholder of that legacy, giving women a voice that had  
never been heard before, bringing them together from the furthest  
corners of the country to continue the movement. After Begum Sufia  
Kamal it was Hena Das and then Ayesha Khanam that led Mahila Parishad  
in its continued struggle to get policy makers and governments to  
listen to that collective voice for justice and to make changes in  
the way the state treats and views half of the country's population.

Hena Das inspired her colleagues and many prominent figures such as  
Agni Kannya Matia Chowdhury, now our Agriculture Minister, who says  
that she was inspired politically by the legendary Das.

It is unfortunate but true that individuals with such integrity,  
unfailing determination and an unbridled passion to fight for the  
cause of justice have become more and more a rarity. But Hena Das's  
teachings of life will continue to be taught to inspire and ignite  
the fire that urges us to take the un-trodden, sometimes unpopular  
path as long as it is the right one. She truly remained a teacher for  
she taught us the most important lesson in life: how to be human.


.Copyright (R) thedailystar.net 2009

_____


[4] Pakistan:


HRCP AGAINST ENCROACHING PERSONAL FREEDOMS
July 17, 2009

Press Release, July 17, 2009

LAHORE,: The Human Rights Commission of Pakistan (HRCP) condemns the  
government’s move intended to use state power to prosecute and  
punish certain kind of messaging through cellular phone networks and  
content on the websites and calls upon the government to withdraw  
such measures and desist from introducing any law to this effect.

The HRCP statement said:

In recent days, federal government representatives have expressed the  
government’s intention to introduce a law to prosecute and punish  
people who indulge in certain kind of messaging (SMS) through  
cellular phone networks.

The government has announced that messages containing any content  
against the state or immoral material would be punishable under the  
law. The Human Rights Commission of Pakistan views proposed measures  
with concern and as an intrusion into the personal liberties of  
citizens. The government seems to be embarrassed by criticism of  
certain government officials and policies and actions in the  
messaging of the people on cell phones and blogs on websites and  
intends to muzzle the people’s voice by curtailing their freedom of  
expression.

The Commission is of the view that this is not the way to persuade  
people to respect a government which does not earn this status by its  
deeds. The Commission also believes that the recent modification in  
the government’s stance that the law would be directed against those  
who speak against the state and not against those who only attack the  
government is meaningless because in Pakistan the government has  
often been treated as the state.

The Commission demands of the government to stay away from enforcing  
any legislation to this effect which will not only be violation of  
people’s human rights but hamper the nascent democratic process in  
the country.  The HRCP is of view that the new means of electronic  
communication pose a challenge to all governments and societies and a  
way will have to be found to deal with the explosion of communication  
without encroaching upon personal freedoms.

Asma Jahangir
Chairperson


_____


[5] MALDIVES


The Independent, 22 July 200

MALDIVES - WOMEN FACE ADULTERY CONVICTION FLOGGING

by Andrew Buncombe, Asia Correspondent

Almost 150 women living in the Maldives face a public flogging for  
indulging in extra-marital sex after being convicted by the Muslim  
country's conservative courts. Around 50 men also face the punishment.
Earlier this month, an 18-year-old woman fainted after she was  
flogged 100 times having been found guilty of having sex with two  
different men. The woman, who was pregnant at the time of sentencing,  
had her punishment deferred until after the birth of her child and  
the court said the teenager's pregnancy was proof of her guilt. In  
contrast, the accused men were acquitted, with one of them escaping  
punishment simply because he denied the charge.
The head of the country's Criminal Court, Judge Abdulla Mohamed, told  
the island's Minivan News that flogging was a deterrent and not  
designed to cause injury and said the person carrying out the  
punishment was prohibited from raising his arm higher than his  
shoulder. "The public should know this lady or man have done these  
things and they will stay away from these things," he said. As to why  
fewer men were prosecuted, he said: "A man, after making this  
problem, will go away and maybe the woman will have relations with  
more than one man and won't know who was responsible. Or the man  
denies it."
But Amnesty International's Maldives specialist, Abbas Faiz, called  
flogging "a cruel, inhuman and degrading punishment which is banned  
by international human rights law. The practice is humiliating and  
leads to psychological as well as physical scars for those subjected  
to it for years. [It is] a form of torture." The most recent official  
statistics available to the group date from 2006 and show that a  
total of 184 people were sentenced to flogging for extra-marital sex  
under a penal code that includes elements of Sharia law. Of those 146  
were women, with the majority of the punishments still to be carried  
out.
In the Maldives, an island nation made up of more than 1200 atolls,  
the issue of flogging has become a political battleground following  
the whipping of the teenager earlier this month outside a government  
building in the capital, Male. Reports said that the women required  
hospital treatment after she was flogged in front of a jeering crowd  
of men.
Since then there have been a number of demonstrations in favour of  
flogging and several articles published defending its use. Since the  
case was publicised there have been a number of demonstrations in  
support of flogging, some calling for the deportation of a British  
journalist, Maryam Omidi, who published reports of the incident in  
the local Minivan News. "It's hard to tell whether this is indicative  
of a wider feeling, because people are afraid to speak out," Omidi  
said. "But I had people calling me up to offer their support."
In its first free polls held last year, the Maldives elected as its  
president Mohammed Nasheed, a former prisoner of conscience. But  
campaigners say the liberally-inclined Mr Nasheed feels prevented  
from speaking because of his dependence on Islamist coalition allies  
and because of opponents who are using a debate over Sharia law as  
political lever.
The Islamist Adhaalath Party, which is a member of the coalition  
government, has denied organising these demonstrations.
Yet, some voices have spoken out. "We don't cut off the hands of all  
those who steal and we don't implement the death sentence so why do  
we continue with these very inhumane practices, especially when the  
statistics show that the victims are women," said MP Eva Abdulla.
Reports suggest that in recent years, many mosques in the Maldives  
have fallen under the influence of foreign, conservative imams. The  
previous president, Maumoon Abdul Gayoom, who had been Asia's longest- 
serving ruler and who positioned himself as the country's "defender  
of Islam", had sought to use the religion to bolster his dwindling.  
The government in turn said that more conservative forms of the  
religion had been able to spread as restrictions on freedom of  
expression were lifted.
For Mr Nasheed, a former political activist who served six terms in  
jail, the controversy is a severe test. While his inclinations may be  
of a moderniser, he remains dependent on the support of the  
conservative Adhaalath Party. Indeed, the party is said to have a  
grip on the ministry of Islamic Affairs which Mr Nasheed created last  
year, apparently a political reward for its support.
Last night, presidential spokesman Mohamed Zuhair told The  
Independent the government was committed to fulfilling its  
obligations to international treaties that prohibit torture. He  
added: "The president is holding meetings with all concerned parties  
to try and deal with this."


_____


[6]  NEPAL:

 From Tehelka Magazine, Vol 6, Issue 30, Dated August 01, 2009
	 	
NEPAL : ‘WE STILL FIGHT, BUT WITH WORDS, NO LONGER WITH GUNS’

50-year-old Hisila Yami alias Comrade Parvati, Nepal’s most powerful  
woman Maoist leader, dispells the myth that Maoist guerillas are  
bellicose and unkempt. She is suave, soft-spoken and smiles often.  
Educated in India and England, this architect taught in a college for  
13 years before going underground during the Maoists’ 11-year-long  
armed struggle. From guerilla camps to becoming Minister for Tourism  
to being elected to Nepal’s Constituent Assembly, Hisila has had a  
long and eventful journey. Despite being a political heavyweight — a  
Member of the Politburo of the Unified Communist Party of Nepal- 
Maoist (CPNM), a former Minister and wife of Baburam Bhattarai, the  
ideological fount of the CPN-M — Hisila wears her identity lightly.

In a smart business suit, a salt-andpepper- haired Hisila spoke to  
AMRITA NANDY-JOSHI of the Nepali Maoists’ transition from revolution  
to realpolitik, from military offensives to political offensives and  
the roadblocks faced in between.
image

Despite years of a violent war, what brought the Maoists victory in  
Nepal’s Constituent Assembly elections?
Our armed struggle was a people’s war. The people of Nepal had grown  
intolerant of a corrupt and inefficient government. The monarch and  
other non-left parties have promoted and taken advantage of the  
dominant Hindu belief systems. With the Army supporting and  
protecting monarchy and imperialism, people eventually saw who stood  
for what. The CPN-M declared total war against these forces. We had  
even thought of taking over Kathmandu but we realized that this would  
not be appropriate. Besides, we knew how India and China would have  
responded.

Meanwhile, the Maoists gained popularity and our strategy gained  
momentum because we delivered what the government could not. For  
example, justice was Kathmandu-centric and archaic. So we appointed  
two legal officers, a man and a woman, to every district. We started  
a crude banking system and cottage industries as well. We almost ran  
a parallel government. People knew and appreciated our values of  
egalitarianism.

How difficult is it for Maoists to deal with realpolitik?
Entering a multi-party parliamentary democracy system is certainly a  
departure from certain models of communist revolution. Yet, in  
another way, war and democracy have a dialectical relationship.

Nepal has a rich leftist tradition and movement, with many shades of  
red. We have fully used this to our advantage to enter the peace  
process. We are following the Comprehensive Peace Agreement (CPA), a  
timetable for the Maoists to enter Parliament, lay down arms, join  
the Government and participate in the electoral process.

At the Constituent Assembly (CA) meetings, I watch our cadre members  
and am amazed at how quickly they have learnt the ropes. Yet, the  
struggle is on. We fight now with words and not with guns – we argue  
over the expressions to be used in drafting the Constitution (smiles).

What roadblocks are causing the current stalemate?
Our strongest opposition is from the military because their supremacy  
is challenged in a parliamentary democracy. They enjoyed impunity  
under the monarchy and do not like us for our egalitarian ideals and  
the idea of civilian supremacy. Other non-Marxist parties such as the  
Nepali Congress, too, see the military as their last saviour, and so  
cling to each other and to imperialist agents.

The Comprehensive Peace Process clearly states that the cadres of the  
People’s Liberation Army will be integrated into the Nepal Army. The  
Army Chief has overruled this. Since the army’s loyalties to the  
monarchy are well known, we suggested that the terms of generals not  
be extended. In fact, new officers were recruited to the top echelons  
of the police and paramilitary forces. We faced no opposition. Yet,  
when it came to the Army, the same idea became untenable. We are keen  
to end the impasse and want to be flexible but our flexibility is not  
absolute.

Is there democracy within the party?
Internal democracy in the CPN-M is very strong. Prachanda encourages  
diversity of ideas but has the knack of keeping the team together.  
There are some who do not agree with our struggle within the  
parliamentary framework. There are contradictions, old and new. Yet,  
we are all firm that we will not let realpolitik overcome our people- 
oriented agenda.

Have you left the path of armed struggle for good?
We have given up violence for the time being. In fact, we want to  
integrate our People’s Liberation Army into the Nepal Army so that  
our boys receive good training. To us, this was part of a  
restructuring exercise. The Army is rather feudal and is resisting this.

If the peace process is long, some cadres may leave us. Some of them  
have joined the Terai movement. Even within our party, some want to  
go back to the path of revolution. A philosophical churning is on,  
not just within our party but within other parties as well.

In other South Asian countries, federal decentralisation has defeated  
the collective spirit. How will you ensure you don’t repeat the  
mistake?
Federalism helps reach out to every person in a parliamentary  
democracy. We are discussing this at the CA and are proposing 15  
states to accommodate all communities. Religious and ethnic conflicts  
happen in Nepal as well. In the Terai, there have been clashes  
between Hindus and Muslims but things do not flare up like they do in  
India.

As Maoists, however, we believe that as economic development takes  
over, religious and ethnic sentiments will wither away. All three  
regions of Nepal have to be economically viable and integrated in  
order to keep conflict at bay. There will have to be an inch-by-inch  
adjustment.

In the name of culture, religious and ethnic issues can take the  
stage. By ensuring that that workers and peasants have representation  
within ethnic groups, we hope to resolve ethnic and class conflicts.

When we went to war in 1996, our agenda was a new, democratic  
revolution. This stage — the peace process — is penultimate. The  
goal is still the total restructuring of the state.

It is momentous to be part of a country’s constitution-making  
exercise. How are you ensuring that it is progressive, particularly  
with regard to women?
We have been preparing for this moment for a long time. Women are  
part of all CA sub-committees on planning and development. There are  
several young women from the dailt, sherpa, madhesi and Muslim  
communities representing different political parties. They are  
planning land reforms while keeping the interests of women, dalits  
and other marginalised groups in mind. Inheritance rights will be re- 
looked at. The sub-committee will recommend that inheritance take  
place in the name of the mother, daughter and so on.

As per a Supreme Court ruling, the ‘third sex’ will be a  
recognised category of sexual identity. Our forms and other papers  
should soon have a box with ‘third sex’, besides the usual  
‘man’ and ‘woman’ options. Nepal’s society is quite liberal  
about sexual identities and orientation. The left, in particular, is  
tolerant towards these issues. In fact, Sunil Pant is Nepal’s first  
openly gay Member of Parliament.

Yet, women’s struggle against patriarchy will be long and hard. When  
my name was to be registered for elections to the CA, the officials  
assumed that I use my husband’s name and registered me as Hisila  
Yami Bhattarai!

At this juncture, what role do you expect India to play in Nepal?
India’s role should be mature. During the debate over Army Chief  
Katawal’s unconstitutional response, India supported him and  
pressurised us to give in to an Army that has always supported the  
monarchy and been status quoist.

The Indian government has declared the CPI (Maoist) as terrorists and  
has banned them. What is your reaction? Do you have any links to them?
Banning the outfit will not help. Economic issues should be dealt  
with through economic measures. The Indian Maoist parties concentrate  
on their own work. We focus on ours. We do sympathise with them.

How is China reacting to the developments in Nepal?
China is busy doing business (smiles).


_____


[7]  INDIA: Chauvinism and Difference

A CLASS ANALYSIS OF THE ‘BIHARI MENACE’

by Awanish Kumar

Migrants from Bihar are accused of taking over urban areas and jobs,  
most recently in Mumbai. Bihar has come to represent a cultural  
symbol of backwardness, “dirtyness” and trouble, which is almost  
impervious to “development”. This article attempts to understand  
the class and caste locations of these prejudices and analyses the  
reasons why Bihar and Biharis are the target of such singular  
chauvinism.
http://www.epw.in/epw/uploads/articles/13707.pdf


A Goa Cemetery - a place for all dead,  irrespective of caste,  
community, creed, religion
http://www.timesonline.co.uk/tol/news/world/asia/article6718542.ece


_____


[8]  India: War or Terror at the Cost of Human Rights

http://www.anhadin.net/article84.html

Media Release - 23 July 2009

STATEMENT ON THE NHRC REPORT ON THE ALLEGED ENCOUNTER AT BATLA HOUSE

On 20th May, the Delhi High Court, acting on a petition filed by the  
People’s union for democratic rights and Anhad, had asked the  
National Human rights commission to conduct their own inqury into the  
alleged Batla House encounter of September 2008 and give a report  
upon it. This order of the High Court was made after the High Court  
was shown reports of four independent organisations into the  
encounter, including the report of PUDR, the Delhi union of  
journalists, the Jamia Teachers Solidarity group, all of which  
seriously questioned the version of the Delhi police regarding the  
encounter. These reports and the petition filed by the PUDR had  
pointed out several specific problems with the version of the Delhi  
police. In particular, the following questions were raised about the  
version of the Delhi police.

    1. If these boys were killed in a genuine encounter, how did the  
17-year-old boy Sajid have four bullet holes on the top of his head,  
which could only happen if the boy was made to sit down and shot from  
above.
    2. How is the skin peeled off from Atif’s back? This was clearly  
visible in the photograph taken before his burial which is annexed to  
the PUDR petition. Obviously Atif had been tortured before being killed.
    3. How are the other blunt injuries on the bodies of the boys  
explained by the police version of the encounter?
    4. If the police knew in advance (as they claimed) that these  
boys in the flat were the terrorists involved in the Delhi and other  
bomb blasts, why did Inspector Sharma go in without a bullet proof vest?
    5. How could 2 of the boys escape from the flat which had only  
one exit (two doors next to each other) and from a building which had  
only one exit?

It was expected that in these circumstances, the NHRC, would conduct  
its own investigation into the matter. The report dated 20th July  
2009 of the NHRC given to the High Court on 22nd July, however shows  
that far from conducting any investigation into the matter, the NHRC  
has merely relied upon the Police reports for their report. They have  
not even examined or investigated the above questions which were  
squarely raised in the PUDR petition on which the High Court order  
was issued to the NHRC. They have not even examined Saif, the third  
boy picked up by the police from the flat, nor even any of the  
witnesses of the Batla house area who had deposed before the  
People’s Tribunal. They have just swallowed the police version hook,  
line and sinker. And this is despite the fact that there has been no  
independant police investigation or even a Magisterial enquiry into  
the encounter as mandated by the NHRC’s own guidelines.

It is extremely unfortunate that the premier Human Rights Body set up  
to investigate Human Rights violations is becoming a rubber stamp for  
the police. The same attitude of the NHRC was evident when the  
Supreme Court asked the NHRC to investigate allegations of Rape and  
Murder against the Salwa Judum. The NHRC send a team of essentially  
police officers who spoke mainly to the local police and other  
officials and gave a white washing report.

The time has come to seriously reexamine the manner of appointment of  
members of the NHRC and its powers. The present system of appointment  
by a committee of Prime Minister, Home Minister, Speaker and Leader  
of Opposition etc. is not working satisfactorily. All of them seem to  
want a toothless and tame body which will not question those in power.

Since the NHRC report does not address or answer the disquieting  
questions raised by the several independent fact finding reports  
about encounter, it is therefore essential that there be an  
investigation into the "encounter" by an SIT appointed by the Delhi  
HIgh Court.

Signed by:
  Shabnam Hashmi (Anhad)
  Moushumi Basu (Secretary, PUDR)
  Dr. Anoop Saraya (Jan Hastakshep)
  Harsh Mander (Director, Center for Equity Studies)
  Sreerekha & Tanvir Fazar (Jamia Teachers Solidarity Group)
  Colin Gonsalves (Director, Human Rights Law Network)
  Arundhati Roy (Writer)
  Kavita Krishnan (CPI ML Liberation)
  Kamini Jaiswal (Advocate)
  Mehtab Alam (Association for the protection of democratic rights)
  Prashant Bhushan (Advocate)
  Harsh Dobhal (Human Rights Law network)

o o o

Mail Today
24 July 2009

GAPING HOLES IN BATLA HOUSE REPORT

NHRC has chosen to overlook key evidence that defy the police theory

by Praveen Kumar in New Delhi

THE NATIONAL Human Rights Commission (NHRC)’s Batla House encounter  
report is based, by its own admission, primarily on the claims of the  
police and the forensic evidence shown to it. The rights body did not  
find it necessary to cross-check these claims — even though there  
are glaring contradictions in the versions submitted by two police  
officers of how the September 19, 2008 encounter took place.

The counsels of the families of the two youth who were killed and  
those who were arrested have blamed the NHRC for turning a blind eye  
to eyewitnesses and not even speaking to the arrested youth. Worse,  
the four-member panel which com compiled the report also seems to  
have overlooked cru- cial evidence available from the autopsy  
reports — which it had complete access to. Details like the position  
from which shots were fired, the range of firing and the kind of  
weapons used punch more holes into the police theory.

An NHRC representative said the commission found the evidence  
proferred by the police was sufficient to report that no human rights  
violations took place in the encounter. But how does it explain the  
difference in the versions of the encounter submitted by additional  
commissioner of police R.P.

Upadhayay and joint commissioner of police Karnail Singh?  
Upadhayay’s version, filed on October 23, says inspector M.C. Sharma  
led a police team into the L-18 building to raid the flat where the  
special cell believed the terrorists to be holed up.

“The remaining team members (of the police party) remained at the  
ground floor to cover the building,” Upadhayay’s report adds.  
“The team knocked at the main door of the flat and disclosed its  
identity, but the occupants of the flat did not respond.”

This differs from Karnail Singh’s report, submitted on November 19,  
in two key aspects: how the police team that carried out the  
encounter entered the flat, and where the rest of the police party  
was positioned.

Karnal Singh writes: “A back-up team in bullet-proof jackets and  
AK-47 assault rifles was stationed at a distance. Inspector M.C.

Sharma, who was heading the first team, directed SI Dharmendra to go  
into the flat in the garb of an executive of one of the mobile  
service providers with the purpose of fixing the identity of the user  
of mobile number 9811004309.” Dharmendra went upstairs to the top  
floor the building and heard a couple of voices from flat no. 108,  
which they had come to raid. He “ decided to come back to inform  
inspector Sharma, who then decided to go together to check the  
inmates in the apartment”, says Karnal Singh.

There is no mention of SI Dharmendra in the earlier report, which  
also says the back- up team stood downstairs, and not “ at a  
distance”. MAIL TODAY has shown the photographs of the bodies of the  
two youth to forensic experts. They revealed a number of flaws in the  
official account of the encounter.

For instance, Atif Ameen took two bullets on his chest while Mohammad  
Sajid had three bullets on his right temple, one at the centre of his  
head and another on top of his right shoulder. This bullet travelled  
diagonally and pierced the torso, exiting through the back of the  
left shoulder.

This clearly meant Sajid was shot from a height. He could have been  
sitting, squatting or trying to get up when the bullets hit him. But  
the NHRC report flies in the face of evidence when it says the  
policemen shot the two from the front in retaliation to bullets fired  
by them.

The nature of their wounds also suggests the two were shot only from  
a range of 1- 5 metres. Multiple injuries on the bodies implies that  
firing was carried out with an intent to kill. The police used either  
a pistol or an assault rifle like AK- 47 during the shootout. B UT  
THE NHRC report is silent on the distance from which the police shot  
them and the weapons that were used. It also says the police fired in  
self- defence, rather than with an intent to kill. Indeed the report,  
while dwelling at length on the autopsy of inspector Sharma, makes  
only a passing reference to the autopsies of Atif and Sajid.

Not surprisingly, the defence lawyers are saying the NHRC has acted  
as a mouthpiece of the government by preparing the report almost  
entirely according to the police version.

“ They have not investigated the questions that were raised by  
us,” said Prashant Bhusan, a defence counsel. “ They have not  
interrogated Mohammad Saif, the boy picked up by the police from the  
flat. They have not even spoken to eyewitnesses who had deposed  
before the People's Tribunal. They have just swallowed the police  
version hook, line and sinker.” Another lawyer added the NHRC should  
have been more rigorous about this investigation as the encounter  
violated many of its own guidelines. “ If they had examined the  
witnesses, they would have mentioned their names and statements,”  
said M. S. Khan, the counsel for Zia- ur- Rehman, one of the accused.

The commission is staunchly defending its report, saying the  
examination of eyewitnesses is not a regular process and it depends  
from case to case.

“ If there is no mention of witnesses in the report, it is obvious  
that the commission felt the scientific evidence provided by the  
police was sufficient. Hence, the examination of witnesses was not  
required,” an NHRC representative said.

Perhaps anticipating a backlash, the NHRC attempts to cover up for  
its lapses in the report itself by saying its inquiry is consistent  
with the provisions of Section 17 of the Human Rights Act, 1993. “  
Section 17 does not contemplate an adversarial proceeding. It  
empowers the commission to call for information or report from the  
central government, state government or any other authority. If on  
the material placed before it, the commission is satisfied that no  
further inquiry is required, it may not proceed with the complaint,”  
reads the report.

But the fact remains that the commission has, at best, assumed a very  
blinkered view of its role and, at worst, ended up in cahoots with an  
assault on the most basic of all human rights — the right to live.


_____


[9]  India: Killings in the name of Community Honour

HONOUR KILLING IN PATIALA
July 24, 2009 , NDTV
http://www.ndtv.com/news/videos/video_player.php?id=1138603


o o o

The Tribune, 25 July 2009

Editorial: WHO RULES HARYANA?: THE LAW OR THE KHAPS?

Haryana has drifted a step further towards lawlessness after angry  
villagers lynched a youth, right in the presence of the police, for  
marrying a girl of the same “gotra”. A warrant officer of the  
Punjab and Haryana High Court, who had been drafted to help the  
husband bring back his wife from her parents’ house in Singhwala  
village of Jind district, was rescued by the police but was injured.  
The youth was simply killed because of the failure of the district  
police to intervene effectively and forcefully. The police would have  
acted firmly had the state government continuously not been a mute  
spectator to the running of a parallel system of justice by the khap  
panchayats.

Politicians belonging to the ruling party as well as the opposition  
parties have, over the years, watched in silence and helplessness the  
khap panchayats usurping the authority of the state and delivering  
their own brand of cruelty passed on audaciously by the khaps as  
justice. Lack of decisive action by the successive governments in  
Haryana has contributed to the rise of the Jat-run khap panchayats,  
which, incidentally, are also a major vote bank. That is why the  
Hoodas and Chautalas of the state do not come out openly against the  
ruthlessness of khap panchayats, which issue fatwas as to who can  
marry whom and who should live and who should die. The state  
government has willingly surrendered its authority and even  
diminished the status of the high court. This is mainly because the  
political leadership treats the khap’s writ as a social phenomenon  
and not as a challenge to the law and the Constitution. The failure  
of the authorities to help the couple and save the life of the  
husband is inexcusable.

The spread of education and awareness about one’s rights and  
increasing opportunities of interaction for youngsters have led to a  
growing number of inter-caste marriages and, consequently,  
“honour” killings in Haryana, Punjab and elsewhere. The khap  
panchayats have refused to change with the times. They have become  
not only irrelevant but also dangerous to social harmony. Their  
disruptive role needs to be countered with a heavy hand. Exemplary  
punishment to those violating the law of the land should deter others  
from taking law into their own hands. The least the Hooda government  
can do is to take severe action against the policemen and officers  
who failed to protect the youth. The government’s resolve will be  
tested how soon it hauls up the killers — whatever their number —  
for the punishment they deserve under the law for what is nothing but  
a sheer murder with a vengeance.

o o o

The Hindu, 25 July 2009

CPI(M) CONCERNED OVER ‘HONOUR KILLING’

Special Correspondent

CHANDIGARH: The Haryana unit of the CPI (M) has expressed anguish  
over the gruesome murder of a married young man, Ved Pal Maun, in  
Singhwal village of Jind district on Wednesday.

“The gruesome criminal act is yet another sad episode in the series  
of so-called honour killings in the recent past in Haryana. It has  
sent shock waves all over the country as it comes at a time when  
another such act by a khap panchayat is being widely criticised”,  
said CPI (M) State secretary Inderjit Singh in a statement on Friday.

Mr. Inderjit Singh recalled that the marriage between Ved Pal Maun of  
Mataur village in Kaithal district and Sonia Bhanwala of Singhwal  
village of Jind ditrict was “disputed” by a khap panchayat which  
issued a diktat last March that the couple be killed.

Claiming that it was not a marriage within the sub-caste or gotra, he  
said the bizarre premise for declaring the marriage unacceptable was  
that the villages of the boy and the girl were in the neighbourhood  
and so there was “bhaichara” (brotherhood) between the adjacent  
villages.

He alleged that since Sonia was being held captive in her parental  
home, Ved Pal had to seek the Punjab and Haryana High Court’s  
intervention for restoration of his legal wife to him.

It was all the more deplorable, he said, that the young man was  
killed in full public view in the presence of the Court’s Warrant  
Officer who had gone with him and the police.

“The manner in which this crime was committed illustrates that  
ordinary citizens in Haryana were at the mercy of certain reactionary  
forces as there was no rule of law as had been often stated by  
democratic organisations and many distinguished citizens, ” Mr.  
Inderjit Singh added.

Meanwhile, the CPI (M) has also criticised the “highly objectionable  
comments” of the Member of Parliament from Rohtak, Deepender Singh  
Hooda, describing “illegal activities of the khap panchayats as a  
social affair”.

“He has abdicated his constitutional obligation as a public  
representative and such attitude would encourage the retrograde  
forces which may become a serious challenge for society if not  
checked in time”, the statement added while calling upon all  
responsible people to come forward and isolate anti- social elements  
working in the garb of khap panchayats.

The CPI (M) has also demanded immediate arrest of all those who  
provoked the gruesome murder of Ved Pal as well as steps to save the  
life of Sonia.

o o o

Mail Today
24 July 2009

MOB KILLS YOUTH FOR VIOLATING CASTE RULE

by Vikas Kahol in Chandigarh

LOVE may know no barriers, but it is yet to overcome a lot of them.  
Especially those of religion, caste and community.

So, when 21- year- old Ved Pal invited Sonia into his life, he had  
little idea he was inviting his own death. On Wednesday night, the  
young man from Haryanas Jind district paid with his life for having  
married a girl from the same community.

Ved was lynched by some men in his wifes village who were blinded by  
the death warrant issued by a caste panchayat.

The incident took place at Singhwal village near Narwana.

Over a dozen armed policemen remained mute spectators to the cold-  
blooded murder. The villagers later dragged Veds lifeless body to the  
main crossing in the village and did not let the authorities touch it  
for hours.

Ved had gone to Singhwal to meet Sonia. He was accompanied by a  
warrant officer, Suraj Bhan, who was deputed by the Punjab and  
Haryana High Court. Bhan was also injured in the melee.

Trouble started when Sonia, a teenager from Singhwal, went missing on  
March 10. The villagers suspected she had eloped with Ved, a medical  
practitioner from the neighbouring village of Mataur.

Proving them right, Ved and Sonia, both belonging to the Jat  
community, had got married.

The khap ( caste panchayat) was outraged and on March 20, issued a  
death warrant against the siblings. A few weeks later, the khap also  
forced Sonia to return to her parents. Ved then moved the high court  
requesting that his wife be sent with him.

The court ruled in Veds favour and gave him police protection.

Veds family alleged the policemen had abandoned him when the  
villagers attacked. “ Ved was aware of the danger awaiting him in  
Singhwal and didnt want to go there. He was planning to send his  
brother instead,” said Joginder Pal, Veds cousin.

Joginder said it was Bhan who called Ved to the Narwana police  
station and convinced him to go to Singhwal. He also alleged the  
police had connived with the villagers to kill his cousin.

The Jind SP, Sateesh Balan, said: “ We have registered a case of  
murder against the girls family and some unidentified villagers.”

o o o

Mail Today, July 22, 2009

CASTE CLOUD OVER LAW OF THE LAND

by Vikas Kahol in Chandigarh

THE FAMILY of a boy in Haryanas Jhajjar district who married a girl  
from his own subcaste has been hounded out of their village by the  
panchayat.

The khap at Jhajjars Dharana village had ordered Ravinder Gahlot to  
annul his four- month- old marriage to Shilpa Kadyan, a native of  
Siwah village near Sonipat, because they both were of the same gotra  
( sub- caste).

After Ravinder refused to obey the panchayats diktat, his family was  
boycotted by the villagers and ordered to sell their property and leave.

Not being able to handle the mounting pressure, Ravinder attempted  
suicide last Friday.

But if he expected the dictatorial panchayat members to unclench  
their fists after this, he was mistaken.

After the khap refused to budge, Ravinders family was forced to leave.

Sources in the village said the family boarded a bus for the  
neighbouring Jugana village on Tuesday evening.

They left all their belongings and valuables behind.

The district administration also confirmed the family was not in the  
village.

However, they claimed the family had not left permanently and had  
only gone to visit relatives in Jugana.

“ They are staying with a relative and we are offering them police  
protection in the village,” an official said.

But villagers claimed the family had left Dharana forever. “ The  
khap had directed them to leave the village. They have left Dharana  
now,” said a native.

The Gahlot family may be down at the moment but certainly not out.  
They reportedly plan to move the Punjab and Haryana High Court on  
Wednesday, to protect the lives of the couple.

Chandigarh- based human rights activist Ranjan Lakhanpal has also  
planned to move a petition in court, demanding that the government  
end the “ khap injustice”. Lakhanpal said khap verdicts in Haryana  
were increasingly becoming unfair, sometimes even becoming barbaric.

“ The parallel system of so- called justice should be brought to an  
end,” Lakhanpal said.

“ Many couples are killed in the name of upholding values. Many are  
ousted. The state also evades the responsibility of protecting the  
citizens lives. It looks like a new form of Taliban is running the  
system here,” he added.

“ The khaps hard- heartedness even led to the poor boy attempting  
suicide.

What kind of justice is this?” he asked.

Sources in Dharana said the village panchayat had been putting  
pressure on the boys family to sell their property and leave the  
village by Sunday. Before that, the family had become pariahs in  
their native place after the khap ruled that anyone who interacted  
with them would be heavily fined.

By Sunday, however, the family had not left. Following this, the  
panchayat held another meeting in a neighbouring village. After the  
meeting, the villagers started marching towards Ravinders house to “  
execute” the khap order.

When the police attempted to stop them, the violent villagers pelted  
stones on them. The administration has since imposed prohibitory  
orders against the assembly of four or more persons at one spot.


o o o

The Hindu
July 24, 2009

ANOTHER ‘HONOUR KILLING’ IN HARYANA

Youth had come to take back his wife

Body cremated ; tension grips Youth’s village

Court asks State to provide security to Jhajjar groom

Chandigarh: In yet another case of honour killing, villagers  
allegedly lynched a young man in the presence of the police when he  
had come to take back his newly-wed wife belonging to the same sub- 
caste in Haryana’s Jind district.

The incident took place on Wednesday night in Singhwal village, about  
165 km from here, when 21-year-old Ved Pal, accompanied by a Warrant  
Officer of the Punjab and Haryana High Court and 15 Haryana  
policemen, came to take his wife Sonia along with him.

After getting reports about the presence of Ved Pal, who had married  
the girl belonging to the same ‘gotra’ four months back against  
the wishes of her family, a mob of 400 villagers attacked the police  
party and Warrant Officer Suraj Bhan who were in different vehicles,  
Jind’s police chief Satheesh Balan said.

Mr. Bhan was dragged out of the vehicle even as Ved Pal tried to  
escape under the cover of darkness.

While the accompanying policemen managed to rescue Mr. Bhan, Ved Pal  
fell into the hands of the irate mob which lynched him, Mr. Balan said.

He denied reports that Ved Pal was left to the mercy of the mob by  
the accompanying policemen.

Mr. Balan said the policemen managed to rescue Mr. Bhan who was  
injured and taken to Narwana.

Ved Pal’s body was kept on the village road before being removed by  
the police for post- mortem and was later handed over to his  
relatives. The body was later cremated in his native Matour village  
in neighbouring Kaithal district, which was gripped by tension.

The victim’s family members told reporters in Matour that had the  
police acted on time, they could have saved him.
Cops deployed

Meanwhile, policemen have been deployed near the house of Sonia.

The latest incident comes amid a raging ‘gotra’ controversy  
involving a young couple from Jhajjar district, where a youth’s  
family had been directed to leave the village by a local panchayat  
after he married a girl of the same sub-caste.

The Punjab and Haryana High Court on Thursday directed the Haryana  
Government to provide adequate security to the family of the groom.

Earlier, decomposed bodies of Manoj (23) and his wife Babli (19),  
residents of Karora village in Kaithal district who belonged to the  
same ‘gotra’, were fished out from a canal in Narnound town in  
Hisar district after a panchayat opposed their marriage. PTI

______


[10] Book Review:


http://www.hindu.com/br/2009/06/30/stories/2009063050061300.htm
June 30, 2009 	

Book Review / The Hindu

India’s past, revisited

by Kesavan Veluthat

This collection of seminal essays by the author deals with every  
aspect of early Indian history

RETHINKING INDIA’S PAST: R. S. Sharma; Oxford University Press, YMCA  
Library Building, Jai Singh Road, New Delhi-110002. Rs. 695.

Professor Ram Sharan Sharma is among those historians of India who  
gave a totally new orientation to the study of early Indian history.  
A site of the battle royale between the cynical imperialists and the  
romantic nationalists, historical writing in India had hardly  
admitted questions related to society, economy, and so on, not to  
speak of the less fortunate sections in it who were “untouchables”  
even to historians. Along with D.D. Kosambi, Sharma brought a  
materialist approach to bear upon Indian history, thus bringing  
people into history, which was otherwise crowded with kings and  
queens. Included in this appropriately titled collection are some of  
the seminal essays he wrote forcing a rethinking of India’s past.
Landmark lectures

It was Sharma’s path-breaking book on the Sudras, a “social  
history of the lower orders,” that catapulted him, more than half a  
century ago, into Indian historical writing. Even earlier, he had  
published a paper on the feudal formations in the Gupta and post- 
Gupta periods, which he developed in the landmark lectures he gave in  
the University of Calcutta in 1965. This began to show that, contrary  
to the received wisdom that the age of the Guptas represented a  
“golden age,” the period actually saw the feudalisation of the  
economy and society and the subjection and immiserisation of a vast  
section of population. Along with the feudal relations, or as a  
causative factor of the emergence thereof, Sharma identified a  
decline in trade and decay of urban centres in the archaeological  
records of the Gangetic valley as well as a major social crisis in  
the descriptions of the Kaliyuga in the Puranic accounts.

He also traced the formation and transformation of political  
institutions and ideas in early India and did a thorough-going  
analysis of the material culture and social formations in early India.

Thus, touching nearly every aspect of the history of early India, he  
revolutionised the understanding of the processes and structures  
associated with it.
Defend

The present collection offers a cross-section of the significant  
interventions that Sharma has made over the past half-a-century. The  
first few articles are historiographical reviews which also defend  
his position in an authentic manner. A few others, such as those on  
different stages in the economy and the mode of production in ancient  
India, and the transition from the ancient to medieval are clear  
statements of the historiographical position that he has taken. With  
this, Sharma defends his thesis of Indian feudalism, urban decay, and  
Kaliyuga.

The introduction is a bold statement of the article of faith of the  
historian. In the context of the onslaught of obscurantist theories  
at the expense of evidence, Sharma makes a plea for the practice of  
history in the classical manner, where the utmost loyalty should go  
to evidence. For him, a materialist interpretation of the evidence  
makes the most sense. This is perhaps the most comprehensive  
deposition that we have had from the master.
Marxist point

Read with another essay, “the need for an integrated approach”, we  
can get the best Marxist position on the subject. In the article on  
“How feudal was Indian feudalism?” Sharma makes a bold defence of  
the concept when it came under attack from various quarters. Whether  
one goes all the way with him or not, the persuasive way in which he  
argues, and adduces evidence in support of his argument, is hard to  
miss. So also, it is not by mechanically filling in a checklist of  
the constituents of feudalism but by going to the totality of the  
experience that he makes the argument. That is why the “feudalism  
debate” in Indian history became so productive from both sides of  
the barricade.

A few other articles , such as the one on historical archaeology and  
urban decay, social change in early medieval India, add supportive  
evidence to this defence of Indian feudalism. The review of Romila  
Thapar’s book, ‘From Lineage to State,’ is very significant. The  
essay on ‘Rahul Sankrityayana’ is homage to a polymath. In sum,  
the collection is indispensable to every serious student at all levels.

For a book of this importance, a little more editorial care would  
have been in order. As these are essays reproduced from already  
published sources, there are repetitions which could have been  
avoided. The essays could have been better arranged. For instance,  
the third chapter, “Writings on early Indian polity” takes the  
story from the 1950s, while the fourth chapter, “Studies in ancient  
polity” is concerned with the writings up to the 1950s. These could  
have been transposed. These irritants notwithstanding, the book is of  
lasting value.

______


[11]

Forbes India Magazine of 31 July, 2009

TYEB MEHTA: THE PURE ARTIST
His biographer reflects on the iconic artist and the legacy of his life

by Ranjit Hoskote | July 24, 2009

His biographer reflects on the iconic artist and the legacy of his  
life Share

I first met Tyeb Mehta when I was 19 and had just begun to write art  
criticism. Tyeb’s resplendent images, his falling figures, trussed  
bulls, shamanic women, and rickshaw-pullers fused with their soul- 
destroying vehicles, had already won critical acclaim; but had only  
just begun to be matched by commercial success.Besides, the critical  
acclaim had come couched in the colonised idiom then still current:  
To many, Tyeb was the ‘Indian Bacon’, a condescending label, given  
the palpable difference between the two masters.

Bacon’s screaming popes and twisted models are painted in their  
human fallibility, ruthlessly rendered as though in the body’s  
effluents, in spittle, sweat and semen. By contrast, Tyeb’s figures  
are painted in radiance, in luminous, smoothly brushed colour that  
transforms the death-marked bull into a symbol of resistance, the  
plunging body into a creature redeemed from gravity.

Tyeb cloaked, in dignified silence, any bitterness he may have felt  
at this faint praise and tardy acceptance. By the late 1980s, he had  
already embarked on the series of encounters with the surgeon’s  
knife that would constitute his medical history for the rest of his  
life. These experiences did nothing to blunt the edge of his  
imagination, which grew more intensely probing in its exploration of  
the epic turbulences of postcolonial South Asia. His images became  
more refined and icon-like, but reverberated deeply with the  
intimations of violence and renewal that came into his studio from  
the streets and hinterlands beyond: The all-devouring Kali, the  
frenzied drummer, the goddess battling the buffalo demon.

I enjoyed the privilege of Tyeb’s friendship, meeting him at  
irregular intervals over two decades; but not often enough, I now  
think. I admired not only his paintings, but also his sculptures and  
drawings (neither of which bodies of work have been properly seen by  
the public), and the magnificent Koodal, the only film that he, who  
had grown up around the cinema and hoped to become a filmmaker, ever  
made.

Tyeb was a conversationalist and promoter of conversations, listening  
far more than he spoke, generous in his reception of fresh thoughts.  
This surprised people who were overawed by his reputation for being  
exacting in his intellectual and ethical standards. His friends came  
from the many domains of creative expression that fascinated him:  
Among them, his fellow painters M.F. Husain and Bal Chhabda, the poet  
Prabodh Parikh, the philosopher Ramachandra Gandhi, the architect Sen  
Kapadia, the theatre director Naushil Mehta.

Untitled (Figures with Bull Head), 1984, 150 x 106cms, oil on canvas
Image: Chemould Prescott Road 	
Untitled (Figures with Bull Head), 1984, 150 x 106cms, oil on canvas
Our meetings fell into a regular pattern during the two years when we  
worked closely on a book on his life and art, published in 2005 as  
Ideas Images Exchanges. The title enshrines the process of art- 
making, as Tyeb practised it: First, conceptions swirling up in the  
consciousness; then, images springing from these ideas, drafted and  
re-drafted, painted and re-painted, tuned up until they were just  
right; and finally, animated conversations among the circle of  
friends who were the first to see the completed paintings in Tyeb’s  
studio.

My wife, Nancy Adajania, was preparing an extensive interview with  
Tyeb about his preoccupation with cinema and theatre, and I was  
writing a monographic essay offering a new interpretation of his art  
and its cultural and political contexts. We would spend long  
afternoons with Tyeb and Sakina, his wife, companion, confidante and  
lifelong protector. And while he rarely wanted to discuss his art,  
Tyeb was eager to share it. After a round of tea or a couple of  
beers, he would signal to us to follow him into the spare bedroom  
that served him as a studio in his apartment in suburban Mumbai’s  
Lokhandwalla Complex: “Come, let me show you what I’ve been  
doing!”

In the last two years, this had become an anxiety-fraught experience.  
Tyeb’s eyesight was failing. When he started making a line in  
charcoal on his canvas, he told us, it would disappear beneath his  
fingers. And yet, he would spend several agonising months to produce  
an amazingly magisterial, meticulously rendered image: A falling bird  
or a human spirit wrenched out of an animal body. Whether in his  
decision to renounce the options offered by the Bohra business  
community of his birth or in his battle against a heart pumping at  
one-fourth its capacity, Tyeb embraced adversity with quiet courage,  
never once descending into self-pity.

Cultural reporters have asked what legacy Tyeb leaves behind. His  
images will endure among the finest achievements of Indian art, but  
his true legacy lies in his life choices. Despite the high auction  
prices some of his paintings have fetched in recent years, Tyeb’s  
art embodied the enduring difference between price and value. He  
lived out the ideal of the pure artist. He never used his art as an  
instrument of social advancement and short-term profit, dedicating  
himself instead to the unforgiving logic of the quest for perfection.

(Ranjit Hoskote is a poet, cultural critic and independent curator.  
He is the author of Tyeb Mehta, Images of Transcendence, due out in  
2010)


FULL text at: http://tt.ly/1G



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