Manu, FIaw-Giver- Gender, and their centrality in Ambedkar’s work #Bookreview


For equality Ambedkar tried a fundamental reform of Hindu personal laws, in vain
REVIEW
Manu, FIaw-Giver
Matters of gender, and their centrality in Ambedkar’s work
Against The Madness Of Manu: B.R. Ambedkar’s Writings On Brahmanical Patriarchy
AGAINST THE MADNESS OF MANU: B.R. AMBEDKAR’S WRITINGS ON BRAHMANICAL PATRIARCHY 
SELECTED AND INTRODUCED BY
SHARMILA REGE

NAVAYANA PUBLICATIONS | PAGES: 266 | PRICE NOT STATED

Here is a book that offers something new and stimulating, and it matters little if you are already acq­u­a­inted with the scholarship around Bab­asaheb Bhimrao Ramji Ambedkar or not. Sharmila Rege, well known for her collection of ‘testimonies’ by Dalit women and her writings on caste and gender, has gleaned from the huge corpus that now constitutes Ambedkar’s leg­acy a selection of his writings, which she has ably introduced and commented on.

While the figure of Ambedkar has burst forth in public life across the country in the last two decades, his writings have been rather slow in finding their place, whether in movements or academe. And as Sharmila Rege points out, his thinking on gender has been engaged with the least, which is what she has sought to rectify in this volume. She argues convincingly in the introduction that feminists must reclaim Ambedkar. He already enjoys a huge following in popular culture in Maharashtra, one in which posters, music and pamphlets bring out his life and work in ways that she finds both “confusing and diverse”. Some feminist scholars have rediscovered the centrality of caste for understanding gender discrimination since the 1990s, as in studies of the non-Brahmin movement, or in the historical emergence of “Brahminical patriarchy” in early India. Ambedkar himself was, as the writings included in this volume amply attest, deeply convinced that the subordination of women was an essential facet of the creation of a caste system, and it is a failing that current scholarship and anthologies on his work have not brought this out.

Ambedkar argued in an essay that Brahminical endogamy was imitated by others to become our caste system.

The volume is divided into three sections. The first one, entitled Caste as Endogamy, introduces two pieces by Ambedkar, the first written as early as 1916. Ambedkar intervenes in the anthropology of the time to show how “unnatural” and yet durable was the creation of a class (of Brahmins) that superimposed marriage within the group when exog­amy (marrying out) was the norm hitherto and elsewhere. It is this endogamy that was, according to Ambedkar, subsequently imitated by other classes to become a caste system that has given India its cultural unity. The next essay written much later opposes the widespread view that it is the Buddha’s misogyny that led to the downfall of women after the Vedic period, and places the onus squarely on the Manusmriti. The second section, from which the book takes its title, shows us Ambedkar locking horns with several religious texts and figures. ‘Manu’s Madness’ can be found in his categorisations of various kinds of castes (especially so-called mixed castes), marriages and forms of kinship, where his obsession with hierarchy is mirrored by the “graded violence” (this is Rege’s apt term) that is meted out to a woman based on her caste location. Another short critical piece on Rama and Krishna included here, which was first published posthumously in 1987, triggered widespread protests, leading to its initial withdrawal, followed by counter-protests and its subsequent republication. The third section takes us to the eve of Indian independence, the Constituent Assembly and the first years of the new nation seen from the prism of the fate of the Hindu Code Bill. Ambedkar was India’s first Law Minister and it was he who took it upon himself to subject Hindu personal laws to a fundamental overhaul in the name of gender equality. Yet, as he put it in his presentation to the Constituent Assembly, there was nothing radical in the proposals, all that was being attempted, he said euphemistically, was “repairing those parts of the Hindu system which are almost become dilapidated”. This section has an excellent choice of pieces to convey the extent of what he attemp­ted, the pain in seeing the Bill stalled, fragmented and diluted over a period of four long years, and the reasons he fina­lly gave for resigning.

Instances of Manu’s madness can be found in the gradations of punitive measures invited by violations of strict social codes.

This book of under 250 pages manages to cover an enormous terrain along with commentary that delves into Ambedkar’s life and times, offering valuable and thought-provoking interpretations of his work. Questions are thrown up for this reader—about the method of seeking the meaning of caste through speculations about its origin in a distant time; about the very focus on the “rise and fall of Ind­ian womanhood” and why this was such an obsession; on the explicit role that sexuality played in classical texts in suturing the links between caste and gender, and so on. But these kinds of que­stions demand that we engage more with Ambedkar, and read this excellent book from which there is much to learn.
(Mary E. John is senior fellow at the Centre for Women’s Development Studies, New Delhi. Her recent publication is Women’s Studies in India: A Reader)

 

#India -Bhopal gas victims take out rally and demand “no Justice, no Vote”


29th June 2013

By TCN News,

Bhopal: In an attempt to awake political parties from there stupor, today several hundred gas victims staged a rally from Ganesh Mandir, Chhola to Bhopal Bus Stand for their long standing demands of compensation, punishment of guilty individuals and corporations. In the upcoming elections of state and central government, Bhopal gas victims have resolved that they will only vote for those political parties who will ensure their compensation and end the continuing injustices against them. Residents from J.P. Nagar, Shakti Nagar, Kainchi Chhola, Risaldar Colony and Rajgarh participated in this rally and shouted slogans “No compensation to Gas Victims, then No Vote of Gas Victims”, “No Justice, No Vote”.

Several residents of J.P. Nagar, Kainchi Chhola and Rajgarh have painted slogans “Compensation First, Second Vote” on their houses. “This time we will tell representatives of political parties visiting our communities that first secure our compensation and then ask for vote”, says Anees Qureshi from J.P. Nagar who lives right across from the Union Carbide factory.

Several gas victims believe that this is the right time to get answers from political parties towards resolving the lingering issues of compensation, punishment of guilty, medical and social rehabilitation. “This time we will only vote for that political party which ensures compensation and justice for Bhopal gas victims and we want to see result before the elections not after,” says Premlata Chowdhary of Kainchi Chhola,

In March 2013, five organization working among the survivors of the December 1984 Union Carbide gas disaster had written a letter to dozen political parties seeking their response and support to their 8 demands on additional compensation for the gas disaster, correction of figures of injury and death caused by the disaster, cleanup of contaminated soil and ground water, compensation for injuries and birth defects caused by toxic contamination, setting up empowered commission for rehabilitation and stopping Dow Chemical from doing business in India till it presents Union Carbide in the ongoing criminal case on the disaster. Except Aam Aadmi party, none of the parties have bothered to respond to the demands of gas victims.

Gas victims participating in this rally appealed to gas victims living in 36 wards to make judicious and strategic use of their power to elect candidates so that that the lingering issues of the disaster are resolved in their favor. They also said that similar rallies should be taken out by all gas victims in their own communities, Paint slogans on houses and shops, and question all the political representatives that come in their community on what steps they have taken in ensuring there compensation from the state and central governments.

Photo Credit: Sanjay ‘KunKun’ Verma

Bhopal gas victims take out rally and demand "no Justice, no Vote"

By TCN News,

Bhopal: In an attempt to awake political parties from there stupor, today several hundred gas victims staged a rally from Ganesh Mandir, Chhola to Bhopal Bus Stand for their long standing demands of compensation, punishment of guilty individuals and corporations. In the upcoming elections of state and central government, Bhopal gas victims have resolved that they will only vote for those political parties who will ensure their compensation and end the continuing injustices against them. Residents from J.P. Nagar, Shakti Nagar, Kainchi Chhola, Risaldar Colony and Rajgarh participated in this rally and shouted slogans “No compensation to Gas Victims, then No Vote of Gas Victims”, “No Justice, No Vote”.

Several residents of J.P. Nagar, Kainchi Chhola and Rajgarh have painted slogans “Compensation First, Second Vote” on their houses. “This time we will tell representatives of political parties visiting our communities that first secure our compensation and then ask for vote”, says Anees Qureshi from J.P. Nagar who lives right across from the Union Carbide factory.

Several gas victims believe that this is the right time to get answers from political parties towards resolving the lingering issues of compensation, punishment of guilty, medical and social rehabilitation. “This time we will only vote for that political party which ensures compensation and justice for Bhopal gas victims and we want to see result before the elections not after,” says Premlata Chowdhary of Kainchi Chhola,

In March 2013, five organization working among the survivors of the December 1984 Union Carbide gas disaster had written a letter to dozen political parties seeking their response and support to their 8 demands on additional compensation for the gas disaster, correction of figures of injury and death caused by the disaster, cleanup of contaminated soil and ground water, compensation for injuries and birth defects caused by toxic contamination, setting up empowered commission for rehabilitation and stopping Dow Chemical from doing business in India till it presents Union Carbide in the ongoing criminal case on the disaster. Except Aam Aadmi party, none of the parties have bothered to respond to the demands of gas victims.

Gas victims participating in this rally appealed to gas victims living in 36 wards to make judicious and strategic use of their power to elect candidates so that that the lingering issues of the disaster are resolved in their favor. They also said that similar rallies should be taken out by all gas victims in their own communities, Paint slogans on houses and shops, and question all the political representatives that come in their community on what steps they have taken in ensuring there compensation from the state and central governments.Photo Credit: Sanjay 'KunKun' Verma

 

#India – Every Move She Makes. They’ll Be Watching Her #moralpolicing #Vaw


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Rising hemlines lead to rising TRPs. Aradhna Wal examines a commercial news industry committed to sleaze, to lechery and to shaming young women

There’s something rotten in the states of  and . And it seems the Kannada and Telugu news channels have identified the problem — girls gone wild, fuelled by alcohol. On 14 May, Karnataka’s leading regional news channel, TV9 Kannada, ran a programme, Olage Serideru Gundu (literally, ‘once alcohol is inside’), a fine assortment of video nasties from across the country, showing the great evils of girls drinking — the ruckus on the street, clothes askew, clashes with cops.

For some years now, the disapproving cultural policing of a class of girls — ones who can afford to go out to drink — has become a staple on regional news in both states. There is massive viewership, particularly of sleazy ‘true crime’ reports, and so editors and programming heads encourage reporters to follow women and young couples, to stake out pubs, nightclubs and make-out spots. A cursory search on YouTube reveals the many news reports with such eye-catching titles as ‘Drunk women causing hulchul’, ‘Drunk women causing hungama’, or ‘How to ban rave parties to save the youth’.

“We show boys too, but a girl being daring on screen instantly catches the viewers’ attention,” says Shreeti Chakraborty, senior producer with a leading Kannada channel. One clip was of an altercation between four female students of NALSAR University of Law and reporters from the Telugu news channel ABN Andhra Jyothy, outside Rain pub in Hyderabad’s Banjara Hills on the night of 11 April. Shruthi, Megha, Prachi and Adwitiya angrily confronted a drunk man filming them on his phone. The confrontation attracted a mob and reporters from ABN. Apparently, the drunk man was a reporter who had telephoned his colleagues. The footage was picked up by other news channels. Several of them branded the girls immoral, drunk and half-naked and even questioned the pub’s licence.

Watching the ABN footage is instructive. The camera pans up and down the women’s bodies. It is exploitative; consent is not an option, probably not even worth a thought. The viewer is implicated by the camera’s roving eye, a fellow voyeur leering at barefoot girls in short dresses. The cameraman follows the girls to their taxi, thrusting his camera through the door, his taunts provoking the girls to shout insults. Their expressions of fury at being cornered were circulated on primetime news as the faces of unacceptable modernity, of aggressive young women out at night, women who must be checked.

One irate senior journalist with a leading Telugu news channel described the girls as “public nuisance”, and launched into a tirade about “minors” getting drunk, abusing reporters and partying late into the night. He blames this “anti-social behaviour” on both NALSAR and the students themselves: “They even shot a promotional video for the ‘daaru party’ on campus. Look at the things they say in that.”

Confronted by this (self ) righteous indignation, the students launched an online campaign on change.org to prove that they had been harassed by the media. They compiled evidence to show that they were neither minors, nor drinking after legal hours (11 pm), and the leaked video that the news channels broadcast was not a promo for the party. Raj Singh, the owner of Rain, has stated that the ages of everyone at the party were checked and the girls left around 11 pm, not past midnight as the reporters alleged.

“The police raided us at 11.45 pm after the incident was over,” says Singh. “At 12.45 am the reporters barged into my club, beat up my security guard and placed bottles on the bars to suggest that the pub was still open.” His decision to stand up for the girls has meant that his pub “has been raided almost nightly by every department imaginable looking for some illegal activity”.

In response, Andhra Pradesh’s Electronic Media Association of Journalists put up a counter petition on change.org, asking for the girls who “assaulted reporters” to be condemned. It garnered over 5,000 signatures. But during routine checks, change.orgtraced the bulk of these signatures to one IP address, proving that most were fake. After they removed those signatures, only 132 were left.

The girls’ determination to stand up for themselves sets them apart in a state where reporters looking to manufacture lurid stories appear to operate without any kind of sanction. “We had to fight back,” says Shruthi Chandrasekaran, one of the girls involved in that now infamous April incident. “What’s happening is just wrong and too many people seem resigned to it. We don’t even know what motivates the media’s malice towards us.”

Andhra Pradesh has some 16 regional news channels. Sevanti Ninan, editor of The Hoot, an online media watchdog, has written about how corporate ownership sets the terms and how the need to be profitable means a redrawing of the lines between public and private. In a market exploding with money and fierce competition, no channel can afford for viewers to switch off. Thus, there’s little distinction between what channels define as eyeball-grabbing reportage and salacious entertainment. News seems to essentially mean reality TV served with an indigestible side dish of hypocritical, moralistic commentary.

GS Rammohan, associate editor with ABN Andhra Jyothy, accepts that TV news has gone insane, driven by ratings and profit. According to the , what sells is sex and crime. “People enjoy watching other people’s private lives on TV,” he says. As long, apparently, as the “other people” are comely young women. The same senior journalist who denounced the NALSAR students stated matter-of-factly that channels look to show beautiful women onscreen as de facto policy. Local media in Hyderabad and Bengaluru, Rammohan says, are similar in this regard. Though Karnataka has six regional news channels as opposed to 16, its crime news coverage is famous for stings, both successful and attempted, on bars in Bengaluru, Mangalore and Manipal. Many of these stings are the work of reporters employed by Suvarna News 24×7 and TV9 Kannada, the two most popular regional news channels in Karnataka. Both blame the other for lowering the tone of the public conversation with leering, tabloid journalism.

Raoof Kadavanad, a crime reporter with a leading English daily in Hyderabad, watches the tactics of TV reporters with some bemusement. He describes how crime reporters seek out couples in public spaces and film them with hidden cameras. The footage is then screened to bolster the argument that the behaviour of young women in the city is deplorable. After the NALSAR incident, TV5 aired a segment about Hyderabad’s nightlife that deplored what was “happening to our sisters and daughters”

In July 2012, Tonic, another pub in Banjara Hills, was raided for having a party long after legal hours. The media filmed the raid, focussing largely on the women in that familiar, creepy style. Depressingly, this behaviour is typical. In January 2012, Suvarna broadcast a ‘sting’ on illegal bars in Bengaluru. The ‘illegality’ of said establishments was, of course, of less concern than filming the girls on their cameras. In 2011, a medical student was photographed at a party in Le Rock Cafe in Bengaluru. Her picture was published in a Kannada newspaper belonging to the Telugu channel Sakshi TV as an example of the malign influence of western culture on the present generation.

The combination of sanctimoniousness and aggression is visible. Girls are hunched over, hiding their faces, surrounded by baying men. The footage is edited insidiously, with strategic blurring implying nudity when a girl is wearing a dress deemed insufficiently modest. Shame is thrust on the girls. “It was terrifying,” remembers Shruthi, “to be chased by this man with a camera, who won’t even let you shut the car door.” Her fear has been felt before by innumerable women running away from cameras, desperately covering their faces with dupattas, scarves or their own hands.

Another popular tactic used by reporters is to wait around with traffic police conducting its weekly drunk-driving tests at various checkpoints around Hyderabad. Every Friday and Saturday night, a small group of reporters armed with lights and cameras film these checks, waiting for women who might be stopped. “Channels use that footage in different packages to say different things for months. People enjoy it,” says ABN Andhra Jyothy’s Rammohan.

In Bengaluru, Ajit Hanamakkanavar, the Crime Bureau Chief of Suvarna, acknowledges that “news has crossed over the line to  and reality TV”. “In the TV business, the remote control is your biggest enemy. No one watches serious, investigative stories,” he adds. The channel has a “legal team at the ready” to deal with accusations of slander and defamation. The reporters are often tipped off about the bar raids by the police. “A commissioner will not be my source,” says Hanamakkanavar, “but a constable will be.” A senior police officer confirmed that the constabulary and reporters often share information.

Both Rammohan and Hanamakkanavar put the blame squarely on upper management. The top brass have cynically turned moral policing into a lucrative business. Many of the reporters, who often come with their own cultural baggage, actually believe they are making a valuable difference, providing a much-needed check to out-of-control youth. It is not enough for them to observe society; they feel the need to become enforcers of a particular, usually imaginary, cultural code. Sampath Kumar, a crime reporter for ABN, earnestly tries to explain how “these people” can be kept in check “through fear of the media and by being made to understand that their behaviour is wrong”. He claims the reporters have the public on their side and that tip-offs come just as often from their audience as from the police.

In Karnataka, there is also a penchant for blaming the outsider, or the ‘foreign hand’ — students and professionals, who flock to cities from other states and countries, and bring money, decadence and loose morals. The pressure to make the money to lead extravagant lifestyles also results in crime, say reporters. Rajesh Rao, the Mangalore crime reporter for TV9 Kannada, says that he’s “seen what goes on in these pubs, what drugs are exchanged. These petticoat parties where girls wear short clothes”. Suresh Kumar Shetty, the Mangalore crime reporter for Suvarna, worries about the effects the “lavish lifestyle” of rich students from outside the state have on locals.

Like Rao, Shetty admits that his channel has attempted to smuggle cameras into popular bars. He once asked two friends of his, who were not reporters, to enter a bar as a couple and film the goings-on. To validate the rightness of the cause, he refers to the tragic suicide of Sneha, an 18-year-old Mangalore girl, in February this year. A drug addict, she reportedly killed herself because she couldn’t afford the next fix. Her parents spoke about a girl who used to top her class at school until she started going to parties in hotels and pubs and was introduced to drugs.

This story fits conveniently into Rao and Shetty’s argument that local youths are tempted into vices they cannot afford and that the media must protect them. Naveen Soorinje, the Mangalore reporter for Kasthuri TV, disagrees. With vehemence. He made national headlines last year after the 23 July 2012 homestay incident in which activists from the Hindu Jagarana Vedike attacked boys and girls at a birthday party. Soorinje’s coverage shed light on what had happened, yet he was named as an accused in the case by the police. Released on bail in March this year, all charges against Soorinje were dropped by the Karnataka government on 14 June. Having consistently reported on cultural policing, he points out when right wing groups such as the Sri Ram Sene go on one of their periodic moral policing jaunts in Mangalore, the media, tipped off by these groups, is close behind. It’s a cosy relationship. The media gets political backing for its own occasional hand-waving about decadent modern culture and the right wing groups get the soapbox and spotlight they so desire. “When the right wing groups are not around,” says Soorinje, “TV channels film young people in pubs and ask ‘what is the Hindu sangathan doing now?’ When TV9 does something, Suvarna tries to catch up by doing something more sensational.”

This role of social responsibility is championed by TV9 Telugu’s executive editor Dinesh Akkula and Input Editor Arvind Yadav. According to them, the story of Telugu media is one of transformation — from a cutthroat business to responsible journalism that is the hallmark of the likes of TV9. “Maturity is coming in slowly,” says Akkula, “we stick to the guidelines recommended by the News Broadcasters Association (NBA). We don’t target specific people or groups, but we show what’s in the public interest.”

In TV9 Telugu’s infamous Planet Romeo sting (February 2011), a reporter posed as a gay man on the site Planet Romeo and befriended other members, eliciting intimate details while recording his conversations. The ‘report’ was broadcast with lots of hand-wringing about how Hyderabad was falling prey to the fashionable gay culture. The conversations were played on TV, revealing identities, personal sexual preferences and histories. Prominent gay rights lawyer Aditya Bandopadhyay filed a complaint and the NBA fined the channel 1 lakh, a piffling sum for a network of TV9’s size.

That appalling piece of reporting shows that it’s not just middle and upper-middle class girls in the firing line, but all manner of easy targets. The Telugu news channel NTV 24×7 once filmed transgenders at an LGBT awareness event held by the NGO Suraksha and then aired that footage in a completely different context, when a man was murdered at a popular cruising spot. TV9 Kannada did a major expose in 2009 on the “Devdasi tradition” among sex workers of Kudligi in Bellary district. The story’s fallout, as documented in a fact-finding report by Vimochana, a women’s organisation, and Nava Jeevana Mahila Okkuta, a Dalit Women’s Collective, was that these sex workers, previously accepted by a wider community, were now ostracised. They had lost their only source of livelihood, couldn’t send their children to school and were shunned by the neighbours. The TV9 journalist, Prakash Noolvi, went on to win the Ramnath Goenka Excellence in Journalism Award in January 2012. “The reporter didn’t hide the faces of these women,” says Akkai Padmashali, the media coordinator of Sangama, an LGBT organisation. “They cheated these women by posing as clients. One had even been visiting them for sex.” She angrily recounts the many times reporters secretly film sex workers to extort money from them.

Activists and intellectuals point to how a large section of society gives legitimacy to the media and other self-appointed moral police. People will be outraged by a girl being beaten up, but will also say that she should not have been out drinking in the first place. Conservatives who might be of completely different backgrounds find common ground when setting limits on women’s behaviour. Shaming is a cultural reality. Madhavi Lata, a scriptwriter and former reporter for NTV, is honest about the fact that truth is often warped to fit viewers’ preconceptions. But even she asks why “these girls give people the chance to say something about them. They could go out for a drink in more decent clothes”.

Hyderabad-based activist Tejaswini Madabhushi recalls media reaction to the 5 January ‘Midnight March’ in the city, an attempt to take back the night from sexual predators and the moral police. “Vernacular news reporters,” says Madabhushi, “kept asking us why we wanted to go out in the night and provoke men like them.”

Pop culture too reflects this attitude. Audiences cheer when Telugu heroes verbally and physically abuse heroines. It’s part of a nationwide acceptance of . Sandhya, a leading gender rights activist in Hyderabad, says people “want to see women as sex objects. Studios call us for panel discussions and pit us against someone from the right wing. We tell them to leave the girls alone and start telling the boys how to behave.” R Akhileshwari, a senior print journalist, points out that it’s “always the woman’s body” that is the locus of censure or dispute. “Why do these channels not look at the liquor shops on the road, where men buy drinks, enjoying a session right there by the roadside?”

Perhaps legal challenges will force TV channels to modify their intrusive behaviour. “It is a violation of privacy,” says Bengaluru-based lawyer Akmal Rizvi. “It can be interpreted as stalking, which comes under Section 354D of the IPC.” One of Hyderabad’s eminent lawyers says, on the condition of anonymity, that some reporters “blackmail people for money by threatening to show their faces on TV”. The NALSAR students cited the reporters’ violations of the NBA’s regulations concerning stings and media ethics. The reporters argue that roads are public areas.

“Moral policing on TV goes back to the ’90s when crime shows started,” says Deepu, a Bengaluru- based documentary filmmaker with Pedestrian Pictures. He reiterates the point that journalists are part of the social fabric that consumes these shows. But the very morality these channels pretend to is hypocritical. “Why would you want to see that picture of the skimpily dressed girl if you are so moral?” asks Nisha Susan, freelance journalist and writer, who began the ‘Pink Chaddi’ campaign in 2009 in response to Sri Ram Sene goons beating up women in a Mangalore pub. Thousands of people around the country responded to her call to send the thugs the aforementioned items of women’s underwear. She adds that each generation must push the boundaries for acceptable female behaviour and be prepared for the inevitable friction.

As of now, vernacular media is working hard to play to its audience’s prejudices. An audience that tunes in repeatedly to be scandalised. Perhaps one day, these channels will be overtaken by their viewers as they’re forced to adapt to changing times. One day, the audience will note the rage on a young girl’s face as she is backed into a corner by a reporter wielding a camera. And then they’ll no longer listen to the reporter’s claims that it is the young girl whose behaviour is immoral.

aradhna@tehelka.com

(Published in Tehelka Magazine, Volume 10 Issue 27, Dated 6 July 2013)

 

Capital Punishment: Dying Out but Still Killing #deathpenalty


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Posted: 28/06/2013 , huffingtonpost
Maryland Death Penalty

It’s a loose comparison, but sometimes I think that people who get executed these days are like those killed right at the end of a war. Another day, another month … and they might survived.

I say this because when you look at the figures for capital punishment around the world, you can see there’s a strong trend toward abolition. It’s happening year by year. Fifty years ago only nine countries in the world had abolished the death penalty; by 1977 it was 16; now 140 countries have abolished judicial killing in law or stopped it in practice.

Even in “pro-death penalty” countries, the number of sentences and executions is generally falling or the scope for imposing executions being reduced. For example, in China the number of crimes which might lead to a lethal injection or death by firing squad has beenreduced from a reported 68 to 55 (still a staggeringly high number). Meanwhile, in the USA – another major user of capital punishment – individual states are peeling away from the majority on the issue, with six states scrapping the death penalty in the past six years – New Jersey and New York state (2007), New Mexico (2009), Illinois (2010), Connecticut (2012) and Maryland just last month.

Anyway, though in the last year or so there have been what Amnesty says is an “alarming” spike in executions in Iraq and a resumptions after considerable gaps in the use of the death penalty in Japan, Gambia, Pakistan and India, the underlying global trend is still clear and apparently fixed: state-sanctioned judicial killing is slowly dying out.

So to me there’s a particular tragedy to the late nature of executions in this context. Last night’s execution of Kimberly McCarthy in Texas was regrettable for many reasons (especially the apparent role of racial prejudice in her trial), but in five – ten, 20? – years’ time there’s a distinct possibility that we won’t have people in Texas being strapped down to a lethal injection gurney and killed by technicians in a disgraceful pseudo-medical “procedure”.

I know of course that of all US states Texas is a “hard case”, one that may not go the way of national and international abolition in the immediate future. It’s just reached the miserable milestone of 500 executions in 31 years, nearly five times higher than any other US state. The Lone Star State indeed. See Amnesty USA’s Brian Evans on Texas’ fatal addiction to the death penalty. However, with support for capital punishment in the USA falling, and controversy over lethal injection drugs and unfair trials growing, I think abolition even in Texas will come ….

But still, the machinery of death clanks on. Just this week, in addition to McCarthy’s execution we’ve had four men hanged in Nigeria (and another facing death by firing squad imminently) and alarming reports that 117 people in Vietnam may face execution soon because of a recent law change (we’re talking – in some cases – about death by lethal injection, using specially-produced drugs to execute prisoners for non-violent drugs offences). There’s an urgent text campaign on Vietnam being run by Amnesty – see here.

So no, if you take an abolitionist view on the death penalty, there’s no cause for complacency. According to Wikipedia, the last person to die (from the British Empire side at least) during World War One was a 25-year-old Canadian man called George Lawrence Price. He was shot by a German sniper in the Belgian town of Ville-sur-Haine at 10.58 on the morning of 11 November 1918. The Armistice came into force at 11am. A needless death then, just like everyone killed by the state in the cold-blooded and thoroughly repugnant business of administering capital punishment.

 ,Press Officer at Amnesty International UK

 

#India- Sexual harassment complaint to #Jayalalithaa from #NWMI #Vaw


To
Ms J Jayalalithaa,
Honorable Chief Minister of Tamil Nadu,
Chennai.

Madam,

The Network of Women in Media, India (NWMI) is an association of women
journalists working across India. It is with deep anguish that we bring to your
notice a
violation of privacy and mental harassment that is being repeatedly caused to a  member of our network.

Kavin Malar, a Chennai based journalist, has been facing online harassment for
over a month now from one Mr Kishore K Swamy, a self-proclaimed
AIADMK supporter. Mr Kishore K Swamy has been repeatedly posting abusive messages
on Facebook targeting Kavin Malar’s personal character and
willfully causing harm  to her reputation
in  society as well as the  media. The allegations, besides being baseless,
are also a gross violation of privacy and human dignity.
We are also being told that Mr Swamy has been repeatedly and habitually
targeting women journalists, by indulging in character assassination. We find
this kind of behaviour not merely disturbing
but also threatening. It creates an unpleasant   environment for working women.
Kavin Malar  has  sought the help of the police department to
fight the harassment. However, her  complaint to the Commissioner of Police on May
13 has not been of much avail.  The cyber
crime cell has not
taken any action on the complaint beyond calling her for an enquiry.
We are attaching the screenshots
of abusive messages posted by Mr Swamy, a copy of which has been made available
to the cyber crime department.

We are aware of the steps taken
by your government to curb crimes against women. While placing on record our
appreciation of such action to promote women’s safety and security, we  urge you to personally intervene and take
action against Mr Kishore K Swamy for his misdeeds.

We believe such a move will help create a more agreeable atmosphere for women
journalists in the Tamil Nadu.

With kind regards and thanks in advance for your intervention in this case,
Yours sincerely,
(on behalf of the  NWMI)*
Signed:

Binita Parikh, Ahmedabad
Tanushree Gangopadhyay, Ahmedabad

Laxmi Murthy, Bangalore
Anita Cheria, Bangalore
Melanie P. Kumar, Bangalore
Ammu Joseph, Bangalore
Gita Aravamudan, Bangalore
Satarupa Bhattacharya, Bangalore
Satarupa Bhattacharya, Bangalore
Meera K, Bangalore

Lakshmy Venkiteswaran, Chennai
Nithya Caleb, Chennai
Kavitha Muralidharan, Chennai
Nithila Kanagasabai, Chennai
Jency Samuel, Chennai
Ranjitha
Gunasekaran, Chennai
Nithya Caleb, Chennai
Shobha Warrier, Chennai

Teresa Rehman, Guwahati

Satyavati Kondaveeti, Hyderabad
Susheela
Manjari Kadiyala, Hyderabad
Akhileshwari
Ramagoud, Hyderabad
Vanaja C., Hyderabad

Anju Munshi, Kolkata
Rina Mukherji, Kolkata
Rajashri Dasgupta, Kolkatta
Manjira Majumdar, Kolkata
Ranjita Biswas, Kolkata
Rajashri
Dasgupta, Kolkata

Linda Chhakchhuak, Mizoram

Kamayani Bali Mahabal, Mumbai
Jyoti Punwani, Mumbai
Geeta Seshu, Mumbai
Freny Manecksha, Mumbai
Sandhya Srinivasan, Mumbai
Meena Menon, Mumbai
Kalpana Sharma, Mumbai

Neha Dixit, New Delhi
Shahina KK, New Delhi

Shree
Ananya
Ramlath Kavil

 

#India – The Great Fertilizer Robbery


[Investigation] The Great Fertiliser Robbery

Big business houses are diverting subsidised fertilisers meant for poor farmers. G Vishnu exposes a shocking collusion that is costing the country crores of rupees
G Vishnu

2013-07-06 , Issue 27 Volume 10

Photo: AFPPhoto: AFP

Every year, the government spends anywhere between Rs 70,000-Rs 90,000 crore in subsidies to ensure affordable fertilisers for farmers to enable them to get a good yield. Yet, curiously, foodgrain production has not seen much increase, while farmers still continue to complain about unaffordable fertilisers.

In October 2012, TEHELKA had shown how flaws in the government’s pricing policy were letting private players increase fertiliser prices and siphon off subsidies (This Is Why Farmers Can’t Afford Fertilisers by , 1 October). An ongoing  by the Director General of Central Excise Intelligence (DGCEI) has now revealed the extent of the scam; how it has spread on a massive scale in the three states of , Maharashtra and Haryana. TEHELKA has access to exclusive information that the DGCEI is probing alleged evasion of excise duty by more than 50 big companies.

Officials detail how over the past five years, these business houses siphoned off 10 million metric tonnes (MT) of -grade urea for which the government had paid more than Rs 2,000 crore as subsidy. Despite having annual turnovers of over Rs 200 crore, these companies also avoided paying more than Rs 300 crore in excise duties to the government in the same period.

Fertilisers are essential to a successful agricultural yield. Over two decades now, the Government of India has been subsidising fertilisers with the aim of easing the burden on farmers. Among the various fertiliser combinations, urea is one of the most utilised. Whereas India produces up to 22 million MT of urea annually, close to 8 million MT is imported. For every tonne produced, the government reimburses the difference between the cost of production and the MRP. Currently, urea is sold at Rs 5,360 per MT ( Rs 5.36 per kilo) and the subsidy ranges between Rs 9,000- Rs 20,000 per MT. Industries that manufacture dyes, colouring agents, resins, plywood, etc, use technical-grade urea, which is priced at Rs 32 per kg (Rs 32,000 per tonne). The government subsidy, however, is only meant for urea used for agriculture and not industrial purposes.

The DGCEI probe, which started as an investigation into the excise duty evasion by manufacturers of CPC Blue (a pigmentation agent that adds colour to paints), also discovered that private players were diverting the urea meant for farming to their own godowns. On top of that, over the past five years, these companies had evaded excise duty in excess of Rs 300 crore by concealing the purchase of urea.

How they did this is a reflection of how deep the rot is. A DGCEI investigating officer describes the situation as “an economy, kind of like a cottage industry, especially in Gujarat. A well-oiled system is in place to facilitate diversion of urea to these companies”. The DGCEI found that in the past five years, two lakh MT of urea has been diverted in Maharashtra and 20,000 MT in Haryana, while around 10 lakh MT has been diverted in Gujarat alone.

Among the many companies who benefited from subsidised urea are big names that include Asahi Songwon (owner Paru Jaykrishna was president of the Gujarat Chamber of Commerce in 2007-08), Phthalo Color (owned by the Nanavati Group that also owns the Nanavati Hospital in Mumbai), Meghmani Organics, Narayan Industries and Narayan Organic, Heubach Intermediates and Ramdev Chemicals in Gujarat. Mazda Colours and Shreyas Intermediates in Maharashtra and Bhabani Pigments in Haryana have also illegally diverted the agriculture- grade urea for their purposes — consequently saving on importing technical -grade urea and paying the customs duty.

These companies — most of them based in Gujarat — would buy urea from ‘trading companies’ such as Karan Chemicals, Lakshya Ventures and Lakshmi Enterprises, who, in turn, would provide fake bills showing purchase of salt. Interestingly, salt is not required at any stage in the production of CPC Blue. Yet, on record, the 50-odd companies had bought 10 lakh MT of salt. For instance, Karan Chemicals, one of the trading companies, has 10 dummy firms that claim to be selling salts to these companies. “They have followed every trick in the book to pull off this scam,” says a dgcei official, showing TEHELKA bills for non-existent mountains of salt.

This fact comes straight from the horse’s mouth. In a written statement to the DGCEI, Piyush Patel, president of CPC Blue Manufacturers’ Association and owner of Ishan Chemicals, has admitted that his own company indulged in this illegal practice.

“So far as the purchase of salt is concerned,” reads a statement by Piyush’s son Shrinal Patel, also director of Ishan Dyes and Chemicals Ltd, “according to the market strategy, we are procuring urea in the guise of salt under the invoices for salt… However, under the compulsion of market strategy and to remain in competition, we had to adopt this way.” Patel’s views are similar to what others who have appeared before the DGCEI probe committee have said.

Distribution of urea comes under the ambit of the state government. Once the Department of Fertilisers (DoF) at the Centre decides on the allocation for states, it is the state agricultural departments’ job to ensure distribution to farmers. This is where the village-level Agriculture Business Centres (ABCs) come into play. These local-level agencies that connect with the farmer play a massive role in giving out fake bills to the Department of Agriculture (DoA) in the name of non-existent farmers. Till now, the DGCEI has raided over 15 ABCs in Gujarat, all of which were found handing out fake bills.

“What we found was simply by carrying out raids and scrutinising documents,” says a DGCEI investigating officer. “It is not possible that the state DoA does not know about these practices. Convenient arrangements have been struck between politicians, bureaucrats and these business houses.”

Little surprise then, that in 2011, the Gujarat government kept demanding more and more urea, even though the state was seeing a drought-like situation. Since 2006, Gujarat has been complaining about urea shortage, at times asking Union Minister of Agriculture Sharad Pawar to step in. The DGCEI is investigating the probable involvement of some of the cooperatives that manufacture urea in Gujarat such as the Krishak Bharati Cooperative Limited (KRIBHCO), Gujarat Narmada Valley Fertilisers Company Ltd (GNFC), Gujarat State Fertiliser & Chemicals Ltd (GSFC) and the Indian Farmers Fertiliser Cooperative Limited (IFFCO).

“Right now, we are probing the 50- odd CPC Blue manufacturing companies under the Customs Act,” says another DGCEI official on condition of anonymity. “The Centre has not shown enough grit to crack down on these practices. If the CBI is to come into the picture tomorrow, all these companies will be charged under the Essential Commodities Act and they can be held criminally accountable.”

Repeated attempts by TEHELKA to get these companies to respond were met with silence. The few who chose to say anything, like Bhabani Pigments and Narayan Organics, declined any wrong-doing on their part. Interestingly though, Shrinal Patel of Ishan Dyes and Chemicals had a different explanation.

“We get the product,” says Patel, “and test it in our lab. If a product works for me, I purchase it. I haven’t bought it from any authorised agency. We have been telling the Central government that we are willing to purchase it at any price, but our condition was that it should be made available locally. On import, the particle size of technical-grade urea is coated with nitrogen on the outside, causing loss, but the government did not accept it.”

That the government has been complicit in the unchecked diversion of fertilisers meant for the poor, gains currency from the DGCEI’s own findings. “Government agencies have played a major role in all this,” says a DGCEI official. “Till now, we have found excise evasion of 300 crore. The diversion of over 10 lakh MT of urea that we have found was from just CPC Blue manufacturers. All we had to do was figure out the scientific formula behind manufacturing CPC Blue — salt does not come anywhere in the process. If we are to figure out the formula for other industries that manufacture resins, plywood, paints and dyes, we should be able to make a complete crackdown on diversion.”

Despite the fact that, since September 2012, the Centre has set up teams in the 17 states to put a check on this practice. Even as recently as 14 March, the Chemical and Fertilisers Secretary Sudhir Mittal wrote to the states, urging them to set up a mechanism to curb diversion.

So, why has nothing happened? Officials in the DoF at the Centre blame the states for lack of transparency, negligence and unwillingness towards bringing diversion and black marketing to a halt.

“Our pricing policy is yet to be implemented,” says an official with the DoF in New Delhi. “Fertiliser prices have been skyrocketing for the past three years, increasing as much as five times in some cases. On the ground, this has resulted in the farmer using a single fertiliser to such an extent that the soil loses value in some years. This has been disastrous for Indian agriculture.”

A senior official at the Ministry of Chemicals and Fertilisers explains how the powerful fertiliser lobby has manipulated the situation to its advantage. “Most politicians do not antagonise this lobby,” he says. “No matter how hard you try to stonewall them, they still find a way to reach you.” The official cites a recent incident, when members of the fertiliser lobby made a presentation in a group of ministers (GoM) meeting much to the surprise of some ministers, who had managed to keep the private players away from influencing policy decisions. Other officials even recall instances when chief ministers have stepped in to stop probes.

These players have such a stranglehold on the sector that in the past three months alone, the ministry has spent Rs 300 crore excess while procuring.

“Around February every year, the DoF determines the quantum of fertilisers needed for the year and the procurement is planned,” says an official working for a PSU that produces fertilisers. “This year too, Indian Potash Limited (IPL, a conglomerate that started as a PSU, but is currently an amalgamation of cooperatives) was given the charge of importing 10 lakh MT of urea. But the ministry cleared only five lakh MT for import. IPL imported the same for $385 per MT in May. By June, when state-owned PSU MMTC placed tenders, the price of urea was $335. By 22 June, when the state-owned STC issued the tender, the price fell to $303. Being a private player, IPL understands the market fluctuations well, but it earned a lot in commissions by placing the order in May. The loss to the government for not giving the charge of import to a PSU was Rs 300 crore.”

Incidentally, the CAG had pulled up IPL in 2011 for getting undue benefits to the tune of Rs 762 crore after fudging its tenders. The explosive CAG report had raised expectations in some ministry circles that wanted to bring reforms and transparency. However, as the recent loss shows, the stranglehold is yet to loosen.

Amidst all this, the Indian farmer continues to lose out, as it is his fertilisers that are getting diverted and hoarded, while he has to buy it at a higher price. In a year when the total amount of subsidy spent on fertilisers touched a whopping Rs 90,000 crore, his fields benefit minimally and he is left wondering where the promised subsidy goes.

vishnu@tehelka.com

(Published in Tehelka Magazine, Volume 10 Issue 27, Dated 6 July 2013)

 

#India – Activist, PMRD fellow, being victimised in Gadchiroli mining row #TISS #WTFnews


Gadchiroli, June 25, 2013

Pavan Dahat, The Hindu 

The mining row, which saw a senior executive of a company and two others being killed by the Naxals last week, has taken a new twist with the police now targeting an activist and a Prime Minister Rural Development Fellow (PMRDF) for alleged links with the Naxals.

A team of the Gadchiroli police’s special anti-Naxal unit — C-60 — claimed to have raided a village, Kovunwarsi, in Etapalli tehsil of the district on June 20 and arrested Sunil Yeshu Hichami (27) and Paika Majhi Pungati (45) over the allegation of collecting funds for the Naxals.

Police also claimed that Mahesh Raut, a PMRDF, and Harshali Potdar, an activist from Mumbai, were present in the village when they arrested the Naxals.

A leading English newspaper on Sunday reported that Ms. Potdar and Mr. Raut had been booked under Sections 13, 39 and 40 of the Unlawful Activities Prevention Act (UAPA).

But Aheri Additional Superintendent of Police Rahul Shreerame said that both of them were just questioned for some time and let off. Mr. Shreerame denied having registered any offence against Ms. Potdar and Mr. Raut.

Contrastingly, Superintendent of Police (SP) Suvez Haque said the police had, in fact, booked them under various offences “because they were found in the same village from where other two Naxals were arrested.”

However, Gadchiroli police PRO Dharmendra Joshi told The Hindu that both Ms. Potdar and Mr. Raut had been let off after some “preliminary questioning.”

A top district official of Gadchiroli told The Hindu on the condition of anonymity that the police had not registered any offence as reported by the English newspaper and as claimed by the SP.

This district official also questioned as to why both Ms. Potdar and Mr. Raut had not been taken into custody if the police booked them for such serious offences.

But Ms. Potdar and Mr. Raut (both alumni of Tata Institute of Social Sciences) and the villagers of Kowanwarsi had an entire different chain of events to narrate.

“As a PMRD Fellow, I often visit these interior areas. On June 20 also, I went to visit these villages one by one. Harshali, who is studying the environmental threat caused by the proposed mining projects in this area, also accompanied me to these villages. At around 9.00 a.m., we reached Kovunwarsi and decided to take a nap at the house of the village Patil. At 10.00 a.m., a team of C-60 came to the village and arrested some people. They asked for our identity cards and told us to proceed with our work,” Mr. Raut told The Hindu .

“When we were returning to Allapalli in the evening, the police stopped us and took us to the Pranhita Police Headquarters where they questioned us for more than 30 hours,” he added.

Police alleged that Ms. Potdar and Mr. Rauthad gone to Kovunwarsi village to meet senior Naxal leader Narmada Akka.

But Ms. Potdar, Mr. Raut and the villagers have denied these claims.

“They came to inspect village infrastructure. They were sleeping in my house when the police arrested some Naxals from another house,” said Joga Buklu Hedau, the village Patil.

Even the District Collector of Gadchiroli, Abhishekh Krishna, said that Mr. Raut often visited interior areas in the Aheri division for his work.

“His work has been the best among all other PMRD fellows who work under me,” said Mr. Krishna.

According to Amol Marakwar, a Zila Parishad member of Gadchiroli, Ms. Potdar and Mr. Raut were being targeted for their “visible opposition” to the proposed mining projects in Surajagad Gatta range.

“Harshali had very strongly raised objections to these projects in a public hearing in Allapalli last month. Now she has been harassed for publicly opposing it” said Mr. Marakwar.

Mr. Haque did question Ms. Potdar and Mr. Raut’s open opposition to the proposed mining projects in this area.

“How can they oppose the government’s projects despite being a part of the government?” asked the SP.

Ms. Potdar confirmed that the majority of questions addressed to her were related to mining.

“They even asked me why we had two CDs of Kabira Kala Manch and why I saved some of the contacts in my mobile phone as ‘Comrades’. They even had problem with some people greeting me with Lal Salam and Jai Bhim . They searched our house and our laptop is with them now,” said Ms. Potdar.

Presently, the police at Aheri headquarters calls the duo for questioning on a regular basis. Some times Ms. Potdar is asked to come to the police station even after 6.00 p.m.

The duo has not been told if they have been booked or not.

“They asked us to sign on a blank paper, but we refused” said Mr. Raut.

Mr. Marakwar called the police exercise “an attempt to destroy roadblocks against the proposed mining projects in the area” and a “blatant violation of Human Rights.”

 

#India – Dr Soonawala rape case in Mumbai shows how elite privilege works #Vaw


http://sunday-guardian.com/administrator/iupload/rape-case-final_1371904787.jpg

Illustration by Megha Roy Talukdar | Dev Kabir Malik Design

Police conduct, elite reaction and the manner in which this story was reported illustrate how hard it is for a poor woman to accuse a privileged man of rape in India, writes Richa Kaul Padte
Richa Kaul Padte  22nd Jun 2013
There are many stories within this story, often manufactured, and almost entirely contradictory. Perhaps then we should begin with the story that has been told the least: the story of a 26 year old woman who was allegedly raped by her general practitioner Dr. Rustom Soonawala on 17 May at 6pm at his clinic in Mumbai. The narrative begins clearly enough: on leaving the clinic, she told her husband what had happened. At 10.30 pm the same day, an FIR under Section 376 – rape – was registered at the Khar Police Station. The following morning, two police constables accompanied the survivor and her husband to Soonawala’s residence at Dadar Parsi Colony, where she identified the doctor as her rapist. Here, however, is where the story begins to splinter.

The constables sent the couple back to Khar, and told Soonawala that he must accompany them to the police station. Choosing to travel in his own car (questions around why an immediate arrest wasn’t made or why an accused rapist is permitted his own transportation remain unanswered), Dr. Soonawala revved up his engine with a police constable in the front seat and another in the back, along with two of his sisters. Here is precisely where all coherent narratives disintegrate, because over an hour later, the police officers returned to the station, saying that Soonawala had absconded. One account says that one officer had to leave the car to let a patient inside, and the other got out to prevent Soonawala from escaping. Another suggests that there was only ever one constable involved, who was lured out of the car on the pretext that everyone was getting out — before the car sped away. Any police account, however, raises several burning questions: why was the licence plate of the car not recorded? (‘We forgot,’ say the police) Why was the control room not telephoned with a description of the car to be halted at the next signal? (‘We didn’t think of it,’ they say).

On 11 June, over two weeks after the FIR had been lodged, the still-absconding doctor and accused rapist was granted anticipatory bail. And the shock-horror-anger following last year’s Delhi gang rape was nowhere to be seen.

Speaking at a public meeting organised by the Aam Aadmi Party on 18 June in Mumbai, Justice Suresh Hospet said, ‘This reminds me of what the first CPI Chief Minister of Kerala said: If in a court of law there is a rich, well-dressed, suited and booted person standing on one side, against an ill-clad, starving poor man on the other side, the court has an inherent tendency to lean in favour of the former against the latter. This is exactly what is happening today. It is the rich against the poor.’ As a member of the upstanding Bombay Parsi community, which has always held a position of social and cultural privilege dating back to British Imperialism, Soonawala’s respectability was vouched for from all sides. From a lawyer-community with personal ties to the doctor to medical professionals (‘if this can happen to him it can happen to us’: a perverse twist in the logic of vulnerability that normally exists between doctor and patient, says Sujatha Gothoskar from the feminist collective Forum Against the Oppression of Women) to the wider Parsi community, efforts to clear the doctor’s name were aggressive and multi-pronged.

{

The crux of the issue here lies not in Soonawala’s guilt or lack thereof, but in the fact that the law was prevented from taking its own course – singularly because of the social and economic standing of the accused.

Activists who had worked with Soonawala to strengthen laws against hawkers alleged that the case was fabricated by the hawker community in an act of vengeance. But the survivor is no hawker. She is a quiet, soft-spoken wife of a tailor from Orissa, with little money and no one to speak for her. In an unprecedented movement of support for a man accused of a crime that recently made every second Indian a feminist, over 300 people attended the first hearing for anticipatory bail in the Mumbai’s Sessions Court, where the victim was heckled from all sides. How does a judiciary rule in the face of such overwhelming, ‘respectable’ support?

he Order issued by the Mumbai High Court judge on 11 June was a regressive about-turn from the strides made by the Ordinance that resulted from the Justice Verma Committee Report. ‘Facts’ like ‘why didn’t she scream?’ and the 5 hour ‘lapse in time’ it took the survivor of a physical, sexual and mental assault to reach the police station took precedence over forensic evidence of semen on the examination table; an appointment book listing only the survivor’s name for the day; and clear police negligence in locating an absconding Soonawala. Other ‘facts’ cited were that the survivor was unsure about the extent of penetration, and that a forensic report dated 20 days after the incident found no traces of male DNA on her vaginal smear —factors that have been dismissed by the Supreme Court in several rape cases where the survivor is accustomed to sexual intercourse. In a note on the subject Justice Hospet writes, ‘In most…rape cases, there is the victim and the accused — and it happens in a closed room, and there are no eye witnesses.’ It comes down to what the judiciary believes. But as the evidence shows, this ‘belief’ does not exist free of classism and privilege. Aam Aadmi Party members Anjali Damania and Preeti Sharma Menon ask, ‘What if the case was reversed? What if a tailor raped a Parsi lady doctor? Would we say that he should get anticipatory bail? No, we’d say, “Arrest him and put him in jail immediately.”‘

Says Sujatha Gothoskar, ‘What [supporters of Soonawala] don’t seem to understand is that this sets such a dangerous precedent with much wider implications than the case itself…Whether you believe her or the doctor, let the law take its own course; let him be arrested.’ The crux of the issue here lies not in Soonawala’s guilt or lack thereof, but in the fact that the law was prevented from taking its own course – singularly because of the social and economic standing of the accused. Now being heard in the Supreme Court, if the current ruling is not overturned, will the Soonawala case be the new litmus test for rape cases of the future? Fast track for poor rapists, bail for the wealthy? The more support in court, harassment of the survivor and reportage from an uncritical media, the better the chance for acquittal?

If the public and media conscience and consciousness were so righteously raised by the aftermath of the Delhi gang rape, the Soonawala case shows the falseness and elitism of that consciousness to begin with. When it’s the tailor, the plumber, the masked villain in the night, the country (as represented by social media, at least) is up in arms against this ‘dishonouring’ and violent act against its women. When the culprit is ‘one of us’, the silence is chilling.

 

Vietnam: Escalating Persecution of Bloggers


Recent Arrests, Physical Attacks Require Strong Diplomatic Response
JUNE 19, 2013, HRW
Vietnam’s strategy of repressing critics big and small will only lead the country deeper into crisis. The latest arrests and assaults on bloggers show how afraid the government is of open discussion on democracy and human rights.
Brad Adams, Asia director

(New York, June 20, 2013) – The Vietnamesegovernment should unconditionally release recently arrested bloggers and end physical attacks on critics, Human Rights Watch said today. Vietnam’s donors and trading partners should publicly call on the government to end the use of the criminal law against peaceful activists.

Human Rights Watch called for the immediate and unconditional release of recently arrested bloggers Truong Duy Nhat and Pham Viet Dao, as well as internet activist Dinh Nhat Uy, and an investigation into allegations that police assaulted internet activists Nguyen Chi Duc, Nguyen Hoang Vi, and Pham Le Vuong Cac, whose security the authorities should protect.

“Vietnam’s strategy of repressing critics big and small will only lead the country deeper into crisis,” said Brad Adams, Asia director. “The latest arrests and assaults on bloggers show how afraid the government is of open discussion on democracy and human rights.”

Many of the arrests have come under Vietnam Penal Code article 258, one of several vague and elastic legal provisions routinely used to prosecute people for exercising their right to freedom of expression. Recent cases of arrest and assault include the following:

  • On May 26, 2013, Ministry of Public Security officers arrested blogger Truong Duy Nhat for “abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and/or citizens,” according to the Vietnamese newspaper Thanh Nien. The arrest at his home in Da Nang of the 49-year-old followed his posting on his popular “A Different Perspective” blog of a call for the resignation of Vietnamese Prime Minister Nguyen Tan Dung and ruling Communist Party General Secretary Nguyen Phu Trong, blaming them for leading Vietnam into worsening political and economic difficulties.
  • On June 7, 2013, five men believed to be police officers assaulted 26-year-old blogger Nguyen Hoang Vi (also known as An Do Nguyen) and legal activist Pham Le Vuong Cac on a Ho Chi Minh City street. According to Vietnamese bloggers, the attackers had been monitoring Nguyen Hoang Vi and her family for several days and beat her into unconsciousness, leaving wounds requiring hospital treatment. Nguyen Hoang Vi is a prominent Internet personality who was also attacked on May 5-6, 2013, after playing a leading role in an attempted “human rights picnic” in Ho Chi Minh City.
  • On June 13, police arrested 61-year-old blogger Pham Viet Dao at his Hanoi home, also for “abusing democratic freedoms,” according to an announcement by the Ministry of Public Security, thus signalling his likely prosecution under article 258. His website, like that of Truong Duy Nhat, had been critical of a number of Vietnamese political leaders.
  • On June 15, Dinh Nhat Uy was arrested pursuant to article 258. His younger brother,Dinh Nguyen Kha, had been sentenced to eight years in prison on May 16, 2013, for distributing leaflets critical of state foreign and domestic policies. Dinh Nhat Uy, 30, was arrested in Long An province after launching an Internet campaign calling for his brother’s release and posting pictures and notes on his Facebook account. He was accused of “distorting the truth and badly influencing the prestige of state organizations,” as the official news Agency VNA put it.

Article 258 is used to prosecute those whom the government maintains “abuse the rights to freedom of speech, freedom of press, freedom of belief, religion, assembly, association and other democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and/or citizens,” and provides for up to seven years’ imprisonment for those who commit this supposed offense “in serious circumstances.” Vietnam’s politically controlled courts routinely apply such provisions to imprison people for peaceful expression.

The government is increasingly cracking down on criticism of corruption and authoritarianism, Human Rights Watch said. Those recently targeted represent a spectrum of public opinion, as Truong Duy Nhat, Pham Viet Dao, and Nguyen Chi Duc formerly worked for the ruling authorities, Truong Duy Nhat worked in the official media, Pham Viet Dao was a government official, and Nguyen Chi Duc was a member of the Communist Party. Dinh Nhat Uy, Nguyen Hoang Vi, and Pham Le Vuong Cac reflect dissent among those in the younger generation without such ties.

“Donors and trading partners need to stand with those in Vietnam struggling for their rights and make it clear that no one should be arrested or assaulted for their opinions,” Adams said. “They should insist that the only future for countries trying to develop and modernize is a free and open society in which the authorities accept that criticism is a normal part of the political process.”

#India- Medical student sexually assaulted by four men at Manipal #Vaw


 

U

Daijiworld Media Network – Udupi (UM)

rape

Udupi, Jun 21: A young woman was allegedly assaulted sexually by four men late night on Thursday June 21 at Manipal here.

The girl is a fourth year MBBS student from Kerala, sources said.

It is said that at around 11.30 pm the girl had been waiting outside the Manipal University library, when an auto with four men came and stopped near her. The men, all said to be auto drivers, allegedly took her away forcibly and sexually assaulted her.

The identities of the men are not yet known, but the police is hopeful of catching them with the help of CCTV footage.

The girl was admitted to hospital.

Investigations are on.

 

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