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January 31, 2006

Newsletter of All India Secular Forum - January 2006

Newsletter of All India Secular Forum
January 2006


C O N T E N T S

1. Edits-Ayodhya ki Awaj, Ramdeo,
2. Forum News
3. Report – a. Shabri Kumbh- Ram Puniyani
b. Rang de Basanti -Digant Oza

4. Events
5. Articles
Communal Violence Bill
- Irfan Engineer
Indo-US Nuclear Deal
- Sukla Sen
6. Resources


Edits
1.
The 'Ayodhya Ki Awaz', a communal harmony group based
in Ayodhya was organizing a Communal Harmony program
in Kabir Math on 6th December, 2005 and 31 of its
activists were arrested. On 14th January, 2006 , in
the Shudra Mahasangh meeting many activists were
arrested amongst these was Mr. Jugal Kishore Shastri
who has played an important role in the Peace
activities in Ayodhya in last few years. This, seen
along with the role of state administration in Mau
riots indicates as to which direction wind is blowing
in the Mulaymam Singh ruled Uttar Pradesh.
Significantly Uma Bharti entered Ayodhya (Ram Roti
yatra) as a State Guest upon the conclusion of her
padyatra. Same Uma Bharati was hugging Murli Manohar
Joshi with joy when Babri Mosque was demolished. Same
Babri Masjid, for whose protection Mulayam Singh had
to order firing at one point of time! Now the unjust
ways of political calculation is on display with the
people working for communal harmony being put in jail
and the people indulging in communal politics are
being glorified?

2.
The comment by Brinda Karat that the Ayurvedic
medicines produced in Baba Ramdeo's factory in
Haridwar contains animal and human remains led to the
rampage by the followers of Ramdeo. Karat had made the
statement based on the testimony of workers in
Ramdeo's factory. Incidentally Ramdeo had sacked 133
workers, most of them women, who complained against
the violation of labor laws and hard working
conditions. The Sangh combine identified Yoga and
Ayurveda as being the symbol of Indian culture while
most other politicians kept quiet and the debate was
reduced to Ramdeo, Indian tradition versus Brinda
Karat and her opposition to 'Hindu' values. The core
issue of the labor laws and the fact that Indian laws
do not permit the use of Animal Human remains to be
made part of the ingredients was side tracked.
Ayurveda and Yoga came to the fore through this
debate. The correct issue has to be how to put the
Ayurveda and Yoga on the footings of critical
rationality rather than push it forward as a matter of
faith and self-proclaimed successes.

Forum News

On
4th Jan a NSS camp was addressed on the issue of
Communal harmony by Dr. Arif at Phulpur, Gaziabad
On
10 January All India Secular Forum, UP chapter
organized a one day workshop at with 73 participants
was held at Sultanpur. The theme of the meeting was
How to Halt the march of Communalism. The participants
pointed out that the Governments effort to reach
secular education is not very effective. The vested
elements have polluted the system with the result that
the contents have being heavily communalized. The
teachers are not able to stick to the secular content,
whatever little it be, due to the communal atmosphere
around. In the name of picnics the school children are
being taken to the temples of gods and goddesses.
While secular groups wake up after the riots and do
some investigation and relief, the communal forces are
active all the time. In the name of rehabilitation the
affluent and more powerful get some relief while the
poor remain sidelined. This does lead to
ghettoization. Teachers should talk about it in parent
teacher meetings. There is a need to undertake
awareness programs against the communal politics and
communal violence.

After
the all India meeting in Mumbai (2-3rd Dec.) the
minutes have been circulated and also the attempts for
zonal meeting of the forum are taking shape. The first
such meeting was held Ahmadabad on 30th January at
Gandhi Vidyapeeth convened by Digant Oza, Dr. Arif and
Dr. Suresh Khairnar attended as observers. Most of the
secular action groups and parties attended the meeting
(Details below).
• As a vehicle for communication amongst those
contributing for Secular values,
indiaseculardebates@yahoogroups.com has been
initiated.

• AISF Gujarat Chapter meeting on Gandhi Nirvan Din (
30th January, 2006) at Gujarat Vidhyapith. The names
of the organizations and individuals who were the
Signatories of the invitation for the inception of
Gujarat Chapter of All India Secular Forum were as
follows: -

Prof. D.S. Kare (President, Janpath - a networking of
over 200 NGOs active all over the state), Amarsinh Z.
Chaudhary (President, Gujarat Khet Vikas Parishad and
Former Member of Parliament), Sheeba George
(SEHERVARU), Ibrahim Shaikh (Muslim Mushavrat), Dinesh
Parmar (Behaviral Science Centre), Kirit Bhatt (
P.U.C.L. and Movement for Secular Democracy -
Vadodara), Sukhdev Patel (Gijubhai Bal Academy and
Gantar - Pioneer in the field of Childeren of Salt Pan
Worker and other deprived Classes), Jagdish Shah
(Shanti Abhiyaan and Gujarat Sarvodaya Mandal -
Vododara), Indukumar Jani (Editor : Naya Marg), Sophia
Khan (SAFAR), Samson Chritian (All India Chritian
Council ), Vasudev Charuka (Banaskantha Dalit
Sangathan), Vimalabahen Kharadi (EKLAVYA Sangathan of
Adivaasi - Sabarkatha), Chandrasinh Mahida (Saurashtra
Shramik Parishad), Dr. Hanif Lakadawala (SANCHETANA),
Advocate Bhushan Oza (INSAF Trust), Prof. Nisar Ansari
(Jamiat-E-Ulema-E-Hind), Advocate Nalini Jadeja (Akhil
Bhartiya Janvaadi Mahila Sangathan), Harinesh Pandya
(Agaria Hitrakshak Sangh), Suvarnabahen and Dwarika
Nath Rath (Movement for Secular Democracy), Sarup
Dhuva and Hiren Gandhi (DARSHAN), Bharat Pawar (Daangi
Mazdoor Union) and Digant Oza (All India Secular
Forum).

Almost 125 participated during the day long
proceedings which included Dr. Sudarshan Iyengar (
V.C. Gujarat Vidyapeeth), Prof. D.N. Pathak (P.U.C.L.
Chairperson in Gujarat), Gagan Sethi (Janvikas),
Nafisa Barot (Utthan and Pravah), Prof. Ghanshyam
Shah, Dr. Vidyut Joshi (Former V.C. Bhavnagar
Univercity) Prof. Dhaval Mehta, Prof. Rohit Shukla,
Rohit Prajapati and Dr. Shakeel Ahmed (Islamic Relief
Committe) among others.

Dawoodbhai and Pandu Chaudhari (Daang), Vasudev
Charuka (Banaskantha), Sophia Khan and Ibrahim Shaikh,
Ambubhai Patel (Salt Pan Worker from Surendranagar),
Uttam Parmar (Surat) and others made presentations
about the experiences in Gujarat at the begining of
21st Century in Various Social Sectors.

Urmila Patel (Former Union Minister), Prof. Hasmukh
Patel (Former Gujarat Minister), Pravin Rashtrapal
(Former M.P.) (All Congress), Arun Mehta (CPM - State
Sec.), Chintaman Pajenkar ( C.P.I.) and Gangaram Raval
(Socialist) represented the political sector of
Gujarat.

Ram Puniyani, Dr. Suresh Khairnar, Areefbhai and
Shabnam Hashmi were also present.

Seventeen Member Ad-Hoc Co-ordination Committee was
formed to usher in the activities of All India Secular
Forum in Gujarat. The Committee included:

Names of the Ad-Hoc Co-ordination Committee

1. Sophia Khan (Ahmedabad)
2. Vimalabahen Kharadi (Sabarkantha)
3. Nalinibahen Jadeja (Bhavnagar )
4. Kirit Bhatt (Vadodara)
5. Uttam Parmar (Surat-Kim)
6. Pandu Chaudhary (Saputara-Daang)
7. Ibrahim Shaikh (Ahmedabad)
8. Vasudev Charuka (Banaskantha)
9. D.N. Rath (Ahmedabad)
10. Rohit Prajapati (Vadodara)
11. A.O. Mathai (Ahmedabad)
12. Indukumar Jani (Ahmedabad)
13. Digant Oza (Ahmedabad)
14. Samson (Ahmedabad)
15. Harinesh Pandya (Janpath)
16. Utthan Rep. (Panchmahal - Bhavnagar )
17. Gantar Rep. (Surendranagar)


Friends
are requested to send their monetary contributions for
various activities of the forum. Also please send the
news related to secular actions in your area.

(Forum's annual membership fees-Rs.500/-
(organizations), Rs.100/- (individuals) to be sent to
CSSS, 9B Himalaya Apartments, 6 th Road, Santcruz (E)
Mumbai 400055)

-- Report Shabri Kumbh In Dangs A Kumbh for Shabri
Ram Puniyani

In the deep interiors in the district of Dangs preparations are afoot to hold the Shabri Kumbh on Feb 11-3, 2006. In a place called Subir, a small sleepy village 33 Kilometers from Ahva, the headquarters of Dang district, on the hillock, which earlier was called Chamak Dongar, a huge Shabri Temple has come up. Three stones, which were earlier worshipped as Shivar deo (the protector of the crops), have been rechristened as the one's where Lord Ram sat while eating the bers (wild berries) being given to him by Shabri. Nearby, six kilometers from the temple, on the banks of Purna, one small lake/pond has been spotted and has been called as being the place where Shabri's guru Matang rishi (sage) used to take bath and that will be the place where the Kumbh will be held. It is expected that 5 lakh visitors will come and take a dip in this thin stream river with stony bank. In Adivasi tradition Shabri was unheard of till few years ago. Tribal version of Ramayana is very different. In the currently popularized versions Dangs is supposed to be the derivative of Dandkaranya, mentioned in the Ramayana. The rhyming of the words is stretched to use the legends for inventing new tradition. Nearby, Unai, a place of hot springs has been projected as the creation of Lord Ram, who created this for the health benefits for sage Matang, the Guru of Shabri. The tasks of geologists to explain the features of earth, has been made easy. This place is being used for re-conversion of Adivasis into Hinduism. The whole lineage has been exactly located, where was Hanuman taking bath, what was the place of his mother, Anjani Devi etc. To shame the scientific archeology, even the marks of a place where Ram's brother Laxman sharpened his arrow has been identified and has been brought up as one of the holy places. The construction of temple and the place for Kumbh has been done by appropriating the property, land of the Tribal. At places the rich teak wood trees have also been cut for the twin purpose of temple and Kumbh. Reserved and protected forests have been cut mercilessly. Most of the program is being led by non tribal, the sympathizers of Sangh combine. The head office of this project is in Surat. The Chairman of local reception committee is a local contactor. One recalls that Dangs came to the lime light in 1998 for the wrong reasons, attacks on Churches and burning of Bibles. The Christmas day that year was chosen to beat up the Christians. Just two years ago, 1996, BJP had come to power at the center for the first time. Just a year ago (1997) Swami Aseemanand, currently Shraddha Jagran Pramukh (Chief of Faith Awakening) of Vanvasi Kalyan Ashram, the RSS affiliate working in the tribal areas, set up his camp here and began his activities for 'protection' of Hindu faith. The threat of area becoming Christians has been presented as a serious one. Incidentally at present total population of Christians in Dangs is just eight odd thousands and Christians are less than 0.5% of the total population of Gujarat as a whole. In the built up of the violence to follow in 1998 RSS volunteers spread themselves under different banners. The basic message being that Christian missionaries are converting by force and fraud. Tribal are essentially Hindus, Vanvasis. So the threat to Hindu religion, and what followed is too well known to recount. With BJP Government in the state and at that time even at the center, the necessary umbrella for protection of the acts of hooliganism was easily accessible. The process of Hinduisation of Adivisis has been a conscious ploy. One can see clearly the manipulation of legends and distortion of local beliefs to feed in to the politics of Hindutva in the region. Dangs happens to be amongst the poorest of poor areas requiring urgent steps to ameliorate its poverty and illiteracy. The problems of land rights and traditional forest rights of tribal have created a discomfort in the section of a population. The literacy being spread by Christian missionaries is a big obstacle to the suppression of their rights by the affluent sections who are big supporters of VHP and Hindu Jagran Manch (HJM). The contradiction in the interests of these two groups can not be reconciled easily. As such the basic problem has nothing to do with whether tribal are called Adivisis or Vanvasis, whether they believe in Christianity or Hinduism, the problem comes when they want to stick to their traditional rights, when they get empowered through education, the problem comes when they are organized to get their due. And here the role of Christian missions in empowering tribal cannot be excused by RSS affiliates, and so the Trishul Diksha, and so the spread of hatred against Christians as the foreigners, Hindu Jago Christi Bhago (Awake Hindus, Exit Christians). The RSS affiliates with vast human and monetary resources in their hands have no interest in going beyond cultural indoctrination and cooption of Adivasis, they essentially want to aid in the process of suppression of Adivasi rights by cultural manipulation. The spread of anti Christian sentiments, which form the base of violence now and then, are a cover to keep the Adivisis in a state of illiteracy and destitution. While they need the basic necessities, they are getting a Kumbh. (The Citizens Inquiry committee Report available with Anhad, 4 Windsor Place, Delhi, soft copy available on request
-- Gujarat Today Raang De Basanti
- Digant Oza
Believe it or not it happened in Gujarat, a laboratory of Hindutva where communal divide and polarization is suppose to have been complete. It was an evening show of actor Amir Khan's newest blockbuster "Raang De Basanti", former Gujarat Minister and present office-bearer of Bhartiya Janata Party – Gujarat Branch was watching with his better-half. When on the issue of Mig-disaster the filmi Defence Minister while defending himself and his Government blamed the pilot, there was anger allover both on the screen and also in the theatre. Finally when Amir Khan and his colleagues killed the Minister in La-Bhagat Singh style, there were shouts among the audience "Narendra Modi Ne Batavo (show it to N.M.) Narendra Modi Ne Batavo." Embarrassed very much the BJP leader from Saurashtra walked out of Theatre, in a huff, before the film was completed. Young spectators, both girls and boys, who were laughing in the first half of the film were so involved in the second half that they hooted BJP leader when he was leaving the Multiplex. This also happened in Gujarat . The Dariapur police station perhaps never ever had such a festive look. Girls with hennaed hands put their impressions on its walls as they got ready for "bidaai" and "rukhsat" on Monday. Twenty Hindu and Muslim couples tied the knot at the first-ever such mass marriage, hosted by the police. It was quite a sight as auto rickshaws with the names of brides and grooms left the police station with the newlywed couples in them. The event was a part of the confidence building measures by the police, after its image suffered a lot in the post-Godhra riots, Dariapur is considered to be one of the most communally sensitive areas of the Ahmedabad. Decked in red wedding attires, the young brides were not shy in sharing their feelings or thanking the families who had come to witness the coming together of the two communities in Dariapur, an area in the old city which witnessed large scale communal tension after the Sabarmati train carnage in February 2002. Prior to the wedding, the young girls spent several days together, shopping, sharing meals and even discussing their family lives "We enjoyed teasing each other. The mehendi ceremony brought us close as we danced to celebrate each other's happiness," said Taslim Shiekh who married Altaf Sheikh of Juhapura. The brides said that they were thrilled to be a part of a mass marriage and were confident of bridging the communal divide. Organised by the Dariapur police as an attempt to bridge the divide between the two communities, several senior police officials attended the marriage ceremony and stated that if 'vivaah' and 'nikaah' can be arranged under one roof then Hindus and Muslims can also live together. "I had never imagined that I will sign the nikahnama outside a police station," says 20-year-old Kausarbano Ajmeri who married Imran Ajmeri, a resident of Dariapur. The couple were excited to see Hindu marriage rituals being performed in an adjacent pandal. Kausar, along with nine Muslim brides of underprivileged families, married youths of their own community. Ten Hindu couples also tied the knot at the same venue. They said that they were thrilled to be a part of a mass marriage and were confident of bridging the communal divide. Two separate areas were prepared by the students of C N School of Fine Arts for the occasion. A massive 'shamiana' for 10 Muslim couples, who tied the knot according to Islamic traditions, while 10 sacrificial fire enclosures for Hindu marriage ceremonies were readied. Local residents also attended the mass marriage and assisted the police. Many families from the city offered gifts like clothes, jewellery, utensils and furniture to the couples. The guests worked as hosts and even offered food to families who were getting their children married. Bhavna Parmar, who married Rakesh Parmar of Mehsana said, "The trousseau we have received will remind us that our marriage was a glittering moment as thousands of families from across the state wanted us to tie the knot." "We want to break the myth that Hindus and Muslims live a cat-and-dog life in Gujarat. Marriages and celebrations always bring families and communities together," stated police inspector V D Vanar. The three-hour ceremony was attended by several senior IPS officials, State Revenue Minister Kaushik Patel and BJP MLA from Asarva, Pradeepsinh Jadeja. "Our area is infamous for a history of riots erupting over minor differences. Dariapur is considered synonymous to stone pelting and Hindu-Muslim scuffle. Now we have something positive to speak about," said Tanvir Momin, a 52-year-old Dariapur resident who lost his son during the communal tension. "During the 2002 riots, many houses in my locality were set on fire and hundreds of Muslims were killed. We always felt that police is not doing its duty. But today I might not have been able to get married in such a grand fashion but for the cops," says Omar Syed who married his neighbour. "The generous donations reflects that small initiatives for peace are being encouraged by citizens," added Vanar.
-- Events o Central Home Minister Shivraj Patil was in Mumbai where he called a meeting of state officials of Western states, and the social activists. In the meeting the suggestions coming out from the meeting organized by CSSS in Mumbai and the one organized by Movement for Peace and Justice, Initiative on Communal violence bill were presented. Incidentally the Gujarat Chief Minister did not attend the meeting and the officials deputed by him said the proposed bill is anti Gujarat! o A Day long consultation on Communal Violence bill was organized at YMCA, by CSSS, Mumbai on 14 th Jan o A meeting was organized on 20th Jan to discuss the Communal Violence bill, Convener, anees.mohammed@rediffmail.com o Sameep Pratishan organized a Youth camp at Yusuf Meharali Center, Tara, and Panvel from 23rd Jan to 27th Jan. One of the topics covered extensively was on communal harmony. o Consultation on Democracy-Secularism 26-27 Jan: Anhad, 4 Windsor Place, New Delhi 110001 e-mail: anhad_delhi@yahoo.co.in website: www.anhadindia.org o In Defense of Democracy, a poster exhibition (From Anhad) is now available with Pradeep Deshpande (Mumbai, < proton54@gmail.com> held on 30th Jan, at Salokha. This exhibition will be available for use in different schools and colleges.
-- Forthcoming o Nirman: 2006 a Wardha based organiastion is organizing a meeting of activists and students some of whom have been participating in the communal harmony camps, to chalk out a plan of action for the forthcoming year. The meeting will be held on 5 th Feb. at Yatri Niwas, Oppo-Bapu Kuti Wardha. o International Conference on Peace and Justice in South Asia, Mumbai, India Three- day conference: Goregaon Mumbai, From February 24th to 26, 2006. For details contact, Vikas Adhyan Kendra, D 1 Shivdham Apt, Link Road Malad (W) Mumbai, ph 022 28822850 -- Articles Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005: Old Wine in New Bottle Irfan Engineer After the earlier draft Bill presented by the UPA Government – Communal Violence (Suppression) Bill 2005 was severely criticized and rejected by the activists and organizations working amongst the victims and survivors of the communal violence, the UPA Government has come up with another Bill with cosmetic changes at best. The thrust of the Bill is to prescribe more stringent punishment for the offences related to the communal violence and empower the state with more powers to deal with the situation. The proposed Bill also provides for special courts, witness protection and relief and rehabilitation of the survivors of communal violence. The emphasis of the Bill is more on control of riots after the outbreak of violence – rather than prevention – by providing for more stringent punishment after the riots have occurred. Hitherto, the problem was never of lack of stringent punishment, but lack of prosecution and punishment for perpetrators, conspirators and abettors of offences leading to communal violence. Lack of certainty of punishment rather than quantum of punishment was a malaise that encouraged the communal forces to resort to and benefit from hate crimes. If (and only after), one or more scheduled offences are being committed in any area by a person or a group of persons, on such a scale which involves the use of criminal force or violence against any religious group resulting in death or destruction of property with a view to create disharmony or feelings of enmity hatred or ill will between different religious group and unless immediate steps are taken there will be danger to secular fabric, integrity or unity of India, then by notification, the State Government can declare such area to be a communally disturbed area. On such declaration of area as communally disturbed area, the Act enables the State Government can take all measures which may be necessary to deal with the situation and appoint one or more of its officers as competent authority. It is to be noted here that for an area to declared as a communally disturbed area, there has to be commission of scheduled offences in the first instance and of such a scale that amongst other criteria, it should be such that unless immediate steps are taken, there will be a danger to the secular fabric, integrity or unity of India. Only extreme situations like Gujarat may qualify for declaring an area to be communally disturbed area. Otherwise the Act will not be applicable. In our opinion, the threshold for application of the Act has to be reduced and the Act should be applicable not only after the offences are committed but even if there is an apprehension and likelihood that the offences will be committed. Once the offences are being committed on the scale to qualify for declaration of an area as communally disturbed, there might have been substantial loss of life and property already which could be save by timely intervention. Once the area is declared as communally disturbed area, the State Government may request the Central Government to deploy armed forces of the Union to control the violence. But the State Government could always do so, and the Bill does not invest any new power in the State Government. In fact as per S. 130 of the Cr. P. C., even an Executive Magistrate has the power to requisition the armed forces of the Union for maintenance of law and order. Chapter III of the Bill – Prevention of Acts Leading to Communal Violence – is a complete misnomer. As pointed out above, it comes into effect only in area declared as communally disturbed area. Therefore no preventive actions are contemplated. The provisions of this chapter invests the competent authority with several powers to regulate religious assemblies, use of loudspeakers etc. once the area is declared as communally disturbed area. Most of the powers invested in the competent authority are in any way available to the police and Executive Magistrates in the Cr. P.C., including that of requiring arms to be deposited with the police station, search and seizure of arms, prohibition of carrying of arms, corrosive substance or explosives, stones or other missiles etc. in that sense, the Bill creates an additional authority to exercise the powers available in the Cr.P.C. to the police or Executive Magistrate and or District Magistrates. The Bill invests lot of discretionary powers to the competent authority, which is likely to be misused against the minorities, like exempting an individual or a class of individuals from the operations of prohibitory orders. The Competent Authority also has discretionary powers to permit public worships and prayers in a public place, use of loud speakers etc. violations of orders of the Competent Authority has penal consequences. Sections 21 of the Bill fill the much needed vacuum in making public servants or any other person accountable if they were authorized by a competent authority to act if the authority vested in them is exercised in a mala fide manner and which is likely to cause harm and injury to any person or property; or willfully omits to exercise authority vested in him and fails to prevent communal violence or breach of public order can be punished with imprisonment up to three years. However, there is a catch. Firstly sanction of the State Government will be necessary before any court can take cognizance of any offence under this section. The State Government has to dispose off any request for the sanction within thirty days. However, what happens after the passage of thirty days is not clear. Secondly, only public servants acting under the authority of competent authority can be prosecuted under this section. Therefore menial and lower rank officials may be prosecuted under the provision of this section. However, others who were not acting under the authority of the competent authority cannot be prosecuted at all, particularly, the higher ranks of the bureaucrats and the politicians who are more often than not, responsible for the outbreak of communal violence in the first place are not within the teeth of the Bill, even theoretically. Provisions pertaining to relief and rehabilitation set some standards for rehabilitation, though inadequate. However, the communal Disturbance Relief and Rehabilitation council to be set up by the State Government will be dominated by the bureaucrats rather than experts and concerned activists from the civil society who have knowledge, concern for the victims and expertise in the work of relief and rehabilitation. To sum up, the Bill empowers the state with more stringent powers. The state has failed in controlling occurrence of Gujarat in 2002 and anti-Sikh genocide in 1984 not because of lack of powers, but on account of lack of will in order to reap political benefits of the violence in both the cases. What is necessary is not more powers to state but vesting of powers in the hands of an independent authority which may include National and State Human Rights Commissions and other independent institutions / individuals with a proven commitment to Human Rights and peace. -- Indo-US Nuke Deal: Its Impact and Implications Sukla Sen The much talked of July 18 joint statement issued by Manmohan Singh and George Bush, as the culmination of the Indian PM's visit to the US last year, is, in fact, a wide-ranging one. Nevertheless only a specific portion of this document, etching out the contours of a (possible and promised) nuclear deal between the two countries has attracted widespread and disproportionate attention. The reasons are not too far to seek. The promised deal just not only runs counter to the current global non-proliferation order, it will also call for a radical revision of the domestic laws of the US itself and its policies in this regard hitherto. While the deal has met with very considerable ebullience, mainly from India's ruling circles, it also continues to face stiff opposition, on very divergent grounds, from all the three major quarters: India, US and the 45-member Nuclear Suppliers Group (NSG). Apart from these, the global anti-nuke peace movement is also highly apprehensive of the deal. Within India, while the government and much of the nuclear establishment and its apologists have welcomed the deal with great gusto, the opposition came mainly from the rightwing "nationalists", the extreme nuclear hawks - and also major sections of the Left, albeit in a fairly muted tone. The support has been justified on mainly two grounds. The deal, if comes into force, will confer a sort of quasi-recognition as a nuclear weapon power on India by the international community, which it has been denied all along. This will also de-hyphenate India from Pakistan. A dream for the Indian elite. At a more mundane level, this would be a lifeline for India's nuclear power plants, given the paucity of fuel - naturally occurring uranium, available indigenously. The opposition claims that it will restrict India's 'sovereign option' to keep on endlessly piling up the weapon of deliberate mass murder and also hinder the prospect of further upgradation from the present level of fissile weapon to fusion weapon, or Hydrogen Bomb. >From the Indian side, the main driver is its elite's mindless obsession with attaining a full-scale nuclear status - global recognition of its nuclear weapon capability and continuing programme, and also safeguarding and promoting its nuclear energy industry. From its point of view, a closer relation with the US, even as a sub-junior partner, will serve also the other major 'strategic goals' viz. emerging as a mini-hegemon in Asia / South Asia, firmly establish its clear superiority over Pakistan, the traditional rival and neighbour - one-sixth of its size in terms of population, and neutralise (much stronger) China - to whatever extent possible. India will, however, not like to completely surrender its autonomy of options within this broader framework, in so far as these are perceived to be in alignment with these 'strategic goals', and engage with other regional/global powers - including Russia, France and even China, who pose varying degrees of challenge to the global hegemon. Indian Prime Minister's recent sojourn to Russia goes to further underscore this aspect and the complex nature of the game it is out to play in the global arena. It goes without saying that from the perspective of the peace movement, this is a very worrying development. On the one hand, it aids, abets and further encourages the neocon coterie-led US drive for an unfettered global Empire and, on the other, signifies India's transmutation from a champion of the global underdogs and consequent emergence as a continually growing threat, as exemplified through its earlier rejection of the CTBT in 96 culminating in the May 98 nuclear explosions, to the prospects of regional and global peace and nuclear disarmament in its own right - US, or no US. Note: For a fuller and comprehensive treatment of the issue, refer to 'A Deplorable Nuclear Bargain' by Praful Bidwai at < www.epw.org.in/showArticles.php%3Froot%3D2005%26leaf%3D07%26filename%3D8920%26filetype %3Dhtml> and also Wrong Ends, Means, and Needs: Behind the U.S. Nuclear Deal With India by Zia Mian and M. V. Ramana at . -- Resources : The Untold Story of Hindukarn (Proselytisation) of Adivasis in Dangs, Gujarat. A report of 2 Fact finding teams who investigated the Shabri Kumbh, being organized at Subir, Dangs from 11-13 Feb. 2006. Copies available from Anhad -- Request Pl. send your material for publication in the newsletter. It should reach the team by 25 th of the month. < ram.puniyani@gmail.com>
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(Editor-Ram Puniyani. Advisory Team-L.S.Hardenia, Digant Oza, Irfan Engineer) -------------------------------------------------------
C/o Centre for Study of Society and Secularism 9B, Himalaya Apts., 1st Floor, 6th Road , Santacruz (E), Mumbai:- 400 055. E-mail: csss@mtnl.net.in Website: www.csss-isla.com

January 30, 2006

India: Haunted by the politics of hate

(New Statesman - 30th January 2006)

Haunted by the politics of hate
NS Special Issue
Ziauddin Sardar

Religion - Behind the prosperous facade lurks an ugly strain of Hindu fundamentalism, argues Ziauddin Sardar

The old year closed with the discovery of a mass grave. On the banks of the Panam River in Gujarat, Muslim villagers of Pandharwada found the skulls and bones of relatives who had been declared "missing" by officials, but who had in fact been massacred by Hindu fundamentalists. As the remains were being unearthed, elsewhere in the country the Hindu fundamentalist Bharatiya Janata Party (BJP) was celebrating its silver jubilee.

India, the ancient land of spiritualism, is home to many religions - Hinduism, Islam, Jainism, Sikhism, Buddhism and Christianity. But the emergence of Hindu fundamentalism has made religious hatred and riots commonplace, and it threatens to undermine the multi-religious and multicultural nature of India itself.

Needless to say, not all Hindus are fundamentalists. Hinduism is probably more diverse than most faiths, and even Bollywood promotes a variety of Hinduisms. However, religious fundamentalism wedded to an ideology of Hindu nationalism is now a strong presence in India, and that is thanks largely to the BJP. Founded in 1980 (the name means "Indian People's Party"), it held power from 1998 to 2004. Its ideology of Hindutva, or Hindu nationalism, is based on the idea that all Hindus are one and that India, therefore, is an exclusively Hindu nation that should be ruled by a Hindu government. The BJP is umbilically linked to the Rashtriya Swayamsevak Sangh (RSS), the Hindu militia known for their extreme violence.

The party began as an ostensibly secular party, pledged to follow Gandhian socialism, but this soon revealed itself as a posture designed to hide its support for the violent communal politics of the RSS. That connection became evident when the BJP branded Muslims as "invaders" and "outsiders" and began openly to preach hatred against them.

Hindu chauvinism, and support for the BJP, is not a pheno-menon of rural areas and "ignorant people", as is commonly assumed. It is above all a middle-class cause, endorsed and promoted by educated, cultured businessmen and politicians. On the whole the rural masses favour the Hindu gurus who dominate Indian television - certain channels are exclusively devoted to the discussion and promotion of Hindu spirituality. It is the news channels, catering largely to the Indian middle class, that promote more communal brands of Hinduism. The message is always that other religions, such as Islam and Christianity, are an imposition on "Hindu India". This is the spectre that haunts India.

It has already claimed countless victims. Its most pernicious manifestation is the Ram Janmabhoomi movement, launched by the BJP. Its followers claimed that Muslims had built a mosque on the site of the birthplace of the Hindu deity Ram, in Ayodhya, Uttar Pradesh. They also demanded that this mosque, known as the Babri Masjid, be converted to a Hindu temple dedicated to Ram. The agitation stirred a series of religious riots that reached their climax with the destruction of the Babri Masjid in December 1992. In this campaign the BJP not only openly encouraged Hindus to kill Muslims, but played a prominent part in the killing. Last 6 December the party celebrated the anniversary of these events as Shaurya divas, a day of bravery that all Hindus should be proud of, and the party has produced a list of 3,000 other mosques all over India that it aims to convert into temples.

The western Indian province of Gujarat is the laboratory of Hindutva policies. The BJP has ruled the state for the past decade and its chief minister, Narendra Modi, is a champion of violent Hindu nationalism. It was in Gujarat that Muslims were openly and systematically massacred in March 2002, in one of the worst incidents of inter-communal violence in recent times. A report from the National Human Rights Commission pointed out that the killing of Muslims was led by "well-organised persons, armed with mobile telephones and addresses". The police and the state government collaborated with BJP workers in orchestrating the massacre of more than a thousand Muslims. Since then there have been numerous other atrocities against Muslims.

Following the Gujarat massacres, Muslims in India have suffered a deep existential crisis. Despite comprising more than 11 per cent of the population - no fewer than 123 million Muslims live in India - and despite their high visibility in Bollywood and at cricket matches, Muslims are not integrated into the mainstream of politics and public institutions. They are also the least educated community in India and have pitiful representation in the police and in public and civil services. Not surprisingly, most Muslims complain that national and regional institutions discriminate against them and that they have been left behind in the phenomenal economic growth of India. Hence, there is no such thing as a Muslim middle class.



Islam in India is largely traditionalist and Islamist extremism is rare, coming solely from the province of Jammu and Kashmir, where various radical groups are fighting for independence. Kashmiri Islamic militants have been responsible for several terrorist attacks, most recently the bombings that killed 66 people in Delhi in October. Such actions have profound consequences for all of India's Muslims, who are easily represented as complicit.

In a general way the response of Indian Muslims to the rise of Hindu chauvinism has been to implode. They have retrenched into obscurantist dogmatism and ossified tradition, and Indian Islam is therefore in an acute state of crisis. Meanwhile the conventional ally of the Muslims in Indian politics, the Congress Party, has failed to address their issues. The Congress government has perpetuated division along religious lines by allowing religion to dominate the political agenda. Its strategy towards Muslims is to treat them as a minority with special religious needs. This has further strengthened the Hindutva notion that Muslims are alien to India, always pleading a special case, and that their demands should not be tolerated.

The forces of Hindutva are not content with attacking Muslims. They have other religions in their sights. Their next targets are Christianity and the tribal people of Gujarat. Christianity is now being projected as a dangerous foreign conspiracy aiming to destabilise India. Christian missionaries, pastors and nuns, like Muslims, are labelled invaders, and their healthcare and education programmes are dismissed as bribes for conversion. Other religions, such as Jainism (there are four million Jains in India), Sikhism and Buddhism, are also being targeted. Last August the Supreme Court rejected a plea on behalf of the Jain community to advise the central government to designate Jainism as a distinct minority religion. The legal move was motivated by concern that Hindu fundamentalists were trying to assimilate Jainism into Hinduism.

The ideology of Hindutva is not new. It has been a feature of writing about India for centuries, and its strongest proponents before the emergence of the BJP were Christian missionaries and British utilitarians. It is also featured in James Mill's influ-ential History of India, which won him a lifelong job with the East India Company. The British propounded this totalising vision of India as the best framework for determining how to manage the country's complexities.

As India develops into a major economic power its people face many important choices. Not least of these will be whether they embrace the totalising vision that propelled an earlier era of economic dominance in India, or opt for an alternative vision of nation and self. The politics of religious hatred and chauvinism is sure to dominate the debate in the years ahead.

January 29, 2006

A Secular State Has To Safeguard Minority Rights

(Peoples Democracy
January 29, 2006)

A Secular State Has To Safeguard Minority Rights

Teesta Setalvad

SIX decades of a secular democratic republic should mean serious advancements for the majority of Indians in terms of their socio-economic basic rights to life and dignified survival [i.e. life, livelihood, education, health and opportunity] and equal non-discriminatory opportunity. A socio-economic audit that stares India in the face due to the dedicated work of academics and political activists and formations firmly rooted as Left shows an abysmal failure in this area. Time it is not simply to take stock of the genuine non-realisation of socio-economic basic rights of all Indians but their marginalisation and discrimination from mainstream India’s consistent public eye.

The structures of the Indian media, especially since the aggressive assault of globalisation since the late eighties, reflect and typifies the growing and callous disregard of urban consumption driven Indians to the wider realities of India. Disturbing as this is, it is the deep alienation that the political structure(s) of our democracy have increasingly developed from the mass of Indian people that have led not only to the steady de-democratisation of Indian democracy but the utter alienation of masses of our people from voice, access, and rightful and fair demand.

It is not only the Indian political class and parties that often and easily come in for bashing and criticism that are at issue — though they cannot escape their role in bearing their 5-year electoral responsibility once they are elected lightly and without conscience, even reducing parliament and legislatures to a joke — but the executive itself, the government, its existence, role, and day to day functioning that is completely colonial and dictatorial, far from reach, accountability and transparency to the very Indian people from which it ostensibly draws strength. As serious is the deep alienation that the mass of the Indian people have from access to the institutions of redressal(s), the august Indian judiciary where a failure to have public audits and stock takings, resistance to any level of transparency has contributed to its overall degeneration.

It is no wonder that the words of Dr Ambedkar come to haunt us in this sixth decade. When he made the brute proposition that mere political independence is not enough, it is not what the Indian people can or should be satisfied about, rather what we need is social, economic indepednece from the clutches of political and societal structures of discrimination and denial that he was brutally and consciously sidelined, some even dubbed him a traitor. At issue today on this critical day of India’s republic is basic public transparency and audits of every government decision, social, political and economic made with the sovereign power of the Indian people.

HIGH TIME FOR PRO-PEOPLE CHANGES

Though our constitution enacted fifty five years ago gave us some fundamental rights, it restricted basic, socio-economic rights to a duty or obligation of the Indian state, its directive principles. It is time to consider fundamental changes in the constitution to include the right to free and quality education to all, free and quality health to all, free and quality livelihood to all as fundamental rights that can be enforceable. State policies and policies of institutions of education, health and livelihood can then be audited publicly against all these fundamental rights.

Merely granting rights on paper, even if it is the august pages of the Indian constitution, is simply not enough. To enforce rights accorded in lofty charters or documents, any state that means for its people to actualise these rights must provide for mechanisms within our so-called democratic structures and systems with mechanisms for enforcing these rights. It is only then that rights come alive, that equity and non-discrimination are given life and blood.

Take for example the current raging debate on reservations for Muslims, a vast majority of whom, no one denies, fit the category of socio-economic backward classes. No, say the liberals and progressives, the burden of the memory of partition is too great, do not use the word reservations, say instead affirmative action. Accepted. How then are we going to ensure that in every walk of life our institutions of state and private enterprise—be they government, industry, education, health, bureaucracy and the law enforcement machinery — will in fact come alive to this notion of providing affirmative action? How will they ensure that the pathetically low presence of all religious minorities, especially Muslims, in all walks of life, where a glass ceiling of prejudice is in place, should not be a Muslim concern but a matter of public, Indian secular shame?

Consider this history. Having given ourselves a constitution in 1950, we began our serious engagement as a society, a people and a civilisation with inviolable notions of human dignity enshrined in the right to life, freedom, equality, non-discrimination, freedom of faith and so on. Even as we entered into this solemn contract we recognised our flaws and failings and that is why at the outset we enacted sub-sections as amendments to the initial articles: articles 15 (4) and 16(4-A) in 1951 and 1995 respectively.

These articles in the section on fundamental rights, including article 16 (4), which has been there since the inception of the constitution, qualify the articles on ‘prohibition of discrimination on grounds of religion, race, caste, sex or place of birth’ (article 15) and ‘equality of opportunity in matters of employment’ (article 16) by empowering governments to make special legislative provisions for scheduled castes and tribes and socially and educationally backward classes (SEBC) of citizens.

CONSTITUTION DEBATES

The drafting history of article 16 (4) reveals that all members of the Constituent Assembly, which included Vallabhbhai Patel (the chairperson of the committee), K M Munshi and Shyama Prasad Mukherjee among others were unanimous in their opinion that ‘socially and economically backward classes of citizens’ included minorities as a category. A serious apprehension then expressed by Frank Anthony at the ‘non-inclusion specifically of the term minorities’ should seriously prick all Indian consciences if one pauses to consider the plight of minorities today.

Why has the crucial drafting history of this article not influenced, in any way, judicial pronouncements, political discourse or executive action in post-Independence India? Has there been in any sense a silent denial of not simply the political de-privileging of India’s largest minority, Muslims, but a denial compounded by an absence of serious concern over the Indian Muslims’ socio-economic index? The debates in the Constituent Assembly that began in 1946 and concluded with the final draft of the Indian constitution in October 1949 were conducted in parallel with a violent upheaval on the ground. That upheaval was bitter and bloody with unprecedented communal bloodshed resulting in the partition.

This is what, we are told, influenced the tenor and spirit of the Constituent Assembly debates and led to the inclusion, non-inclusion, specification and non-specification of crucial issues relating to the political safeguards for the minorities. Ironically, the religious safeguards, including the non-interference of a ‘secular’ state in the personal laws of religious communities, a non-interference that has directly impinged on the rights of all women, was vigorously debated and demanded by Muslim leaders.

These political safeguards that earlier were sought to be included and figured in the first draft of our constitution, published in February 1948, have a specific relevance when we consider the abysmal social and economic indices of the Muslim community in India today. Among the political safeguards included and then dropped was that of representation (not reservations) of all minorities in central administrative and provincial services, with the further stipulation of a special security officer at both the central and provincial levels to monitor and report on the status of minority presence in the services. It is such measures to ensure that non-discrimination can be agitated against that are the need of the hour. Similarly to access judicial redressal and ensure transparency from the law enforcement machinery, independent human rights officers, owing direct allegiance to the National Human Rights Commission [NHRC] must be appointed to all courts and police stations who record public complaints of misdemeanour. These must be responsibly assessed and a public audit made — periodically.

The National Sample Survey conducted in 1998 reveals shockingly that though Muslims are more than 12 per cent of the total population, their representation in the IAS is only 2.86 per cent and in the IPS, 2 per cent. A shocking 52 per cent Muslims live below the poverty line as compared to 30 per cent of other Indian communities. Worse still, their representation in government jobs, armed and police forces, and Indian administrative and foreign services (IAS and IFS), has at no time exceeded 4.5 per cent during the last 50 years.

Contrast this to the zippy run-up and in swing of Irfan Pathan, from a bruised and battered Vadodara in Gujarat, who is among the icons of Indian cricket nationalism today. Or the Aamir, Shah Rukh and Salman Khans, who are the heartthrobs of millions! Clearly, in fields and arenas of free and fair play, Muslims can and do excel on their own and need no prop.

INDIAN STATE’S RESPONSIBILITY

It is where the Indian state has a role and responsibility, whether in building enough of the right kinds of schools in areas where Muslims reside (a similar disinterest is noticed when it comes to Dalit or tribal education) rather than police stations, or in employing Muslims in public services that the Indian state has well and truly failed.

The issue of the absence of Muslim presence in state and central administrative and police services, the army even, as also the issue of the social and economic backwardness of the community as a whole is not an issue of only Muslim concern. Fifty-seven years down, if we consider ourselves an enlightened democracy, a stable democracy, the socio-economic index of the largest Indian minority ought to be a concern for all of Indian society because this ultimately is the litmus test of both enlightenment and stability.

At another level, however, there remains the critical issue of the ‘creamy layer’ among Muslims, that is strongly voiced in the opinions of people like Shabbir Ansari of the All India Muslim OBC Federation and Eijaz Ali of the All India Backward Morcha - United. Both for the reasons so eloquently put forward by them, as much as for the fear that such reservations may actually heighten communal polarisation, it would be well to frame the argument for reservations in terms of social and economic backwardness and not in religious terms.

But to speak of the Muslim socio-economic index and argue for reservations for the socially and economically backward among them while we remain silent on the issue of adequate representation for Muslims as Muslims in critical public areas as mentioned above would, I think, be, as it was 60 years ago, missing the wood for the trees.

Let’s face the facts. Serious cracks have threatened the very fabric of Indian democracy and these have developed around the critical issue of the inability of the state to adequately protect the life, property and dignity of its religious minorities, both Muslim and Christian.

For the Muslim or the Christian, be she or he from Malabar Hill in Mumbai, Naroda Patiya in Gujarat, or Jhabua in Madhya Pradesh, life or survival with dignity are constantly under threat. Faced with these nascent trends in the early eighties itself, the National Police Commission (1981) had voiced its view against reservations in the police force but clearly stated: "The composition of the force should reflect the general mix of communities as it exists in the society and thereby command the confidence of different sections of the society."

What has any government done to implement this recommendation? Instead, we have a state like Gujarat that has systematically disenfranchised Muslims out of the police and state administrative cadres over the past decade (See "Genocide Gujarat 2002," Communalism Combat, March-April 2002).

The issue of a rich and varied, multicoloured Indian police, Indian administrative service, Indian army, as also the average school classroom is, or should be, as much of a concern for Hindu India, because it is an issue related to the revival and revitalisation of Indian democratic institutions and Indian democracy – not merely because it also means giving a fundamentally better deal to Indian Muslims.

FACTS WELL CONCEALED

And while on the subject of religion-based reservations, a well-concealed fact that needs to be admitted into the debate and rhetoric is the constitutional and unfair privileging of Hindu, Sikh and neo-Buddhist scheduled castes even as the Dalits among Muslims and Christians are denied their fair share on grounds of their faith.

(There are other Indian laws, too, that unfortunately privilege the Hindu majority including sections of the Hindu Undivided Family norm that benefits Hindus under the Income Tax Act as also the late seventies’ amendment to the Special Marriages Act that privileges the Hindu partner in a ‘secular’ marriage but I will not go into these details here.)

The whole issue of reservations per se has caused much resentment among the middle class youth who perceive this practice as a denial of their fundamental right to education, employment and promotion based on merit. In a country like India, with wide disparities in class, caste, region, etc., where there are just too many candidates for the proverbial share of a limited and shrinking cake, what should the outer limit on reservation be? Put differently, how many seats should there be for the ‘open’ category?

Resentments over job-driven reservations also simmer as latest National Sample Survey data show a much higher unemployment among ‘educated youth’ (8.8 per cent) than among the illiterate (0.2 per cent) and semi-literate category (1.2 per cent).

The SC had ruled, after the Mandal commission report was accepted and the agitation that followed, that the outside limit on reservations ought to be 50 per cent. But in many educational institutions, all told, the reserved seats add up to a staggering 80 per cent. The irrational, non-standardised and non-examined application of government policy/ruling on this crucial issue builds up resentment as much as the declaration of public policy without sufficient public debate and the seeking of consensus.

Within the debate, we also need to address the fact of influential castes seeking political favours. The last NDA government wooed the Jats of Rajasthan by including 130 more categories as backward classes under the Mandal category, as a cover for giving Jats the benefit. And former Congress chief minister, Ashok Gehlot of Rajasthan contemplated giving the economically backward among the savarnas reservation to elicit their influential support. In both moves, the raison d’être behind the concept of reservations as contained in articles 15 (4) and 16 (4) and (4-A) became seriously flawed and vitiated.

It was the issue of centuries old discrimination, denial and oppression by a caste Hindu society that lay behind the reservations granted as a constitutional right, not privilege, to both SCs and STs. The issue of generational under-privileging sanctified by the caste structure affected the construction labourer, the agricultural labourer, the manual scavenger, the sweeper, the rickshaw-puller, the cycle and car mechanic, the brick kiln worker, the butcher, the weaver, etc. etc. They were denied all manner of basic human rights: the right to existence, livelihood, education, freedom and health.

A socio-economic examination of these sections of the underprivileged reveals for those of us who wish to see it that these sections among our underprivileged are also, for the most, Dalits, tribals, other backward castes, and also Christians, Muslims, Hindus, Sikhs and neo-Buddhists. A fair examination reveals that 60 years have not been enough to level the playing field.

Sixty years down, debates on the pros and cons of reservations/affirmative action would do well to consider that.

January 24, 2006

India history spat hits US

(The Christian Science Monitor
January 24, 2006)

India history spat hits US
California educators have unleashed debate with textbook revisions.

By Scott Baldauf | Staff writer of The Christian Science Monitor
NEW DELHI – In the halls of Sacramento, a special commission is rewriting Indian history: debating whether Aryan invaders conquered the subcontinent, whether Brahman priests had more rights than untouchables, and even whether ancient Indians ate beef.

That this seemingly arcane Indian debate has spilled over into California's board of education is a sign of the growing political muscle of Indian immigrants and the rising American interest in Asia.

The foes - who include established historians and Hindu nationalist revisionists - are familiar to each other in India. But America may increasingly become their new battlefield as other US states follow California in rewriting their own textbooks to bone up on Asian history.

At stake, say scholars who include some of the most elite historians on India, may be a truthful picture of one of the world's emerging powers - one arrived at by academic standards of proof rather than assertions of national or religious pride.

"Some of the groups involved here are not qualified to write textbooks, they do not draw lines between myth and history," says Anu Mandavilli, an Indian doctoral candidate at the University of Southern California, and activist against the Hindu right. Speaking of one of the groups, the Vedic Foundation in Austin, Texas, she adds, "On their website, they claim that Hindu civilization started 111.5 trillion years ago. That makes Hinduism billions of years older than the Big Bang." (The assertion has since been pulled from the site.)

"It would be ridiculous if it weren't so dangerous."

Revisionist debates hot in many nations

Communities use history to define themselves - their core ideals, achievements, and grudges. Small wonder, then, that history is frequently reevaluated as political pendulums shift, or as long-oppressed minority groups finally get their say. History, and efforts to revise it, have touched off recent controversies between Japan and its neighbors over its World War II past, as well as between France and its former colonies over the portrayal of imperialism.

Here in India, Hindu nationalists have pushed forcefully for revisionism after what they see as centuries of cultural domination by the British Raj and Muslim Mogul Empire.

Instigating the California debate were two US-based Hindu groups with long ties to Hindu nationalist parties in India. One, the Vedic Foundation, is a small Hindu sect that aims at simplifying Hinduism to the worship of one god, Vishnu. The other, the Hindu Education Foundation (HEF), was founded in 2004 by a branch of the right-wing Indian group the Rashtriya Swayamsevak Sangh.

This year, as California's Board of Education commissioned and put up for review textbooks to be used in its 6th-grade classrooms, these two groups came forward with demands for substantial changes.

Textbooks did have glaring mistakes

Some of the changes were no-brainers. One section said, incorrectly, that the Hindi language is written in Arabic script. One photo caption misidentified a Muslim as a Brahman priest.

But instead of focusing on such errors, the groups took steps to add their own nationalist imprint to Indian history.

In one edit, the HEF asked the textbook publisher to change a sentence describing discrimination against women in ancient society to the following: "Men had different duties (dharma) as well as rights than women."

In another edit, the HEF objected to a sentence that said that Aryan rulers had "created a caste system" in India that kept groups separated according to their jobs. The HEF asked this to be changed to the following: "During Vedic times, people were divided into different social groups (varnas) based on their capacity to undertake a particular profession."

The hottest debate centered on when Indian civilization began, and by whom. For the past 150 years, most historical, linguistic, and archaeological research has dated India's earliest settlements to around 2600 BC. And most established historical research contends that the cornerstone of Indian civilization - the practice of Hindu religion - was codified by people who came from outside India, specifically Aryan language speakers from the steppes of Central Asia.

Many Hindu nationalists are upset by the notion that Hinduism could be yet another religion, like Islam and Christianity, with foreign roots. The HEF and Vedic Foundation both lobbied hard to change the wording of California's textbooks so that Hinduism would be described as purely home grown.

"Textbooks must mention that none of the [ancient] texts, nor any Indian tradition, has a recollection of any Aryan invasion or migration," writes S. Kalyanaraman, an engineer and prominent pro-Hindu activist, in an e-mail to this reporter. He and other revisionists refer to recent studies that don't support an Aryan migration, including skeletal anthropology research that claims to show a continuity of record from Neolithic times. Such research has not convinced top Indologists to abandon the Aryan theory, however.

The final changes in California's textbooks are expected in the next few weeks, but in the meantime, mainstream academics, both in America and abroad, are setting off alarm bells.

"It was a whitewash," says Michael Witzel, a Harvard University Sanskrit scholar and Indologist, who testified before the commission in Sacramento. "The textbooks before were not very good, but at least they were more or less presentable. Now, it is completely incorrect."

Aryan invasion a British-era theory

Early proponents of the "Aryan Invasion Theory" proposed in 1850 by philologist Max Mueller may have had political agendas to justify the subjugation of the subcontinent, Mr. Witzel says, but the preponderance of evidence shows that Aryans came to India, with their horses, their chariots, and their religious beliefs, from outside.

"Unquestionably, all sides of Indian history must be repeatedly re-examined," wrote Witzel and comparative historian Steve Farmer, in an influential article in the Indian magazine Frontline in 2000. "But any massive revisions must arise from the discovery of new evidence, not from desires to boost national or sectarian pride at any cost."

On the other side of the debate, the historian Meenakshi Jain, a self-described nationalist, says that history is meant to be rewritten, depending on the perspective and needs of the present time.

"Indic civilization has been a big victim of misrepresentation and belittling of our culture," says Ms. Jain, a historian at Delhi University and author of a high school history textbook accepted by India's previous government, led by the pro-Hindu Bharatiya Janata Party.

Pride has its place in history?

Like many Hindus, Jain is proud of the accomplishments of Indian history, such as the fact that three small Hindu kingdoms - Kabul, Zabul, and Sindh - were able to hold off invading Muslim armies for 400 years. She also thinks that students should learn that some of India's most famous temples were commissioned not by upper caste Hindu kings but by aboriginal tribes, who in modern times have been relegated to "backward status."

"There is no such thing as an objective history," Jain says. "So when we write a textbook, we should make students aware of the status of current research of leading scholars in the field. It should not shut out a love for motherland, a pride in your past. If you teach that your country is backward, that it has no redeeming features in our civilization, it can damage a young perspective."

But no matter which version of Indian history California adopts for its 6th graders, it is bound to aggravate someone. The Board of Education has already heard from South Indians who argued that the HEF and Vedic Foundation represent a North Indian upper-caste perspective.

"We were saying, 'These groups don't speak for us,' " says Anu Mandavilli, herself a South Indian. When groups like the Vedic Foundation try to simplify Hinduism as the worship of a single god, "they have their own agendas."

California Educators Hear Pleas to reject the Views of Hindu Supremacist Groups

http://www.friendsofsouthasia.org/

*California Educators Hear Impassioned Pleas from Concerned
Indians/South Asians to reject the Views of Hindu Supremacist Groups
in History Books

State Board Announces Formation of a Sub-Committee to Investigate the
Curriculum Commission’s Recommendations*

A broad coalition of Indians and other South Asians representing Friends
of South Asia, Coalition Against Communalism, Tamil Sangams of North
America, and various groups representing Dalits were present in force at
the California State Board of Education meeting in Sacramento on January
12, 2006. They were there to express their strong objections to some of
the politically motivated edits to Grade 6 History books adopted by the
Curriculum Commission on December 2, 2005, under intense lobbying from
organizations such as the Vedic Foundation (VF) and the Hindu Education
Foundation (HEF). Speaker after speaker went to the podium to express
their views on the controversy, as members of the Board listened intently.

Earlier, prior to public comments, the chair acknowledged that they were
just beginning to appreciate the complexity of the issue -- the Board
passed a motion to appoint a five-member sub-committee to look into
whether the Curriculum Commission had violated the directives given to
it at the November 9th Board meeting. This decision was welcomed by the
many scholars of South Asia, as well as community groups such as FOSA
and CAC, who had written to the Board pointing out that the Curriculum
Commission had not followed the State Board’s directions, and had
accepted many of the recommendations from the HEF and VF,
recommendations that are historically inaccurate and promote sectarian
ideologies.

Some of the public comments heard at the meeting:

* Egregious errors and stereotypes in the textbooks must be
corrected. By the same token, sectarian doctrines posing as
history must also be rejected. These are History books, not books
on religion. Factual and scientific basis should be followed.
* Parallels were drawn with recent attempts in some states to
introduce creationism in the guise of "Intelligent Design" into
Science classes.
* Many practicing and moderate Hindus emphasized that VF/HEF do not
represent them or, for that matter, most Hindus and Indians.
* Attempts to replace "gods and goddesses" with references to a
God were offensive and patriarchal; and sanitizing the status of
women by suggesting that they had "different rights" not lesser
ones, was deplorable.
* 70 to 80 % of Tamils do not consider themselves to be Vedic
people, and for a shudra, the mere act of listening to the Vedas
was considered a sacrilege punishable by death
* Crude attempts to reinvent Hinduism as monotheistic or to
"semiticize" it should be rejected since the worship of local
village gods is common practice even today, and one of the things
that gives Hinduism much of its richness.
* Dalit groups expressed shock at having their status obscured in
the edits and being denied their self-identity. They also decried
attempts to whitewash the caste system, the worst hierarchical
system ever invented by humans. History should speak the truth,
they said.
* The argument that Dalits and the evils of the caste system should
not be talked about because the Indian Constitution guarantees
equality is the same as denying the existence of African Americans
and continuing racism in the U.S. because the U.S. Constitution
guarantees equality.
* Contrary to VF/HEF's assertions, the Aryan migration theory is
still the prevalent view of historians. The VF/HEF’s anxiety to
reinvent Aryans as indigenous people is not a scholarly debate;
and the effort to conflate Indus Valley civilization with
Vedic/Hindu civilization is aimed at labeling everyone but Hindus
as foreigners in India.
* The links between VF/HEF and the Hindu supremacist ideologies of
the Rashtriya Swayamsevak Sangh (RSS) and the Vishwa Hindu
Parishad (VHP) – who were responsible for the genocidal
anti-minority violence in Gujarat in 2002 – have been well
documented, including the involvement of RSS affiliates as
advisors and activists for VF/HEF. An RSS activist from
California, attending a RSS meeting in Gujarat, bragged about
RSS's success in California through HEF.
* Rewriting Indian history in California is an effort to revive the
ill-fated effort to rewrite NCERT books in India and must be
rejected. What the VF/HEF are trying to do here in California is
being projected by them as an experiment to be repeated elsewhere
in the world by the Hindu-supremacists RSS and its affiliates.
Therefore, the Board's decision in California is very significant
and could head off a dangerous precedence. The Curriculum
Commission may have violated the California Education Code Section
60044 against the inclusion of sectarian doctrines in educational
materials.
* Speaker after speaker called for rejecting the sectarian edits
adopted by the Curriculum Commission and the adoption of the edits
suggested by the Content Review Panel of scholars.
* VF/HEF wearing the mantle of an aggrieved minority is ironic,
given that their ideological parent in India scoffs at the very
notion of minority rights guaranteed by the Indian constitution.
* The Board was advised of the deplorable tactics of VF/HEF
supporters, such as the vicious slander campaign against Harvard
Professor Witzel, and their previous attempts to smear well
known historian Romila Thapar when she was nominated to the Kluge
Chair at the Library of Congress.

This was the first time the Board had heard from a broad group of
Indian-Americans and others of South Asian heritage. We are confident
that it was a wake-up call to them about the deeper significance of the
RSS project in California and gave them a better appreciation for the
enormous diversity of Indian and South Asian communities. We are very
hopeful that truth and scholarly approach will prevail; that obvious
errors and egregious stereotypes will be removed; and that supremacist
doctrines adopted by the Curriculum Commission will be rejected. In the
end, children in California will be the ultimate victors in this
controversy.

The Board will announce its final recommendations for edits to the
history textbook once the Sub-committee has completed its inquiry.
While the timeline for the final changes is not clear at this point, it
is obvious that the Board understands the urgency of the issue and is
moving as rapidly on this as possible.

If you feel as strongly about this issue as we do, it is of utmost
importance to make your views known to the Board as they deliberate over
the final resolution of this matter.

Please write or fax to the Board at:

* President Glee Johnson-- (916) 319-0827. Fax: (916) 319-0176.
Email: Jack O'Connell joconnell@cde.ca.gov, Tom
Adams tadams@cde.ca.gov
* Deputy Superintendent Sue Stickel, Curriculum & Instruction Branch
-- Phone: (916) 319-0806. Fax: (916) 319- 0103 Email:
sstickel@cde.ca.gov
* Assembly Member Jackie Goldberg; Chair of the Education Committee
-- Fax: (916) 319-2145 Goldberg@asm.ca.gov
* Secretary Alan Bersin -- Fax: (916) 323-3753; kheinrich@ose.ca.gov
* Chief Counsel Karen Steentofte -- Fax: (916) 319-0176
ksteento@cde.ca.gov

And please write to the Indian-American media that it is their job to
present the diverse views of the community and to not act as a
mouthpiece for the RSS and its affiliates here.

* India Abroad: editorial@indiaabroad.com, Fax: 212-727-9730
* India West: news@indiawest.com, Fax: (510) 383-1155
* Indian Express, North America: info@iexpressusa.com Fax. (212)
594-8848

Thank you for caring,
Volunteers at Friends of South Asia (FOSA) and Coalition Against
Communalism (CAC)
mail[at]friendsofsouthasia.org
communal_harmony[at]yahoo.com

To Home Minister of India - Suggestions for Amending the Communal Violence Bill, 2005

(The Open Letter to be Handed Over to the Home Minister of India during a Public Convention Called by Him)

Date: 24th Jan 2006

To

Mr. Shivraj Patil,
Honourable Home Minster of India.

Subject: Suggestions for Amending the Communal
Violence (Prevention), Control and Rehabilitation of
Victims) Bill, 2005 – Bill No. CXV of 2005


Sir,

At the outset, we thank you on behalf of the
‘Citizens’ Initiative, Mumbai’ for giving us an
opportunity to attend this meet [today in Mumbai], get
to know your points of view and convey ours.

We must also thank you for taking the initiative to
legislate the subject Act for which there arose strong
and widespread demands in the wake of the Gujarat
bloodbath sponsored by the state government. It is
indeed some matter of gratification, in the current
era of cynicism and duplicity that the UPA government
is now going to honour the commitment given in the
Common Minimum Programme drawn up as the roadmap for
governance. That some of the suggestions proffered by
various human rights and minority rights organisations
have been incorporated in the Bill before placing it
before the Rajya Sabha further raises our hopes
regarding the noble intentions of the government.

So we will take this opportunity to place our
well-deliberated views before you for acceptance and
incorporation.

Before going into the specifics, we will like to make
a couple of broad points.

‘Communal violence’ has three clearly identifiable
stages: before during and after. The Act, in order to
be effective must have provisions to adequately
intervene in all the three stages. It must aim to nip
the build up, in the form of rumour mongering, hate
campaigns etc, in the bud. It must control the
violence, while it’s on, and protect/rescue the
(actual and potential) victims. And finally, after the
violence is over the victims must be compensated and
rehabilitated and the culprits quickly identified and
brought to book.
It’s our experience that the state administration and
the political leadership, more often than not, are
complicit. Even the central government connives. The
Gujarat bloodbath is the grossest, but not the only,
example. Hence, there must be autonomous institutions
with adequate representations from the likely victim
communities to ensure proper implementation of the
Act. Other measures must also be taken to ensure
unbiased approach on the part of the State.
Unaccounted powers in the hands of the administration
are only going to further compound the woes of the
victims, so a fine balance is to be maintained.


Suggestions:

The name be changed to ‘Sectarian and Communal
Violence (Prevention, Control and Rehabilitation of
Victims) Bill, 2005.The change of nomenclature is
called for to widen the ambit of the Act to include
violence directed against any ‘minority/marginalized
group’ defined/constituted in terms of religion,
caste, language, ethnicity etc. This definition must
be suitably incorporated in the body of the Bill.

The Bill must come into operation all over the
country, except for J&K, once it’s passed by the
parliament and the gazette notification is issued in a
time bound manner.

The Bill must provide for the constitution of a body
at the state level to be appointed by the governor
consisting of the representatives of the SHRC, State
Minorities Commission, State Women’s Commission and
State SC and ST Commission to be chaired by a sitting
High Court judge nominated by the Chief Justice of the
High Court. (The states where any of such bodies
is/are not in existence, the corresponding national
body would nominate a member who would be otherwise
eligible to be a member of such a state level body.)
This body would advise the state government in the
subject context, either suo moto or on receipt of
complaints. Its advice as regards declaration of
‘disturbed areas’ would be mandatory. The NHRC should
also be empowered to issue formal advices to this
Committee in this behalf, which has to be taken due
note of.

The Section 153(a) of the IPC must be incorporated,
with the deletion of the provision pertaining to the
requirement of prior state sanction.

No prior state sanction must be required for
proceeding against any delinquent state functionary.

The provision for vicarious criminal liability must be
incorporated to cover up to the highest level of
command chain.

Loss of life must be compensated by the states on a
uniform basis throughout the country. Loss of property
must be compensated to the extent of full replacement
value. Norms must be fixed for compensation for sexual
violence, properly defined. The case for compensation
must be reviewed by the state level committee
mentioned above. The compensation must be paid fully
and quickly. This must not be linked with the criminal
cases filed against the perpetrators.

The bar for declaring an area ‘disturbed’ must be
clearly defined and not kept too high.

The prosecutors for criminal trials must be appointed
only after due consultation with the victims and with
the approval of the state-level committee.

Special forces must be raised with adequate
representations from the various minorities and women.

All the provisions of the Bill must be brought in
alignment.

We hope you will kindly consider our suggestions with
due seriousness and suitably incorporate these to make
the Act really effective as we all intend to.


Thanking you,


Yours sincerely

Mohammed Anees

Convenor, Organising Committee

Citizens Initiative on the Communal Violence Bill

Organising Committee
Adv Yusuf Muchhala(Chairperson, Organising Committee),
Dr Ram Puniyani (Ekta), Adv Mihir Desai(ICHRL), Dolphy
Dsouza(BCS), Adv Saeed Akhtar, Kamayani(CEHAT), Jatin
Desai(PIPFPD), Sukla Sen(PMI), Adv Sameena
Dalwai(ICHRL), Fr.Allwyn D'silva(DRTC), Nanji Khemji
Thakkar(NKT, College), Farid Batatawala,
A.D.Golandaz(AITUC), Meena Menon(Focus), Flavia
Agnes(Majlis), Asad bin Saif(BUILD), Syed
Iftekhar(Editor, Shodhan), Jyoti Punwani, Ravi
Duggal(CEHAT), Louis Dsouza, Dr.
Rehmatullah(AICMEUS), Lionel Fernandes, Adv Sagheer
Khan, Smita Shah(RYS), Haroon Mozawala(Khaire Ummat
Trust), Saumya Uma(WRAG), Dr Azeemuddin(MPJ), Sarfaraz
Arzoo(Editor, Hindustan)

A People's Critique of the Communal Violence (Prevention, Control and Rehabilitation of Victims)

Betrayals and Missed Opportunities:
The Communal Violence (Prevention, Control and Rehabilitation of Victims)
Bill, 2005

A People's Critique


ANHAD
HRLN
Jan Vikas


Anti-communal groups, human rights organizations and women's groups have
expressed their strong opposition to the Communal Violence (Prevention,
Control and Rehabilitation of Victims) Bill which the UPA government
recently tabled in Parliament. Earlier drafts of this bill were rejected by
these citizen groups, but few of their concerns have been addressed in the
Bill which was hurriedly tabled in the Rajya Sabha on December 5, 2005. A
demand for such a bill had been made in light of an increasing atmosphere of
communalisation across the country and particularly in light of the events
of Gujarat 2002. On neither front does the Bill deliver.

A people wearied and battered by the politics of hatred that swept the
country during almost two preceding decades, have been let down gravely by
the Bill recently introduced by the UPA government in the Rajya Sabha. In
the deeply troubled times that the nation is passing through, the Bill was
awaited with great hope by not just minorities, but by other citizens as
well who are intensely concerned about imminent and serious threats mounted
to the secular character of our society and polity. The Bill does not
respond significantly to the criticisms and fears voiced when its first
draft was released a few months ago outside Parliament. The government
instead appears bent on diluting, even subverting the spirit of one of its
most important commitments on being voted to power. As this Bill is being
considered by Parliament, a deep sense of disappointment and anguish
prevails.

The basic problem with the Bill is with the foundation of objectives on
which its entire edifice is constructed. This foundation of the Bill is so
flawed that its architecture cannot be remedied by improvements in specific
components. The preamble of the Bill itself states that the Bill aims to 'to
empower the State Governments and the Central Government to take measures to
provide for the prevention and control of communal violence which threatens
the secular fabric, unity, integrity and internal security of the nation and
rehabilitation of victims of such violence'. The immediate context for the
Bill is the Gujarat massacre of 2002 and its aftermath, but also Nellie in
1983, Delhi in 1984, Bhagalpur in 1989, Mumbai in 1992-93, and a long list
of such episodes of national shame and trauma in which democratically
elected state administrations were openly partisan and neglectful or even
actively participant in the massacre of segments of the populace that
followed a different faith from those of the majority of their fellow
citizens.

Let us consider by way of illustration Gujarat as the most recent, and the
most disgraceful of all of these acts of state abdication and collusion with
communal organisations. The state machinery was found by many independent
citizen investigators to be gravely complicit in planning and executing the
most brutal massacre since Independence of women and children of the
minorities. It did little to control the violence for weeks, refused to set
up relief camps or to rehabilitate the victims. Almost four years later,
many more than half those who lost their homes are unable to return because
of continuing fear. The legal process has been subverted.

To legally prevent the recurrence of situations like this is a matter not
just of security and restored trust, but actually of life and death for
millions of citizens of minority faiths. Its urgency is enhanced by the fact
that over the last two decades, political formations with openly communal
agendas have directly or through their political proxies, captured political
power in many states of the country, and indeed along with a bunch of
opportunistic political formations have emerged as the main alternative
contenders for power in the central government in the future. The prospect
of the infamous Gujarat experiment of a state sponsored terrorising of
minority citizens is a realistic imminent fear with which millions of
citizens are living in states like Rajasthan, Orissa, Madhya Pradesh,
Chatisgarh and Jharkhand. It is for this reason that the Bill pledged in the
common minimum programme of the coalition government was so eagerly awaited.
But what this law sets out to do is not to protect innocent citizens from
future possible acts of criminal communal collusion of their elected rulers,
and the civilian and police arms of their administrations. Instead, in its
statement of objectives itself, it sets out perversely to vest those same
state administrations with even more powers.

Do the framers of the Bill, or the members of the union cabinet who approved
its submission to Parliament, genuinely believe that Narendra Modi in 2002,
or indeed the administrations of Delhi, Nellie, Bhagalpur or Mumbai when
these also burnt in the past in raging communal fires, did not act because
they did not have enough powers to do so? Was the failure of disempowered,
or of criminally malafide public authority in each of these cases? Even a
junior local policeperson or civil administrator has all the powers under
the law as it exists, that is needed to quell any communal conflagration.
Indeed, no riot can continue beyond even a few hours without the active,
wanton, and in my opinion manifestly criminal complicity of state
authorities. If this is the case, what purpose is served by a law that sets
out as its objective to further 'empower' these same state and central
governments?

The core sections of the Bill from Chapter II to Chapter VI, relating to the
prevention of communal violence, the investigation of communal crimes and
the establishment of special courts will only come into effect if the State
government issues a notification. All opposition governments could ignore
this statute completely. Moreover, a state government may issue a
notification bringing the statute into force in the state and yet render it
sterile by not issuing notifications declaring certain areas to be
communally disturbed areas. The Act can be invoked only in very extreme
circumstances where there is criminal violence resulting in death or
destruction of property and there is danger to the unity or internal
security of India. There are many serious communal crimes which may not
result in death such as rape. Similarly, social and economic boycotts,
forced segregation and discrimination will not fall within the ambit of the
statute because they do not result in death or the destruction of property.
Even in such extreme circumstances the Act only prescribes that the
government 'may' act by issuing a notification. On the face of it, the duty
to act is not mandatory.

Chapter III relates to the prevention of communal violence and appears to
empower the district magistrate to prevent the breach of peace. The powers
of executive magistrates and policepersons delineated here already exist
under numerous statutes, such as to requisition the armed forces to control
communal violence; to control any assembly or procession; prohibit
loudspeakers; confiscate arms, ammunition, explosives and corrosive
substances; conduct searches; prohibit displays or 'harangues', or
gatherings that may incite communal sentiments; and externment of those who
may disturb communal peace. The listing of these powers in the new Bill is
at best cosmetic and redundant, as it adds little to what is already legally
permissible for these authorities to suppress communal violence. The earlier
draft had included new powers, attempting to reintroduce through the
backdoor draconian provisions from the repealed POTA and the abused and
feared Armed Forces Act. The government was mercifully sensitive to protests
that enhanced state powers in communal situations will mainly be misused
against minorities, and it withdrew these provisions from its new draft.

For citizens living under the shadow of communally driven (or opportunistic)
governments, then, what this Bill offers a listing of powers of the
government that mostly already exist, that they *may *use to protect them if
they choose to do so. What they needed instead was a law that enhanced the
powers of citizens in relation to such governments, and not of the
governments in relation to its citizens. They needed a law that did not
merely enable their governments to act when communal violence unfolded. They
needed a law which made it mandatory for the government to act, in clearly
codified ways, before, during and after communal violence, and which made
failures of these governments to act, leading often to the avoidable loss of
life and property, or sexual violence, criminal acts for which they can be
charged, tried and punished. There is virtually nothing in the law that does
this; indeed, as observed, this is not even the stated intention of the law.
That is why this is not a Bill that can be improved by tinkering with a few
of its clauses. Its basic premises are so flawed, that it needs to be
rejected in its entirety and replaced by a law of very different objectives,
which genuinely protects the human rights and security of citizens in
communal contexts and enables them to hold their governments accountable for
their acts of omission and commission.

The Bill does contain one clause for punishment of public officials who fail
to perform their duties. Section 17 (1) provides for punishment with
imprisonment which may extend to one year, or with fine, or with both, for
any public servant who '(e)xercises the lawful authority vested in him under
this Act in a mala fide manner, which causes or likely to cause harm or
injury to any person or property'; or '(w)illfully omits to exercise lawful
authority vested in him under this Act and thereby fails to prevent the
commission of any communal violence, breach of public order or disruption in
the maintenance of services and supplies essential to the community.' It is
explained that offences under this section include wilful refusal by any
police officer to protect or provide protection to any victim of communal
violence; to record any information relating to or to investigate or
prosecute the commission of any scheduled offence.

There are however two fatal catches to this otherwise promising segment of
the Bill. It neglects to hold accountable the command authority of elected
leaders like the chief minister and home minister for these lapses, and at
best can result in the mild punishment of some junior policepersons. Even
more fatal is the proviso that no court shall take cognizance of an offence
under this section except with the previous sanction of the state
government. In the context of state governments with communally driven
malafide intent, the chances of even police officials being punished under
this clause are very remote.

It is well known that hundreds of cases throughout the country are
languishing because the state governments have refused to grant sanction for
prosecution of public servants. In any case sections 217 to 223 of IPC
cover offences by public servants such as the shielding of criminals,
preparing false records, making false report in courts, initiating false
prosecutions and allowing criminals to escape.

Recognising the role of the police in communal riots, it is critical that
the immunity granted under sections 195, 196 and 197 of the Criminal
Procedure Code be omitted in any statute on communal crimes. No junior
officer should be allowed to take the defence that he was ordered by his
superior to commit the crime. Nor should any commanding officer be allowed
to take the defence that he or she was unaware of the crimes that were
committed on one's beat.

Similarly, public prosecutors who side with the accused persons and enable
them to be released on bail or are instrumental in their acquittal ought
also to come under legislative scrutiny. A section is necessary to allow
the trial judge who finds the performance of the prosecutor unsatisfactory
to remove him from the case.

Chapter XII which grants immunity to the police and army is particularly
insensitive. Various Commissions of Enquiry including the Justice Ranganath
Mishra Commission (Delhi riots), the Justice Raghuvir Dayal Commission
(Ahmednagar riots), the Justice Jagmohan Reddy Commission (Ahmedabad riots),
the Justice D.P. Madan Commission (Bhiwandi riots), the Justice Joseph
Vithyathil Commission (Tellicheri riots), the Justice J. Narain, S.K. Ghosh
and S.Q. Rizvi Commission (Jamshedpur riots), the Justice R.C.P. Sinha and
S.S. Hasan Commission (Bhagalpore riots), and the Justice Srikrishna
Commssion (Bombay riots) have found the police and civil authorities passive
or partisan and conniving with communal elements.

There are other problems with the Bill as well. The definition of 'communal
violence' is limited to a listing of offences under existing acts, such as
the Indian Penal Code,1860; the Arms Act, 1959; the Explosives Act,1884; the
Prevention of Damage to Public Property Act, 1984; the Places of
Worship(Special Provisions) Act, 1991; and the Religious
Institutions(Prevention of Misuse) Act,1988. Given the character of communal
violence as it is unfolding in many parts of the country, a much wider
definition is needed, not just of violence, but of discrimination and human
rights violations on communal grounds.

The act should cover communal crimes such as hate speeches and mobilisation;
spreading ill-will and distrust between communities; communal literature and
textbooks as well as classroom teaching; forced ghettoisation and expulsion
and exclusion from mixed settlements; discrimination in employment, tenancy,
admission to educational institutions etc on communal grounds;
discrimination on communal grounds by professionals like doctors and
lawyers; and so on. Many of these such as hate speeches are addressed by
existing laws, but the flaw is the same, that there are no binding duties of
the state to act against these. In fact, governments are mostly known to
withhold permission to prosecute hate speakers and writers, even when
complaints are registered against them by human rights groups. The mandatory
duties of the state under this Bill should therefore include prevention of
these communal crimes as well, such as prohibiting and punishing (in a
purely illustrative list) hate speeches and writings of the kind that Bal
Thackerey, Modi and Tagodia routinely indulge in; the pedagogic content and
methods used openly in Sangh schools; or refusals to rent a house or employ
someone on the grounds of their faith, caste or gender.

The Bill does little to address gender violence, which has become the
feature of most communal incidents, where the bodies of women are used as
battlefields to establish dubious communal male superiority. Incidents like
Gujarat in 2002 alert us to the need for a much wider definition of sexual
violence (generally, but also specifically in the communal context) to
include acts like stripping before women or stripping them, insertion of
objects, piercing, sexual taunts etc, and should not require evidence of
actual penetration of the kind required under rape laws. The Bill needs to
change rules of evidence to shift the burden of proof to the accused, rather
than place it on the women survivors. It needs to protect the dignity and
confidentiality of the survivors of violence at all stages, from recording
of complaints and statements, to investigation and trial. There should be
mandatory services of counselling and medical attention to the survivors.

An unresolved controversy relates to whether the powers of the central
government should be extended in the event of a state government failing to
perform its legal and moral duties in expeditiously and impartially
controlling large-scale outbreaks of communal violence. This would be
important if the central government is comprised of parties and coalitions
of different political persuasion from those of the state government. The
Bill remains conservative in this, and section 55 requires the Central
Government, in cases where it is of the opinion that 'there is an imminent
threat to the secular fabric, unity, integrity or internal security of India
which requires that immediate steps' to 'draw the attention of the State
Government to the prevailing situation'; and to direct it 'to take all
immediate measures to suppress' the violence. If the state government fails
to act, the Bill provides first for the central government to declare any
area within a State as 'communally disturbed area' under this Bill; but this
is not significant because, as we observed, such declaration does not
require mandatory actions by the state government to control the violence.
The Bill also provides for central 'deployment of armed forces, to prevent
and control communal violence', which would have been very significant, but
the provision is neutralised by the requirement that this central deployment
is legally permissible only in the event of 'a request having been received
from the State Government to do so'. In other words, only the state
government still retains the power to decide about the deployment of armed
forces to control communal violence. Once more the Bill elaborately ensures
that nothing changes in the prevailing legal position, although it is made
to appear superficially that it does.

The Bill takes some halting steps to fill one major gap that exists in the
law at present. There is no law that defines the rights of survivors of
communal violence to rescue, relief and rehabilitation. The Bill once again
provides no protection against a government like that of Modi, who refused
for the first time in a major communal conflict after Independence, to even
set up relief camps, announced no rehabilitation package, and has yet to
take steps to secure the return of more than half the survivors who fled or
lost their homes in the carnage of 2002. There is no defence against the
contempt displayed by Modi against a segment of his own citizens when he was
asked why he did not set up relief camps. He is reported to have replied, 'I
refuse to set up baby-producing factories'.

Instead Chapter VII deals with relief and rehabilitation in a largely
ceremonial manner. It calls for the setting up of national, state and
district level 'Communal Disturbance Relief and Rehabilitation Councils' but
nowhere in the Statute does the right of the victim to relief, compensation
and rehabilitation emerge *as* *a right *according to an acceptable
international standards. When the state does not protect the lives and
properties of the minorities during communal carnages, should the victim not
have a right to compensation and alternative livelihoods at the cost of the
state? An answer to this was expected in the statute. Is a relief camp to
lie at the discretion of government and NGOs with shabby provisions being
made on a temporary basis, or is it the right of the victim to be provided
immediate relief according to well established norms? All this is sadly
missing in the Bill.

Chapter IX deals with the funds for relief and rehabilitation and once again
the shallowness of the central government stands exposed. The financial
memorandum to the Bill which is supposed to indicate the liability of
government ends on a dismal note: "As involvement of expenditure depends
mainly on the occurrence of communal violence, it is difficult to make an
estimate of the expenditure from the Consolidated Fund of India". The
entire orientation is in keeping with the approach seen in the
rehabilitation of Tsunami victims of getting the NGOs to spend for the
entire rehabilitation.

The Bill needs instead to lay down once again legally binding duties of
rescue, relief and rehabilitation; the relief camps must meet
internationally endorsed standards for refugees; the government must give a
subsistence support until it is possible for survivors to return with a
sense of security to their homes; and rehabilitation must ensure that people
who survive must be restored to a situation better than that in which they
were placed before the violence. There must also be special measures
prescribes for widows and orphans.

The Bill provides once again on the initiative of the state government, the
establishment of special investigation teams and special courts. It lays
down time limits for investigation of communal crimes of three months,
beyond which the cases will be reviewed by senior police officials. The only
qualification it lays down for public prosecutors is seven years of service,
but there is no impartial process of selection, and no bar to those with
known partisan links hostile to the interests of the victims. (It is
established before the Supreme Court that many public prosecutors were
members of Sangh organisations in Gujarat, therefore instead of prosecuting
the accused, they openly acted as their defence.) The law needed to go much
further in defending the rights of the victims, and the role that their
lawyers could play if the prosecution is partisan. There is also the
arguable provision for enhanced punishment of those convicted of communal
crimes, but the conventional wisdom remains that the certainty of punishment
is a much greater deterrence than its severity.

The Bill contains some provisions for witness protection under section 32,
which provides that for keeping the identity and address of the witness
secret. These measures include '(a) the holding of the proceedings at a
protected place; (b) the avoiding of the mention of the names and addresses
of the witnesses in its orders or judgments or in nay records of the case
accessible to public; and (c) the issuing of any directions for securing
that the identity and addresses of the witnesses are not disclosed.'

These measures are welcome but hardly go far enough. The witness protection
under Section 32 has been drafted without application of mind as to the Law
Commission's recommendations. The main aspects of modern day witness
protection which shields the witness from the accused, compensates her for
the trauma of the crime and the trial and creates new identities and a new
life for the witness is totally missing. Genuine witness protection
includes a substantial financial obligation of the state to take care of the
witness and her family in secrecy, often for the rest of their lives.

No law by itself can defend people against injustice. People need to be
mobilised and organised to secure their rights. But laws can be vital
democratic instruments by which people can resist and shield themselves
against injustice, particularly when the governments they elect defy their
moral and constitutional duties by failing to secure them against communal
mobilisation and crimes. The law that Parliament is considering is critical
for the defence not just of the lives and properties of minorities, but of
their equal rights and protection under the law, and indeed the secular
character of the polity. Let our law-makers not miss this critical moment in
our history to allow mounting and endemic state injustice in communal
situations to persist unchallenged.