SACW | Sept. 11-12, 2007
Harsh Kapoor
aiindex at mnet.fr
Tue Sep 11 19:11:44 CDT 2007
South Asia Citizens Wire | September 11-12, 2007
| Dispatch No. 2447 - Year 10 running
[1] Pakistan:
(i) Pakistan's political games - The way ahead (M B Naqvi)
(ii) An Interview with Tariq Ali (Aoun Sahi)
[2] Indo US Nuclear Deal Debate: Sanctifying mass destruction (Praful Bidwai)
[3] Sri Lanka: War and Liberation (Shanie)
[4] India: Taslima Case: Accountability of
Elected Representatives (K G Kannabiran and
Kalpana Kannabiran)
[5] India: An Appeal for Unconditional and Immediate Release of Sheila Didi
[6] India - Sethusamudram channel project : 'Ram
Sethu - Man Made or Natural' (Ram Puniyani)
+ Adam's Bridge was BJP lead NDA govt decision: Govt (Dhananjay Mahapatra)
[7] India's Sinking Secularism: Allahabad judge
wants Hindu text to be national holy book (Aasim
Khan)
[8] India: Muslim Right Undeterred: Deoband
issues fatwa against photography (Pervez Iqbal
Siddiqui)
[9] UK: Multi Cultural and Faithful
(i) Ghettoes of superstition - faith schools
only cause further divisions (AC Grayling)
(ii) There's no denying it... faith schools divide (Thomas Sutcliffe)
[9] Announcements -- up coming events:
(i) Exhibition of photo illustrations by Hasan
Zaman (Karachi, 12 September 2007)
(ii) Book Release function - Marathi translation
of Communal Politics ;facts v/s myths by Ram
Puniyani (Bombay, 15 September 2007)
(iii) SAHMAT Celebrates MF Husain at 92 (All over India, 2 October 2007)
______
[1] Pakistan:
(i)
Deccan Herald
11 September 2007
PAKISTAN'S POLITICAL GAMES - THE WAY AHEAD
by M B Naqvi
There is no getting away from the obsessive
concern with political games being played in
Pakistan. There are two immediate pegs to hang on
a quick analysis: The first is the continued, and
one would say rapid, Talibanisation that is
taking place in the country.
The other is the presence right now of a fairly
large number of American officials, led by Mr
Negroponte, the Deputy Secretary of State and Mr
Richard Boucher. The formal reason for these
visits is the periodic consultations on the
strategic partnership of Pakistan and the US. As
such it would normally be dismissed as a routine
affair. For one thing, Pakistan is hopelessly
caught in the coils of American strategy and has
no way out because it has burnt all its other
boats. But another factor has also entered. It is
the War on Terror that has reached Pakistan. And
Pakistan is one of the fronts of this war.
Just take two examples: Pakistan Army soldiers
are being kidnapped for some time. Recently an
apogee of kinds happened: It is now confirmed
that a 240 soldiers strong convoy was abducted by
a certain militant allied to Taliban and
al-Qaeda, Baitullah Mehsud. It was claimed by the
latter that the abductors were only 20 in number.
In any case, no shot was fired. More than a week
later, they have still not been recovered,
despite the government's arduous efforts to
negotiate through tribal Jirgas; Mehsud has put
stiff conditions, some of which have partially
been implemented. But Baitullah has not yet
released the lot.
Take the second stance. Two women in Bannu
district were beheaded and their dead bodies were
thrown in a ditch with a note that "they were
engaged in immoral activities, and deserved the
punishment". In Mingora near Swat some 60 video
and audio cassette shops were bombed out for
engaging in a sinful trade.
The fact to note in this is that there have been
no popular protests. All manner of activities
have gone on in all parts of the subcontinent,
including organisations for songs, dances and
even prostitution, as an organised trade. What is
new is the acquiescence in an extra austere Islam
that has never been practiced before in any part
of the subcontinent. There are other
manifestations: The Americans are bombarding
Pakistan areas to take out known al-Qaeda or
Taliban leaders when they get wind of them. The
poor Pakistan government has to struggle to own
up the attacks having been made by its own Army.
The march of the Taliban throughout NWFP is no
joke; it has to be taken seriously. It is bound
to spread to other areas.
The other part of it must be recognised. There is
absolutely no doubt that the American actions in
Afghanistan, Iraq and other places are
influencing Muslim militants. Their brutality and
intolerance is increasing by leaps and bounds.
There is a causal link between these two that can
be ascertained in any part of Pakistan or
Afghanistan or Iraq. There has to be some
rethinking in America about their methods of
confronting what they think to be a
civilisational matter: spread of an intolerant
religious creed.
What is happening in Pakistan is portentous.
American efforts include desperate attempts to
bolster Musharraf regime. They first recommended
a Benazir-Musharraf deal. But it has taken over
two years' effort to arrive at a semblance of an
agreement without all the details having been
firmed up. But that has been knocked out by
Mushrraf's erstwhile allies, known as PML(Q)
leaders.
Musharraf is now hamstrung; he cannot do without
more support but his own position would be
undermined by the additional support that Benazir
can possibly bring. Everybody knows that both
Benazir and Musharraf are losing friends.
Benazir's party is also in a bad shape; a
reconciliation between Benazir and Musharraf
means making PPP play the role that PML (Q) has
been playing. Many of the more popular leaders
would revolt, more so at a time when Musharraf
regime is almost visibly being drained of its
moral authority and power. Both Musharraf and
Benazir are being hobbled; they may no longer be
in a position to implement the deal that was all
but almost done.
What Americans do now in or about Pakistan is
crucial. The American officials, including
military officers, gathered in Islamabad are
going to watch imminent changes in Pakistan
Army's command. Musharraf's own two terms have
anyhow to end very soon. The Supreme Court can be
trusted to force him to step down at least from
his Presidential post on Nov 15 and seek
re-elections. But, re-election cannot take place
because there are no votes at the disposal of
Musharraf both for amending the Constitution or
maybe for simple re-election as the President;
his usual support has begun dissipating.
Americans are still sold on him; they want his
regime to stay and it should, with their help,
expand its base of support. Which is why they
repeated their 1988 effort to make Benazir Bhutto
acceptable to Pakistan's military establishment
as has been disclosed by former Foreign Minister
Omar Ayub Khan's book.
American options, according to speculation by a
sedate observer, is that there are two options:
they would plump for a deal between Musharraf and
both his political opponents, Benazir Bhutto and
Nawaz Sharif. This is said to be one of the
options. The second option would be to ensure a
"suitable" succession in the Pakistan Army which
would then take over once again so that it can
reorganise the political life so as to fight the
War on Terror better. Which way would the
Americans move in this iffy game remains to be
seen.
o o o
(ii)
The News on Sunday
September 9, 2007
Particular viewpoint
Eminent left-wing activist, writer, journalist
and film-maker, Tariq Ali is in Pakistan these
days. The News on Sunday had a long discussion
with him on religious extremism, the status of
Left, the role of NGO's, judicial crisis, history
of Islam and fundamentalism, at his residence in
Lahore last week.
Excerpts of the interview follow:
by Aoun Sahi
The News on Sunday: How do you analyse the
present political scenario in Pakistan?
Tariq Ali: We are caught into the rut of a
political cycle, which has dominated the country
since October 1958. We have had military coups
followed by civilian governments. This is what
has been going on in Pakistan for 50 years of our
history. Now the question is: Why can't we break
through this. I think the one big chance Pakistan
had of modernising itself and making a new start
was at the time of the break-up of the country.
It was a bloody and brutal trauma, especially for
the population of the then East Pakistan.
Pakistan had an opportunity to make a new start
under Zulfikar Ali Bhutto. People were filled
with hope; expectations were high with the regime
but very little happened. There was a lot of
rhetoric. Some things did get done but on the
crucial questions facing the country -- the
institutionalisation of democratic rule,
encouraging people to think for themselves,
destroying once and for all the power of landed
gentry, setting up and establishing a solid
educational and health system, cutting down the
size of the army and reducing the military budget
-- nothing happened. That was the only time in
the country's history when it could have and
should have happened.
When it did not happen you had the military
coming back in again and General Ziaul Haq, on
the authorisation of the US, executed the
country's last elected Prime Minister Zulfikar
Ali Bhutto. Thus began the worst period in
Pakistan's history; the entire political culture
was brutalised.
After Zia, Pakistan had roughly 10 years of
civilian government, led first by the Pakistan's
People's Party, later by General Zia's proteges
-- the Sharif family -- and again nothing
happened. Their regimes also led to establishment
of a new political elite whose only interest was
in making money for themselves and their cronies
and enjoying the power of patronage.
Then you had the cockpit coup with General
Musharraf taking power in 1999. His first plan of
modernisation was welcomed, but then he behaved
exactly like previous dictators, went the same
way and set up a new political party. You have a
Muslim League for every occasion. Then you see
pictures of these new leaders with the military
general all over the country. It is now a pattern
in Pakistani politics. Meanwhile, underneath, the
country suffers.
TNS: Your views on religious extremism in Pakistan?
TA: There are two concurrent events going on.
One, the religious extremist groups that were
sponsored during the period of General Zia's
military dictatorship. These are the jihadi
groups, violent, armed, and used by the military
in Kashmir and Afghanistan. The number of people
in these groups are debatable but are somewhere
between 50,000 to 100,000. Then you have the
moderate religious parties in the form of MMA.
These, in my opinion, are totally legitimate
political parties. I may not agree with them.
They are conservative parties like those in the
west. The MMA and the party currently in power in
Turkey are the Islamic equivalents of Christian
democratic parties in the west.
Then you have a third phenomenon -- the growth of
religiosity among the middle and upper middle
class within the elite represented by Tablighi
Jamaat, organisations like Al-Huda, who take
advantage of the fact that there is a deep hole,
a big vacuum, in the life of many people.
However, in my opinion, it is impossible for
religious or jihadi groups to come to power in
Pakistan. Impossible, unless the military puts
them there.
TNS: How can Pakistan combat extremism?
TA: The answer to religious extremist groups is a
series of radical social reforms, including an
excellent educational system that is free for the
poor. At the present moment, you cannot get
proper education in Pakistan unless you have
money. The level of education is abysmal and I am
not interested in the government giving figures
of how many students have been enrolled in
schools. Because they can enroll in schools but
there are no teachers to teach them and no
buildings in which they can be taught. So, that
is the only way to combat religious extremism.
There is no military solution; there is a
political solution internally and externally. I
have to be blunt with you that those liberals
from the elite society who think the only way to
deal with extremism is to go and kill more
people, I find this strategy disgusting, because
killing people never solves problems. The problem
is deep-rooted in our country's history and it
has to be solved. So far no group has emerged
from above which is capable of solving it.
TNS: Where does the left stand in Pakistan? Do
you think the left is capable enough to act as an
alternative political force?
TA: The left is very weak at the moment. There
are small groups of people. Some do good work
like the Labour Party. They work really hard,
they are very sincere, but there is no left in
Pakistan. I am not in favour of political parties
becoming fiefdoms, whether it's the Awami
National Party or the PPP. Pakistan is a republic
but in the way political parties function, we
have this sort of a strange monarchical idea that
if your father formed the party, as the son or
daughter you have a right to lead it. Why? So, I
think for the health of Pakistani political
parties it would be better if relatives or
children of those who set these parties up
stepped back. That would offer these parties a
chance to function.
TNS: How do you see the role of NGOs and human
rights movements in this context?
TA: I used to call them the 'human rights
industry'. This is an industry largely based in
United States and Colin Powell former US
secretary of state and many others have publicly
said that their new fifth column all over the
world are NGOs. This is a big problem that also
partially answers your previous question -- that
too many people have got money from the West. I
called these NGOs WGOs, Western Governmental
Organisations. It's not that some of them do not
do good work. A few of them do excellent work,
which I would be the first to praise. But as an
institutional project of the western world, this
is designed basically to take people out of
politics. And it has done so; some of the best
minds are working in NGOs. They are not trying to
work politically and the money given to these
NGOs is given for specific projects and no
intervention in politics is allowed. They have
done some good work in some cases but this is not
the way forward.
TNS: But they played a very active role in the
struggle of reinstatement of the chief justice?
TA: It was not a human rights struggle but a
constitutional struggle that insisted on the
separation of powers between the judiciary and
the state. Historically, judges have been
cajoled, bullied, and fired 1958 onwards. I
remember Justice MR Kiyani took a very brave step
against the first military dictatorship in this
country, going around universities, addressing
students, speaking in a very subtle way but
encouraging us to think.
By and large, judges in our country after all
spring from the same milieu as the other rulers
of the country. So the decision of this chief
justice to fight back was extremely important.
You know, the whole world thinks that Pakistan
consists of just military, corrupt politicians
and bearded lunatics. This particular struggle to
reinstate the chief justice gave a completely
different impression of Pakistan. This was a
genuine civil society struggle being waged by
lawyers and by people interested in an
independent judiciary to fight against increasing
encroachments by the military-political complex
of this country, which wants everything under
their control.
So, it's a victory, the fact that he is
reinstated. But you know he is a mortal human
being who has to be replaced by someone else. So
the whole question is how should judiciary
function in Pakistan?
TNS: You are known to be a non-believer. But some
of your best books, especially novels, are about
Muslim civilisations in Europe. Any particular
reason to choose this subject?
TA: I wanted to ask myself the question on what
happened to Islam in Europe. I asked this
question in 1992: What happened to the culture
that was very strong in Europe? And to answer
this question I went to Spain and began studying,
researching and travelling and that is the way I
produced my first novel. I am not a believer, but
culturally I am a Muslim. I have been brought up
within the Muslim world, I appreciated its
culture. I think the tragedy is that many Muslims
do not own the cultural history of their
religion. I think it is not talked about. That is
one reason I wrote these books to show that there
was another side of Islam -- in Spain, Sicily,
Turkey, even during the crusades which was
extremely important to understand.
TNS: What was the reaction of the West to these books?
TA: They had an impact. The books are translated
all over the world. I get emails from every
where. My last novel 'Sultan in Palermo' is about
the period when Islam was culturally still very
strong in Sicily. Recently it was translated in
Italian and I went to Palermo to launch the
Italian version of novel. The people thanked me
and told me that I had recovered a part of their
history which no one likes to talk about. It is
to show the Europeans that who knows how Islam
would have changed if it hadn't been physically
attacked and driven out of Europe by the
Christian crusaders. That is the question. A
political one not a religious one.
TNS: You also have depicted Muslim women in a
totally different way in your books.
TA: The Muslim women played a very big role. They
may not have exercised powers directly but they
exercised power behind the scenes. They were very
strong women in many cases. After all, the
Prophet's wife Khadija was a trader in her own
right. She traded and no one stopped her. Another
example is of Ayesha who fought in a war.
This intent to completely subjugate women, I
think, is challenged by Islamic history in many
parts of the world, especially in Islamic Spain
where you have Muslim women writing poetry in the
9th and 10th century which would shock people.
TNS: You have written that "the history of Islam
is the history of breaking with past traditions."
Would you like to elaborate?
TA: Islam was founded to try and create a unified
Arab peninsula and to break with the 'jahiliya',
the pre-Islamic traditions in that country which
led to a lot of inter-tribal warfare, which was
affecting trade in that region.
I always argue that Islam's conquests were
brilliant; military came too quickly before the
religion had time to form itself. So the
religion's growth and the growth of ideas and
cultures are largely determined by which country
it conquered. From that point of view, Islam is
quite an elastic religion.
The tradition of Muslims in Punjab are determined
by the Sufi tradition which existed here.
Indonesian Islam is very different from Wahabi
Islam. Wahabi Islam is not even in majority in
the Arab World. Islam is a diverse religion and
it can never be anything else. All attempts right
from the beginning to impose one dominant line,
if you like, failed completely. Within the few
hundred years of its formation you have three
caliphs at a time, one in Baghdad, one in Qurtaba
and one in Cairo.
TNS: You use the terms 'fundamentalism' and
'fundamentalists' very frequently against US,
Muslims, Hindus, Christians, and Jews in your
books, essays and speeches. What do you actually
mean by this term?
TA: 'Fundamentalism' is an irrational belief in
order to defend particular views and beliefs in
the name of something either divine or temporal
but which is unchallengeable for
'fundamentalists.'
'Fundamentalists' are people who will not accept
any other ideas because of their 'superiority'.
Muslim fundamentalists argue that they are the
only ones who know what Islam is and they can
interpret it, while other people cannot. They say
this even to moderate Muslims. Some of their
worst enemies are the moderate Muslims because
they offer a different vision of Islam.
Hindu fundamentalists do the same. Christian
fundamentalists in the United States say exactly
the same. For instance, when 9/11 happened, some
people in the US saw it as punishment. When there
was disaster in New Orleans many American
Christian fundamentalists said that God had
punished New Orleans because the people of New
Orleans had organised a conference of gays in the
city that September.
The body language and frame of reference of all
religious fundamentalists is the same. Imperial
fundamentalism is not necessarily religious but
it has the similar irrational view by conflating
its own specific stated interests. So the US
becomes the international community to make it
easier. Like Benazir says, I support Musharraf
because the army and the international community
want me to. The international community has
become a synonym for the US.
TNS: What subject are you working on these days?
TA: I am working on a new book on Pakistan for a
big American publishing house, the one which
published General Musharraf's book. It has
commissioned me to write a book on Pakistani
politics. But I do not want to repeat myself. I
thought I would write this book about the
US-Pakistan relationship, just one aspect, but a
very crucial aspect of Pakistani politics.
To look at Pakistan from that particular
viewpoint, from the beginning till now. This
country in the beginning decided to work with the
west unlike other newly independent countries,
first with the British and later with the US. I
am going to be discussing the effect this had on
our domestic politics. Many people think that
domestic politics and foreign policy are not
linked but they are, very closely. Each affects
the other.
______
[2]
Frontline (India)
September 08 - 21, 2007
SANCTIFYING MASS DESTRUCTION
by Praful Bidwai
The toxic terms of discourse of the nuclear
debate have insidiously intruded into the
public's mind and distorted its moral perspective.
WHATEVER the final fate of the India-United
States nuclear deal, it is undeniable that the
media-driven debate over it has had a profound
impact on public consciousness. Thus, not just
television anchors, but even college students,
are mouthing phrases like the "historic
opportunity" (the agreement offers to India to
become a world power) through a "strategic
partnership" with the U.S., and promoting India's
"national interest" (which self-evidently lies in
superpowerdom and in containing China) and
"energy security" via nuclear power development
(as if there were no alternatives).
One notion that is rapidly becoming part of
middle-class commonsense is that the deal undoes
the iniquitous technology-denial sanctions
imposed on India since the 1970s and rewards it
as a "responsible" nuclear weapons state (NWS),
or, as the July 2005 agreement put it, "a
responsible state with advanced nuclear
technology".
"Responsible" nuclear weapons state? Can this be
anything but an oxymoron? NWSs not only possess
the ability to kill millions of non-combatant
civilians instantly but are prepared and willing
to use th at capability in cold blood. Indeed,
they make their security dependent upon keeping
scores of these weapons of terror ready to be
fired at short notice.
All NWSs, regardless of intent or the size and
lethality of their arsenals, and despite their
professed faith in nuclear deterrence, have
doctrines for the actual use of nuclear weapons
to incinerate whole cities ó that is, to commit
unspeakably repulsive and condemnable acts of
terrorism against unarmed civilians. The world's
greatest terrorist act was not the Twin Towers
attack (which killed 3,600 people), but Hiroshima
(where 140,000 perished).
Yet, those who erase this terrible, yet
fundamental, truth from their consciousness still
justify the idea that India is a "responsible
nuclear power". They advance six claims in
support. First, India has an impeccable
non-proliferation record and has never diverted
civilian nuclear materials to military use or
participated in clandestine nuclear commerce.
Second, India practises exemplary nuclear
restraint through its "minimum deterrence"
doctrine and its policy of no-first-use.
Third, India has always responded positively to,
if not advocated, proposals for
non-discriminatory and equal treaties for arms
control and disarmament. Fourth, India's foreign
policy orientation is strongly multilateralist;
New Delhi rejects collusive bilateral agreements
in favour of multilateral, universal treaties
leading to disarmament. This derives from the
view that the nuclear threat/danger is global.
A fifth claim is that India abhors any policy or
action that will start or aggravate a nuclear
arms race, especially in its neighbourhood. It
has not triggered such a race and will never do
so. Finally, India is a peaceful, mature, stable
and law-abiding democracy, which respects human
rights and can be trusted to act with restraint
-- unlike, say, Pakistan.
All these claims are questionable, if not
altogether specious. True, India has never run an
A.Q. Khan-style "nuclear Wal-Mart" or willingly
proliferated nuclear technology. But, India has
been an active proliferant and has participated
in clandestine as well as open nuclear commerce
with a host of countries to develop its military
and civilian programmes.
Right from its very first nuclear reactor,
Apsara, to the latest pair under construction (at
Koodankulam), India has bought, borrowed and both
overtly and covertly procured nuclear technology,
equipment or material from states as va ried as
the United Kingdom, the United States, Canada,
the Union of Soviet Socialist Republics and later
Russia, France, China, and even Norway.
The basic design of its mainline power generator
is Canadian ñ the pressurised heavy water reactor
named CANDU (Canada Deuterium Uranium). India's
very first power reactors, at Tarapur, were
donations from the U.S. Agency for International
Development and were executed as a turnkey job by
General Electric and Bechtel. The much-touted
Fast Breeder Test Reactor, the only such reactor
to operate in India, was developed with French
assistance.
India used spent fuel from CIRUS (Canada-India
Research Reactor, to which the U.S. supplied
heavy water, adding to the acronym) for military
purposes by reprocessing plutonium from it. This
was used in the 1974 Pokhran blast. CIRUS was
designed and built by the Canadians.
A condition for Canadian and U.S. assistance was
that the products of CIRUS would only be used
"for peaceful purposes". India blatantly violated
this and, to evade legal liability, declared
Pokhran-I a "peaceful nuclear explosion".
India also clandestinely imported heavy water
from Norway and, later, from China. We do not
know what price was paid for these transactions,
but it is unlikely to have been purely monetary
in the Chinese case.
None of this speaks of "responsibility" or strict
adherence to legality, leave alone of India's
"clean hands" as far as dubious nuclear trade
goes. In truth, nuclear materials are among the
world's well-traded/transferred commodities. Many
countries have participated in such trade. India
is no exception and cannot pretend to be
Simon-pure.
Second, the restraint claim is belied by India's
official nuclear doctrine, which commits it to a
large triadic (land, sea and air-based) nuclear
arsenal with no limits whatsoever on
technological refinement. This super-ambitious
plan sits ill with the profession of "minimum
nuclear deterrent", which is generally understood
as a few dozen weapons. (How many does it take to
flatten half-a-dozen Chinese or Pakistani cities?)
India has also diluted its no-first-use
commitment by excluding from it states that have
military alliances with NWSs and including
retaliation against other mass-destruction
weapons. In practice, given the lack of strategic
distance from Pakistan, it is doubtful if
no-first-use has much meaning.
Besides, the nuclear deal will allow India to
expand its nuclear arsenal substantially by
stockpiling huge amounts of weapons-grade
plutonium.
Third, India has refused to sign any multilateral
nuclear restraint/disarmament agreement since the
mid-1960s. In the 1980s and 1990s, India also
turned down at least seven Pakistani proposals
for regional nuclear restraint or renunciation,
including mutual or third-party verification ó
without making a single counter-proposal to "call
Pakistan's bluff".
Fourth, the very fact of India's signature of the
bilateral nuclear deal with the U.S. puts paid to
its professed multilateralist commitment. The
deal marks a major departure from New Delhi's
earlier insistence on international and universal
non-discriminatory treaties on arms
control/disarmament. But this bilateral agreement
is now meant to be imposed upon the multilateral
International Atomic Energy Agency and the
plurilateral Nuclear Suppliers 7; Group for their
approval -- a procedure that India would have
strongly objected to in the past.
India has taken a parochial course, which in
future could mean giving the go-by to
multilateral approaches in favour of expedient
bilateral ones.
Fifth, a considerable likely expansion of India's
nuclear arsenal, which the deal facilitates, will
inevitably escalate the regional nuclear arms
race. There is evidence that in response to the
India-U.S. deal, Pakistan is building at least
one (and probably two) plutonium reprocessing
plants, which will help it maximise the
production of weapons-grade material with its
limited uranium reserves. That is what a nuclear
arms race is all about.
More worrisome, as India builds up its arsenal to
the same level as the lower range of estimates of
China's nuclear weapons (250 or so), Beijing can
be expected to make more warheads and missiles.
This spells a dangerous nuclear arms race. Yet,
as U.S. strategists see it (see Ashley Tellis's
quote in Frontline, August 10), a major purpose
of the deal is precisely to help India amass more
nuclear weapons to deter China -- via an arms
race.
Finally, it stretches credulity to contend that
India's behaviour towards its neighbours has been
exemplarily benign and peaceful. India's past
record of belligerence towards Sri Lanka,
Maldives and Nepal (on which it imposed an
economic blockade in the late 1980s) negates that
claim, as does its annexation of Sikkim in 1975.
India is, of course, a democracy, but it is by no
means a rule-of-law state. India's human rights
record is deeply flawed -- not just in Kashmir
and the northeastern region, but also in respect
of religious minorities, Dalits and Adivasis, and
more generally, numerous underprivileged groups.
One only has to recall the 2002 Gujarat carnage,
the 1992-93 Mumbai communal clashes, the savage
repression under way against the tribals of
Chhattisgarh through Salwa Judum, and police
brutality against mere suspects in countless
terrorist attacks.
Our history of strategic misperception and
miscalculation (for instance, during 1987-88,
1990 and 1999) also bears recalling. At any rate,
having a democratic government is no guarantee
that a country will not use mass-destruction
weapons.
The only state to have ever used nuclear weapons
was the democratic U.S.. It would be tragic if
our citizens look for Washington's recognition of
India as a "responsible" nuclear power while
deadening their own moral sensibilities against
weapons of terror.
______
[3]
The Island
8 September 2007
Notebook of A Nobody
WAR AND LIBERATION
by Shanie
Last week, President Bush made a stirring address
to the US veterans of foreign wars. He claimed
that the US Government's continuing involvement
in wars around the world had liberated the people
of those countries. "I stand before you as a
wartime President -- We fight for a free way of
life against a new barbarism -- an ideology whose
followers have killed thousands on American soil,
and seek to kill again on an even greater scale".
Bush's belligerent speech received polite
applause from the war veterans assembled in the
Kansas City. But do we notice an echo in our
country as well? We have liberated the East and
we are going to liberate the North as well, our
political panjandrums tell us. In Vietnam, before
the US withdrawal, they had killed over tens of
thousands of Vietnamese, most of them civilian
villagers. In Iraq and Afghanistan, the killings
continue in the cause of "liberation". As in
those countries, so in our country, we must ask,
liberation for whom? The people of the East who
have been "liberated", do not feel any sense of
liberation. In truth, their fears and lack of
security is greater now.
Terrorism is a canker on any society and needs to
be rooted out. But one set of terrorists cannot
be rooted out by patronage of another set of
terrorists. That is the sad reality in the East.
President Premadasa made the horrendous mistake
of supplying arms to the LTTE to force the IPKF
out of the country. While it is true that there
is no place for a foreign army on our soil,
patronizing terrorism was certainly not the way
in dealing with a diplomatic issue.
It is also a moot point whether a heavy toll of
civilian life, as is happening in Iraq,
Afghanistan and in our own north-eastern
backyard, is the price of "liberation". History
is replete with examples of civil conflicts being
exacerbated by militarism. Civil conflicts need
to resolved politically. For far too long, the
Government has been using the APRC and APC as a
figleaf to cover a militaristic policy. APRC
Chairman Tissa Vitarana has been putting on a
brave front, refusing to give up and struggling
to keep his end up. As D. B. S. Jeyaraj said in
his recent column, he is re-living his Ananda
College cricketing days when he reportedly had a
reputation for his stout defence as an opening
batsman, carrying out his bat through the innings
but without accumulating many runs! (In this
respect, he is like another illustrious cricketer
Sunil Gavaskar, who once opened an innings for
India and carried his bat through the innings
remaining not out on 37!) But truly, Tissa
Vitarana seems our country's last hope. All
indications are that a sustainable peace package
is far from President Rajapaksa's mind now. The
art of political survival seems uppermost in his
mind. If Vitarana can stand his ground, even in
the face of defeat, then he would have made a
contribution towards an eventual political
solution.
Politics of Appeasement
Ranil Wickremesinghe is accused of having adopted
a policy in 2002 of appeasing the LTTE. Perhaps
he now accepts that that policy failed. Secret
deals, whether a CFA or supplying arms to the
LTTE or engineering a polls boycott, cannot lead
to any success. Had there been transparency and
President Kumaratunga and Parliament brought into
the loop, many of the weaknesses of the CFA could
have been avoided. But that is now history and we
must learn from those mistakes.
President Rajapaksa is now making the same
mistake by trying to appease the Sinhala
political terrorists. He obviously feels
politically trapped and feels appeasement of the
Sinhala hardliners is the only way to shore up
his shaky coalition. In his recent interview with
the Indian media he makes the astounding
statement for a country's President. He says he
was elected by the Sinhala voters and very few
Tamils voted for him. He has to go by the mandate
given to him by the Sinhala constituency. As the
country's leader, he does not feel the need to do
what is right by the whole country. He also
states that the notion of a federal state will
not be acceptable to the Sinhala constituency.
Surely, he is aware that the two major Sinhala
parties, including his own, had already accepted
substantial devolution, whether it was called
federalism, a union of regions or by any other
term. Or, is appeasement being carried to the
extent of only the JVP/JHU being recognized as
the sole representatives of Sinhala opinion, just
as the LTTE claims to be the sole representatives
of Tamils? Rajapaksa was part of the Government
when Kumaratunge negotiated with non-LTTE Tamil
leaders and with Sinhala and Muslim leaders and
came up with a political package, which, if
accepted, would have marginalized the LTTE. She
did what was expected of a country's leader - a
statesperson-like consensual approach to
resolving the conflict. It is a pity that petty
politics prevented that approach to succeed.
President Rajapaksa must realize that is the only
approach that can succeed; the country has, no
doubt, learnt its lessons from that fiasco and a
package on the lines of the SLFP proposals of
2000 is now likely to be found acceptable. But
for that the policy of appeasement of extremists
on both sides of the ethnic divide must be given
up whatever the short term political
imperatives may be.
Peace Building Strategies
It was recently reported that the British
Government and Northern Ireland's devolved
government had jointly proposed a Peace Building
Strategy"' for Sri Lanka. This followed not only
the success of power sharing arrangement in
Northern Ireland, to which all stake holders to
the conflict have given their consent. It
followed months of negotiations between two sworn
adversaries DUP and Sinn Fein. All indications
are that the arrangement, which has now been in
place for six months, is working satisfactorily.
Besides, people like Martin McGuinness and John
Hume have been here and have talked to the
stakeholders in Sri Lanka and have a reasonable
knowledge of our situation. We should, therefore,
have welcomed the roadmap that was presented and
examined it to see how far we could go along with
it.
But our warmongers would have none of it. The
hardline Patriotic National Movement held a media
conference rubbishing the strategy, without even
sighting the strategy, as a ruse to allow the
LTTE have a separate state. By a curious
coincidence (or was it really curious?), on the
same day, there was a report that an arrested
LTTE cadre had confessed to having received
police training in Northern Ireland. The report
added that an inquiry had revealed that the LTTE
"allegedly" received from the British Government
police training' similar to that officially
given to the Sri Lanka Police in Scotland early
this year. No details were given of the alleged
police training' (note the use of the word
alleged and the use of inverted commas) given
five years earlier in 2002. Only detail that was
given was the Passport number of the arrested
cadre, as if that gave legitimacy to the report.
Hidden Agendas?
Similarly, there were reports of the JHU wanting
to declare areas in the Trincomalee and Ampara as
sacred areas and evict the Tamil and Muslim
residents from those areas. Together with these
reports, there was a talk of an Islamic Jihad in
the East and that an armed Islamic militant group
was running wild. People of the East are unaware
of any incident involving Islamic militants and
obviously there is a sinister motive in releasing
such scare stories. The Muslims of Ampara feel
there is a hidden agenda to deprive them of areas
which have been home to them for centuries. They
also feel that the Karuna group is being used by
those with this agenda to do some of the dirty
work; the Karuna faction is a willing participant
because this fits into their agenda as well.
There are hardliners on both sides of the ethnic
divide who for similar reasons do not want peace.
The LTTE is afraid that a negotiated peace will
provide democratic space to the Tamil and Muslim
people and their military hold on those people
will be lost. The Sinhala hardliners do not want
negotiated peace because that would prevent them
reaching their goal of a dominant Sinhala
Buddhist Sri Lanka. The SLFP and UNP were both
founded on a platform of pluralism ensuring
equality, dignity and justice to all ethnic
groups and faiths in Sri Lanka. There were
periods in between when both parties succumbed to
chauvinism but over the past decade or so they
have both committed themselves to a political
solution to the ethnic conflict that ensures
justice for all. We trust President Rajapaksa
will not, for whatever reason, take the SLFP away
from that commitment
______
[4]
Economic and Political Weekly
September 8, 2007
TASLIMA CASE: ACCOUNTABILITY OF ELECTED REPRESENTATIVES
Two organisations have filed a petition in the
Andhra Pradesh High Court seeking the removal of
four legislators and deregistration of their
political party for leading an attack on the
Bangladeshi writer Taslima Nasreen in Hyderabad
recently. The petitioners believe that these men
have perjured the constitutional oath taken by
all legislators before entering office.
by K G Kannabiran and Kalpana Kannabiran
The attack on Bangladeshi writer Taslima Nasreen
on August 9, 2007 in Hyderabad was greeted with
shock and disbelief and was widely condemned by a
number of organisations in Hyderabad. Asmita
Collective and Women's World India organised a
public meeting on August 11, 2007 at the Potti
Sriramulu Telugu University where around 25
speakers - mostly writers, journalists and human
rights activists - unequivocally condemned the
attack and resolved to work towards petitioning
the high court for the removal of the legislators
guilty of leading the attack.
The Centre for Inquiry, a rationalist
organisation led by Innaiah, organised a function
for the release of the Telugu translation of
Taslima Nasreen's, Shodh on August 9, 2007 at the
Press Club in Khairatabad. It was a small
function only for invitees. Innaiah, chairperson
of the Citizens for Inquiry, Volga, award winning
Telugu writer and poet, and Taslima were present
on the dais. Around noon, after the meeting drew
to a close, a crowd of about 20-30 persons from
the All India Majlis Ittehadul Muslimeen (AIMIM)
crowded around the dais and began hurling
everything they could find at Taslima. This
assault was aggravated by unrestrained use of the
worst kind of verbal abuse, all of which was
captured on camera by the electronic media that
was present there and telecast several times
over. Legislator Akbaruddin Owaisi and former
parliamentarian Sultan Salahuddin Owaisi
justified the violent attack and her forced
departure from Hyderabad, on television news
channels. The electronic and photographic records
of the incident as well as accounts by
eyewitnesses point to the fact that the conduct
of the four legislators and the members of the
two political parties fall within the meaning of
offences defined in the Indian Penal Code (IPC),
namely, Sections 147 and 18 (rioting with deadly
weapons), 323 (voluntarily causing hurt), 427
(mischief causing damage to property), 452
(trespass after preparation for hurt, assault and
wrongful restraint), and 506 (criminal
intimidation) read with Section 149 of the
Criminal Procedure Code. Sections 147, 148 and
506 of IPC are non-bailable offences. The police
have also booked cases under these sections and
the legislators were produced before the XIV
metropolitan magistrate and then released on the
same day.
Premises of Constitution
Diversity, pluralism and tolerance are the major
premises of our Constitution and the
preconditions to national integrity in a plural
society like ours. The only medium through which
ideas of diversity and dissent may be expressed
in a democratic society is through the
fundamental right to free speech and expression.
In justice Jeevan Reddy's words: "For ensuring
the free speech right of the citizens of this
country, it is necessary that the citizens have
the benefit of plurality of views and a range
ofopinions on all public issues. A successful
democracy posits an 'aware' citizenry. Diversity
of opinions, views, ideas and ideologies is
essential to enable the citizens to arrive at
informed judgment on all issues touching them"
(Secretary, Ministry of Information and
Broadcasting vs Cricket Association of Bengal and
Another; 1995 AIR (SC) 1236). Any attempt to
abridge this right to expression through recourse
to collective violence is an assault on national
integrity.
In recent years we have witnessed a series of
attacks by private groups - mostly belonging to
various parties - carrying out assaults on
academicians, writers, artists, film-makers,
actors and journalists. A few years ago, a
historian was faulted for not writing a "correct"
history of Shivaji, leading to the attack on the
reputed Bhandarkar Oriental Research Institute in
Pune and the destruction of valuable manuscripts.
Christian representatives went on a
representation to the late prime minister Rajiv
Gandhi and put pressure on him to ban Nikos
Kazantzakis', The Last Temptation of Christ. More
recently some members of the same community
protested against the screening of the Da Vinci
Code. In Gujarat the Vishwa Hindu Parishad went
on a rampage against the art exhibition at the MS
University, Baroda,destroying art works of a
student, Chandramohan. Earlier, paintings by
noted artist M F Hussain met the same fate.
Film-maker Deepa Mehta was prevented from
shooting her film Water, a testimony on the
condition of widows in Varanasi, and was forced
to shoot it at a secret location in Sri Lanka.
Film actors Khushboo and Suhasini were attacked
in Tamil Nadu, for speaking on the need for sex
education. In August 2007, Shiv Sainiks attacked
Outlook, a reputed weekly for including Bal
Thackeray, among others in the list of "Villains
of India". In all these incidents political
parties and political leaders have played a key
role in fuelling these attacks. Elected
representatives who resort to use of collective
violence must be debarred from holding public
office, mere prosecution for crimes committed
being an insufficient remedy.
A handful of persons (to whatever community they
may belong) decide what a writer or a poet should
write about, what subjects should not be the
subject matter of painting or writing. The first
question that should engage our attention in
these and other such events is the criminal
intimidation against the artists or writers,
which must be judged in terms of the liberal
values the Constitution incorporates. By the
Constitution we have entrusted to the state
limited powers, the transgression of which
enables us to act politically and also legally.
Without dwelling at length on the effectiveness
of the existing avenues of redress against the
state at this point, it is important to
acknowledge that free speech, freedom of
association and assembly enable us to act
politically against arbitrary actions by the
state, even while seeking legal redress through
courts, defin- ing rights more precisely in the
process. What should be done when sitting members
of the legislature or Parliament direct a mob to
phyically attack a writer, an artist or any other
person? What steps are open to citizens to check
such obnoxious conduct of elected
representatives? One way of course is to accept
it as proof that "people get the representatives
they deserve". The more constructive way of
looking at these problems is to take measures to
rebuild institutions. The courts may be persuaded
to drop their flabby liberal rhetoric and to firm
up the jurisprudence on free speech and other
rights related concepts. How shall we deal with
the political mafia or bandits who get elected to
representative institutions at various levels in
the state? The challenge is now before the courts
to innovatively craft a jurisprudence just as
they did in the case of the executive in the
1970s with the doctrine of prospective over
ruling and the concept of basic structure of the
Constitution.
Interesting Steps
In this connection the steps taken by Asmita
Collective and Women's World India to experiment
in courts are interesting and worth debating.1
These steps if successful hold the possibility of
moulding a political culture and disciplining the
conduct of elected representatives. These two
groups have filed a petition in the Andhra
Pradesh High Court under Article 226 to issue a
writ of quo warranto seeking the removal of the
four legislators and the cancellation of the
registration of the AIMIM party by the Election
Commission.
This incident raises several very serious
concerns for human dignity, the right of persons
to life and liberty, freedom of movement and free
speech, besides raising questions related to the
conduct of elected representatives arising from
their unrestrained use of hate speech, physical
assault and death threats. Assaulting a foreign
national with a valid visa and forcing her to
leave the city is against all norms of democratic
functioning and international relations besides
being directly in violation of the protections
available to foreigners under Article 21 of the
Constitution of India especially as laid down in
Chandrima Das (2000 AIR(SC) 988). The affirmation
of the rights to life, personal liberty, freedom
of movement and freedom of expression have been
well enunciated in the Indian Constitution and
protected by courts over several years. The
primary issue raised in the petition is the
public conduct of elected representatives:
members of the AP legislative assembly. Election
law in India prescribes procedure for
disqualification of candidates during elections
in the Representation of People's Act (RPA), 1951
and of elected members on five specifically
stated grounds under Article 191 and under
Schedule X of the Constitution. The RPA under
Section 8 prescribes grounds for disqualification
of persons convicted for certain offences from
membership of Parliament and state legislature.
Schedule X of the Constitution details the
procedure for disqualification on grounds of
defection. Article 191 also sets out the ground
for disqualification of members, but the court
has also held that Article 191 does not exhaust
the grounds of disqualification of members.
Public misdemeanour, which includes rioting,
criminal intimidation with deadly weapons and
death threats do not find mention as explicit
grounds of disqualification, but can be argued
into the framework of accountability in wider
terms.
There is generally no code of conduct prescribed
for elected representatives during their term of
office. The only regulation is the oath taken by
them before entering office. The prescribed oath
for the legislator is found in the Third Schedule
and we are of the view that weight should be
attached to the oath taken. Legislators solemnly
affirm true faith and allegiance to the
Constitution and under- take to work for the
integrity of the nation. Therefore their conduct,
while in office, should abide by the oath. The
only punishment for perjury of the constitutional
oath in our view is immediate loss of office.
"The oath of office insisted upon under the
Constitution is the prescription of a fundamental
code of conduct in the discharge of the duties of
these high offices. The oath binds the person
through-out his tenure in that office, and he
extricates himself from the bonds of the oath
only when he frees himself from the office he
holds. Breach of this fundamental conduct of good
behaviour may result in the deprivation of the
very office he holds" (K C Chandy vs Balakrishna
Pillai, 1986 AIR(KER) 116).
The oath stipulated for the members of the
legislature shows that they are expected to owe
total allegiance to the Constitution and abide by
the laws of the land. In 1963, Parliament brought
forward the Sixteenth Constitutional Amendment
Act, through which it introduced amendments to
the sub-clauses that it would be reasonable
restriction to legislate on the freedoms if it is
made "in the interests of the sovereignty and
integrity of India". A corresponding amendment
was introduced in Article 84 and Article 173 and
the Third Schedule to the Constitution and the
oath as amended read "I solemnly affirm and bear
true faith and allegiance to the Constitution as
by law established and that I will uphold the
sovereignty and integrity of India". The right to
vote has been recognised as a fundamental right
under Article 19(1) of the Constitution. The
Supreme Court in People's Union for Civil
Liberties (PUCL) and another Petitioners with Lok
Satta and others and Association for Democratic
Reforms vs Union of India and another (2003 AIR
(SC) 2363), delineated this right as follows:
"The right to vote at the elections to the House
of People or Legislative Assembly is a
constitutional right but not merely a statutory
right; freedom of voting...is a facet of the
fundamental right enshrined in Article 19(1)(a)".
Every fundamental right has implicit in it a
remedy. Implicit in the right to vote, by that
token, is the remedy of recall of elected
representatives. The conditions of recall do not
necessarily have to be confined to the grounds of
disqualification stated in the Constitution or
the RPA, 1951. Recall is a remedy that invokes
not mere disqualification but forfeiture of
office for not satisfying the grounds for
continuance.
English law provided a proceeding to forfeit the
office by a writ of scire facias (which was
replaced by quo warranto), an established medium
for the determination that an office held "during
good behaviour" was terminated by mis-behaviour:
"When the framers employed 'good behaviour', a
common law term of ascertainable meaning, with no
indication that they were employing it in a new
and different sense, it might be presumed that
they implicitly adopted the judicial enforcement
machinery that traditionally went with it"
[Berger 2002: 131].
The Supreme Court has observed that "The trite
saying that 'democracy is for the people, of the
people and by the people' has to be remembered
for ever. In a democratic republic, it is the
will of the people that is paramount and becomes
the basis of the authority of the government. The
will is expressed in periodic elections based on
universal adult suffrage...The moment they put in
papers for contesting the election, they are
subjected to public gaze and public scrutiny"
(Para 15, 2003 AIR (SC) 2363). By this token
elected representatives become the link between
the government and the people and are accountable
to the people. In the event of such
representatives failing the test of good
behaviour during their term the fact of public
scrutiny and accountability must lead to
forfeiture of office. The law as it stands does
not specify procedure to enforce accountability
during the incumbent's tenure in elected office,
particularly with respect to public misbehaviour.
Given this lacuna in the law, the petitioners
felt it was necessary to request the court to lay
down the law constructively in this particular
case, which will also serve as an important
precedent for future recourse to remedy should
the unfortunate need arise.
Condition of Behaviour
Rioting with deadly weapons, voluntarily causing
hurt, mischief causing damage to property,
trespass after preparation for hurt, assault and
wrongful restraint and criminal intimidation come
within the meaning of grave misbehaviour and
constitute failure of the public scrutiny test.
Since the claim to enjoyment of public office
with undiminished perquisites and privileges is
on the implicit condition of good behaviour, the
petitioners have sought the issue of the writ of
quo warranto on grounds that the claim to office
has now been forfeited through the aforementioned
acts of misdemeanour.
The presumption in the holding of elected office
is that the tenure is one that is limited by good
behaviour, meaning thereby that whatever the
period stipulated in law, it does also imply that
the office can be forfeited on misbehaviour
whether the term is over or not, and the
subsequent criminal processes following such
forfeiture may follow. That there is no express
provision for termination should not become an
insurmountable obstacle because the law has
recognised time and again that where the end is
required the means are authorised, even if not
expressly stated. It is also true that the
disqualifications specified are not exhaustive.
To quote the classic expression of Marshall, CJ:
"Let the end be legiti mate, let it be within the
scope of the constitution, and all means which
are appro priate, which are plainly adapted to
that end, which are not prohibited, but consist
with the letter and spirit of the constitution,
are constitutional" (Mc Culloch vs Maryland, 4
Wheat (17 US) 316, 421(1819)).
It is the petitioners' belief that the
legislators have morally forfeited their right to
hold office and the decision of the court in this
regard is awaited.
Note
1 Asmita Resource Centre for Women is
committed to the securing of equal rights for
women under the constitutional scheme and has
campaigned for the past 16 years on women's right
to free speech and their right against censorship
by state and private actors. It has provided
coun- selling and legal aid to women victims of
violence; provided training to organisations in
rural areas in Andhra on designing and imple-
menting programmes that are gender sensitive;
supported networks of persons with disabilities
in the state; organised women writers, published
anthologies of creative writing by women, dalit
and Muslim writers, and has initiated campaigns
on secularism and diversity. Women's World
(India) is part of a world- wide network of women
writers that works to counter censorship and
protects the right to free speech. Formally
launched in 2003 it has more than 200 members and
was one of the first to protest against the smear
campaign against actor Khushboo in Tamil Nadu. It
also protested against the ban by the West Bengal
government on Taslima Nasreen's autobiography and
offered her protection and support after the
initial fatwa was taken up by Women's World
(International). Writers like Nabaneeta Dev Sen,
Jeelani Bano, Mridula Garg, Rukmini Bhaya Nair,
Abburi Chaya Devi, Bama are members of the
network.
Reference
Berger, Raoul (2002): Impeachment: The
Constitutional Problems, Harvard University Press.
______
[5]
http://www.petitiononline.com/didi123/petition.html
To: Chairperson, The National Commission for Women
AN APPEAL FOR UNCONDITIONAL AND IMMEDIATE RELEASE OF SHEILA DIDI
To
Chairperson
The National Commission for Women
Dear Madam,
Sheila Didi is a popular women's activist among
the most deprived women of Jharkhand, Orissa,
Chhattisgarh, and Bihar. She was the former
President of Nari Mukti Sangh, Bihar.
Sheila Didi was arrested on 7 October 2006 at
Aamjhor Village under the police limits of
Lathikata, Sundargarh district of Orissa. The
police fabricated cases against her in the name
of waging war against the state. After the arrest
they immediately shifted her to a nearby CRPF
camp where she was tortured physically and
psychologically for two days. Later she was
produced before a magistrate court which allowed
four more days of police custody. She was once
again tortured physically and psychologically.
She sustained injuries on forehead and stomach
during the police torture. The police brutally
tortured her constantly by inflicting severe
blows on her legs and the soles of her feet. The
police, after blindfolding her, kept on shifting
her from one place to the other. She was
interrogated by the teams of police from West
Bengal, Madhya Pradesh and Uttar Pradesh.
Since then she has been incarcerated in Rourkela
prison. Her health has deteriorated as she has
been denied any medical care. She hasn't been
given even a pen or a sheet of paper, let alone
books or periodicals to read. After she was given
bail in all existing cases on 11th July 2007 she
was arrested again as soon as she came out of
prison with more cases being foisted on her.
Sheila Didi belongs to a poor Adivasi family. A
woman of courage and conviction, she was
convinced about the need for building up a strong
women's movement as she realized that women in
our country had to fight every step for their
rights and freedom, to do away with the customs
and traditions that treat her as an inferior
being, a second class citizen. The founding of
Nari Mukti Sangh along with a host of other women
was the result of this realization.
Soon this organization developed into a strong
women's organization. Thousands of the most
deprived women today are conscious about their
rights. This organization has been consistently
fighting all forms of patriarchy while at the
same time resisting any kind of exploitation,
domination or discrimination. Hundreds of women,
along with Sheila Didi have become literate in
the due course of empowerment of this real and
genuine movement.
The condition of women in our country is so
pathetic and wretched that if they stand on their
own legs in order to move ahead in their lives,
patriarchic oppression along with all kinds of
attacks of the contemporary society will brow
beat them to submission. It is in this context
that Sheila Didi has evolved as a valiant and
uncompromising leader of the oppressed women and
waged several struggles for the betterment of
their lives in these regions. It is highly
deplorable and is a grim reflection of all of our
sensitivity that this women's activist who has
emerged from the most oppressed rungs of Adivasi
life and who worked day in and out to awaken
thousands of oppressed women, has been
incarcerated in the jail.
We the undersigned demand that Sheila Didi be
released immediately and unconditionally. In this
context we urge you to intervene immediately and
ensure that she receives proper medical care and
relief. We also demand that she be treated as a
Political Prisoner as she has been arrested and
incarcerated for her convictions to fight for
women's rights.
In this connection, we also appeal to all
democratic, civil and human rights organizations,
women's organizations, youth and students
organizations, workers' and democratic
individuals to raise their voice against the
continued incarceration of this senior women's
activist while demanding for her unconditional
release.
Sincerely,
The Undersigned
______
[6]
[September 9, 2007]
RAM SETHU: MAN MADE OR NATURAL
by Ram Puniyani
Different agitations are on to oppose
Sethusamudram project linking Gulf of Mannar with
Palk straight. Dharam Sansad (religious
Parliament, a VHP initiative) has been mobilized
around 'faith', on the ground that this project
will destroy Ramar Sethu, the one which was built
by Vanar Sena (Army of Monkeys) to help Ram cross
over to Lanka to rescue Sita. The project was
supported by most of the political parties in the
past including NDA alliance Government. When
complete, it will cut short the long journey of
the ships from east coast to the west coast, and
vice versa. Like Panama Canal it has been
conceived to promote the transport, employment
and to improve trade. Half way now, it has been
facing two oppositions. The one is from the
environmentalists, who are worried about the
destruction of flora and fauna and the dangers of
silting in the canal. These are the arguments
which need to be taken seriously.
The other ground, the one based on faith need to
be dealt with at another ground. RSS and its
affiliates are promoting a view that building
this Sethusamudram will involve be destruction of
Ramar Sethu which will be detrimental to our
faith. The story goes that Ravan, the King of
Lanka had abducted Sita to avenge the insult
meted out to his sister Shurpnakha, whose
proposal for marrying her was turned down by the
Lord Ram. Assisted by his loyal devotee Hanuman,
the Lord mobilized monkeys and built this bridge.
It is claimed that this bridge is a marvel of
engineering achievements of the Indian engineers
of that time. The assertion is that it shows the
acme of technological achievements of this land,
and that there are other noteworthy achievements
like the advances in aeronautical technologies
like aero planes, missiles to name the few.
How do we understand these claims, how do we
comprehend this peep in to the past? How do we
distinguish fact from fiction, history from
mythology? To reconcile history, science and
mythology are the complex questions in our public
life. To begin with history of events has some
definitive characteristics, though their
interpretations do vary with the political
ideologies. But what about mythology? Here these
accounts have been put forward as the fictional
accounts of the past. Some of these accounts
have been associated with faith. Faith to some
extent is natural and sometimes it is being
manufactured and asserted for political goals.
As far as Lord Ram's story goes there are several
versions of Ramayana, (Many Ramayanas, Richman,
OUP). Some of these are very popular like Valmiki
Ramayana and Tulasidas Ramcharitmanas. Surely the
most popular one currently is the one from
Maharashi Ramanand Sagar's mega serial which
captivated the nation for couple of years. There
are other versions, which have been undermined
and attacked mostly for political reasons. Sahmat
exhibition on different versions of Lord Ram's
story was attacked few years ago. Some
politically motivated people could not bear one
of the versions presented in this exhibition. It
showed that according to Jataka version of Ram
Katha, in post Brahminical Buddhist Dashrath
Jataka Sita is both as sister and wife of Ram. As
per this version Dashrath is King not of Ayodhya
but of Varanasi. The marriage of sister and
brother is part of the tradition of glorious
Kshtriya clans who wanted to maintain their caste
and clan purity. This Jataka tale shows Ram to be
the follower of Buddha. Similarly in Jain
versions of Ramayana project Ram as the
propagator of anti-Brahminical Jain values,
especially as a follower of non-violence. What do
both Buddhist and Jain version have in common is
that in these Ravana is not shown as a villain
but a great soul dedicated to quest of knowledge
and is a spiritual soul, with majestic commands
over passions, a sage and a responsible ruler.
Popular and prevalent 'Women's Ramayan Songs (of
Telugu Brahmin Women), put together by
Rangnyakmma, keep the women's concern as the
central theme and present alternate perspective.
These songs present Sita as finally victorious
over Ram and in these Surpanakha succeeds in
taking revenge over Ram.
Many people dispute that the Lanka mentioned in
Ramayana is not the current Sri Lanka. Since
mythology does not require any proof it can be
modulated and constructed in to a faith for
political purposes. Recently in the Shabri Kumbh
held in Dangs in Gujarat, the mythology was
modulated in to the service of politics. It was
said, and that too with great amount of
precision, that a particular hillock, which was
earlier called Chamak Dongar, which adivasis used
to worship as Shivar Deo (protector of crops),
was the precise place where Shabri had offered
berries to Lord Ram. It was rechristened and a
Shabri temple was built on the spot. Nearby, a
river six kilometers away, Purna was named as the
one where Guru Matang rishi use to take bath. On
the mountain on the stone there were three marks
which are being presented as the marks where
Laxman had sharpened his arrows.
This Ramar Sethu has been shown to be the pre
human structure, called tombol, a sand deposition
due to natural process. The Geological Survey of
India ruled out its being the manmade (or monkey
made), construction. Same way the inference from
NASA satellite pictures is that it is due to
sedimentation of clay and lime stone. It is
tombol in NASA language, connecting one land with
another, and that it is from times when human
habitation is doubtful.
It is easy to construct a fly over to the future
but difficult to prevent the formation of
mythological bridges of the past. Mythology can
easily be constructed and planted in the peoples
psyche as it is driven by political goals and
rides on horse of emotion. Reason and logic have
no place in this scheme of things. One knows that
some Mullahs, having faith in the infinite power
of djinns advocated their rulers to invest in the
research for making more djinns so that power
crisis can be solved. Also with the resurgence of
fundamentalism one is hearing that Creation
science is back in the race to compete with the
theories of evolution. The question is, should we
misuse faith, faith which can be an assuaging
balm, for building political agendas?
(Author is secretary of All India Secular Forum)
o o o
The Times of India
11 Sep 2007
ADAM'S BRIDGE WAS NDA DECISION: GOVT
by Dhananjay Mahapatra,TNN
NEW DELHI: Opposition NDA is shedding crocodile
tears over the dredging of Adam's Bridge or Ram
Sethu under the Sethusamudram channel project
though it was its regime that had cleared it in
2002, the Centre told the Supreme Court on Monday.
Quoting studies independently carried out by
scientists from NASA and India, the government
said there was no rationale for linking Adam's
Bridge or Ram Sethu to mythology as it was not a
man-made structure.
Dredging it, without harming the Mannar biosphere
reserve, to create an economically profitable as
well as strategic navigation route between India
and Sri Lanka would not hurt religious
sentiments, it said in an affidavit responding to
Subramainam Swamy's petition.
It sought vacation of the apex court's interim
order restraining dredging of Adam's Bridge and
quoted a NASA spokesman to state that the bridge
was nothing more than a 30-kilometre-long
naturally occurring chain of sand banks.
It also annexed a study using IRS Satellite data
by Marine and Water Resources Group, Space
Application Centre, Ahmedabad,which concluded
that "Adam's Bridge is not man-made in nature".
It said the government had taken all possible
clearances, including an environment-impact
assessment, before implementing the project,which
first figured in Commander Taylor's proposal in
1860 contemplating cutting a canal across the
Tonitorai Peninsula, near Pamban Pass.
The route under the project,which involves
dredging over a width of 300 metres and depth of
12 metres on Adam's Bridge, though inaugurated by
Prime Minister on July 2, 2005, was approved as
far back as October 2002 during the NDA regime.
"In fact, the project was vetted and endorsed by
no less than 4 ministers of the previous NDA
government - Arun Jaitley on March 9, 2001, V P
Goyal on October 29, 2002, S Thirunavukkarasar on
October 25, 2002, and Shatrughan Sinha - hence
objections to the project are completely
baseless," the Centre said.
It also rejected another contention of the
petitioner that Adam's Bridge could qualify as an
ancient monument and said there was no scientific
basis to this contention. It was only a ruse to
stop the project that would generate revenue from
fees obtained from traffic passing through the
channel. It said Taylor's proposal in 1860 was
followed by similar proposals from Townsend
(1861), Parliamentary Committee (1862),William
Deninson (1863), Stoddart (1871), Robertson
(1872), Sir John Code (1884), South Indian
Railway Engineers (1903) and Robert Bristow
(1922).
The Sethusamudram Project Committee proposal came
in 1956. The government cited a environment
viability report of National Environment
Engineering Research Institute (NEERI), which
said no dredging would be required in the Gulf of
Mannar Marine Biosphere. The Centre said this
developmental project involved dredging of just
one-hundredth of Adam's Bridge.
______
[6] [Concerned citizens and progressive lawyers
should write to the Chief Justice of India to
reprimand Justice S N Srivastava for undermining
the credentials of secular judicial system.
Sitting judges should be shown the door if they
indulge in 'communal talk'. ]
o o o
ALLAHABAD HC JUDGE WANTS GITA TO BE NATIONAL HOLY BOOK
Aasim Khan / CNN-IBN
Tuesday , September 11, 2007
New Delhi: " It is the duty of every citizen of
India under Article 51-A of the Constitution of
India, irrespective of caste, creed or religion,
to follow dharma as propounded by the Bhagvad
Gita". This is not a chorus by any Saffron
brigade, but the pronouncement of a judge of the
Allahabad High Court . Justice S N Srivastava
made this observation on August 30, while hearing
a case filed by Shyamal Ranjan Mukherji, a priest
at the Gopal Thakur Mandir in Varanasi. Says
Allahabad High Court lawyer, Krishna Shukla, "The
Bhagavad Gita was an inspiration to all who took
part in the struggle for India's independence and
the preachings in the holy book are for the
common man, and not for any particular caste or
creed." The saffron brigade however insists that
the judgement has nothing to do with the judge's
religion. Says member Vishwa Hindu Parishad, B P
Singhal, "He has justice in his mind, not as a
Hindu, but as a judge." However if one looks back
at the track record of S N Srivastava , there are
other controversies as well. On April 5 this
year, he had ruled that Muslims were not a
minority group in Uttar Pradesh. The order was,
however, stayed the very next day by a division
bench of the High Court.
His ode to dharma came at the very end of his
career, just five days before retirement.
Says columnist Saeed Naqvi, "The Bhagvad Gita is
a part of India's culture but they are trying to
make it a religious text." In the words of the
judge, if we can have a national bird, we might
as well have a national holy book too. But then,
are such sweeping statements appropriate for a
custodian of the law, in a secular republic?
(With inputs from Abhishek Patni in Lucknow)
______
[8]
Times of India
7 September 2007
DEOBAND ISSUES FATWA AGAINST PHOTOGRAPHY
by Pervez Iqbal Siddiqui, TNN
LUCKNOW: A fatwa issued by Darul-uloom Deoband in
Saharanpur district banning photography for
Muslims has created a flutter in the community
and beyond. The fatwa has called photographs
unlawful and against Shariat.
Interestingly, the Islamic seminary has made it
compulsory for students to afix their photographs
in admission forms. It has also not taken into
account that photographs are mandatory all over
the world for those applying for Haj pilgrimage
and passports.
The fatwa was issued in response to a query on
photography by an Assam-based NGO by four senior
clerics of Darul Ifta (fatwa section) of the
seminary. The clerics are Mufti Habib-ur-Rehman,
Mufti Zain-Ul-Islam, Mufti Mehmood and Mufti
Zafiruddin. They stated that photography, which
includes taking pictures or posing for picture,
was completely against Shariat.
Mufti Arifuddin, a senior faculty member at the
Darul-uloom Deoband (Waqf) in Saharanpur, told
TOI, "Taking photographs is completely proscribed
under Shariat.''
Asked about the seminary's directive to students
to affix their photos in admission forms, Mufti
Arif said photographs were allowed only when
mandatory. "The ban applies on photography during
marriages and other social functions or for
commercial use,'' he said.
Asked about passports particularly for Haj
pilgrimage, he said since Islam gives importance
to intentions, photographs clicked for such
purposes can be permitted. "But even such
photographs must not be distributed or kept with
oneself with the intention of showing it to
others or for the heck of it,'' said Maulana
Khalid Rasheed, member of the All-India Muslim
Personal Law Board and Imam of Aishbagh Eidgah in
Lucknow.
______
[8] [UK: MULTI CULTURAL AND FAITHFUL]
(i)
The Guardian
September 11, 2007
GHETTOES OF SUPERSTITION
Far from aiding social cohesion, faith schools
only cause further divisions. Religious worship
must be relegated to the private sphere and kept
there.
by AC Grayling
So the schools secretary, Ed Balls, and faith
group leaders have formed a partnership endorsing
faith schools as a force to improve social
cohesion in England. This gasp-inducing statement
is on a par with "let us build and run more
nuclear power stations Chernobyl fashion - oh,
and let's put them in city centres". In the face
of the failure of multiculturalism, with the
awful example of faith-divided schooling in
Northern Ireland over decades, with news of
Deobandi control of half of British mosques where
hostility to the host community is preached, the
government is choosing to continue to fly in the
face of all reason and experience, and to design
and pay for - with our tax money - greater future
divisiveness and trouble. It is staggering.
On the news we hear: "At a conference in London,
Mr Balls presented a joint policy statement with
Church of England, Roman Catholic, Jewish,
Muslim, Hindu, Greek Orthodox and Sikh
representatives." That is, representatives of an
active constituency of weekly worshippers of 8%
of the British population, all of them votaries
of ancient superstitions, all of them with grubby
hands rummaging in the pot of public funds, and
some of them doing it with the useful background
threat of violence and civil unrest unless the
rummaging pays off. The spectacle is appalling.
The question is not solely one of public policy,
or the fact that the government's otherwise
admirable desire for social cohesion is going to
be negated, not enhanced, by paying to keep
children apart from one another in competing
ghettoes of superstition. There is the point also
that if parents wish to bring up their children
in their own traditional superstitions, they
should do it on their own time and at their own
expense. The secular majority in this country
should bitterly oppose the use of their tax money
for this misconceived policy. Religion, the bane
of the modern world in so many respects, has got
to be relegated to the private sphere and kept
there. And religious worship (not of course
historical and sociological comparative study of
the subject) should be removed from publicly
funded schooling, as being divisive there too -
among many other deficits.
This argument has in fact been won, and won
repeatedly. Those pressing for more faith-based
schooling use a variety of contradictory claims
to support their case, from standards (the
contradiction here is the ever-improving,
ever-mounting GCSE and A-level results across the
education sector) to the grail of social
cohesion. It is this latter where absurdity most
appears. "We desire all British people to live
together in peace, harmony and mutual
understanding, so let us divide our children into
a multiplicity of schooling apartheids where they
can be taught that all the other children in
their separate ghettoes worship false gods." Good
thinking, Mr Ed Balls. Let us, in your honour,
officially baptise the policy "A Continuing
Balls-Up".
o o o
(ii)
The Independent
11 September 2007
THERE'S NO DENYING IT... FAITH SCHOOLS DIVIDE
by Thomas Sutcliffe
I'm not sure I'm in a position to preach about
faith schools, having sent two of my children to
one at and even, to my perpetual shame, attended
church services to rack up the Frequent Flyer
points needed to guarantee admission to an
admired Church of England primary. Perhaps,
though, this confession might count as a kind of
credential rather than a disqualification.
It indicates firstly that my prejudice against
faith schools isn't so overwhelming that I can't
see that some of them are also good schools, and
secondly that parental choice - that sacrosanct
justification for the Government's proposed
expansion of faith schools - can sometimes be a
very dimwitted mechanism indeed. I don't have a
great deal of confidence in my own parental
choice, let alone that of others.
Still, I recognise that no politician could say
such a thing. And since Hindu, Sikh and Muslim
parents are at a comparative disadvantage when it
comes to choosing the religious indoctrination of
their children, says the Government, it's only
right that this inequality should be corrected.
Which begs the question of whether Hindu, Sikh
and Muslim parents (or Roman Catholic or Plymouth
Brethren parents for that matter) would be making
a good choice for their children - or, even more
importantly perhaps, for society at large.
This latter issue is clearly praying on the mind
of the Department for Children, Schools and
Families, because their joint statement on the
expansion of faith schools, Faith in the System,
is strangely insistent on the ability of
religious education to "promote community
cohesion" . The phrase is used again and again
throughout this flabby and abject document, as if
sufficient repetition will induce a hypnotic
state of acquiescence.
And I don't think you have to be a signed-up
Freudian to wonder whether the reason it occurs
so frequently is because the people who drafted
the statement are uncomfortably aware that it's
the very last thing that faith schools are likely
to do. Indeed, if they didn't believe that then,
why did the Government attempt (unsuccessfully)
to impose regulations about the admission of
other or no faith pupils? It's axiomatic: if
faith schools increase in number and if more
parents choose them, then the consequence will be
community dis-integration.
Faith in the System doesn't actually include a
single piece of hard evidence that faith schools
will "promote community cohesion". Nor does it
seriously address any of the important issues
about conflicts between religious teaching and
the National Curriculum, or between employment
rights and doctrinal prejudice. It simply offers
a number of anecdotal examples of faith schools
which attempt to redress their own cultural
homogeneity with exchange visits, comparative
religion studies and outreach programmes.
Bizarrely, these schools are actually commended
for adopting corrective measures to deal with a
problem - ignorance of other cultures and faiths
- that they have themselves aggravated. Instead
of studying alongside children of different
faiths and cultures, experiencing from day to day
the countless things they have in common, pupils
will be introduced to other faiths as part of the
curriculum - effectively as an exercise in
comparative anthropology. And, as I say, not one
hard fact that supports the case - just a string
of bland truisms and pious assurances. I suppose
we're just meant to take the rest on faith.
______
[9] Announcements:
(i)
Friends,
You are invited to an exhibition of conceptual
photo illustrations by Hasan Zaman. Please join
us and meet the artist-photographer on Wednesday
12th September at 7:30 pm. The exhibition will
continue till the end of the month and prints are
available for sale.
Date: Wednesday, 12th September, 2007 (The
exhibition will continue till the end of the
month)
Time: 7:30 pm
Venue: The Second Floor
6-C, Prime Point Building, Phase 7, Khayaban-e-Ittehad, DHA, Karachi
Phone: 538-9273 | 0300-823-0276 | info at t2f.biz
Map: http://www.t2f.biz/location
---
(ii)
Sugawa Publications Pune,
and EKTA, Committee for Communal Amity
BOOK RELEASE FUNCTION
Book Communal Politics ;facts v/s myths by Ram
Puniyani (Sage Pub.Delhi) has been translated in
Marathi by Pradeep Deshpande (pub.by Sugava Pune)
'Zamaatwaadache Rajkaran Mithake ani vastav is
scheduled to be released by
Mr.Mahesh Bhatt
( Film Producer and Director )
on Saturday ,15th Sept.2007 at 5.30 pm.
Dr.Rajendra Vohra and Ram Puniyani will speak on the eve
The function is presided by Nikhil Wagale.
Venue ; Lok Vangmay Griha, 85, Sayani Road,
Prabhadevi mumbai -25 ; Near Ravindra Natya
Mandir signal stop .
You are cordially invited to participate in the programme.
The book being released is in Marathi pp.380
;priced Rs.300/- will be available @ Rs.250/-
only on the date.
Usha Wagh, Sugava
PS. One more book ' Dahashatwaad Mhanaje
?''..containing detailed topics on global
terrorism and the
one within us is now on sale . Rs.60/- but being sold @ Rs.30/- on this day
---
(iii)
Subject: SAHMAT Celebrates Husain at 92
Artist MF Husain turns 92 on September 17th,
2007. While he remains in exile from the soil of
his birth, abandoned by the central government
and enmeshed in false, cynical and politically
motivated court cases lodged by the Hindutva
forces, we, the artist community honor and
celebrate him with all our heart. We know that
his name and work will live on in historical
memory long after the petty politicians are lost
in the dust of history.
Sahmat is issuing an open call to all galleries
and museums in India and around the world to
celebrate a month in honour of Husain. Please
hang at least one work of his in your spaces for
the month. We also call on art schools and
students to mark the month in ways of their own
choosing and inspiration.
Sahmat will host a street celebration on the 2nd
of October, Gandhi Jayanti, at Rafi Marg in New
Delhi, in front of Husain's huge mural of
Jawaharlal Nehru on the CSIR building, with
street bands, hoarding painters and artists. We
will also host a festival of his films including
Gaja Gamini, Meenakshi - a Tale of Three Cities
and Through The Eyes of a Painter.
Please join the artists of India in celebrating Husain !
Ram Rahman, Vivan Sundaram, MK Raina, Parthiv Shah for Sahmat
_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/
Buzz for secularism, on the dangers of fundamentalism(s), on
matters of peace and democratisation in South
Asia. SACW is an independent & non-profit
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