When the majority in the motherland flexes muscle over a song


Wednesday, May 15, 2013, 9:30 IST | Agency: DNA

The sight of an MP slowly walking out of Parliament while the entire House stood in respect for Vande Mataram, will be difficult to forget. Yet, the BSP’s Shafiqur Rahman Barq was simply exercising his rights. The fundamental duties added to the constitution during the emergency, ask us to respect only the national flag and anthem. At any rate, they are not legally enforceable. Our supreme court had held way back in 1986 that conscientious objectors were free not to sing the national anthem, while not showing disrespect to it.

Many people believe that Jana Gana Mana was written in praise of King George V, even though Rabindranath Tagore rejected that allegation convincingly. Earlier, when it used to be played at the end of a movie, such people would walk out, joining many others who felt it a waste of time to stay back for the national anthem.

The debate over Vande Mataram is more complicated. Originally, Bankim Chandra Chattopadhyay’s composition comprised only the 14 lines which are today the text of the national song. In 1881, he expanded it into a hymn to goddess Durga, and made it part of his anti-Muslim novel Anand Math.

Till the 1930s, everyone, Hindu or Muslim, sang it with fervour.  In fact, the Vande Mataram flag also had the Islamic crescent and star on it. But as objections to it grew from Muslims within the Congress and outside, Congress heavyweights Nehru, Azad, Bose and Acharya Narendra Dev, decided in 1937 that the original two stanzas were not only unobjectionable, but had developed an identity of their own in the freedom movement.

However, singing them would not be mandatory at Congress sessions.

In the choice for national anthem, Jana Gana Mana won, but with its inspirational history, Vande Mataram became the national song. I have heard freedom fighters sing its first few lines right till their old age, remembering the slogan they shouted as they held up the tricolour in defiance and courted arrest.

The real problem with Vande Mataram is its co-option first by the Hindu Mahasabha, then by the RSS and its allies, none of whom had played any role in the freedom struggle. The slogan ‘Is desh mein rahna hoga to Vande Mataram kahna hoga’ is still used to browbeat Muslims. It took a judge of the stature of Justice BN Srikrishna to declare in court, during the hearings of his inquiry into the 92-93 Mumbai riots, that laying down conditions of residence on any citizen, let alone a community, by another group was not just communal but also fascist.

But much before 92-93, Mumbaikars were losing lives over Vande Mataram. In 1973, the Muslim League objected to the Shiv Sena’s decision to make its singing compulsory in Municipal Corporation meetings. Sena-League riots followed in which five persons died.

But a few months later, the “patriotic’’ Sena thought nothing of taking the help of “traitors” to get its candidate elected as Mayor. Bal Thackeray and GM Banatwala, head of the League, led Sudhir Joshi’s victory procession together.

Vande Mataram has a deep historical link with Mumbai. The first time it was sung from a political platform was in 1896 by Rabindranath Tagore in the Congress’ Kolkata session.

The president of the session was Mumbai lawyer Rahimatullah Sayani.

Muslim intellectuals of this city, such as Rafiq Zakaria and Sajid Rashid (both deceased), Asghar Ali Engineer and Syed Feroze Ashraf,  have often stated that there’s nothing wrong in singing Vande Mataram — out of choice. Forcing them to do so — or not to — won’t do.

The author is a Mumbai-based freelance journalist.

 

#India – The Court of Last Resort #Justicekatju


 

By- Justice Markandey Katju , April 1, 2013

It has been felt for quite some time that injustice is being done to a large number of people who have been languishing in jail either as under trials whose cases have not been heard for several years, or who have unjustly remained incarcerated, either because:

  1. The police have fabricated evidence against them, or
  2. For want of proper legal assistance, or
  3. Who have had to spend many years in jail and ultimately found innocent by the court.

 

 

Many of such persons in jail belong to minorities who have been accused only on suspicion and on pre-conceived notions that all persons of that community are terrorists. Whenever a bomb blast or such other terrorist event occurs, the police often is unable to trace out the real culprit, and yet it has to show that it has solved the crime. Consequently very often the police rushes to implicate and charge a large number of youths of that minority community on mere suspicion, whose bail application is very often rejected and consequently they have to spend several years in jail. In such matters either the police often fabricates evidence against them to justify their acts and secure conviction, or the cases result in acquittal of innocent accused persons after they have spent several years in jail. A classic case is of that of a young boy Aamir who was 17 years of age when arrested, and who spent 14 years in jail after which he was found innocent.

 

In the 6th April 2013 issue of Tehelka there is an excellent article by Shoma Chaudhry entitled , ‘The Fight for Muslims is fundamental for the survival of Democracy’. In this article she has stated that over the past few years TEHELKA journalists have documented hundreds of stories of innocent Muslims languishing in jail after being brutally tortured on flimsy or false charges. Each case hides hair raising stories about prejudice, incompetence and deliberate malafide, and also mentions stories of pain, destroyed lives and hollowed futures.

 

Shoma writes that innocent Muslims have been jailed with impunity in India over the past decade because it was easy to jail them. Within hours of any terror attack, a bunch of Muslim boys would be arrested, and their names aired in the media as ‘Masterminds’. Their guilt was assumed, it did not need to be proved.

 

Since 2001 a terrible maxim had seeped into the Indian mainstream: All Muslims may not be terrorist, but all terrorists are Muslims. It did not matter if you caught the wrong ones. Everyone only wanted the illusion of security and “action taken”. Those who raised hard questions were scorned as ‘anti-national’.

 

In my interview with Karan Thapar on ‘Devil’s Advocate’ I said that within hours of a terrorist attack in India many media channels start showing that an email or SMS has been received from ‘Indian Mujahideen’ or ‘Jaish-e-Muhammad’ or ‘Harkat-ul-Jihad’, or some other organization having a Muslim name, claiming responsibility. Now an email or SMS can be sent by any mischievous person. But by showing this on TV screens, and the next day in print, subtle message is sent that all Muslims are terrorists, and thus the entire community is demonized.

 

All this is triggering new cycles of hate and revenge. Despair turns citizens into perpetrators, from the hunted to the hunter. Young men who have spent long years in jail cannot find jobs or houses to rent even when acquitted, their families are ostracized, and sisters find themselves unmarriageable because their brothers have been branded as terrorists.

 

Unless this cycle of hate is now reversed we are heading for terrible times, for injustice breeds hatred and violence

 

Criminal investigation is a science, but unfortunately in our country the police usually is not trained in scientific investigation nor does it have the equipment for the same. If we read the stories of Sherlock Holmes, we see how Holmes investigates a crime by promptly going on the spot and studying the finger prints, blood stains, soil, ashes, handwriting etc. before coming to a scientific conclusion. In recent times it has been shown on Discovery Channel etc. how the American police investigates a crime. The police reach the spot and collects the traces of the material there including blood stains, fingerprints, ashes, fibres, etc. The finger prints are fed into a computer which is connected to a national computer network, which can often lead to the discovery of the criminal. The blood stains etc. are taken to a laboratory where they are tested for DNA etc. Even a few microscopic fibres can lead to the discovery of the culprit by testing them in a laboratory and thus finding out his identity.

 

All this is usually absent in our police set up and yet the police has to show that it has solved the crime, otherwise the investigating officer fears suspension for incompetence. Consequently  he either implicates people on suspicion or resorts to the time honoured method of torture or third degree methods to obtain a confession.

 

All this is leading to injustice on a large scale. We are not blaming the courts for this because they are handicapped due to the enormous burden of litigation for which cases linger on for years and years. Also, unfortunately nowadays the real eye witnesses are afraid to give evidence out of fear of threats or harassment, and hence the police often fabricates evidence.

 

The result of all this is that in our country gross injustice is often done, particularly to minorities, and the time has now come when this great wrong must be set right. Our country is a country of great diversity and therefore no community must be made to feel that it is being selectively victimised.

 

This being the situation it has been decided by a group of people headed by Justice Markandey Katju, former Judge, Supreme Court of India, and the eminent lawyer Mr. Majeed Menon, the film producer and social activist Mr. Mahesh Bhatt, Mr. Asif Azmi and other like-minded people to setup an organisation called ‘The Court of Last Resort’.

 

The concept of this idea has come from an organisation founded way back in 1948 by the eminent American criminal lawyer Erle Stanley Gardner, who later wrote the Perry Mason novels. In his book ‘The Court of Last Resort’, Erle Stanley Gardner mentions about the organisation which he set up consisting  mainly of lawyers, who took up cases of persons whom they thought were wrongly accused or unjustly convicted. The organisation which we are starting in India will bear the same name ‘The Court of Last Resort’ and have its headquarters in New Delhi, with Justice Katju as its patron and will have state units in all states of India. Such state units will be authorised to appoint district units.

 

‘The Court of Last Resort’ will have the following objects:

 

    1. To ask the concerned authorities in various states about details of prisoners languishing in jails, particularly those who have been in jail for long periods, including both under trials and convicts. The R.T.I. Act can be used in this connection.

 

    1. To examine the cases of persons, whether of our own accord, or on the representation of someone, and find out whether there has been injustice in their case, either by the delay in holding the trial, or by a wrong conviction, and do the needful in this connection, including applying for bail.

 

    1. To apply for pardon, respite, suspension or reduction of sentence  to the President or Governor as the case may be.

 

 

    1. To create awareness in the public about this gross injustice which is being done to a large number of people.

 

    1. To educate the police about this state of affairs and change its mentality.

 

 

    1. To approach the other concerned authorities with the aim of rectifying this injustice to a large section of people.

 

    1. To do such other acts as may be necessary for this purpose.

 

 

The organisation appeals to the like-minded people among the public, particularly to lawyers, retired judges, academicians, students, social activists, professionals, media persons , etc. to help and get associated with this enterprise.

The formal inauguration of this body will be done through a press conference in the near future.

It is made clear that this is being done for no personal benefit to any of us but purely because of our sincere desire that justice should be done to everybody, and no section of society is made to feel that it is being discriminated against.

 

 

Ahmedabad -‘Tales of Tears’- a play on riots #Theatre


Angela shah, March 4, 2013

Saturday night I went to see a play called “Tales of Tears,” staged by a local group called “Apna Adda.” The story is about a man who is on trial for raping Muslim women during the 2002 riots in Ahmedabad. His daughter, a lawyer, is convinced it’s a case of mistaken identity and much of the play is set in the courtroom as she cross-examines state witnesses, Muslim victims, who attest crimes they say her father has committed.

tale

I won’t tell you how it ends. If you are in Ahmedabad and they have another performance, you should definitely see it. The cast performed Saturday to a packed house. Tickets were oversold. When the lights came up at the end, several people were sniffling and/or had tears in their eyes.

After the show, we had a Q-and-A with the cast, a remarkably candid discussion on the riots and why we should or should not still be discussing them. It very much felt like a reconciliation panel; the comments were sometimes raw and emotional but honest. One man got up to ask what good does essentially picking open a healed wound do? His opinion was the minority and I appreciated his willingness to, one, show up to the performance and, two, to step up and start a conversation that might be perceived as hostile by a majority of those assembled.

His comments prompted several responses along the lines of “Those who cannot remember the past are doomed to repeat it” – an opinion I largely agree with. Also, it seems to me that the city and its residents must come to terms with what happened in some way. Indian justice will move slowly. Perhaps very few of the victims will see their tormenters pay for their actions. But how can a city merely brush aside – whether it be in the name of progress or “moving on” or what – the idea that their neighbors, friends, even family members are capable of such terrible violence? Many of the perpetrators were not say, hardened criminals or conventional psychopaths. Yet there was something psychopathic about what these people were able to do to fellow human beings.

In the decade since, Ahmedabad has moved on by increasingly compartmentalizing itself along religious lines. Muslims live in Muslim areas and Hindus in their own for the most part. I tagged along with my cousins to see some new apartment buildings constructed to meet the high demand for middle-class housing in the city. The new neighborhoods were being constructed along communal lines; Urdu and Arabic names on the buildings meant for Muslims; Hindi or Gujarati names for those meant for Hindus. It’s not the fault of the developer. They are only providing their customers the product that they want to buy. But I found it disheartening to see.

So it was interesting to hear from the actors in this play. Most of them are in their early 20s and prior to joining the cast their memories of the riots in 2002 consisted of “5 days holiday from school and no ice cream” being available with shops closed. One of the student actresses said that just before taking on the role in which she plays a Muslim riot victim, she  decided against taking one rickshaw home one night “just because the driver was Muslim.” That was her perspective of Muslims: other is not to be trusted.

Her participation in the play, she said, helped her realize the prejudices she didn’t even know she harbored.

Among the audience, a British-Indian woman, who said she had moved back to Ahmedabad with her family a year ago, said she was shocked at the fixation of people on caste and the general derision of “other.” She said her neighbors had strongly discouraged her from hiring a maid who happened to be Muslim and that her children were constantly being asked – even by schoolmates – what their caste was. In Britain, she said, questions on castes are not raised. “They don’t even know,” she said.

(I was introduced to Apna Adda by Zahir Janmohamed, an Indian-American by way of Africa, who happened to be in Ahmedabad during the riots. He’s now living and writing part of the year in Ahmedabad, working on his book on his experiences then and the conversations he’s having with Hindus and Muslims about that event today. I read one of his columns in The Times of India and he was kind enough to respond to my Twitter message. Follow his work!)

connect with angela shah http://journeytogujarat.wordpress.com/ and twitter @angelashah

 

#India – ‘What we are seeing is the Modi-isation of Congress’


Book: AZADI’S DAUGHTER : JOURNEY OF A LIBERAL MUSLIM

Author: Seema Mustafa

Publisher: ImprintOne

Pages: 199

Price: Rs.395

Year: 2012

Eminent journalist Seema Mustafa speaks about her new book and the Rightwing-communal shift in Indian politics

Sadiq Naqvi and Souzeina Mushtaq  Delhi

In your recent book, Azadi’s Daughter, you describe yourself as a liberal Muslim. What constitutes a liberal Muslim in today’s India?

I think it has changed a lot. Liberal is not a very good word but for want of another description, we have used it. There is some hesitancy about using the word. Some people say either you are a Muslim or you are not. The liberal acquires a meaning which means that probably you are not accepting religiosity in the conventional sense, you are not letting your worldviews be dictated by a certain belief, you are questioning the interpretation of that belief, you believe in rights of human beings, including rights of women. You take progressive positions rather than radical reactions. So, all sorts of coming together become liberal. 

Have perceptions changed?

Communalism, instead of becoming less in society, has grown. In my early years in journalism, I was never conscious that I had a Muslim name. As I moved further into journalism, I felt that my identity as a Muslim often became the first identity and journalism second, and that was very difficult to get used to. That change began after the demolition of the Babri Mosque when the communal forces of this country got a new impetus and the State’s will to fight them became weaker, and weaker, and weaker.

So you believe that the State has moved to a communal trajectory?

Yes. The Congress, under Gandhi and Nehru, had a left of centre progressive ideas. It moved towards the centre. Now, it is very distinctively right of centre.

Why did this happen?

The fact is that political parties and political capability have become so weak; the politician himself is being drawn from society which is ignorant, prejudiced, without a vision. The stature of the politician becomes smaller and smaller. The ability to counter communal violence requires a vision, a resolve, political will, which the politician of today doesn’t have.

Real consciousness in the Congress that there is something like consolidation of the Hindu vote became a reality in the 1984 elections after Indira Gandhi’s assassination when thousands of Sikhs were butchered. The RSS and Congress worked in tandem — the leadership was Congress, RSS provided the cadres. They worked across the country to consolidate Hindu votes.

In UP — I covered the first election after the Babri Masjid demolition — we found this consolidation taking place. The RSS decided that they are not going to vote for the BJP; they will work for the Congress and help consolidate them. The whole character of the Congress changed because it too started looking for the consolidation of the majority vote. Every position it takes, it looks for that consolidation. It has got worried that if it doesn’t the BJP will do it.

At the moment, what we are seeing is the Modi-isation of the Congress. The media is projecting Narendra Modi as larger than life; the Congress, because it is made of low-calibre politicians, feels that this might be the truth and perhaps that will happen.

Basically, they are not ready for a head-on confrontation with him.

Confrontation in politics does not have to be head-on. It has to be continuous, constant, in the form of a campaign. He should have been challenged at his own home ground. Before the Gujarat pogrom of 2002, before thousands of Muslims were killed, Modi was on the verge of losing the elections. It is such a tragedy that you kill 2/3,000 people and you become a big man, and then, on that bigness, you talk about development. The Congress should have challenged him there and then. It is unfortunate that Rahul Gandhi or Congress leaders, none of them were campaigning in Gujarat. If they really want Rahul to lead this country, then the campaign against communalism should have begun from the streets of Ahmedabad. This has not happened.

You have discussed in your book how Muslims are under-represented…

There is a huge bias. There was a time when this bias, if it would show itself, could have been challenged. The Sachar Committee report was a manifestation. It speaks volumes that the Congress government has not implemented its recommendations. This shows an institutional bias.

What is your opinion about the political positions of the CPI(M) and parliamentary Left parties?

 

Parliamentary Left parties have some problem with identity politics. They are finding it difficult to resolve that problem in their minds. That confusion is still visible in their reactions to larger issues. There is turmoil, a churning; my fear is that, despite that churning, they will again go back to their old position which is not going to answer the challenges we are facing. You cannot secularise everything to a point that you do not mention that most of the people who are being arrested today are Muslims. It is a religion that is under attack now — how do you deal with it? It is alright as long as it is caste, you can deal with it. Dalits are attacked, ostracised, persecuted. But the minute it moves into religion, there is a difficulty. And that difficulty has to be resolved because that is the truth. Indian Muslims, particularly boys, are being targetted in the name of terrorists in different states; that has to be faced head-on. This is the communal response of the State. We can’t brush it off. 

We have a State and society which is not tolerating any dissent. So how does one deal with this growing intolerance?

When this girl in Delhi was raped, everybody started talking about mindsets. They are talking of a mindset where you beat your girls, wives, discriminate against your women, where you have female foeticide, dowry deaths. My thinking is from a political perspective. There is nothing like the goodness of man. We all are good because there are laws and social norms governing us. The decline happens when the State becomes weak and the implementation of law becomes faulty — I mean gender laws, I am not talking of POTA, TADA, and so on.

Progressive laws…

Yes. The State has to crack down, there has to be better policing, it has to make sure that laws are implemented… So when you have a State which doesn’t act against communal forces or the perpetrators of communal crimes, when you have a State which looks the other way and makes a difference between Owaisi and Togadia, then, obviously, the basic communal instincts of man are going to come out as legitimate…

The media doesn’t listen to the secularist. Even when there is a debate, they bring one extremist from the Hindu community, another extremist from the Muslim community, sometimes they bring a secularist who they shut down, and then get these two voices speaking. So the secular liberal discourse is gradually being shifted out of society completely. This is dangerous. 

Do you think this is fuelling fundamentalists on this side? Are Muslims getting radicalised?

I don’t think Muslims are getting radicalised, but fundamentalists, yes. There is fundamentalism but I don’t think it has increased among Muslims. The Jamaat-e-Islami used to be a stronger force in the 1980s than it is today. I am not talking about Kashmir, but about the rest of India.  So I don’t know if Muslims have got more radicalised. You have the Owaisis but then the Owaisis always exist in society. Earlier, there was an aggression. Now, they are not aggressive. In the communal violence that got covered at that time, you had Jamaat and RSS working in tandem to consolidate their constituencies. Today you have Gujarat — without the Jamaat.

From the print issue of Hardnews :

MARCH 2013

 

Muslim Brotherhood opposes UN declaration on #VAW #WTFnews


Egyptian rulers reject idea of equality as undermining family values

 FX15JANSEN_1_WEB

Egyptian women on the streets in Port Said. Groups claim women have been attacked while on demonstrations in order to discourage them from taking part. Photograph: Ed Giles/Getty Images

Muslim Brotherhood has held up finalisation and promulgation of a UN document dealing with violence against women, claiming it violates Islamic law, principles and traditions and undermines family values.

The draft text, due to be issued by the UN Commission on the Status of Women today, calls for the “elimination and prevention of all forms of violence against women and girls”.

The Brotherhood contests provisions on sexual abuse, sexual rights, sexual health and the right of women to control their sexuality. Specifically, it opposes provisions calling for equal inheritance rights, equality within the family, raising the legal age for marriage and granting permission for Muslim women to marry non-Muslims.

The movement also objects to permitting Muslim women to travel, work and use contraception without the approval of male relatives. It argues the document is “deceitful” because it would give women the choice of abortion “under the guise of sexual and reproductive rights”.

Adoption of the document would “lead to social disintegration”, the Brotherhood claims. It said in a statement: “The Muslim Brotherhood calls on leaders of Islamic countries, their foreign ministers and representatives in the Un ited Nations to reject and condemn this document.”
Influence
Since it rules Egypt, the most populous Arab country, the Brotherhood wields considerable influence with Muslim governments. On the issue of women’s rights, it has also secured the backing of RussiaPoland and the Vatican.

On the issues of sexual freedom, abortion and homosexuality, conservative Muslims and Christians have made common cause for years.

Sexual harassment, rape and assaults against women have increased in Egypt since the fall of president Hosni Mubarak two years ago, prompting criticism of presidentMohamed Morsi and his government for failing to tackle the phenomenon.

Women’s groups contend attacks during demonstrations against Brotherhood policies are being carried out with the aim of ending women’s participation. At least 29 assaults by gangs of men were reported on January 25th, during a rally in Cairo marking the anniversary of the 2011 uprising.

World Bank report said that up to 70 per cent of women suffer violence in their lifetime, and that women aged 15-44 are “more at risk from domestic violence than from cancer, car accidents, war and malaria”.

The most common form of violence committed against women is physical abuse including beatings and rape by a partner.

 

read more- http://www.irishtimes.com/news/world/middle-east/muslim-brotherhood-opposes-un-declaration-on-violence-against-women-1.1326515

 

‘I was discriminated against because I am Muslim’ #humanrights


 

45

Express news service 

In 2008, a youth was arrested from my neighbourhood in Hubli for alleged links with the Student Islamic Movement of India. He was studying to be a doctor and had no history of indiscipline or run-ins with the law. His family was traumatised, and still is, for he continues to languish in jail. If that could happen to a young, educated Muslim like him, it could happen to me, too, I thought then. Five years later, that passing thought became an ugly reality.

On August 29, 2012, a posse of armed policemen barged into the one-bedroom flat I shared with four other boys in Bangalore. They pretended to be looking for my roommate Shoaib Ahmed Mirza, whom they accused of plotting to assassinate some right-wing Kannada columnists. Ironically, they had picked him up from the locality just a while earlier. In our flat, they slapped his brother, Aijaz Ahmed, abused the other three and suddenly handcuffed me too. I pleaded with them to tell me why they were taking me away. I asked one of the policemen, whom I had spoken to earlier when I was a crime reporter with Deccan Herald, what was going on. All I got was a sarcastic look. The brazen manner in which we were picked up was more like a kidnapping than an arrest. With my pleas unanswered, my mind slid into numbness. I went blank. I could not think. The story of that youth kept replaying in my head.

My first night in the cell was the longest night of my life. We kept pleading with the cops, including the junior-most constables, to not destroy our lives. During our 30 days in police custody, the cops abused us in every way they could. One policeman asked me, “So, you work for a Pakistani newspaper?” I don’t even want to get into the nasty things they said about my faith. I was surprised that unlike the others, I was not physically abused. Outside the prison, though, I was planted as the “mastermind”.

When we — the 15 of us arrested in the so-called assassination plot — were shifted to Bangalore Central Jail, for the first two months we were locked inside a separate barrack, which meant we were denied access to facilities available to other inmates, such as outstation phone calls, the gym and the library. Later, when we were shifted out from there, we could avail these amenities, but it exposed us to taunts from others. The prison authorities used to refer to us as the “bomb case people”, and other inmates seemed to believe them. They’d say in Kannada, “Enu ide iwaradu.” (They must have done something wrong.)

I did not mingle much with others. I spent time reading the Quran, that my sister and brother got for me during one of their visits, and taught English and Urdu to two of my co-accused. There were times when I ran out of hope, fearing that I may languish here forever. But then, my innocence reclaimed that hope, and I would feel confident that I would be out soon.

Six months later, on February 25, 2013, I was released. But even before I could get over the police hostilities I had endured, I was told about the the media onslaught during my time in jail. I had been dubbed the “mastermind” of the plot. Some of my former colleagues told me that a senior police officer, who was not even investigating the case, misled journalists that I had joined Deccan Herald with the sole purpose of blowing up the Metro station opposite my office. The media blindly, mindlessly, reproduced his words. Similarly, going by the police’s words, the media said “radical literature” was seized from my office computer. That computer had an Urdu poem about Republic Day, written by Sahir Ludhianvi, a Leftist ideologue, who was part of the Progressive Writer’s Association.

Honestly, after our arrest, I was prepared for such reportage. That I was called a “mastermind”, for example, did not surprise me. But some stories were painfully insensitive. A news channel “broke” the story about my father in Pakistan who “guided” me from there. My father died of a heart attack in 2006. I even have his death certificate. Can you imagine how it feels to deal with such bulls**t? Another news channel said I had Rs 50 crore in my bank. If I had so much money, I would certainly have owned a newspaper.

The way the police and the media reacted to my alleged involvement in the so-called plot has convinced me that there is an institutional bias against Muslims. When you put all the facts together — that I was picked up for simply sharing a room with a suspect, that an Urdu poem on my terminal was interpreted as a fanatical text, that so many other Muslim youths have languished in jails for terror-related cases only to be let off for want of evidence — how can you expect me to feel otherwise?

This is not a new feeling. When I was studying journalism in 2009, I had suggested “media coverage of terror suspects” as the subject of my thesis, which my teacher rejected. At that time, Muhammad Hanif, a doctor from Bangalore, was arrested in Australia on terror charges, which were later proved to be false. There were similar arrests for the Malegaon and Mecca Masjid blasts. The media reports sensationalised such arrests, and engaged in character assassination. It was as if they had taken it upon themselves to prove that the accused were guilty. When Hanif was exonerated, the Australian government issued a public apology to him — something the Indian government has not done for so many similar, wrongful arrests.

The media has reacted in the extreme to me — extremely cruel when I was arrested, and now, extraordinarily supportive after my release. I am inundated with phone calls from journalists, asking for my side of the story. Even though I am disillusioned by the media, I have not lost faith in it. That faith comes from some truly fair reporting, specially in the print media. I want to return to work as a journalist. My father, who used to run an Unani medical store, wanted me to become an Unani doctor, but I was good at languages and social science, and began working as a journalist in the Urdu newspaper Rashtriya Sahara in Dharwad in 2007, while doing a PG diploma in journalism. In 2009, I joined Deccan Herald, where I first covered crime, and then education. Journalism has always been close to my heart. But, I have become sceptical of reportage. I will always think twice before trusting a news story. I want to work on the desk and ensure the accuracy of a story.

I do hope to live a normal life. I am overwhelmed with visitors who have been pouring into my home, welcoming me back, and putting an end to my fear of being stigmatised for life. My ex-colleagues are also in touch with me. Throughout my life, I have never been discriminated as a Muslim. I have always believed that Muslims must stop feeling as if they are victims of the system, and must strive towards educating and empowering themselves. But my six months in jail as an educated, empowered Muslim, paints a contrasting picture — that I was discriminated against because I was Muslim. These are two extremities. And though one positive extreme gives me hope, as does my faith in the judiciary and democracy, the other extreme puts me in despair. I am trying to find a middle ground to this dilemma. I have truly experienced the uncertainty of life. I have reflected a lot on my own life, and if something good has come out of this ordeal, it is that I have emerged a better person. Now, I look at the larger picture of life, and can empathise with others’ sufferings.

As told to Irena Akbar

 

Spew venom and enjoy life: Who scripted Mr Varun Gandhi’s release?


MARCH 7, 2013

by , kafila.org

English: Mr. Feroze Varun Gandhi

“This is not a hand (Congress symbol), it is the power of the lotus (BJP symbol). It will cut the head of… Jai Shri Ram,” a PTI report quoted Varun Gandhi (29) as telling an election meeting in Pilibhit, his attack directed at the Muslims. At another meeting, the PTI report said, he said: “If anyone raises a finger towards Hindus or if someone thinks that Hindus are weak and leaderless, if someone thinks that these leaders lick our boots for votes, if anyone raises a finger towards Hindus, then I swear on Gita that I will cut that hand.”

(Varun Gandhi’s hate-Muslim speech makes his BJP squirm; Express News Service: Lucknow, Tue Mar 17 2009)

Mr Varun Gandhi, BJP M.P. was all smiles when he emerged from the courts which had acquitted him in the second hate speech case. Expressing confidence in the Indian Constitution and India’s Legal System he said ‘truth has prevailed’. Only a few days ago another court in UP had acquitted him of the first hate speech case. It may be added that when extracts of the speeches he had allegedly delivered during election campaign in 2009 had appeared in a section of the press, the then Mayawati government had promptly filed cases against him and ordered his arrest and had to spend some time behind bars before bail was ultimately granted to him then.

It is interesting to recall how BJP, had then reacted to his alleged hatespeeches. Officially it was stated then that the BJP party squirmed  when his controversial speeches had made headlines, with one of its spokesperson claiming that Varun’s outburst “did not reflect BJP’s traditional culture”. It it was a different matter that the then party president Mr Rajnath Singh had gone to visit him in jail supposedly to show solidarity.

Coming back to the case and looking at the legal proceedings, one finds that there are many gaps, which have allowed this acquittal to happen. In fact, the role of the Akhilesh Yadav led government in the whole case has also come under scanner. Few months back  newspapers carried out a report wherein it was mentioned that Akhilesh led government was contemplating withdrawal of cases against the young M.P.  As this report – which was never confirmed nor rejected – raised an uproar in the state, no formal withdrawal of cases was done. A fact which has been noted by activists is that once it was known that state government was not keen to follow the case witnesses started turning hostile..

Another point concerns the issue of voice sample.  The forensic report had stated that unless and until they get a voice sample they would not be able to confirm it whether the said speeches were made by Mr Varun or not. It is really surprising that despite repeated instructions by the honourable court Mr Gandhi had not agreed to submit his voice sample to the police which would have validated the prosecution’s charge against him. According to him his speeches had been edited by local channels to make it seem like he was promoting communal hatred. Interestingly the broadcasters were unable to furnish the original, unedited footage to the police. 51 witnesses produced by the prosecution did not indict him for delivering speeches to provoke communal hatred.The same witnesses were used for the second case. The courts also did not deem it necessary to call reporters of the TV channels as well as the print media, which had carried report about the controversial speeches.

A statement issued by ‘Rihai Manch’ – A forum for the release of innocent Muslims imprisoned in the name of Terrorism’ , Lucknow, (email-rihaimanchindia@gmail.com) has thrown light on the way the witnesses in the case turned hostile – en masse. According to them it cannot be called mere coincidence that  during hearings in the said cases held on 24 th November and 29 th November, total 18 witnesses turned hostile,  The press release further underlined that when Mr Gandhi refused to give voice samples to the public prosecutor, he neither apprised the courts of Mr Gandhi’s refusal nor deemed it necessary to  emphasise the point and ensure that it was done.According to them it rather vindicates the fact that the state government was keen to release Mr Varun Gandhi and not to punish him.

‘Rihai Manch’ also questioned the role of the judiciary in the whole case. It added when advocate Asad Hayat, associated with the Manch put forward a prayer before the CJM court in Pilibhit on 25 th February that since Mr Varun Gandhi’s said speeches had hurt his religious feelings therefore the channels who had shown his speeches be called as witnesses. The petition also requested to the honourable courts to ensure Mr Varun Gandhi’s voice sample be taken and if he does not comply then consider it adverse inference in his case and declare that it was his speech only. The court did not admit the petition and because of the insistence of public prosecutor rejected it on 27 th February.

Mr Asad Hayat then put a revision application in the highcourt and also petitioned the CJM’s court a second time that since an application is pending before the highcourt in connection with rejection of his case on 27 th February, it is requested that the CJM’s court does not decide on the matter till the highcourt gives its decision. Here also because of the resistance put forward by the public prosecutor, the CJM court rejected his application on 4 th March and finally gave its verdict on 5 th March.

One does not know what will happen next. With more than eleven communal riots in a period of less than a year, under a government which has received fullsome support from the minorities, Akhilesh Yadav led government has exhibited its ineptness in handling communal elements. If justice is to be done in the hatespeech case it is incumbent that the state government challenge this decision by moving a fresh application in the high courts. Looking at the fact that there is a world of difference between what the Samajwadi Party claims and does, the possibility seems really dim.

 

Twenty-two questions to the Police Commissioner of Hyderabad


Submitted by admin on 25 February 2013 – , twocircles.net

By Advocate Shafeeq Rehman Mahajir

Dear Mr Police Commissioner:

I am told by “the Press” that Indian Mujahideen and Lashkar e Tayyaba / Toiba with several score “sleeper cells” are responsible for bomb blasts at Hyderabad recently. The same press also reports that the Commissioner of Police says it is not yet known who is responsible. The media however, quoting allegedly unidentified yet allegedly reliable police sources, seems to know a great deal more than even the police.

For, scanning news reports I see that over a week, EVERY name of an alleged suspect is a Muslim name. Even names of alleged organisations allegedly linked with the blasts, are Muslim names. The implications, the undercurrent of political, administrative and executive as well as media bias is striking. Once again, the Muslims are the target. To interpret these horrifying signals, not much of a brain is needed. However, in the India of today where the language of political discourse has fallen to abysmal levels, four notable absentees are: brain, shame, truth and justice.

Let me ask you, sir, a few questions:

1. Despite the innumerable Muslim accused having been found by due process of law to be innocent of terror involvement, and despite the confessional statements of right-wing Hindutva group cadre members with those confessional statements supported by independent corroborative evidence, how is it that ONLY Muslims are stated in the press as being investigated, interrogated, searched for ?

2. How is it that despite the confessional statements of right-wing Hindutva group cadre members with those confessional statements supported by independent corroborative evidence, NO non-Muslim name features in ANY of these reports including those citing mysterious sources giving out Muslim names as suspects?

3. Has the police undertaken a questioning of those media rags (sorry, newspapers) and ruts (sorry, channels) which have been promoting this lopsided image of a Muslim community as responsible for such events, to ascertain which “sources” they got these credible bits of information from ?

4. Has the police undertaken a questioning of those mysterious sources to ascertain what information they have and to know whether they are somehow involved, or wish to create red herrings to misdirect investigation?

 

Shafeeq Mahajir is a Hyderabad based lawyer. 

5. Has the police undertaken a questioning of those who control or own these media rags (sorry, newspapers) and ruts (sorry, channels) which have been promoting this lopsided image of a Muslim community as responsible for such events, to ascertain whether they are carefully orchestrating a media blitz to ensure that the direction of investigation serves to deflect the focus from the right wing terror which stands established as a fact?

6. Has the police taken any steps to book cases against these media houses, press reporters and newspapers, for publishing material without reasonable basis, as causes dissensions within society and polarizes it, creating enmity between groups and sections of society along religious lines ?

7. Considering that a speech by an MLA has had charges of sedition and waging war against the State slapped against him, should the same charges not be framed against these media houses, press reporters and publishers and newspapers, for publishing such scandalizing material without reasonable basis, and thereby creating enmity between groups and sections of society along religious lines ? If they have had these bits of information planted by some “sources” should those sources not be identified and similarly prosecuted? Or are Muslim-baiters to be forever immune from prosecution?

8. Is this not indicative of interference with investigative processes and is it not actionable? Considering that, what action has the police taken as against these communalizing elements?

9. If any non-Muslim has even been questioned in these matters, why is it that the media is absolutely silent of that, or do “police sources” only reveal to the media the names of Muslim persons being investigated?

10. Is the police department not aware that the assertion that a named person is being investigated on such serious charges is by itself enough to cause massive trauma in his and his family’s life? Who is behind the publication and the media blitz to defame and demonize the Muslim community?

11. Why is the Police a silent spectator in the matter?

12. Why did the police not sanitize the areas after the events and instead permit VIP visitors with entourages, and were any measures taken to ensure that the entourage members did not interfere with the integrity of available evidence, or even perhaps plant “evidence” ?

13. If the police is yet to analyse the data from the camera that was making a CCTV record of the area/s in question, how is it that named suspects are being spoken of even before that exercise, and all of them happen to be ONLY Muslims ? Or is it a foregone conclusion that ONLY Muslims can be responsible and the police believe in advance that no one else need be suspected?

14. If in earlier blasts like the ones in Samjhauta Express, Ajmer, Malegaon, Hyderabad, etc., right wing groups are found on NIA investigation to be involved, how and why is it that none of those from those organisations or linked to those accused, are being investigated or their names shown as possibly involved ? Or, to repeat, is it a foregone conclusion that ONLY Muslims can be responsible and the police believes in advance that no one else need be suspected, and if so, considering this and 13 above, how credible is this investigation going to be?

15. The press also reports that the State Police is reluctant to hand over the investigation to the NIA. Why on earth is that? Is it that the State Police desires a certain outcome and the investigation by the NIA can come up with results that a certain section of Indian society holding certain non-inclusive, non-pluralistic, non-secular views would be upset by this?

16. Is the possibility being investigated that a police, paramilitary or military hand may be involved looking at the likely political situation that can unfold while heading towards the 2014 elections? If not, perhaps someone knows why not, considering that in the past there is at least one known army man accused of complicity in terror activities in collusion with some “religious” individuals wearing (and thereby defaming) a certain colour ?

17. Considering the press reports that use of certain chemicals points allegedly to an “IM imprint”, is the possibility being investigated that any group wanting to have an investigation go in a certain direction, would use such methods or means to direct blame towards a specific group?

18. Considering that there is no effort by the police department or other agencies to distance itself/themselves from what the media reports, do we citizens take it that the police also is investigating these matters only along the lines that ONLY Muslims and none other can be involved ?

19. Are the police officials who are investigating these matters screened to ensure they are not persons with anti-Muslim bias or a reluctance to see right-wing hands that evidence points towards? Is there ever any screening to weed out officials who have been found in the past to have targeted Muslims during such investigative exercise or foisted false cases against them?

20. Is it a scheme already in place, with the 2014 elections in mind, that UAPA will be invoked in the aftermath of these blasts?

21. Is it a likelihood, based on the past similar tragedies, that an unknown number of young Indians will be charged, arrested, imprisoned, tortured, police will extract “confessions” under extreme duress, they will be tried on those charges in the courts, accused will have attorneys who will hardly have the experience, resources and support to match the massive resources and influence over the process of the prosecution by government and its agencies and, though none of the accused will be convicted for the alleged crime they will be accused of, nevertheless their lives will be shattered forever ?

22. Considering that 1 out of 7 Indians is a Muslim, 1 out of 8 Muslims of the world live in India, and over 200 million Muslims of India belong to India, and India belongs to Muslims as much as to any other community in India, what do you believe the demand of proper policing is ?


Shafeeq Rehman Mahajir appeared before Justice Bhaskara Rao Commission inquiring into the police firing on unarmed Muslims in the wake of Mecca Masjid blast of 2007. Shafeeq Mahajir with painstaking research work was able to demonstrate the AP Police deliberately fired on civilians. Police claimed that they fired to stop the violent crowd from burning nearby petrol pump. Mahajir proved the police claim false and showed that police fired unprovoked and fired to kill.

 

How do we remember Gujarat 2002 #Narendramodi


  • http://infochangeindia.org/images/2013/gujarat.jpg

Oishik Sircar analyses the sophisticated spectacle of economic development that has insidiously annihilated memories of the Gujarat riots

 

A history-vanishing event

The spectre of Gujarat 2002 inhabits public consciousness in India in a way where memory and forgetting are not racing against each other, but are constantly on a collision path. Like magnets, when they reach the point of collision they repel each other. Their paths are located on a Mobius strip: so if you start with memory you encounter forgetting racing at you with a vengeance, and if you start with forgetting, the phantom of memory will always be lurking. The consequence is an uneasy co-existence where the primary concern is not whether Gujarat should be remembered or forgotten, but how do we remember whathappened in 2002. While forgetting here is not about denying what happened, memory is about selecting which story to tell. And every story claims to be ‘the truth’: in which forensic truth is competing against experiential truth is competing against neoliberal truth is competing against electoral truth is competing against artistic truth.

With the competing narratives of ‘truth’ that have been in circulation since the burning of the Sabarmati Express compartment S6 in Godhra on February 27, 2002 to the recent death of Maulana Hussain Umarji on January 13, 2013, there are stories after stories: official, legal, colloquial, fabricated, imagined, hopeful, utopic, devastating, disgusting. Umarji, who was instrumental in organising relief work after the 2002 violence, was falsely accused of being the “mastermind” in the train-burning incident, spent eight years in jail, fell seriously ill while in prison, and was released in 2011. With his death things haven’t come full circle. Events that have transpired between then and now have only proliferated spirals of impunity, the celebratory hand-in-hand march of Hindutva and neoliberalism, the spectacular rise and rise of the idea of Narendra Modi, the co-option of the Muslim vote-bank by the BJP, the sophisticated marketing and distribution of fear, the sanitisation of the public sphere in Gujarat, and the unending trials: legal and personal.

I was a young law student in Pune when news of the Godhra train-burning and the later events of a violent Hindu ‘revenge’ against Muslims started coming in. Most of the English language media was critical of the Modi government, but their characterisation of what was happening in Gujarat followed the standard cause and effect explanation: the Muslims burnt the Hindus in the train, so now the Hindus are taking their revenge on Muslims. The Newtonian physics of Narendra Modi’s immediate response was to say: “Every action has an equal and opposite reaction.” And Godhra was marked (almost for eternity) as the flashpoint. The art of mobilising public opinion through the marking of a singular event as history-vanishing was mastered by the US government when September 11 happened, and it has been used to justify all the military aggressions and invasions that the US has carried out in the name of self-defence and democracy since then. Godhra has been made to occupy our memories in an identical manner: it is the flash that blinds us to the history of how the pogrom was meticulously planned much before the train caught fire. It also blinds us to the historical roots of Hindutva in Gujarat that did not erupt only as a response to Godhra.

The ability to apply nuance, to see through the spectacle of this blinding flashpoint at my first experience of surrogate consumption of real-time communal violence, was pretty low. A mix of bewilderment, anger and numbness was what I felt. The only previous occasion in my lifetime when I had heard about ‘communal’ violence was a decade ago in 1992 when the Babri Masjid in Ayodhya was demolished by militant Hindu mobs followed by an anti-Muslim killing spree. At that time, as a school student, all I looked forward to in the distant city of Calcutta, was the curfews, because that would mean not having to go to school. During the long periods of curfew, I would enjoy cricket matches on TV without my mother constantly asking me to go study (because exams were indefinitely postponed), and playing cricket on the street with friends during the two-hour curfew breaks that were allowed once a week. The brutality of the violence was conveniently censored by my parents as well as by state television. While some of it did reach me, the lack of discussion about it at home didn’t make it so obvious. Some unrest was happening somewhere else in India, and the curfew was just a way to keep us safe, was the standard refrain. I didn’t complain.

Ten years later in 2002 when I was looking at the grotesque images of heaps of dead bodies, maimed and charred, and deserted streets and burnt houses, and desecrated mosques, on TV (privatised 24/7 news media was enjoying its fledgling liberated status covering the violence without regulation after several years of state control), the language that was put into circulation to characterise what was happening followed the cause/effect logic. Everyone was referring to the violence as the ‘post-Godhra riots’. Everything that was happening was being traced back to Godhra. We were surreptitiously being told that our memory-scales must have a limit: don’t look beyond Godhra; that should be the only source for your explanations; treat Godhra as exceptional, so that what has followed it, despite the unprecedented levels of brutality, becomes routine. It took some time to understand that the violence was far from a riot. It was a genocidal massacre, or more aptly a pogrom – as Parvis Ghassem-Fachandi notes in his book Pogrom in Gujarat: Hindu Nationalism and Anti-Muslim Violence in India – which is “an event driven by words and images [of anti-Muslim hatred and disgust], as much as by those [acts of pre-planned violence] that accompany it.”

When you type ‘Gujarat 2002’ into Google even today, the first link that comes up is the Wikipedia entry, and it starts with the following words: “The 2002 Gujarat violence was a series of incidents starting with the Godhra train burning and the subsequent communal violence between Hindus and Muslims…” A Google image search throws up photos, the first of which are images of the burning train compartment. The significantly detailed April 2002 Human Rights Watch report on the carnage titled “We Have No Orders To Save You”: State Participation and Complicity in Communal Violence in Gujarat opens with the sentence: “The ongoing violence in Gujarat was triggered by a Muslim mob’s torching of two train cars carrying Hindu activists on February 27, 2002.” In several critical and closely documented publications on the violence – academic, activist, journalistic – Godhra has been marked as what feminist philosopher Martha Nussbaum has called “the precipitating event”.The ‘post-Godhra riots’ adage continues to be a part of the conscious and unconscious vocabulary for most Indians, and despite the activism, civil society outcry, several detailed fact-finding reports, enquiry commissions, sustained and selective media coverage, some convictions, Godhra remains that flashpoint moment that blinds us to the long-term, organised and meticulously planned continuum of anti-Muslim hatred that resulted in the Gujarat pogrom. In fact, the construction of Godhra as the enraging flashpoint closed the space to grieve for those who lost their lives in the train fire.

The spectacle of neoliberalism

On one of the days in March 2002 while the violence continued unabated in Gujarat, The Times of Indiacarried a quotation by the Nobel Prize-winning economist Milton Friedman on its front-page: “The government’s solution to a problem is usually as bad as the problem.” I did not know who Friedman was (and didn’t have a way to find out since Wikipedia was just a year old and not yet very popular) nor the devastation that he and the ‘Chicago-boys’ had unleashed in South America, but at that time, looking at the reports of state complicity in the violence and the government’s inability to stop the killings, the quote seemed apt. For some reason this quote stuck with me, and years later I found out about Friedman and hislaissez-faire exploits in Chile and how his ideas inspired the US-supported military coup bringing the genocidal dictator Augusto Pinochet to power. As Naomi Klein has pointed out so powerfully in her brilliant book The Shock Doctrine: all the sham celebration by fundamentalist free-marketeers about Chile’s economic development was the history-vanishing tactic to make us forget about the pre-coup Chile where Salvador Allende – the democratically elected socialist president who was assassinated during the coup – had ushered in pro-people economic policies.

It is a cruel coincidence that an identical script has unfolded in Gujarat where the spectacle of free market economic development (or what can also be called ‘neoliberalism’ where the free market and the state become indistinguishable) has been manufactured to discipline our memories of 2002. This one regulates our memory-scales further: there is no history beyond Godhra, and all history is about Gujarat’s unparalleled economic progress. The ‘Vibrant Gujarat’ summit where India’s richest industrialists line up every year to offer heaps of praise for Narendra Modi’s neoliberal economic vision is a perversely planned attempt by the government to thwart efforts that try to keep alive the memories of genocide. Sample this quote by Anil Ambani: “Narendra Bhai has been described in different ways. My personal favourite comes from what his name literally means in Sanskrit – a conjunction of Nara and Indra. Nara means man and Indra means king or leader. Narendra bhai is the lord of men and a king among kings.” The deification of a man who had personally overseen the design of the pogrom, who has never expressed any remorse about the murder of thousands of Muslims as the accountable political authority in that state, and who has carried on spewing hate speech with impunity, says a lot about the intimacy between neoliberalism and genocide. And this new kind of sophisticated history-vanishing strategy is not about making us forget what happened in 2002. To put into effect the act of forgetting, there has to be some recognition of memory. But this is an insidious method that annihilates memory with such force that the need for forgetting doesn’t even arise. It creates a complete blank slate: a tabula rasa.

This is evident in the way I hear a majority of the people in India, especially the identity-disregarding Hindu upper class/caste youth and young professionals, celebrating Modi’s economic mantra. During his recent visit to Delhi University’s Sri Ram College of Commerce to deliver the Sri Ram Keynote Oration, while there were protests outside (by both the Modi detractors and followers, and the police violence targeting only the detractors) a group of 1,800 young people (and some old I’m sure) sat inside the SRCC basketball court-turned-auditorium listening with rapt attention to Modi holding forth on ‘Emerging business models in the global scenario’.

As a FaceBook status of a lawyer friend who attended the speech said: “Listening to Modi’s keynote address at the SRCC, New Delhi… inspiring!! A blend of sound ideas, strong oratory skills and good humour. This audience is captive and captivated ☺”. The last sentence that is followed by the smiley is disturbingly telling. The neoliberal spectacle of economic growth that Modi and his government have cerebrally injected into our consciousness operates as an anaesthetic, despite several comprehensive reports pointing to the contrary. And it has a drugging effect, where none of these counter findings work as effective antidote. In fact, whenever an attempt is made to call Modi’s bluff by citing contrarian statistics, we end up being sucked into a conversation (hardly one actually) on Modi’s terms. We are made captive: a state of un-freedom where our thoughts are controlled by someone else’s diktat; but we feel that we are captivated: that we are using our rational mind cheerfully and wholeheartedly to agree with what he has to say. Such are the emerging business models in the global scenario: where genocides lay the strongest foundations for economic miracles.

In a blog-post on the NDTV website published a day after the Modi speech, a 19-year-old student from SRCC wrote: “Today we stayed back in college for over four hours to listen to him, and he did not disappoint. We got to know through our parents that there were protests outside the college. I believe the protests were not needed as there is more to Mr Modi than the Gujarat riots of 2002. We can’t judge him for that alone. He needs to be heard and judged for the contribution he’s made to the state’s development.” Yes, Modi did not disappoint. He has not disappointed those who have democratically voted him to power term after term since 2002 (and this includes a certain section of Muslim voters in Gujarat as well). The reason clearly is what this student and so many others are smoothly disciplined to believe: his contribution to the state’s economic development is so laudable that we should not “judge him” for the 2002 pogrom.

This student goes as far as to uphold Modi’s freedom of speech: “he needs to be heard”, as if his speech has been censored by those who have persistently called his bluff. Yes he needs to be heard so that more and more people are captivated to become captive by the blinding effects that genocide and neoliberalism create when they come together. And they come together in the most innocuous fashion: through Modi’s calm, smiling face, and as was pointed out in my friend’s comment on FaceBook above, his good humour. He carries his development brief (of which the genocide was an intrinsic part) with wicked sincerity to the politics of cleansing and accumulation, drawing legitimacy not only from the Hindutva brigade, but also from the sham of a democratic process that has re-elected him four times in a row, and the collective support from the likes of the 1,800 students in SRCC, most of whom will end up holding high designations in some of the world’s and India’s largest corporations.

It is not surprising that I didn’t come across a single comment on FaceBook, blogs or other publications where at least one of those who attended the speech critically reflected on it. It seems like not only the physical space, but even the mind space of whose who attended his speech at SRCC was thoroughly cleansed and sanitised. And for anyone else who tried to reason otherwise, they were either accused of being Congress supporters or of not having the privilege of authenticity: you were not present, so you have no idea. The second accusation also plays out constantly against those who attempt to keep the memory of Gujarat 2002 alive from a distance: you have no right to speak, you’ve never been to Gujarat.

Banal, not exceptional

Commenting on the very relaxed demeanour of Adolf Otto Eichmann – the German Nazi who was one of the frontline organisers of the holocaust – right before his execution in Jerusalem in 1962, the Jewish philosopher Hannah Arendt referred to this very extreme normalisation of violence embodied in a person as the “banality of evil”. The phrase points to the fact that acts of tremendous brutality are not committed by demons, but by very regular people in what they consider are very regular actions in the course of their very regular duty. It is what the media analyst Edward S Herman has called “normalising the unthinkable”. The deep tragedy of the situation in India is that it’s not just Modi’s smile, but also our state of feeling captivated by his humour, and remaining captive in the narrative chronology where there’s Godhra and then there’s neoliberal economic development (and nothing exists in between) which has become the new banality of evil: a banality that we feed and keep alive every day: from Gujarat to Kandhamal to Khairlanji to Chhattisgarh to Manipur to Kashmir, going back to 1984 and Nellie. And that’s a truncated version of a very dirty laundry list that we cannot wash clean even with the most sophisticatedly manufactured neoliberal detergent.

For those of us who’ve remained committed to keeping the memories of Gujarat 2002 alive – through our teaching, writing, activism, films or just because we will not be fooled by the smokescreen of economic development – there is an urgent need to question our own representations of Modi as the monster mastermind. We must concede the fact that our construction of Modi as the demon has been powerfully countered by the image of Modi the deity worshipped by industrialists and a majority of Indians alike. We first turned Modi into an exceptional character, and that only aided his PR strategy to represent himself as an exceptional leader: who will beat anybody else hands down, be it in his seductive speeches attracting private investments, or his hate speeches that continue to spew anti-Muslim hatred. It is this exceptionalised construction of Modi that has taken attention away from the contingent, yet significant victories in the struggle for justice in Gujarat: the Naroda Patiya and Ode convictions. We need to treat Modi and his ilk as banal: a very troubling reflection of the way we have through our everyday and ordinary, and even secular practices, constructed and maintained India’s core as Hindu where a misogynist Ram and a predatory neoliberal market have become very comfortable bedfellows.

Predicaments of memorialisation

In our fight against forgetting Gujarat 2002, we must remain very cautious of the way we use exceptional icons – like the haunting photo of Qutubuddin Ansari begging for mercy from a Hindu mob or similar such phantasmagoric images of death and devastation – that make Gujarat 2002 stand out as an aberration in the collective imagination of this ostensibly secular republic, making that a reason for it to be forgotten. We need to be attentive to how in our overzealous attempts at remembering Gujarat, we arrogantly start to claim ownership of the private trauma of someone like Ansari who has time and again asked for his photo not to be used in reference to the pogrom.

Using “photographs of agony” – a phrase coined by John Berger – to make people remember a violent past might not always have the desired effect of shocking people out of their forgetting stupor, or lazy indifference. Sometimes it is the repeated use of these images that reduce their horror-generating quotient, and numb people to respond to them with concern. Images have the power of fixing meanings that make the subject of a photograph remain captive within its frames forever. Yet another response to the use of horrific images is for the perpetrators in power and their allies to claim higher moral ground and state that we are being irresponsible in using them – just the way in which L K Advani’s drivel in April 2002 claimed: “sometimes, speaking the truth may not be an act of responsibility” – which was nothing but an attempt at circumscribing truth. We need to guard against the appropriation of our efforts to aesthetically memorialise Gujarat, through images, films or something like the Museum of Resistance being planned in Gulberg Society, Ahmedabad, to serve the ends of political parties or corporate capital. CNN-IBN has already created and broadcast a film advertising the Museum of Resistance, and one wonders what their stakes are, apart from towing the obsessive “whatever it takes” line of journalism to get their TRPs up.

The impossibility of truth

Despite the copious amounts of incontrovertible evidence gathered by several independent fact-finding teams against Modi and the Gujarat government for its complicity, the several testimonies of victim-survivors clearly identifying the organisers, the Tehelka expose, the damning revelations by DIG Sanjiv Bhat, tireless efforts by Teesta Setalvad and several other human rights defenders to take the legal process for conviction and compensation ahead, the ‘truth’ about Gujarat 2002 will always be up against the behemoth of the state-corporation-Hindutva complex.

Be it Gujarat 2002 or Delhi 1984, we have had to fall back on a legal system controlled by the very state whose agents are being tried. This is a classic case of the ‘victor’s justice syndrome’ repeating itself in a domestic scenario (rather than international one) day in and day out as legal battles continue. And we pride ourselves for having an independent judiciary? It is no surprise that it took the NDA government no time to pass a draconian special security legislation like the Prevention of Terrorist Act after the December 13 Parliament Attack, or the UPA to strengthen the Unlawful Activities Prevention Act after the November 26 attacks in Bombay; but the Communal Violence Bill drafted in the wake of Gujarat 2002 lies in cold storage. Why would the state legislate on curbing its own impunity?

What hope do we have of justice when truth is an impossibility? When I went to Gujarat in 2002 as a student volunteer to work at the Shah Alam refugee camp in Ahmedabad and conduct interviews as part of yet another fact-finding team – as one of the many voyeuristic tourists deliciously consuming the trauma of others so that I could live to tell the tale of my sham heroism – I experienced something that changed my perspectives of justice and healing forever. At the end of a very taxing day of recording survivor testimonies, I was waiting for my colleague at the entrance of Shah Alam camp when I heard the laughter of children coming from within the dargah. In the midst of the injured and maimed, this sounded other-worldly. I followed the sound to the central courtyard of the dargah and saw a huge group of children (many of them orphaned) along with some very energetic members from a group called Play-for-Peace standing in a circle, holding hands and singing a very funny song called Bajra: about the everyday practice of grinding theBajra to make chapatis at home.

The chorus of so many children laughing and singing together was for that particular moment a magical feeling. Their laughter was infectious – everyone around joined the cacophony. The circle marked the formation of a very different kind of community: one joined in sorrow through laughter. In the non-competitive games, the children who made mistakes were never ‘out’, rather they occupied pride of position ‘in’ the circle to lead the game. The very serious-looking, serious-sounding, serious work that many bourgeoisie volunteers like me were doing looked poorly pretentious in the face of songs and games that could evoke spontaneous laughter in children who’ve either been orphaned, seen their family members brutally raped and killed or ‘disappeared’. I never knew that the power of collective laughter could not only heal but also arrest cycles of violence. This was an equally powerful way to mourn. Despite my privileged position of an outsider, who will eventually go back to safer quarters, playing with the children, and spending those few days in Ahmedabad laughing with them gave me a contingent sense of our shared commitment to mourning in precarious times: be it through crying, or laughter.

Beyond what the legal process will achieve, while our struggles against state impunity and the spectacular onslaught of neoliberalism continue, we need to think of ways in which we can use the powers of mourning to mobilise political communities of human beings, as Judith Butler says, joined through a shared feeling of loss and vulnerability, to forge ethical relationships that connect us with those whose lives were destroyed: not through sentimentality, but solidarity. Gujarat 2002 is paradigmatic of the brutality that a majoritarian secular democracy is capable of. We cannot undo this truth even if Modi is convicted. We can only hope to mourn together, laugh together and ensure that we never forget. That will be our lived truth.

The author is an academic currently based in Melbourne researching the legal, testimonial and aesthetic archives through which Gujarat 2002 is remembered and forgotten.

Infochange News & Features, February 2013

 

 

LGBT discourse & cultural imperialism in Pakistan


Thursday, 14 February 2013 22:15by Hashim bin Rashid, http://www.viewpointonline.net/

Hope for them lies in the constitutional change and culturally located critiques such as Bol. Only through these, and not US cultural imperialism, shall they be able to be reintegrated into a social fabric they were so brutally de-rooted from by the last imperial cultural project

This more than any other article I have written before requires that the audience for it is defined before one sat down to write it. It also requires that I define myself and the particular sense in which I am situated within these debates.

The article has four audiences. First: those western intellectuals, activists and governments that wish to ‘help’ the LGBT community of Pakistan. Second: members (English-speaking only) of the LGBT community of Pakistan. Third: non-members of the LGBT community who support their cause. Four: those who find the idea of being LGBT repulsive to their faith and their notions of what it is to be human.

All ideas articulated in this article are for all four – unless otherwise stated. The need to speak arising out of the genuine fear members of the LGBT community that I know have experienced after the US Embassy in Islamabad’s intervention [On June 26, 2012 the American Embassy in Islamabad held its first lesbian, gay, bisexual and transgender pride celebration], purportedly to ‘protect them.’ Never have I seen such fear come after a promise to protect from a superpower. Nor has such a non-story ever been played up as much.

Within Muslim cultural history:

The first point shall be to run through my own story. Situate myself and to allow the reader to re-situate their understanding of a part of Muslim culture that may have been hidden from them, withheld or they may have otherwise ignored.

I think we may best be served by choosing a reference urban bourgeoisie culture in Pakistan will identify with. Let’s work with a couplet from Iqbal’s Shikwa:

Aik hi saf mein kharay ho gaye Mehmood o Ayaz
Na koi banda rha na koi banda nawaz
[Mehmood and Ayaz stood in a single file
Neither remained servant nor master]

Iqbal chose to present them by isolating the historical metaphors attached to them. Iqbal chose the metaphor of master-slave becoming equals. What Iqbal conveniently ignored was that Mahmud and Ayaz, in the Sufi tradition, became the quintessential Muslim male lovers. The theme under which they were historically represented was love, not equality. The same sets of stories are translated across a number of narratives considered distinctively Muslim.

Male love, as a means to intellectual and spiritual growth, has been integral to Sufi traditions in Persia, Arabia and the subcontinent. The fundamental rupture that produced both Rumi (with Tabrez) and Bullah (with Shah Inayat) comes from a male possessing supreme spiritual depth. There are other Sufis that find that inspiration within an innocent youth.

The influx of Muslims into the subcontinent itself gave credence to such. Ayaz, the fabled lover of Mahmud, has served as governor of Lahore. Babur, the first Mughal king, himself expresses his love for another male, Baburi, in the Baburnama.

Thus – even late manifestations of sub-continental Muslim culture were able to integrate a more fluid understanding of masculinity.

A tryst with British cultural imperialism:

And it is this that brings us to the second point I wish to make: the significant influence of earlier British imperialism (colonization, you may call it) in re-shaping the legal and cultural contours of being LGBT in the subcontinent. The effects of these shifts are integral to how the late hegemonic Muslimness has imagined masculinity and femininity.

First, at the level of discourse, a run through of the British Gazetteers (and I do encourage you to read any) on the subcontinent reveals their discomfort with sub-continental sexuality. A prime concern remained, what the British would read, as gender fluidity. And it could not be digested under heavily Christian Victorian values.

Thus, this translated into how the British employed power – and importantly how one could legitimately consider the clear, categorical distinctions between male and female that sub-continental urban spaces are intimate with, as being a product of the colonial period.

Second, at the level of law, it was the British that introduced laws criminalizing being ‘LGBT’ (if the category could be read into history).

Being transgender was made a crime under the Indian Penal Code 1860. All hijras were added to the Criminal Tribes act and the legal requirement to try someone for being transgender was merely cross-dressing.

The consequences of this legal shift have, sociologically, not been fully traced out. But, in a recent research project I supervised, traces of the discourses of criminality affiliated with the transgender community (which also found themselves into the Supreme Court of Pakistan judgment granting them ‘third sex’ status) took formal roots within State practice.

The transgender became the criminal. And so comes to be that Pakistan’s hijra community continues to suffer (uniquely) from police harassment.

Speaking from within culture:

Third, at the level of Muslim discourse, it is in the colonial period that Muslims, accused of being morally and sexually lax, began to reinvent themselves and constitute a new set of fundamental values. One of the new values set up was the strict separation of male and female genders – a binary that did not know itself in history quite similarly.

Thus we move to the third point: to turn to existing cultures within Pakistan that are open to the idea of being LGBT – and doing so while being ‘culturally located.’

Here, I must make a candid admission. History is the subject I am more comfortable with. Existing culture is a matrix that requires much careful study.

The sense is however that Seraiki masculinity and masculinity with segments of Khyber Pakhtunkhwa operates on a different node. Within urban spaces, the fashion circle is also understood to operate with different understanding too.

Again, these are not clear-cut derivations. But again it is important to realize these exist.

What is also important is to realize that not all turns to queerness are healthy or voluntary. It is a question that a number of people have narrated from their experiences in same-sex boarding schools during the age of their puberty.

A student, otherwise of the devout variety, suggested that it would be impossible for one to not have a queer encounter at a particular private boarding school and then he narrated his own story of frustration and desire.

In so many ways, the imposed silence on questions about sexuality remains a key note for people of all persuasions reading this article. Anyhow the boarding schools example may give those who condemn being LGBT more ammunition than I would like them to have.

So, we must remind them of madrassahs and the repression around child molestation that prevails within them. Again, as a journalist, I have encountered an instance of a madrassah student backtracking on an expose because of fears that he shall be murdered by groups sent after him.

Again, this is not to stereotype, but to demarcate areas where silence and jokes cover up for the lack of serious discourse.

A turn to social sciences and Bol:

And at this note about discourse, I turn to the fourth point of the article: to turn to discourses from within the social science to articulate a distinction between ‘gender’ and ‘sex’ – which if a step be taken back is very much common sense.

It is clear that our understanding of gender comes from social mores. I was cultured into being a male – according to the culture that surrounds me. I accepted. Female culturalization operates similarly. There are specific disciplinary regimes that go into constructing one’s gender.

The question to ask is: if gender was natural, why would anyone need to tell what being a male or being a female is?

It is a powerful moment within Shoaib Mansoor’s Bol when the sister slaps her transgender ‘brother’, dressing up in female clothing in front of the mirror, and says, “Is this how men behave?,” in ignorance of the real biological sexuality of him.

The question the movie is able to articulate is: how are we to deal with alternate biological sexualities?

The question engaging in LGBT discourse makes you ask is however a bit different. It is: how are we to deal with alternate social sexualities?

I have my answer. But there is no point to imposing it here.

No to Western cultural imperialism:

But it is important to make this articles fifth point: that the US declaration of support was not needed and should not be welcomed by LGBT activists.

That is the only normative claim in the article that I stress upon.

While homophobia seeps deep into the social contours of postcolonial Muslimness, the space for acceptance has been more than it has been in the traditional west.

The need for violent LGBT struggles in the subcontinent has not been needed in the same way these were needed in the West. The liberal discourse in the West, the change in the stance of the Christian Papacy is the product of the particular socio-material conditions of the West – where persecution has known itself to be worse and more systematic than anywhere, or any period, within Muslim societies.

Postcolonial Muslim perspectives, even if keeping queer identity a pedestal down on the social ladder, had not declared them worthy of persecution (doctrinally).

The current declaration of exile of ‘all such individuals’ by Jama’at i Islami is in fact unique.

And it is so due to the attempt by the new imperial power (US) to create a cultural hegemony over what it is to be queer.

It would have been best for the US to stay out of matters in Pakistan. And it would be best if it learns before a systematic persecution of LGBT actually begins.

As a concluding note, however, it must be said, that all that has been said above, promises nothing for the most systematically discriminated against queer community in Pakistan: the hijra (transgenders).

Hope for them lies in the constitutional change and culturally located critiques such as Bol. Only through these, and not US cultural imperialism, shall they be able to be reintegrated into a social fabric they were so brutally de-rooted from by the last imperial cultural project.

Let us hope that US cultural imperialism does not do more damage to the queer cause in this already fractured socio-polity we label Pakistan.

 

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