SACW | May 16- June 3, 2008 / Dhaka's Mass Arrests / Sri Lanka: Violence, Media / Bangladesh -India: Friendship Express? / Pakistan's Bomb / India: State impunity

Harsh Kapoor aiindex at gmail.com
Mon Jun 2 18:29:59 CDT 2008


South Asia Citizens Wire | May 16 - June 3 , 2008 
| Dispatch No. 2517 - Year 10 running

[1] Bangladesh: Arbitrary Arrests Can Never 
Strengthen Democracy (editorial, New Age)
[2] Sri Lanka:
    (i) Is there no end to the violence? (Shanie)
    (ii) Contradictory Positions on Media Freedom 
Encourage Impunity (National Peace Council)
[3] Bangladesh-India: Trouble on the Friendship Express? (Antara Datta)
[4] Pakistan: Has the bomb helped us? (M B Naqvi)
[5] India: The saga of State impunity (K G Kannabiran)
[6] India: Statement and charter of demands @ the 
seminar 'Scapegoats and Holy Cows' - The Indian 
State's 'Response' to Terrorism
[7] International: Gender Imbalance of UN Human 
Rights Council Panel on Intercultural Dialogue - 
NGO Intervention
[8] India: Withdraw FIR against Journalists in Ahmedabad (SAHMAT)
[9] India: The Second Murder (Vir Sanghvi)
[10] Announcements:
-  India-Pakistan: Themes Beyond Borders - 
Selections from Nikhil Chakravartty's Writings

______


[1]

New Age
June 2, 2008

Editorial
ARBITRARY ARRESTS CAN NEVER STRENGTHEN DEMOCRACY

WE ARE alarmed by the initiation of fresh drives 
by the military-controlled interim government to 
arrest grassroots politicians from around the 
country. Although the inspector general of police 
has claimed that these are routine drives to 
contain crime and have not been triggered by any 
political motive, it is evident from the 
identities of most of those detained thus far 
that the regime has decided once again to tighten 
the noose around the Awami League and the 
Bangladesh Nationalist Party. It is also probably 
not a coincidence that these drives come at a 
time when both the BNP and the Awami League have 
decided to pull out of planned dialogues with the 
government and have hinted at initiating 
movements to free their detained leaders and to 
bring to an end the ongoing state of emergency. 
Leaders of both parties have already condemned 
the new arrests and have stated that these are, 
in their opinion, nothing more than the latest 
attempts by the regime to frighten politicians 
into submission.

    Our anxiety about these fresh arrests stems 
from the fact that the current regime is doing 
nothing but making a bad situation worse. Already 
the country is reeling under a state of emergency 
that has suspended the fundamental rights of 
citizens as granted by our constitution, has put 
restrictions on the people's right to seek bail 
and to move the courts and has attempted to 
muzzle the free press and control the flow of 
information. The people are not only being 
governed by a regime that they did not chose and 
have little control over, they are being made to 
live as prisoners in their own land, unable to 
raise their voice or create a platform to protest 
even when the prices of essential commodities 
like food have gone nearly out of the reach of 
the vast majority.

    Under this repressive state of emergency, the 
government, during its prolonged tenure, have 
arrested some 440,000 people, according to a 
recent report of the UK-based Amnesty 
International. Besides, the 69 jails of the 
country are bursting at the seams as they are 
currently home to over 90,000 detainees, 
including the high-level politicians and 
businessmen who were the early targets of this 
regime. A spate of new stories in different 
newspapers has reported on the abysmal state 
within our prisons at present and a recent story 
in this paper reported that there are only 16 
doctors for the over 90,000 detainees in our 
prisons.

    The regime now apparently wants to add to that 
figure by arresting more politicians, although 
the focus seems to have shifted to grassroots 
level politicians who are essential for the 
parties to mobilise public support against the 
government and who would undoubtedly stand in the 
way of any plan by the government to set up a 
political platform at the grassroots through the 
holding of local government polls. However, the 
arbitrary arrest of politicians cannot and will 
not strengthen democracy. Hence, we would like to 
remind the government that instead of arresting 
more people in its endless quest to weaken the 
political parties in order to cling to power, it 
would do better to lift the suffocating state of 
emergency that has made us all prisoners in our 
own land and to hold parliamentary elections in 
order to allow the people to be governed by their 
elected representatives.


_______


[2]  Sri Lanka

(i)

The Island
May 31, 2008

IS THERE NO END TO THE VIOLENCE?

by Shanie

The level of violence with its attendant 
abductions, targeted killings, disappearances, 
etc has once again reached a high after a period 
of lull. The bombings targeting civilians using 
public transport at Dehiwala, Piliyandala and 
Colombo Fort have been blamed on the LTTE. The 
LTTE was also undoubtedly responsible for the 
killing of a prominent civilian Maheswary 
Velayutham. She may have been working for the 
EPDP leader but was by no means a militant 
herself and was an unarmed civilian; and there is 
no evidence to suggest she had any connection 
with or even condoned the violence in Jaffna 
blamed on EPDP cadres. She was killed because she 
was a prominent civilian who dared to defy the 
LTTE.

Like the LTTE, the Karuna/Pillayan Group also 
continues with its violence against civilians, 
targeting anyone who defies them in the East. 
Even the resurgence of abductions and 
disappearances outside the North and East is 
blamed on this Group with or without the 
connivance but at least enjoying the protection 
of the security forces. Some of the abducted 
persons have been released, but some who are 
found to have had any connection with those 
opposed to the Karuna/Pillayan Group are paying 
the price. That is also precisely why the Muslims 
in the Eastern province are being targeted by 
Pillayan. They dared to vote for the SLMC. The 
Government is making a huge mistake by allowing 
the security forces to turn a blind eye to the 
systematic harassment of civilians who dissent 
from the politics of Pillayan. In due time, this 
will come to haunt President Mahinda Rajapaksa 
and the SLFP. The SLFP has enough senior leaders 
with the political sense to realise the dangers 
of supporting an outfit like that of Pillayan. If 
they want to survive as a significant force in 
Sri Lankan politics, then the SLFP must distance 
themselves from Pillayan - now, before it is too 
late.

The security forces themselves have not been 
blameless. The recent claymore mine attacks 
within LTTE-held areas in the Vanni, the 
intimidation of media personnel and some 
abductions and disappearances are directly or 
indirectly blamed on the security forces. The 
'war on terror' or even the fact that the LTTE is 
in gross violation of human rights by killing 
dissidents cannot justify the extra-judicial 
killing of any civilian. In any case, Governments 
must not sink to the level of 'terrorist' groups.

One simply fails to understand the reasoning 
behind the direct targeting of civilians. What 
did the LTTE hope to achieve by the horrendous 
act of killing innocent civilians returning home 
from work in a train? What does the Pillayan 
Group (or their minders) hope to achieve by 
intimidating and alienating the Muslims in the 
Batticaloa District? What is hoped to be achieved 
by the indiscriminate attacks in the Vanni 
allegedly carried out by the Deep Penetration 
Unit of the security forces?

Only the Government can find a way out of this 
impasse. It must take the civil society into 
confidence and invite them to mediate in bringing 
these senseless loss of lives - civilian and 
military - to an end. That is the first step and 
that must lead on to a political settlement that 
ensures justice for everyone.

AHRC as defenders of human rights

D. Siriratne from Ambalangoda takes issue with 
this columnist for our reference last week to the 
Asian Human Rights Commission which has been 
taking up violations of human rights throughout 
the region, and in particular for the initiative 
they took in the case of young Rizana Nafeek in 
Saudi Arabia. He refers to five members of our 
security forces being held captive by the LTTE 
and asks what the AHRC has done in their case. 
That is a question which this columnist cannot 
answer for the AHRC. But Siriratne must know that 
there is a difference between civilians and 
combatants in a war. The treatment of prisoners 
of war is governed by the Geneva Convention. Even 
though the LTTE may not be signatories to the 
protocols of the Convention, we would expect them 
to honour the Geneva Convention. We would also 
expect them to allow, in the absence of the SLMM 
now, the ICRC to have access to these young men 
in their custody. If, as Siriratne says, they are 
being held incommunicado, then that is totally 
unacceptable.

I hope Siriratne is also concerned about the 
hundreds of non-combatant civilians who are being 
held in custody without any charges being brought 
against them. They and their families, like the 
prisoners of war, also go through trauma. The 
same goes for the many who are even today being 
abducted and some disappearing without a trace. 
Thousands remain in camps for the internally 
displaced persons. Siriratne surely also knows 
that all parties to this conflict - the security 
forces, the LTTE and the other para-military 
armed groups - are guilty of all these violations 
of human rights. I am sure he will apply the same 
standard in judging the violations by all parties.

Organisations like the Asian Human Rights 
Commission, the University Teachers for Human 
Rights (Jaffna), Amnesty International, Human 
Rights Watch, and various other human rights 
organisations have for decades been campaigning 
for the observance of human rights and the rule 
of law. They have not been selective in their 
condemnation of human rights violations, as many 
of us with our own prejudices and partisanship 
are. Terrorism and deliberate violations of human 
rights cannot be justified under any 
circumstances and it will do our country good if 
we have a strong citizens' movement that will 
lobby all parties to the conflict to respect 
human rights.

SCOPP and civilian deaths

Rajiva Wijesinhe, Secretary General of the 
Secretariat for the Co-ordination of the Peace 
Process, also takes issue with this column for 
stating that the Peace Secretariat was in a state 
of denial as regards civilian deaths. He states 
that the Peace Secretariat has not denied that 
there have been civilian killings, nor indeed 
that there have been civilian deaths in the 
course of military operations. He adds that at 
the Peace Secretariat, they monitor all reports 
of civilian deaths to the extent of seeking 
clarification if explanations seem insufficient. 
We are certainly glad to hear this because this 
is the job which a Peace Secretariat is expected 
to do. Unfortunately, none of it has come out in 
the many Press statements that Wijesinhe has been 
issuing in the name of the Press Secretariat.

In one of the recent Press Statements dated 22nd 
May 2008, Wijesinhe was critical of former 
President Jimmy Carter and Bishop Desmond Tutu 
for the statements they issued and titled his 
piece invoking Coleridge's poem on the ancient 
mariner shooting the albatross. Referring to 
criticisms of indiscriminate attacks on 
civilians, Wijesinhe states that 'their on 
reports could only cite one civilian deaths in 
the course of operations - and in that instance, 
the deaths were caused by mortar locating radars 
with the HRW report itself testifying to the 
presence of armed LTTE cadres and the existence 
of bunkers in the refugee camp that was fired 
upon.' Now could Wijesinhe, who is familiar with 
the nuances of the English language, explain if 
that statement accepts or denies civilian 
killings. Is he not saying that only one instance 
of civilian deaths has been cited and in that 
particular case there was justification for the 
killing? Could he cite any statement that he has 
issued, where he accepts that there have been 
unacceptable civilian deaths. If not, is that not 
being in a state of denial?

During the course of the last couple of weeks, 
Wijesinhe has issued a statement correctly 
condemning the killing of Maheswary Velautham, a 
civilian, almost certainly by the LTTE. He has 
also issued a statement correctly condemning the 
use of child soldiers by the LTTE. But why has he 
not issued a statement on the use of child 
soldiers by the Karuna/Pillayan Group? (He must 
know that the recent token release of a few child 
soldiers is as hollow as the earlier token 
release of a few child soldiers by the LTTE.) And 
why was no statement issued by the Peace 
Secretariat on the 
deaths/disappearances/abductions of other 
civilians blamed on the security forces and/or 
paramilitary groups?

Why was no statement issued on the discovery of 
mass graves at Kebbitigollawa? I trust he does 
not see his role in the Peace Secretariat as that 
of only being a propagandist for the government. 
If, as he suggests in his response, he is engaged 
in silent diplomacy with the Government, then 
that diplomacy will be better served if his 
public statements refrain from selectively 
justifying violations of human rights.

(ii)

National Peace Council of Sri Lanka
12/14 Purana Vihara Road
Colombo 6
Tel:  2818344, 2854127, 2819064
Tel/Fax:2819064


30.05.08
Media Release

CONTRADICTORY POSITIONS ON MEDIA FREEDOM ENCOURAGE IMPUNITY

The silencing of journalists by killing and 
intimidating them has become a major problem in 
Sri Lanka. The National Peace Council condemns 
the killing of Paranirupasingam Devakumar who is 
the ninth journalist to be killed in the past two 
years. We are appalled at the brutal manner of 
his death by waylaying him as he was traveling 
and hacking him to death. This killing comes soon 
after the brutal assault and torture of senior 
journalist Keith Noyahr in Colombo.

International experience has shown that a key 
component of any political solution is its 
acceptance by the people of the country. It 
through public awareness creation, in which the 
media plays a central role, that the people's 
mandate for a sustainable political solution can 
be found. The National Peace Council notes that 
the government continues to stand by the position 
that it is for a political solution to the ethnic 
conflict and the ongoing military operations are 
meant to facilitate that political solution.

In this context, the killing of Paranirupasingam 
Devakumar, who worked for a national television 
network in Jaffna will be a further constraint on 
the free flow of information from the war zones 
of the north. We reiterate our concern about the 
continued incarceration of senior journalist J S 
Tissaianayagam, whose arrest and detention now 
continues into its third month without charges 
being made against him in a court of law.

We are perturbed by statements made by senior 
Defence Ministry officials that the military and 
its leadership should not be criticized by the 
media and that journalists working for the state 
controlled media had no right to criticize the 
government. While welcoming the Media Minister's 
statement that this is not government policy, we 
ask the government to ensure a unified media 
policy as contradictory statements may be taken 
by various groups as a further license to behave 
with impunity towards the media.

The National Peace Council expresses solidarity 
with those journalists who are courageously 
committed to revealing realities from the ground 
and to risking their lives in the service of 
truth. We express our admiration of the 
willingness of media personnel to continue their 
work in the face of such fatal risks. We call on 
the government to put in place protection 
mechanisms that would ensure the safety of 
journalists in Sri Lanka and the right of 
citizens to access a diverse media that provides 
free and accurate reporting on national affairs.

Media Director
On behalf of the Governing Council


_______


[3]

Economic and Political Weekly
May 24, 2008

TROUBLE ON THE FRIENDSHIP EXPRESS?

by Antara Datta

The Maitreyi (Friendship) Express, the rail 
service between India and Bangladesh that was 
restarted recently evoked nostalgia and hopes for 
stronger ties between the two nations. However, 
it will take more than a rail link to deal with 
fears of infiltration by Bangladeshi Muslims that 
is being used in aggressive political rhetoric.

On April 14, this year the Bengali new year was 
ushered in with the reopening of a train link 
between India and Bangladesh after a gap of 
nearly four decades. As the Maitreyi (Friendship) 
Express chugged out of the Kolkata railway 
station in Chitpur bound for the Dhaka 
Cantonment, there were those who argued that it 
would strengthen bilateral relations between the 
two neighbours.  The biweekly train that has the 
capacity to carry over 350 passengers and takes 
about 12 hours (including the time taken at the 
border), parallels the Samjhauta Express that 
runs between Lahore and Delhi.1 The train link 
between Dhaka and Kolkata is not the first train 
between the two regions. Prior to 1965 there were 
three trains - the East Bengal Mail, East Bengal 
Express, and the Barishal Express that serviced 
the two halves of the region.  These were stopped 
following the 1965 war. Freight services were 
resumed in 1972 but were later discontinued. A 
bus service between Kolkata and Dhaka began in 
1999 and there are daily flights between New 
Delhi and Kolkata and Dhaka and Chittagong. But 
it was the opening of this train link that had 
many waxing nostalgic about a time when the two 
Bengals were not separated by manmade borders2. A 
refugee from East Pakistan, Janatosh Pal spoke of 
how he was six when he left for India but that 
Kalindi, the village he was born in Bangladesh, 
"remained my motherland".3 Such sentiment though 
was not echoed by all. A group calling itself the 
Nikhil Banga Nagarik Sangha (All Bengal Citizens' 
Committee) opposed the opening up of a train link 
with a country they accuse of persecuting Hindus.

Deep Insecurities

What then does this new train symbolise?  Does it 
mark a metaphorical coming together of people 
separated by borders they did not create, or is 
the reality far more complicated? A closer look 
at the negotiations and controversies 
demonstrates that bilateral relations between 
Bangladesh and India will take more than just a 
train link to heal. Given the sensitive nature of 
discourse regarding any movement of human beings 
across this fractured border, it is unlikely that 
the train will heal deeper prejudices and 
insecurities.

When negotiations about the train first opened 
there was friction between the two countries when 
Bangladesh refused to accept India's proposal for 
a 800-metre fence from the border on either side. 
India wanted a box like fence from the border 
crossing point to Gede in the Nadia district. 
Bangladesh objected to both the construction of 
the fence as well as the terming of any such 
"fortification" as a "fence".4 India's demand for 
a fence was a reflection of the fear that the 
train could be used by illegal infiltrators 
including terrorists.5 The entire discourse about 
illegal infiltration from Bangladesh has several 
con- notations. On the one hand, the Bharatiya 
Janata Party (BJP) has protested in the past that 
vast numbers of Bangladeshis are "flooding" the 
Indian mainland particularly along the eastern 
border and changing India's demographic structure.

In April 1992 the BJP national executive passed a 
resolution blaming the Congress
Party for not taking action against illegal 
infiltration. There was a call for a rally in 
Calcutta in April 1993 and the BJP issued a 
direct threat that they were willing to target 
and expel Bangladeshi workers. This rhetoric 
became particularly strident and violent in 
Mumbai with the Shiv Sena picking on a 
non-Marathi, non-Hindu "other", in this case 
Muslim Bengalis whom they accused of being 
"infiltrators" from Bangladesh. In April 1995 
they threatened a large-scale deportation of such 
illegals and carried out another attempt to do so 
in April 1998 which provoked international 
tension between Bangladesh and India.6

'Infiltrators' and 'Refugees'

This is not to say that there has not been 
illegal migration from across the border, 
particularly of a labour force that does not 
accept the sanctity of the international 
boundary. India has in the past repeatedly 
expressed concern about the presence of illegal 
immigrants and the porous border between the two 
countries. However what is striking about this 
political discourse is that only Muslims who 
cross the border illegally are "infiltrators" and 
deserve to be sent back, whereas Hindus, who 
cross the border, more often than not, illegally, 
are "refugees" who deserve the sympathy and 
protection of the Indian nation. Such a belief 
mirrors the two- nation theory that saw east and 
west Pakistan as a homeland for the Muslims, and 
assumes that India then would be a similar 
homeland for Hindus.

Indian law does not recognise "refugees" as a 
distinct legal category. All who cross a border 
into India are either citizens and thereby have a 
valid right to do so, or "aliens" who fall under 
the 1946 Foreigner's Act. Any non-citizen who 
enters the country without a visa is technically 
an "illegal infiltrator".8 But in both popular 
and political discourse the term "infiltrator" 
has come to signify Muslims from Bangladesh who 
cross the border into Bengal and Assam, usually 
in search of employment. This then has two 
implications. First, it assumes, that all Hindus 
across the world (and particularly those from 
Bangladesh) deserve refuge in India as legal 
residents whether or not they cross the border 
legally. Second, it marks out the Muslim who 
crosses illegally both as an illegal migrant and 
as a Muslim infiltrator - he is marked both by 
his legal and communal status. It implies that 
the influx of Muslims infiltrates and infects the 
body politic that would otherwise be "pure" and 
free of such contamination.

The fear that the Maitreyi Express would become a 
conduit for terror and illegal workers meant that 
there had to be extensive checks at the border 
areas leading to significant delays. Almost five 
of the 12  hours of the journey is spent by 
passengers at the border waiting for immigration 
checks to be completed.

These delays are perhaps a result of bureaucratic 
incompetence but they also reflect a certain 
official and popular unease about a border that 
can be seen as     a "central space where the 
relationships between state and citizenship, 
between nation and territory, were and are being 
constantly tested and negotiated".9 
Post-Partition the eastern frontier was not a 
closed defined space.

The government of India in 1947, as in   2008, 
remained uneasy about the people who were 
crossing this frontier. Jawaharlal Nehru and the 
Congress high   command did not think that 
conditions in east Bengal were particularly grave 
and that the flight of the Hindu refugees was a 
product of baseless and imaginary fears, which 
meant that the human flow could be halted, 
perhaps even   reversed.10 The Nehru-Liaqat Pact 
of April 8, 1950 provided for the return of 
migrants on both sides to their original 
homelands.11

The first part of the pact was concerned with 
ensuring equal citizenship rights for minorities 
in both countries while the second part attempted 
to ensure that such migrants had freedom of 
movement along with protection in transit and if 
they decided to return to their homes by December 
31, 1950, they would be entitled to the 
restoration of their immovable property, house or 
land.12 Those refugees who came from East 
Pakistan/Bengal between October 1946 and March 
1958 were termed "old migrants" (a total of 41.17 
lakhs) and were eligible for aid but those 
crossing the border between April 1958 and 
December 1963 were not eligible for assistance. 
In 1952 a passport system was introduced and the 
fear that the border would be permanently closed 
pushed up migration. In 1956 the Indian 
authorities tried to install a barrier of permits 
and migration certificates and finally they tried 
to deter people by not recognising them as 
refugees and refusing them rehabilitation.13 
Following riots in 1964, refugees who crossed the 
border between January 1964 and March 1971 were 
termed "new migrants" (a total of 11.14 lakhs) 
and relief was to be given only to those who 
agreed to settle outside West Bengal. The 6.1 
lakhs in West Bengal were not eligible for relief 
and rehabilitation benefits.14 The 
bureaucratisation of the border area and the 
classification of refugees however masked the 
reality that the border was an interstitial space 
that many navigated by evading officialdom 
without needing passports and visas.

Much has been written about how the treatment of 
refugees on the eastern frontier was markedly 
different from those in the east - how refugees 
in the east were not seen as "true refugees", as 
opposed to the "deserving poor", the hardworking 
Punjabis, and how the state functioned as a 
benevolent despot deciding what was best for the 
refugee.15 Haimanti Roy has argued that these 
refugees were forced to claim and proclaim their 
victimhood before they could claim their 
nationality.16 What this particular line of 
argument demonstrates is that in the 
post-Partition period, the concern about the 
movement of people was not a communal question 
since the bulk of the refugees were Hindu.  By 
the time of the refugee crisis of 1971 though, 
the public and official tone had changed 
somewhat. The government of India keen to 
emphasise that those who crossed in 1971 were not 
going to be considered for rehabilitation, that 
they were "foreigners" and would be treated as 
such.17 A series of semantic strategies in naming 
and labelling the refugees ensured that this was 
emphasised. However, in popular discourse as the 
number of refugees multiplied, there were 
increasing concerns about the communal nature of 
the problem. The concern was no longer about the 
relief and rehabilitation that had not been 
provided for East Bengali refugees but about the 
changing communal configurations.

Letters to the Amrita Bazar Patrika in late April 
and early May 1971, less than a month after 
refugee crisis had assumed serious proportions, 
reflected this concern. S A Basu from Nagpur 
wrote to express his displeasure at the growing 
numbers of Muslim refugees predicting that, "The 
hope that these refugees will return to their own 
homes as soon as normalcy is restored to East 
Bengal is rather a faint hope".18 A month later 
an anonymous letter to the editor pointed out 
that Hindus in East Bengal had been  attacked by 
those Muslims who had subsequently become 
refugees. "India is now thoughtlessly allowing 
those very people to come to West Bengal in their 
millions...Surely India is overdoing charity and 
imperilling (sic) the interests of her own 
people." Suggesting that there   was an insidious 
plan to plant Muslim teachers in West Bengal 
schools in order to subvert and Islamicise the 
education system, the anonymous reader predicted 
that the "Muslim escapees" would soon turn West 
Bengal into a Muslim majority area.19

In official discourse while the communal 
composition of the refugees was never publicised, 
it is believed that Hindus made up a bulk of the 
refugees.20 The government was sensitive to any 
attempts to publicise and potentially exploit the 
communal composition of the refugees. The journal 
Mother India was prevented from publishing an 
editorial on the subject of Muslim refugees 
titled 'Refugees or Trojan Horses' that would 
have suggested that Muslim refugees had been sent 
to deliberately destabilise the country. The 
government of India declared that this would be 
"prejudicial to the maintenance of communal 
harmony and were likely to affect public order" 
and prohibited the publication of the editorial 
under Section 6 of the Criminal and Election Laws 
(Amendment) Act of 1969.21

Communalisation of the Border

As a result of this fluid border the fear of the 
"infiltrator" has now become an almost accepted 
part of the political discourse about relations 
between India and Bangladesh. This unease is a 
product of actual illegal infiltration, 
aggressive political rhetoric and what can be 
described as the "communalisation" of the border. 
On the day the train set off, a group of 
protestors representing the Nikhil Banga Nagarik 
Sangha disrupted its passage at Aranghata in the 
Nadia district. The police blamed the group for 
planting seven crude bombs on the tracks that 
were defused a day before the inauguration of the 
train. The bombs were found at Bikramtola near 
Dhantola by local residents who then informed the 
police. The bombs were not powerful enough to 
cause any significant damage and were seen as a 
political statement by the group (which denied 
any association with the bombs).22 The leader of 
the group, Subhas Chakrabarti, described the 
train as a "cruel joke" and asked "Why should 
democratic and secular India seek to develop such 
intimate links with Islamic Bangladesh, where 
Hindus continue to suffer huge torture, 
intimidation and dishonour".23 The group then has 
two distinct demands - first that Bangladeshi 
Hindus who have been tortured be rehabilitated 
properly in India. Next, that India take 
responsibility for the plight of Hindus in 
Bangladesh and ensure that it forms a key part of 
bilateral relations. Such demands demonstrate how 
the refugee/infiltration/ migrant issue remains a 
thorn in the side of both countries. On the one 
hand, groups such as the Sangha locate them- 
selves specifically within the Indian nation 
state and demand rehabilitation from it, and yet, 
they claim rehabilitation and assistance for 
those, who in the eyes of the state ought to be 
seen as "foreigners". Just as the discourse about 
the Muslim migrant becoming a terrorist 
infiltrator while taking away scarce jobs from 
Indians was a concern voiced by the Sangha, 
similarly the Hindu migrant was   seen as a 
legitimate refugee worthy of the protection of 
the Indian state. Thus, in such a discourse, the 
Hindu is twice disadvantaged - first, he is being 
"swamped" by illegal Muslims from across the 
border, and second, he is denied the rights that 
he deserves both as a refugee, and as a victim of 
oppression by the Indian state.

It is patently illogical to suggest that illegal 
migrants attempting to sneak across a national 
boundary would use a train that stops for nearly 
four hours to check for visas. The less than 
stellar record of the train since its inception 
however suggests that this fear, however un 
founded, will not come to fruition.  There have 
been very few takers for the Friendship Express 
and passengers have cited the difficulty in 
booking tickets, the long wait at the border and 
lack of publicity about the train as contributing 
factors. Despite the yearning for the past of 
those like Janatosh Pal who would like to return 
to a homeland they left behind nearly six decades 
ago, such nostalgia about the movement of people 
across the two halves of Bengal is only one part 
of the story about the Maitreyi Express. In fact, 
the rumblings about the ill-treatment of refugees 
and fears about infiltration indicate that it 
will take more than a train to mollify the unease 
about the flow of humanity that has and continues 
to cross the Bengal border. As long as there 
remain disgruntled Hindu refugees in West Bengal 
and masses in the east seeking a better life 
across the border there will be more than a few 
hiccups along the way for the train of friendship.


Notes
1	'Kolkata-Dhaka Moitree Express Flagged 
Off', The Times of India, April 14, 2008.
2	'The Train Next Door', The Telegraph, April 17, 2008.
3	Subir Bhaumik, 'Dhaka-Calcutta Train Link 
Resumes', BBC News, April 14, 2008.
4	Nishit Dholabhai, 'Friendship Express 
Runs into a Fence', The Telegraph, November 2, 
2007.
5	'Train to Bangladesh Caught in Row over 
Wire- Mesh', The Deccan Herald, October 3, 2007.
6	Michael Gillan, 'Refugees or Infiltrators? The
Bharatiya Janata Party and 'Illegal' Migration 
from Bangladesh', Asian Studies Review, 26/1 
(March 2002).
7	Government of India, Ministry of External 
Affairs, 'India Bangladesh Political and Economic 
Relations' (April 2008).
8	B S Chimni, 'Status of Refugees in India: 
Strategic Ambiguity', in Ranabir Sammadar (ed), 
Refugees and the State: Practices of Asylum and 
Care in India - 1947-2000, Sage, New Delhi, 2003.
9	Haimanti Roy, 'Citizenship and National 
Identity in Post-Partition Bengal, 1947-65', 
University
of    Cincinnati, Ohio, 2006, unpublished PhD
dissertation, 17.
10	Joya Chatterji, 'Rights or Charity? 
Government and Refugees: The Debate over Relief 
and Reha- bilitation in West Bengal, 1947-1950' 
in Suvir Kaul
(ed), Partition of Memory, Permanent Black,
New   Delhi, 2001, pp 74-110.
11	Committee of Review of Rehabilitation 
Work in West Bengal, Ministry of Labour and 
Rehabilitation, Department of Rehabilitation, 
'Report on Conferment of Right and Title to Land 
on Dis- placed Persons from Erstwhile East 
Pakistan in West Bengal and Remission of Type 
Loans, 12th Report', 1973.
12	Jhuma Sanyal, Making of a New Space, Ratna Prakashan, Kolkata, 2003.
13	Nilanjana Chatterjee, 'Midnight's 
Unwanted Children: East Bengali Refugees and the 
Politics
of Rehabilitation', Brown University, 1992,
un published PhD dissertation, p 35.
14	Ministry of Supply and Rehabilitation, 
Govern- ment of India, 'Report of the Working 
Group on the Residual Problem of Rehabilitation 
in West Bengal' (March 1976).
15	Joya Chatterji, op cit.
16	Haimanti Roy, op cit
17	The exact instructions for the 
registration of refu- gees read like this: 
"Refugees from East Bengal should be got 
registered under the Foreinger's Act, 1946 
according to the instructions of the Ministry of 
Home Affairs to all State Governments and they 
are required to obtain residence permit for stay 
at the place where registered for a period of 
three months. After registration if any refugee 
desires to leave the present place of residence 
unauthorisedly he should be handed over to the 
police for violation of the provision of the 
Foreigner's Act". Government of India, Minsitry 
of Labour and Rehabilitation, Branch Secretariat, 
'Administrative Instructions for Transit Releif 
Camps for Refugees from East Bengal' (1971) 12.
18	The Amrita Bazar Patrika, April 29, 1971.
19	The Amrita Bazar Patrika, May 21, 1971.
20 United Nations High Commision for Refugees, 
The State of the World's Refugees, UNHCR, 2000, 
66.
21	Rajya Sabha Debates, Vol LXXVIII, No 4, July 22, 1971, 93.
22	'Bag of Bombs near Maitreyee Tracks', The Telegraph, April 14, 2008.
23	Subir Bhaumik, 'Excitement Mounts over 
Train Link', BBC News, April 9, 2008.

_______


[4]

The News International
May 28, 2008

HAS THE BOMB HELPED US?

by M B Naqvi

Today is the tenth anniversary of Pakistan's test 
explosion of nuclear weapons in Chagai ordered by 
then prime minister Mian Nawaz Sharif. The tests 
were in response to India's actions of May 11 
when it tested five nuclear devices.

Let's get one thing clear. All test explosions 
are basically military threats to the enemy: On 
May 11 and 13, 1998, India was threatening to 
nuke Pakistan if it did not stop its proxy war in 
Indian-held Kashmir. Pakistan's reply was, We too 
will nuke you; come on. Both India and Pakistan 
paid a price in sanctions that in fact hurt 
Pakistan more than they did India.

A second truth about the Bomb is that it 
unavoidably causes its intended enemy to reply in 
kind and a competitive build up of atomic 
weaponry ensues. Western bomb-making was aimed at 
communist powers. Nobody could mistake that 
communists' nukes were aimed at Western targets. 
Israeli nukes are meant to annihilate Arab states 
or Iran. India's enemy remains ambiguous: it 
could be China or Pakistan. This mystery is 
intended. But irrespective of what L K Advani, 
the BJP's prime minister-in-waiting, may say, 
circumstantial evidence suggested that the BJP 
decision in 1998 was Pakistan-centred.

Anyhow, Pakistanis should make honest 
cost-benefit analysis of the Bomb. Why Pakistan 
decided to have atomic weapons should not be 
difficult to understand. Zulfikar Ali Bhutto 
meant what he said when he said that "we will eat 
grass" but have the Bomb. What he said has 
happened because the people of this country are 
close to doing just that. It is time to ascertain 
the costs and benefits that it has given to 
Pakistan's security. Pakistan achieved the 
ability to enrich uranium in 1984. By 1986 it was 
able to threaten India with a possible nuclear 
response if Operation Brass Tacks grew into an 
invasion. Next came the Kargil adventure in 
which, the Americans inform us, Pakistan readied 
its missiles with nuclear warheads and asked 
India not to go too far. However, Nawaz Sharif 
managed to extricate Pakistani troops from those 
heights with American help. Far from being an 
achievement, it was a political and military 
defeat despite Pakistan's nuclear arsenal.

The Agra talks are irrelevant here, but 2002 is 
not. That year the Vajpayee government threatened 
an all-out invasion and sent the Indian army on 
the borders in ready-to-attack mode. Again 
Pakistan threatened some 13 times in the first 
few months that it would launch nuclear weapons 
if India's troops crossed the international 
border - and India refrained from doing that. But 
overall judgement on the matter should be based 
on several factors: effective American mediation 
and that Delhi's purpose was to coerce Pakistan 
into giving up its proxy war in Kashmir. Finally, 
the Indians got what they wanted: a firm promise 
from Pakistan that the mujahideen would not be 
allowed to cross over into Indian-controlled 
Kashmir, with probable American guarantees.

This is not a glorious record in terms of 
national security; Pakistan has been 
unsuccessfully seeking concessions out of India 
since 2004 in negotiations. The fact of the 
matter is that the Bomb has helped neither in war 
nor in peace time.

In all the above cases the Indians knew that 
Pakistan had the Bomb. Also, India's generals 
must have known that there is no defence against 
nuclear weapons and if Pakistan had launched its 
arsenal the losses would have been unacceptable. 
How could they then dare to blatantly threaten 
Pakistan in 2002? And the answer to that is that 
they were obviously not overly afraid of the 
Pakistani Bomb. Perhaps, by 2002, if not 1999, 
the Indians reasoned that the maximum Pakistan 
can do is to take out a few Indian cities? Let 
it. But India, with a second-strike capability, 
could retaliate decisively. Pakistan comprises 
seven or eight urban-industrial centres and India 
must have felt that it could wipe out all of 
them. Hence, can any Pakistani government or 
general really take the risk of launching nuclear 
weapons against India, knowing that in 
consequence most of Pakistan could be destroyed? 
Thus, Pakistan's Bomb has amounted to what one 
could call a bluff.

And with this the much-hyped deterrent value of 
nuclear weapons has been dealt a mortal blow. The 
only plus point was in 1986 when Pakistan 
threatened India with a nuclear strike and the 
Indians retreated. But that has not prevented 
India from credibly threatening Pakistan with a 
conventional invasion, in full confidence of 
gaining a victory and knowing that Pakistan, when 
the chips are down, would not nuke India. Thus, 
India's conventional superiority again becomes 
relevant. In that sense, our costly nuclear 
arsenal is more or less irrelevant for our 
national security, if not completely a minus 
point.

Politically, Pakistan has paid a huge price. Far 
from being an important or respected country, it 
is now seen as an American satellite. The kind of 
micro-managing that the Americans are doing in 
Pakistan politics is an abject lesson. Besides, 
minor EU countries continue advising it what to 
do and what to avoid in forming a government 
after an election. How much lower can it sink? As 
for economics, look at the state of our economy 
today. How does having nuclear weapons help us in 
any way - with a massive current account deficit 
and rampant inflation? Those who think that the 
cost of the arms race with India does not play a 
key role in all of this are sadly mistaken. Since 
resources are limited, those that are diverted to 
the upkeep of the nuclear arsenal and the defence 
budget means that less are available for 
socio-economic development.

It is time that Islamabad rids itself of its 
nuclear arsenal - in the responsible that for 
instance South Africa has done. Even the size of 
the conventional army is too big for a country 
like Pakistan. Leveraged by help from the US 
(which allows the latter to achieve its own 
geo-political aims), the army continues to 
threaten democracy because of its repeated 
interventions.


The writer is a veteran journalist and freelance columnist.

______


[5]

rediff.com

THE SAGA OF STATE IMPUNITY

by K G Kannabiran

May 28, 2008
Less than a year after the Chhattisgarh 
government arrested Binayak Sen, the general 
secretary of the People's Union for Civil 
Liberties, PUCL, another PUCL member, Ajay T G, 
has been arrested on charges of being a Maoist 
sympathiser.

The real question underlying these arrests is not 
of guilt or innocence, but rather, how far can 
the State go in harassing human rights activists 
who challenge it. So many civil liberties 
activists, colleagues of mine, have been killed 
by the state and their deaths left unaccounted 
for that I am beginning to despair.

Binayak Sen: A people's doctor

Dr Binayak Sen is a doctor focused on providing 
medical and health access to the poor. He 
graduated first in his class from CMC, Vellore, 
and has been practicing in Chhattisgarh for 
around 25 years.

Binayak, along with other activists of that area, 
established a workers hospital at Dalli-Rajhara. 
He did not know that as a people's doctor, his 
work could be sedition, could be conspiracy to 
wage war against a lawfully established 
government.

He extended medical health facilities to the 
impoverished men, women and children living in 
Chhattisgarh, which the government of 
Chattisgarh, despite its Constitutional mandate, 
was unable or unwilling to do. If Binayak Sen's 
attempt to fulfill the demands of the 
Constitution of India is an offence under the 
law, then, of course, he does not have any 
defence!

One of the 'crimes' charged against Binayak is 
that he visited Narayan Sanyal, a 70-year-old 
undertrial prisoner and an alleged Maoist in 
Raipur Central Jail a number of times and acted 
as his courier. The truth is that Binayak met him 
to assess his health condition and his desire to 
get legal aid, as is Sanyal's right under law.

Binayak applied for permission every time he 
visited Sanyal and there was never any demur by 
either the authorities or the intelligence 
service at any point of time. Now Binayak's 
efforts to try and provide an undertrial with 
medical and legal aid, efforts made in full 
compliance with the demands of the authorities, 
are a crime!

It seems that the law in this country is now 
employed more as a trap, than as an instrument of 
discipline; as a method of inculcating the habit 
of unquestioning obedience to those in power.

Ajay T G: The incarceration of another PUCL activist

On May 4, 2008, the Chhattisgarh government 
arrested another PUCL activist, Ajay T G, on 
similarly spurious charges. Ajay has worked with 
Professor Jonathan Parry, a world renowned social 
anthropologist at the London [Images] School of 
Economics, and also with Professor Murli 
Natarajan, who teaches anthropology at William 
Paterson University in New Jersey.

In September 2005, Ajay started an organisation, 
Drksakshi, aiming to provide a dignified 
educational environment for young girls from 
extremely impoverished families who live in an 
urban slum in Bhilai. By providing the nutritious 
meals and regular health check-ups, Ajay and his 
small team at Drksakshi have given some dignity 
and positive vision to all the children.

For this work, Ajay now stands accused by the 
state of being a Maoist sympathiser!

The Maoist movement: A political solution or a law and order issue?

In the absence of Constitutional governance, the 
formal structures listed in the Constitution of 
India have no impact on the struggle for 
equality, or on the quest for justice in all its 
facets, and do not provide any possibility of 
social transformation leading to the improvement 
of the living conditions of 80 per cent of the 
population.

Under these conditions, movements of varied sorts 
arise. The Maoist movement in Chhattisgarh aiming 
to overthrow the exploitative order is one of 
them. The state treats this as a law and order 
problem, and entrusts it to the police and its 
intelligence wing, granting them enormous 
impunity, and total immunity for all violent 
deeds.

If political movements are dealt with as criminal 
acts, without reference to law and legality, what 
meaning does our democracy have?

As a general secretary of PUCL, Binayak Sen 
opposed the destruction of households and 
displacement of tribal habitats in the name of 
Salwa Judum or police combing operations in the 
guise of searching for Maoists. Defenders of 
human rights do not have to support the politics 
of the targeted, and such defenders often do not, 
but they certainly must oppose the use of violent 
methods and of the kind of impunity that has been 
sanctioned to the state law enforcement agencies.

No honest person can doubt that Binayak Sen has 
been accused of terrorist activity precisely 
because the state did not like his condemnations 
of the human rights violations by the state.

State impunity: When the State turns lawless

As the last 40 years have shown, radical 
movements cannot be treated exclusively as a 'law 
and order' problem by the government. Political 
solutions must be found. When the government 
resorts to violence, it results in a variety of 
human rights violations, forcing human rights 
organisations to step in.

It was during such a process of contending with 
human rights violations by the state machinery 
that Dr Binayak Sen, like many other human rights 
activists who preceded him, risked his life and 
liberty -- not for any personal gain but to 
preserve the constitutional value system of 
India's democracy.

The question is if the State identifies civil 
liberties activities as extremist activity, how 
would one enforce human rights? India has signed 
the International Covenant on Civil and Political 
Rights and the 1998 Declaration of the Rights of 
Human Rights Defenders, but how is one to enforce 
them? Human rights and criminal justice are 
intertwined -- how does one effectively bring 
about integration between the two?

It is in the process of crime detection and 
intelligence gathering, investigation and 
apprehension of the accused that human rights 
violations takes place. The accused may be held 
in illegal custody for long periods, subjected to 
torture, coerced to confess to planted recoveries 
-- none of which is permitted by the Constitution.

These are the areas in which the human rights 
activists operate, but the law enforcement 
agencies see them as impediments to be put out of 
the way. With a view to silence criticism and 
produce results (it is the 'productivity ethic' 
that governs) the police very often end up 
framing persons on suspicion.

When the government employs the police to control 
political dissent, it trains the police force 
into a political force. When Hindu communalism 
came to the fore in Delhi, Mumbai and Gujarat, 
the ideologically trained police force bared its 
anti-minority claws and fangs.

In Chhattisgarh, we are witnessing its 
vindictiveness against left extremist politics as 
well.

The methods used by the government are in fact 
enlarging the constituency of the sympathisers of 
the Maoist movements. If the government wants to 
contain this movement, it will have to retrace 
its steps to sanity and make human rights a 
non-negotiable component of governance.

According to the Constitution, the government is 
obligated to ensure that justice -- social, 
economic, and political -- shall inform all 
institutions of governance, political justice 
being most important. That is what has been 
absent in Chhattisgarh throughout, as evident in 
the needless arrests and detentions of T G Ajay 
and Binayak Sen. The law enforcement agencies of 
India need to learn to distinguish between human 
rights activity and extremist activity.

K G Kannabiran is an eminent human rights lawyer 
and the National President of People's Union for 
Civil Liberties, an organisation founded by 
Jayaprakash Narayan.

______


[6]

Statement and Charter of demands adopted at the 
seminar 'Scapegoats and Holy Cows' - The Indian 
State's 'Response' to Terrorism, at IIC new 
Delhi, May 29, 2008

organised by PEACE, HRLN and ANHAD


Each  time there is a bomb blast like the recent 
one in Jaipur,  the Indian State reaches out its 
'long arms of injustice' to pick a scapegoat from 
amidst the Indian population to cover up its own 
incompetence in providing security to its 
citizens.

The hapless creature, decorated and demonized by 
the 'fashion designers' of Indian officialdom, is 
then paraded before the entire nation to create a 
public spectacle prior to its ritual sacrifice.

The armchair warriors then call for 'tougher 
laws' to deal with terrorism while the scapegoat 
disappears forever into the black hole of the 
Indian prison system.

That the 'prime suspects' in such cases always 
happen to be bearded young Muslim men and Islamic 
theologists to boot is not a surprise at all. In 
the racist imagination of theadministration, 
police , intelligence agencies ,  security 
forces, sections of the media and politicians all 
the criminals in this country wear their 
'criminality' on their faces- the suspects are 
always MAD- Muslim, Adivasi, Dalit.

The latest example of such scapegoating comes 
from Jaipur where within hours of the heinous 
bomb blasts that killed innocent people the state 
police has started harassing, arresting and 
deporting Bangladeshi and Bengali speaking 
Muslims in the city.

What we have witnessed in the last decade is that 
after each blast or surprise violent act, arrests 
are made, organisations named but the police and 
investigative agencies have not been able to 
prove their claims in any of the cases. But the 
people arrested continue to languish in jails or 
suffer other kinds of victimisation. It is very 
disturbing as it shows that the agencies 
responsible for the security of the people are 
incapable and to cover their inefficiency, they 
keep abducting people from the minority community 
which are produced at their chosen time. The real 
culprits remain at bay and the threat remains 
undiminished.

However, The Indian state's treatment of 
scapegoats is in stark contrast to the 'holy 
cows' it protects, irrespective of their 
trespasses or crimes against the people of the 
country.

Whether it be the Hashimpura massacre of 1987, 
the  Babri Masjid demolition and the Mumbai 
massacre of 1992, the Gujarat genocide of 2002 or 
the Nanded bomb blasts of 2002, the real culprits 
are either never apprehended and even if they are 
- never punished. Despite the open involvement of 
the leaders of the BJP and Shiv Sena ,  RSS, VHP 
and other Sangh outfits in a systematic  and 
consistent hate campaign, organised communal 
massacres and in  stockpiling and  manufacture of 
arms they are never declared terrorist 
organisations and banned. Open armed parade by 
the RSS , Trishul dikshas Dikshas are tolerated 
and allowed. They are the  holy cows who are 
never touched.

It is time to end the division of the Indian 
people into scapegoats or holy cows and ensure 
equal justice to all irrespective of caste, 
class, community or religion. And to achieve this 
we the citizens of India have to pledge to fight 
atrocities of the Indian State and its holy cows 
wherever they occur, from the smallest to the 
highest levels in the country.

This convention on 'Scapegoats and Holy Cows- The 
State's 'Response to Terrorism' therefore 
condemns:

- The way innocent people, especially Muslims, 
across India are being harassed, picked up, 
arrested and tortured in the name of fighting 
terrorism;

- The existence of draconian 'anti-terrorist' 
laws like the Unlawful Activities Prevention Act, 
ASPA,1958 and calls for more new ones that will 
suspend basic Constitutional rights as this will 
only worsen the problem of  terrorism and never 
solve it.

-    The victimization of the entire Muslim 
community in the country without a proper 
investigation of the role of specific individuals 
who may come from any community in the country;

-    The failure of the Indian Home Ministry and 
national security agencies in providing proper 
intelligence on terrorist activities and 
protecting the lives of innocent civilians;

- Attempts to prevent lawyers from providing 
legal assistance to those arrested on 'suspicion' 
of being involved in the 'terrorist' act;

We further demand the Indian government:

-    Repeal all repressive laws that have 
replaced POTA at both the national and state 
level or are already part of the Indian Penal 
Code as also the Armed Forces Special Powers Act 
and the Disturbed Areas Act;

- Stop promoting civil war through the 
unconstitutional arming civilians to fight 
'terrorists' as in the case of Salwa Judum in 
Chattisgarh and also in the Indian northeast and 
Kashmir;

-    Closely investigate the involvement of the 
RSS, VHP and other Sangh outfits in terrorist 
bomb blasts and attacks as also their vast 
network of individuals and institutions 
propagating anti-Constitutional values;

-    Present a White Paper to the Indian public 
on the follow up and results of investigations 
into various terrorist attacks that have happened 
in the country over the last twenty years;

- Present a White Paper on the numbers of 
Muslims, Adivasis and Dalits imprisoned in the 
country and the status of the cases against them;

-Stop harassing human rights activists and 
release with due compensation to all innocent 
people arrested and tortured in the name of 
countering terrorism;

-    Make the Indian intelligence service 
accountable for its grand failures in either 
warning the public or catching the real 
masterminds behind terrorist attacks despite all 
the huge sums of taxpayer money spent on them;

- End the culture of fake encounters that has 
taken hold within the Indian security forces 
seeking material rewards for their anti-terrorism 
operations;

- Evolve a humane national policy towards foreign 
migrant labour coming into India from 
neighbouring countries particularly migrant 
Muslims, if necessary by promoting a visa-free 
regime for South Asia;

- End the rampant corruption of border security 
forces that has criminalised the entire migration 
process and aggravated the problems of both 
migrants and host populations;

We on our part as citizens of India pledge to;

-     Fight the demonisation of Muslims and other 
communities in the country by the Indian state as 
also sectarian, communal political forces in the 
country;

-     Set up an independent Commission comprising 
retired judges, eminent intellectuals, retired 
police officials, and journalists to probe into 
atrocities and discrimination against Muslim as 
part of anti-terrorism operations;


______


[7]


From: Womens United Nations Report Network
Sent: 15 May 2008 21:54
Subject: Gender Imbalance of UN Human Rights 
Council Panel on Intercultural Dialogue - NGO 
Intervention


Human Rights Council 7th Session- 18 March 2008
PANEL ON INTERCULTURAL DIALOGUE

JOINT NGO INTERVENTION ON GENDER IMBALANCE OF UN
HUMAN RIGHTS COUNCIL PANEL ON INTERCULTURAL DIALOGUE

Delivered by Conchita Poncini - International Federation of University Women

Joint Statement in the interactive dialogue on 
behalf of International Federation of University 
Women, Zonta International, International 
Federation of Business and Professional Women, 
Femmes Africa Solidarité, Interfaith 
International, Women's International Federation 
for World Peace, International Council of Women, 
Women's International Zionist Organization:

In any country, whether developed or developing, 
women and girl children have been the target of 
cultural stereotypes and harmful practices. The 
CEDAW Convention has 22 reservations on culture 
and religion.  We strongly feel that the all-male 
panel of experts today although incontestably 
competent in discussing intercultural dialogue on 
human rights, should have been gender balanced in 
order to ensure a more realistic assessment of 
factors paramount to such a dialogue.  May we 
remind this august body of its resolution 5/1 to 
have a gender perspective and a gender balance in 
its programme of work and institutional 
mechanisms.

Culture and religion are closely interlinked and 
have been the two main factors used in human 
rights discourses and practices to subordinate 
women's reproductive and caring roles and 
excluding women from decision and policy-making 
in all spheres.  Furthermore, gatekeepers of 
cultural and religious institutions being 
fundamentally male-dominated, it is necessary to 
invite women from the grassroots and experts 
level to give their views and present models of 
best practices on intercultural, ethnic and 
inter-religious dialogue among civilizations 
notably in conflicts situations, as called for in 
Security Council Resolution 1325.A good example 
of this model is the case of the Mano River women 
who succeeded in bringing together African male 
leaders under one roof to reach peace agreements.

Finally, as reported by the first Special 
Rapporteur on Violence Against Women, Ms Rhadika 
Coomaraswamy, cultural relativism has been the 
most pervasive factor in perpetuating violence 
against women. Through building alliances and 
global campaigns, women organizations have 
advanced inter-cultural dialogue. We ask the 
panelists if any of them have analysed 
intercultural dialogue systematically with a 
gender lens?

______


[8]

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

2.5..2008


Press Statement
WITHDRAW FIR AGAINST JOURNALISTS IN AHMEDABAD


The registration of a criminal case by the 
Gujarat police against Times of India journalists 
at Ahmedabad is a highly condemnable and 
deplorable act. It is aimed at throttling freedom 
of expression of the media, which needs to be 
strongly opposed by all democratic minded people 
in the country.

The approach of Gujarat police has not been 
impartial at all, which was apparent from its 
role in the 2002 riots resulting in the murders 
of more than one thousand innocent citizens in 
the state. It has faced severe indictments from 
the Supreme Court and National Human Rights 
Commission.

The latest unexplainable act of booking 
journalists in a case of sedition, criminal 
conspiracy and common intent proves that there is 
no room for any differing views in that state. 
The journalists booked in the case had merely 
written about the Police Commissioner of 
Ahmedabad, on the basis of their investigation.

The FIR on such flimsy grounds exposes the 
hypocrisy of the Sanghparivar leadership and the 
administration run by it on the vital issue of 
defence of freedom of expression. We demand that 
the FIR against the journalists should be 
immediately withdrawn.


Rajen
For
SAHMAT

______


[9]

Hindustan Times
June 01, 2008

THE SECOND MURDER

by Vir Sanghvi

May 31, 2008

Sometimes, a single event can tell us more about 
the times we live in than an entire library full 
of sociological treatises. The Aarushi murder 
case is one such event. The responses to the case 
reveal the flaws in the institutions that we 
depend on: the police, the government, the media 
and the great Indian middle class itself.

But, first, let's clear up one thing: I'm not a 
detective and neither are you. One of the 
problems with the way in which we have approached 
this case is that we've all spent too long trying 
to solve the mystery of who the killer was. 
That's a legitimate goal, but not one that we, in 
our living rooms or our OB vans, are qualified to 
pursue. Perhaps her father killed her; perhaps he 
didn't. I don't know. And nor do you.

Many of us forget that there are two separate 
issues at stake here. The murder mystery is only 
the first. The more important one is our response 
to the murder. How have we treated the reputation 
of a slain 14-year-old girl? What does the manner 
in which the police have behaved tell us about 
law and order in India? Should we have any faith 
in our political system? And is it time to 
regulate the media?

The Police: The Noida police appear to have the 
investigative abilities of the Keystone Cops and 
the sensitivity of the Gestapo. At almost every 
stage, the case has been bungled. There's been 
the failure to properly search the house and, 
therefore, the inability to discover the corpse 
of their chief suspect. There's the fiasco of the 
remand of the father with no evidence, no 
confession, no motive and no murder weapon.

More worrying is the way in which the police have 
deliberately set out to destroy the reputation of 
a murdered teenager. The IGP in charge of the 
case has called Aarushi "characterless". Her 
emails have been leaked to the media. So have her 
texts to her friends, violating not just her 
privacy but that of her schoolmates.

Most worrying of all is the IGP's obsession with 
sex. Every possible motive leads back to sex. 
First, there was the extraordinary statement that 
Rajesh Talwar found his daughter in an 
'objectionable' position with Hemraj, the 
servant. As Aarushi and Hemraj are dead, and 
Rajesh Talwar denies the story, how could the IGP 
possibly have known about the incident? Then, 
there's the suggestion that Rajesh Talwar was 
having an affair with a colleague and that his 
daughter objected; off the record, the police 
have painted the parents as orgy-goers and wife 
swappers. And now, the cops are claiming that the 
father was motivated by anger at Aarushi's 
relations with various boyfriends.

This is not a sex crime. So why are the Noida 
police going on and on about sex, ruining the 
reputations of the dead and the living without a 
shred of evidence?

My guess is that they are not just incompetent, 
they are also sex-starved. Perhaps the IGP needs 
professional help.

The Government: The media act as though the Noida 
police report to nobody. Some channels have even 
confused the IGP with his boss, the DGP of Uttar 
Pradesh. In fact, there is a chain of command. 
The DGP reports to a home secretary who reports 
to both a chief secretary and the home minister.

What is bizarre is that nobody in this chain of 
command has reprimanded the IGP or taken the 
investigation away from him. Instead, chief 
minister Mayawati has turned it into a political 
issue.

Imagine now that a joint commissioner of the 
Delhi or Bombay police had referred to a murdered 
child as "characterless". The media uproar would 
have been enough to seal his fate. Why doesn't 
the same happen in UP? In fact, why does this 
never happen in UP? Even during the Nithari 
killings, the Noida police got off scot-free, and 
Mulayam Singh's brother dismissed the serial 
murders as being of little consequence.

I would argue that it's the difference between 
national parties and regional parties. A BJP, CPM 
or Congress chief minister would have felt 
obliged to act, both because of an innate sense 
of right and wrong, and because of public 
pressure. But neither Mayawati nor Mulayam have 
any sense of right and wrong. As for the media 
uproar, they don't give a damn: it doesn't touch 
their vote-banks.

Now that regional parties threaten to take power 
at the Centre as part of a Third Front, it's 
worth pondering the difference.

The Middle Class: As an educated Indian, I share 
the general outrage at the shredding of 
reputations, the sloppy investigation, the 
manhandling of a suspect against whom there is no 
solid evidence, and the denial of the presumption 
of innocence.

But let's consider another scenario. Suppose 
Hemraj had lived. The police were certain to have 
arrested him. Would anybody in the middle class 
have given a damn about how he was treated in 
custody? We, who are so angered by the 
manhandling of Rajesh Talwar, would have been 
unaffected by the third-degree methods that would 
almost certainly have been used on Hemraj. He 
would have been beaten up and tortured into 
signing a confession. He would have no right to 
privacy, no presumption of innocence and none of 
us would even have noticed.

I have always been suspicious of the manner in 
which every crime committed in a middle class 
home is blamed on the servant. Whether it's a 
robbery or a murder, the cops never bother to 
draw up a list of suspects. They always arrest 
the servant and declare, a few days later, that 
he has confessed.

This has less to do with detective work and more 
with callous laziness. The motto of all Indian 
police forces is: we will hang the suspect and 
then find the evidence. It's far easier to blame 
the servant than to launch an investigation. 
Rarely is any genuine evidence ever found. 
Instead the case rests on confessions and bogus 
'recoveries of stolen objects'.

Do we in the middle class mind? No, not at all. 
None of the outrage that has been expressed in 
this case ever extends to servants, to the poor 
and to anyone who is non-middle class.

The Media: Has there been any case where the 
media have behaved so badly? TV channels have 
carried MMSes purporting to show Aarushi's loose 
ways. Even if these were genuine, there were 
privacy issues involved. But they were fakes. The 
channels carried them without verification. And 
now, they don't even bother to apologise.

The coverage of the Aarushi murder has been 
marked by lurid sensationalism. Anchors have 
appeared on the screen with their hands dipped in 
red paint. Fraudulent 're-enactments', based on a 
dubious sense of what really happened, have been 
telecast. Even the English channels, which pride 
themselves on being more sensitive than their 
Hindi counterparts, have telecast the contents of 
private SMSes, sometimes, having them read out in 
theatrical re-enactments.

In their pursuit of ratings, television channels 
have acted as though no liberal value 
(presumption of innocence, privacy etc) matters 
and no journalistic rule (verification, 
attribution etc) is valid.

In their own way, the media have been as bad as - 
if not worse than - the Noida police. Journalists 
are too self-obsessed to sense the revulsion with 
which educated Indians have responded to media 
coverage of this case. Broadcasters sometimes 
believe that they can do anything they like as 
long as they get ratings, because there's nobody 
to stop them.

But I think somebody will stop them. For the last 
five years, the government has been trying to 
regulate the media. All of us have fought this 
effort, arguing that self-regulation is the 
answer.

After all, we have asked our readers and viewers: 
who would you trust more - a civil servant or a 
journalist?

Ask that question today, and I suspect that we, 
in the media, would not like the answer. If the 
civil servant is an educated person, determined 
to impose liberal values and standards of 
accuracy, and the journalist is some 
sensation-hungry moron, metaphorically dancing on 
the grave of a murdered child, speculating 
breathlessly about her love life, and vulgarly 
suggesting that her parents were sex maniacs - 
well, then, my guess is that most educated 
Indians would pick the civil servant over the 
journalist.

The vagaries of Indian politics will ensure that 
the Noida police get away with murdering Aarushi 
all over again. But the media may not be so 
lucky. Any demand for regulation will now have 
widespread public support.

And can you really blame the public for feeling this way?

______


[10] Announcements:

INDIA-PAKISTAN
Themes Beyond Borders
Selections from Nikhil Chakravartty's Writings
Introduction by K.R. Narayanan

Available at all major bookshops	Price Rs 400
Publishers:
KONARK PUBLISHERS PVT. LTD.
A-149, Main Vikas Marg, Delhi-110092
E-mail: kppl23 at eth.net/konarkpublishers at hotmail.com



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