South Asia Citizens Wire | December 19-20, 2006 | Dispatch No. 2335 - Year 8
[1] Pakistan: Illegal Religious Edicts (i) Call to murder must not go unpunished (HRCP) (ii) Letter to the Pakistan Minister of Interior (Asma Jahangir) + Text of Fatwa by Mufti Khalid Shah (iii) Editorial: Fatwas, legality and the state (Edit, Daily Times) [2] Bangladesh: Secular Law or Illegal religious edicts (i) The curse of illegal fatwa Where is the rule of law? (Edit, Daily Star) (ii) A parallel system of justice cannot be allowed (Edit, New Age) [3] The Making of a 'New Nepal' (Rita Manchanda) [4] India: Representation of Muslims in Police Force and Communal Riots (Asghar Ali Engineer) [5] India: Watching The Waves, Silently - BJP has got a foothold in coastal Karnataka [6] India: Indore to become Indur, Bhopal Bhojpal [7] India: VHP's Moral Police targets young couples [8] Upcoming Events: (i) Public Hearing - Gujarat Genocide: Victim's Account after 5 years (New Delhi, 20 December) (ii) Nyaygrah campaign for legal justice and reconciliation in Gujarat (Ahmedabad, 28 December) ____ [1] (i) Human Rights Commission of Pakistan Press Release 19th, December 2006 CALL TO MURDER MUST NOT GO UNPUNISHED LAHORE: HRCP has been shocked to receive a copy of a horrifying Fatwa (edict) issued by a cleric in the Darra Adam Khel area of the NWFP and has written to the interior minister asking him to do his duties. The edict labels international organizations, including those falling under the UN umbrella and the International Red Cross, as well as local NGOs working for human rights, as agents of the Jews and the West. Most alarmingly, the Fatwa declares that it falls among the duties of all Muslims to target these organizations all over the world by murdering their members, using weapons of mass destruction against them, destroying their homes, targeting their vehicles and seizing their assets. This Fatwa is only one among many issued this year in the NWFP targetting NGO activists, particularly women. Three women working with NGOs were murdered in the NWFP in 2006 alone. Another Fatwa issued by a cleric in Mansehra, has called on NGOs to pull out from the Hazara area or face action against themselves. HRCP has received many other complaints of harassment or intimidation, which has already led to some organizations curtailing their activities in the NWFP. What is far more disturbing than the threats themselves is the failure of authorities to prosecute those responsible for making them. The latest Fatwa, like many others distributed previously, is not anonymous. Its author has affixed to it his name and qualifications. The Fatwa has also been pasted up as posters across the Darra Adam Khel area. Therefore, the authorities cannot claim they are unable to trace the source of incitement to hatred and murder. Pretending ignorance of those guilty of preaching violence amounts to collusion. The latest call to kill is an outcome of a failure to act previously against those delivering such messages of hatred. HRCP can only call upon those in authority to act now, before it is to late, and some of the terrible crimes called for are carried out. Asma Jahangir Chairperson o o o (ii) LETTER TO MINISTER OF INTERIOR Mr Aftab Ahmed Sherpao Minister for the Interior Islamabad 19th December, 2006 Dear Mr Sherpao, This is to bring to your notice an edict that has been widely distributed and pasted ion to walls in Darra Adam Khel. A copy is attached for your information and record. The edict labels international organizations, including those falling under the UN umbrella and the International Red Cross, as well as local NGOs working for human rights, as agents of the Jews and the West. Most alarmingly, the 'fatwa' declares that it falls among the duties of all Muslims to target these organizations all over the world by murdering their members, using weapons of mass destruction against them, destroying their homes, targeting their vehicles and seizing their assets. This 'fatwa' is only one among many issued this year in the NWFP targetting NGO activists, particularly women. Three women working with NGOs were murdered in the NWFP in 2006 alone. Another 'fatwa' issued by a cleric in Mansehra, has called on NGOs to pull out from the Hazara area or face action against themselves. HRCP has received many other complaints of harassment or intimidation, which has already led to some organizations curtailing their activities in the NWFP. What is most disturbing is the failure of authorities to prosecute those responsible for making these threats. The latest 'fatwa', like many others distributed previously, is not anonymous. Its author has affixed to it his name and qualifications. The 'fatwa' has also been pasted up as posters across the Darra Adam Khel area. Therefore, the authorities cannot claim they are unable to trace the source of incitement to hatred and murder. We believe it is your obligation to act against those responsible for disseminating hatred and threatening lives. Yours sincerely, Asma Jahangir Chairperson Cc: Lt-Gen (retd) Ali Jan Orakzai, Governor NWFP o o o [see Text of Fatwa in Urdu by Mufti Khalid Shah http://sacw.insaf.net/free/Fatwa1.jpg ] o o o (iii) The Daily Times December 16, 2006 EDITORIAL: FATWAS, LEGALITY AND THE STATE A very curious case has been adjudicated by the Peshawar High Court involving a man who is alleged to have printed Quranic verses with some changes (tehreef) in them. The man was hauled up by the police and brought before a judge in Peshawar who gave him life imprisonment. Earlier, the same accused had been let off when the witness against him repudiated his statement. But after many years the same man turned around and revived the case and got the accused in trouble. The honourable High Court has now acquitted the man of the charge. The life sentence at the Sessions Court was awarded on the basis of 12 witnesses and the fatwa of a local cleric. While handing down the acquittal, the High Court said that the government should constitute a body of religious scholars and authorise it to issue official fatwas on grave issues, and that the practice of unofficial fatwas should end. The cleric whose fatwa was made the basis of a life sentence was in favour of doing taweez with Quranic text written on pieces of paper, but when the verse apparently got changed in the process he recommended severe punishment to the man. Another sad fact is that the case was taken off the first time but after six years the police arrested the accused again because the plaintiff said he had withdrawn the case earlier under police pressure. We are sure that the honourable High Court made its recommendations (about the need for an official body of religious scholars or muftis to issue fatwas) in jest, since Pakistan has a functioning Federal Shariat Court attuned especially to forestall the evil habit of issuing fatwas. If the government appoints a grand mufti then it is inevitable that he will be used for the government's specific political purposes, thus bringing Islam into disrepute. What, for example, would happen if the fatwa of the mufti were to be set aside by a court? Will the lower courts be bound by it; and what will be the upper courts' jurisdiction with regard to the fatwas thus issued? It is a matter of great concern that the police should have registered a case against the man accused of tehreef on the basis of a fatwa. In fact there was no need for the fatwa at all because it is not within the ambit of law. The Sessions Court should have deemed it inadmissible. But it did not, confirming that there is a deep socio-pathological element involved here. Over the years our judiciary has become mentally soft on the clergy. Indeed, it would not be far wrong to say that in some cases our judges in the lower courts have assumed without any legal grounds that they are equal to the classical identity of a mufti appointed by a Muslim sultan. The fact is that all manner of fatwas have done a lot of harm to our society. They are responsible for gradually cutting the ground from under the jurisdiction of the state. Fatwas have been obtained by the powerful to intimidate the less privileged and the muftis themselves belong to religious organisations involved in jihad and they are in a position to enforce the fatwa with coercion. For example, when the Jaish-e-Muhammad was riding high and had its 17 offices in Lahore under the patronage of certain intelligence agencies in Islamabad, its gun-toting youths made their pocket money through the enforcement of fatwas. In Karachi the business of fatwas is rampant. Even if in some cases they are helpful in ending a dispute and getting one party to accept arbitration, it is essentially suicidal for a state to allow this activity. Pakistan's sectarian curse is based on dozens of fatwas issued by our Deobandi seminaries in 1986. The greatest apostatiser of them all, Maulana Haq Nawaz Jhangvi, gave the fatwa of takfeer in 1985 and challenged the courts to hear him out and prove his fatwa wrong. When the state did not act, the Shias began to be killed. Many fatwas were also issued about the citizens of other countries, asking the people of Pakistan to kill them wherever they saw them. The fatwa is simply impermissible. Whosoever issues a fatwa commits a crime because he is issuing a judgement and asking the receiver of a fatwa to implement it. It is like opening a parallel court. The matter of fatwas brings to our notice the gradual erosion of state institutions in the face of social disorder, just like the diyat case where a killer can go scot-free after paying blood money. In many cases when a prisoner has been considered eligible for blood money but cannot pay the aggrieved party he languishes in jail forever. Here again "Islam" has been exploited simply to keep someone permanently in jail. Therefore the Supreme Court has done well to ask the government to set up a fund for payment of diyat for those prisoners who don't have the money to buy their freedom. * _____ [2] The Daily Star December 19, 2006 Editorial THE CURSE OF ILLEGAL FATWA WHERE IS THE RULE OF LAW? According to a press report, for a so-called 'fatwa' issued by a local mufti in a village in Sunamganj of Sylhet, a girl was to be caned until she bled. This was a punishment to be meted out to her for having had illicit relations with a young man of the same village. The girl is the daughter of a Freedom Fighter who ekes out a living by begging. He was also punished for the act of commission of his daughter, by having to do the rounds of a local mosque with shoes strung round his neck. To top it all, when asked, the officer of the local police station expressed his complete ignorance about the incident. We are deeply shocked by the incident. We find the "judgment" passed by the local religious leader abhorrent and against all ethics and civil and religious norms. We cannot understand under what authority the girl's father was made to undergo such a humiliating punishment after being ostracized with his family for seven days, and going without food during that time. If anybody, it should have been the boy who should have been whipped for exploiting the girl and her father's poverty There are several things that need to be addressed. First, who has given the authority to the religious leader to award any punishment to the girl and her father? Why are the authorities silent when the law of the land is being violated with impunity? Secondly, it is the poor and hapless girl who is already a victim of the lascivious act of the boy who walked her up the garden path only to discard her. And now she is being disgraced, and in a way violated in public, by making her face the public punishment. Thirdly, it exposes the moral bankruptcy and hypocrisy of the society when it stands by while a poor girl is humiliated, all in the name of religion. We must point out the fact that in the past we have turned a blind eye to such incidents where the girls were punished after having been lured to immoral acts by men. And religion had been used, wrongly, to perpetrate the shameful injustice to women. It was time the authorities came down heavily on those who use religion to take the law into their own hands and use it to pass judgments that are repugnant, both to the letter and spirit of the religion. We sincerely hope that the government will take appropriate measures to put a stop to all such acts, if the sanctity of our religion and the ideal on which this very nation was founded are to be preserved. o o o New Age December 20, 2006 Editorial A PARALLEL SYSTEM OF JUSTICE CANNOT BE ALLOWED Another fatwa victim had a hairbreadth escape from savage flogging and public humiliation and possible death. Seventeen-year-old Mahmuda Begum of village Manirgati-Noyagaon in Chhatak, Sylhet, is the daughter of a freedom fighter who was driven to destitution and lived by begging. A last-minute rescue operation by the police saved her from undergoing public beating in implementation of a fatwa pronounced against her by a local madrassah teacher and khatib of the local mosque, Abdus Sobhan. This is not the first case of public humiliation of a poverty-stricken woman under the fatwa decree, nor will it possibly be the last if the bigoted and self-seeking ones and enemies of progress are not resisted. The case against unmarried Mahmuda was that she bore an illegitimate child (who later died) after being seduced by a local influential person called Lala Mia. After Friday prayer the local arbitrators decreed that Mahmuda would be flogged publicly. But arbitrators ignored the seducer who was the prime sinner but vented their wrath against the poor girl who was obviously more sinned against than sinning. At the same time a humiliating punishment was inflicted upon the girl's father, the poor freedom fighter. After the story was published in the media police went to the village and rescued the girl and held four people. Abdus Sobhan who pronounced the decree and Lala Mia the seducer are absconding. Fatwa is legally untenable in a modern polity. A parallel justice system cannot be tolerated. In most cases the victims of fatwa are poor women. The salish or arbitration court are welcome only as means of dispute settlement through reconciliation; they cannot be allowed to pronounce sentence or assume the role of a court of law. If Mahmuda were guilty, a first information report with the police should have been filed and the legal process started. In most fatwa cases the victims are the poor who cannot manipulate opinions in their favour. If fatwa is allowed, it will roll back all social progress and land us into the age of darkness. It is remarkable that though our rural society is orthodox and social boycott, etc against transgressors was occasionally enforced, public beating of women for real or imagined crimes and sins was not known. The first well-publicised case of this nature took place in 1993, also in a Sylhet village, where Noorjahan, a poor woman was publicly flogged because a religious leader of the locality ruled that her second marriage was not in conformity with religious injunctions. The woman in her agony committed suicide. Since then this kind of persecution of women in the garb of religious ruling has been going on. A few years ago, in the context of one such incident of persecution of a woman, the High Court decided that fatwa is illegal. The government, in order to appease the fundamentalists, preferred an appeal against the ruling. The government must make its position clear whether fatwa as a do-it-yourself justice can be allowed to continue. _____ [3] Economic and Political Weekly December 9, 2006 THE MAKING OF A 'NEW NEPAL' by Rita Manchanda http://www.epw.org.in/showArticles.php?root=2006&leaf=12&filename=10837&filetype=pdf ______ [4] http://communalism.blogspot.com/2006/12/representation-of-muslims-in-police.html REPRESENTATION OF MUSLIMS IN POLICE FORCE AND COMMUNAL RIOTS by Asghar Ali Engineer (Secular Perspective December 16-31) Sachar Committee Report has given figures of Muslim representation in police force in various states. Praveen Swami, a noted columnist and commentators of current events on Kashmir in particular, and Muslims in general, has written an article in Frontline (December 16, 06) "Bias and the Police" which is quite interesting to read. He examines these figures of Muslim presence in various states and maintains that it is not necessary that greater representation of Muslims in police force can ensure absence of communal violence. Thus Parveen Swami says, "Representative policing is a seductive slogan, offering a one pill solution to an infinitely complex and apparently incurable malaise (emphasis in original). At best, however, it is a placebo -- not a prescription for building professional police force," It is not that one disagrees with Mr. Swami but one has to put things in perspective by examining various factors, which lead to communal violence. Before we do so we would like to throw some light on representation of Muslims in the police force and communal situation in different states. For example in Kerala Muslims are 24.7 per cent of population and their representation in the state police is 12.96 per cent. Thus their presence in police is half their presence in the state population. Yet, Kerala is, by and large, free of communal violence. Similarly, in Tamil Nadu Muslim constitute 5.46 per cent of state population and Muslims are just 0.11 in the police force and Tamil Nadu too, is not communally sensitive pace and barring few riots, it has been by and large free of communal violence. But then in Maharashtra Muslims are 10.60 per cent in population and their presence in police is 4.71 per cent. But Maharashtra witnesses communal violence repeatedly and several parts of Maharashtra are communally sensitive. In Uttar Pradesh Muslims are 18.50 per cent and their presence in police is only 4.24 per cent and who does not know how sensitive several parts of U.P. were ultra sensitive until yesterday. Yet today both U.P. and Bihar (in Bihar too Muslims are just 5.4 per cent in the police force as against their population of 16.53 per cent) are free of communal violence for last few years. Thus Parveen Swami is right in asserting that one should not think that Muslim presence in police force will ensure communal violence free state. In fact no one maintains that presence of Muslims in adequate numbers in police force by itself can ever ensure riot-free society. What is maintained, and Mr. Swami also accepts it, is that proper presence of Muslims in police force would lead, and I would like to emphasise not entirely, but to some extent, proper handling of communal riot and post-communal-riot situation. A prejudiced police force can further aggravate the situation after out-break of communal violence and also can implicate more and more number of innocent Muslims on false charges of rioting, as often happens. Let us remember that communalism and communal violence are fundamentally political phenomenon. Even if there is zero representation of Muslims in police force but political situation is congenial to communal harmony, there will be no outbursts of communal violence. And, on the other and, even if there is over-representation of Muslims in the police force, there is absolutely no guarantee that there will be no communal violence. In Andhra Pradesh Muslim presence in police force is 13.25 per cent as against their population of 9.17 per cent and yet Hyderabad area is communally quite sensitive and frequent communal riots take place. Where there is political determination not to have communal violence, there will be none, even if police is highly prejudicial to Muslims and Muslim presence in police force is minimal. One has to carefully study the political situation in order to understand dynamics of communal violence. It is also, important to understand that in India we have no professional policing. Even if it is our ideal, reality is far from the ideal. Our society is divided vertically in caste hierarchy and horizontally in religious, regional and linguistic communities. Thus we all are carriers of caste, communal, regional and linguistic prejudices. Apart from our society, even our education system inculcate these prejudices in us. And our police being part of our society and having been educated in the same educational system cannot be free of these prejudices. I have been to various institutions of police training and have examined there training system, there is nothing in it that can free the policemen of these socially acquired prejudices. Thus more often than not, a policeman becomes a Hindu or a Gujarati or Maharashtrian, a Brahmin or Rajput when there are caste, communal or linguistic clashes and often unabashedly so. When I was interviewing a police constable in Deonar, a Mumbai suburb during 1992-93 riots, he told me take off my police uniform and I am a Shivsainik at heart. It did not surprise me. The police behaviour was highly partisan during Mumbai riots. Let alone, state police force (this category generally includes constabulary, sub-inspectors and inspectors) even IPS people are often not free of communal and upper caste prejudices. One should not treat the police force as homogenous one. The state recruits carry more raw prejudices both caste and communal whereas IPS force tends to be more sophisticated. Undoubtedly there are secular and honest officers and also those who are secular but yet politically ambitious or aspiring to better and more lucrative posts. Such officers are equally dangerous though they may not be communal or casteist by inclination. Politicians use police officers for their own political purposes. Those police officers who do not give in to political demands are dumped into obscure posting rendering them quite ineffective. It is well-known fact that there will be no communal violence, if it does not suit politicians in their power game. Both U.P. and Bihar were inflammable states for decades. The battle for partition was also fought mainly in these two states in north India. This legacy continued for decades after partition. But the scenario dramatically changed after implementation of Mandal Commission. The backward caste Hindus now entered into alliance with Muslims in U.P. and Bihar, in order to seize political power from upper caste Hindus. Thus MY (Muslim and Yadav) alliance created different compulsions. In both the states Yadav chief ministers curbed communal violence with determination lest they loose Muslim votes. Nitish Kumar, the present Bihar chief Minister though an NDA ally and part of BJP communal outfit, is pursuing secular politics' in his own political interests. He is also trying to win over Muslim votes for his survival. He is competing with Lalu Prasad in luring Muslims. He is ensuring that no communal violence occurs in Bihar. Not only that he demanded that the guilty of Bhagalpur communal riots (of 1989) be punished and Muslims given compensation. He is even justifying the Prime Minister Manmohan Singh's statement that Muslims should get due share in development funds though BJP rocked the Parliament on this issue and did not allow it to function. It also threatened to launch a week -long agitation. But they are keeping quiet on Nitish Kumar's opposite viewpoint. They know in Bihar they cannot maintain coalition in power without such tactics. They even justified Nitish Kumar's stand. BJP pursued hard Hindutva policies in order to promote its own upper caste and middle caste Hindu vote bank. Thus it will be seen that whole issue of communal violence is very complex one. We need secular police force not because it is the only effective way of fighting communal violence; even otherwise we need ideally a secular and professional police force. But problem again is political. Most of our politicians misuse police for their partisan politics and do not want professional and autonomous police force. It suits them to have casteist and communal police servile to their needs. In order to have professional political force, they must be thoroughly grounded in secular values and constitutional spirit, something hardly any politician wants. An autonomous police force is also double-edged sword. Autonomy can be effective only if police is really professionally trained and is freed from all prejudices. But ridden with these prejudices an autonomous force can be more dangerous for religious and linguistic minorities. Also representation of minorities in police is highly desirable as Swami also points out in his article. Not to prevent communal violence as simple solution but to give justice to minorities and also to reduce gravity of communal violence, if it breaks out for political reasons. A secular police may not be able to prevent communal violence but can certain reduce its gravity with even-handed handling. And presence of minorities will certainly help in this respect. Post-riot investigations will also become more just. Despite all political factors, a secular and representative police force (representative of minorities) is highly desirable. _____ [5] Outlook December 25, 2006 KARNATAKA WATCHING THE WAVES, SILENTLY The BJP has got a foothold in coastal Karnataka-thanks to the Congress As the Sangh parivar paints coastal Karnataka saffron, the Congress remains a helpless bystander. Party veteran and ex-Union minister C.K. Jaffar Sharief told Outlook: "Unfortunately, Congress leaders from this region, Oscar Fernandes, Veerappa Moily, Janardan Poojary and Margaret Alva are all in Delhi. The people's representatives must be there to counsel partymen to tackle the Sangh. But there seems to be a lack of ideological commitment. Earlier, S.M. Krishna as chief minister allowed the communal elements to grow." Today, within the Congress' Karnataka unit, there is division and despair. Some feel the only way out is the Gujarat route, playing the soft Hindutva card. Take Poojary who was MP from Mangalore (1977 -1991), now riot-scarred. In 1991, the Ram temple movement swept him aside-or so he believes. He responded by renovating the city's Gokarnath temple, getting Rajiv Gandhi to inaugurate it before launching an annual Dussehra yatra to rival the royal one in Mysore. He defends this today, saying this shrine was one of the first in the south open to Dalits-and therefore the renovation and the Dussehra yatra was as much about social reform as religion. But clearly, it was an attempt to win back the Hindu vote. Journalist and member of Karnataka's Communal Harmony Forum Gauri Lankesh says, "The coastal belt has a long tradition of peaceful Hindu-Muslim co-existence. But no more. And the Congress here-like in Gujarat-is rapidly becoming the BJP's B team." Party general secretary Margaret Alva disagrees: "The BJP has no issue but communalism, and Deve Gowda (former prime minister) is making them respectable. We are fighting them politically." Asked why this isn't evident, she retorts, "Do you expect us to take to the streets?" Some Congressmen are worried that targetting Deve Gowda will only help the BJP fill the non-Congress space: Says a local leader, "If that happens, Karnataka will be the first southern state where the BJP will establish itself as a major party-thanks to us." _____ [6] The Times of India NOW, INDORE TO BECOME INDUR, BHOPAL BHOJPAL [ 18 Dec, 2006 0242Hrs Ist Times News Network ] BHOPAL: After Mumbai, Chennai, Kolkata, Thiruvananthapuram and Bengaluru, the Jabalpur Municipal Corporation has passed a resolution to rename the city to Jabalipuram. The BJP-ruled Madhya Pradesh government is also mulling renaming Bhopal to Bhojpal and Indore to Indur. The resolution was passed in the Jabalpur Municipal Corporation meeting on Saturday, both by BJP and Congress members. Corporators said the city was being renamed after a sage in the 'Ramayana'. The resolution has been sent to the state government. According to some BJP members, every part of the country should be renamed after carrying out historical analysis and research. BJP leader Anil Dave told TOI, "Post Independence, we removed British statues from the country. So why can't we remove the British names of our cities?" "It was a demand by the people of Jabalpur to name it after 'rishi' Jabali who had his meditation camp here," Jabalpur mayor Sushila Singh said. "Let us connect our city with the history and culture of our country. Jabalpur on the banks of river Narmada is a sacred place of Hindu sages." Congress corporator Jagat Bahadur Singh said, "Sadhus gathered in my ward in Narsingh and proposed that the city be renamed after sage Jabali. This was Congress agenda, not the BJP's." Renaming Bhopal to Bhojpal (the city of king Bhoj) after Bhoj Deva - the Paramara king who ruled the region from 1010 AD to 1055 AD and was a soldier, builder, scholar and patron of learning - was BJP's agenda. Bhoj Deva's position in history matched Vikramaditya Chandragupta II who ruled from Ujjaini (now Ujjain). The first attempt to connect Bhopal to Raja Bhoj was made in 2002 when the name of the city's airport was changed to Raja Bhoj International Airport. _____ [7] ibnlive.com December 09, 2006 at 20:23 http://www.ibnlive.com/news/vhp-workers-thrash-young-couples/28066-3.html VHP WORKERS THRASH YOUNG COUPLES MORAL POLICE: The workers were armed with hockey sticks and lathis and thrashed the young men. Ahmedabad: After the Meerut Police carried out Operation Majnu to crack-down on pesky eveteasers, it was the VHP's turn to moral police the society. VHP and Bajrang Dal activists misbehaved with young couples and beat up boys in a park in Ahmedabad. The party workers alleged that some boys were "harassing girls" and thus they decided to teach them a lesson. Among the VHP workers were some girls as well. The workers were armed with hockey sticks and lathis and thrashed the young men. The girls said that they wanted to weed the society of men who used girls for their own means. The Ahmedabad police were nowhere to be seen and the VHP activists were law unto themselves for quite some time. Says a girl who was beaten up, "When I tried to stop them, they hit me four times with stick. I hope no other girl is treated like this." The man behind the lathicharge is said to be Bajrang Dal activist Babu Bajrangi. "We have not taken the law into our hands. We just want to teach girls how to live decently," was all Babu Bajrangi had to say. Bajrangi is accused of one of the deadliest massacres during the 2002 Gujarat riots, the Naroda Patia massacre. o o o http://www.rxpgnews.com/ BAJRANG DAL TARGETS YOUNG COUPLES AGAIN Dec 17, 2006 - 11:08:06 PM Bhopal, Dec 17 - Activists of the Bajrang Dal have warned young couples here against meeting in public places or be ready to be punished. Resorting to so-called moral policing, Bajrang Dal members raided Manuabhan Ki Tekri - a picnic spot here - that also has a Jain temple within its premises and made young couples do sit-ups for indulging in actions against the 'culture of our country'. Though the incident took place Thursday, it came to light Saturday when a regional news channel showed clips of couples being subjected to 'punishment'. The Bajrang Dal has now warned of intensifying their movement against what they call 'obscenity'. 'Bajrang Dal will not tolerate any obscenity at places of religious importance. We took action after we found them in a compromising position and we will continue to take action against such activities,' Vishal Purohit, a Bajrang Dal leader, told IANS. The hardline Hindu group, however, says it was forced to resort to extreme action since the police had failed to check such 'indecent' acts. 'We were compelled to take the law into our hands after police took no steps against our complaints regarding obscenity in public places. We once again urge that police personnel be deployed at religious shrines to curb the display of such obscenity,' Purohit said. Said Superintendent of Police A.K. Singh: 'No one has made any complaint in this connection. We will act if we get a complaint from anyone.' In the past few years, Bajrang Dal has disrupted Valentine's Day celebrations by vandalising gift shops and burning hundreds of cards. _____ [8] UPCOMING EVENTS: (i) GUJARAT GENOCIDE: VICTIM'S ACCOUNT AFTER 5 YEARS - Wednesday December 20 th from 11a.m to 4 p.m at the Indian Social Institute, Lodhi Road, New Delhi. SAHMAT 8, Vithalbhai Patel House, Rafi Marg New Delhi-110001 Tel-23711276/23351424 e-mail: [EMAIL PROTECTED] 19.12.2006 To: The Chief Reporter Citizens for Justice and Peace, a Citizens group working with the victims of the Gujarat Genocide of 2002, and SAHMAT wish to invite you to be part of a Public Hearing on the plight of the victims five years after the State sponsored Genocide. The day long Public Hearing is scheduled for Wednesday December 20th in New Delhi from 11a.m to 4 p.m at the Indian Social Institute, Lodhi Road,New Delhi. Present will be victims of the violence and legal representatives to give an update on the current status of relief and justice, five years after the events. This is a follow-up to the victims testimony which we organised in 2002. Please send a photographer and a reporter to cover the hearing. Citizens For Justice and Peace SAHMAT Teesta Setalvad Ram Rahman ____ (ii) Nyaygrah campaign for legal justice and reconciliation in Gujarat Dear Friends On Dec 28 morning from 10 to 12.30 pm, workers, friends and supporters of the Nyaygrah campaign for legal justice and reconciliation in Gujarat will gather at Ahmedabad. On this morning, Indira Jaisingh has kindly agreed to release the legal manual prepared by Lawyers Collective and Aman Biradari, and Ram Kumar Narayan will release the report of the survey of the latest condition in all 81 relief colonies. We are on this occasion going to invite all the justice workers, as well as affected people who have resisted, fought fear and boycott, spoken the truth in courts under very adverse circumstances, and shown extraordinary compassion and courage. It would be great if it is possible for you to kindly join us at Ahmedabad on this occasion. Gandhiji spoke of Satyagraha as a people's struggle for truth. In the context of continued injustice, impunity and economic blockade faced by people in Gujarat only because they follow a different faith, a people's campaign for justice and equal rights guaranteed under the constitution, peace and reconciliation in under way in Gujarat called Nyayagrah. Nyayagrah's efforts for legal justice is founded on the strategy of mass community based lawyering. Most organisations decided to focus all their attention and resources on selected major 'test cases', where there was a great deal of loss of life, and to fight these with the best legal talent, and considerable resources and efforts for witness protection and support. The outcome of these efforts has been very salutary. Nyayagrah attempts to complement and support these major efforts for justice. Despite the very important wider impact of the legal efforts focussed on a few major cases, in a practical sense an estimated 80 to 90 percent of the victims still had to struggle on their own to fight their legal cases. This would be a formidable human rights challenge even in more 'normal' circumstances, but it can be devastating both for justice and people's morale in the situation of massive unprecedented state subversion of justice. This is compounded further by the atmosphere and intimidation, in which large numbers of people are being coerced to concede to humiliating 'compromises' of agreeing to withhold or even reverse their evidence that can bring the guilty to book. Legal justice for the victims of 2002 is the core of our work but we are also committed to working towards building trust and peace between the two communities. The fundamental philosophy underpinning the campaign is that justice is a prerequisite to peace and work of building trust between the two communities has to be on terms which are fair and grounded on values of equality, respect and care for the other. We therefore are against compromises that were reached under coercive and unjust circumstances. We have heard of Muslim citizens being denied the right to legal justice as a precondition to returning to their village homes. We are resolutely against any reconciliation based on such unjust foundations. The Nyayagrah team is a mix of Hindus/Muslims, men/women, middle class/working class, believers/non-believers who are drawn together by their commitment to the ideal of equal citizenship rights for all Gujaratis irrespective of their religion, class or gender. We are committed to pursuing our aims within certain ethical parameters, to struggle to pursue the path of truth and justice by striving to follow a truthful and just path. We are clear in our advice and guidance to nyaypathiks not to offer any inducements to victims and witnesses to fight their cases and not to make their willingness to fight a condition of our support. The battle for justice and healing will be a long drawn out one. The campaign is presently primarily working in the four districts of Ahmedabad, Sabarkantha, Kheda and Anand. One major part of our efforts for legal justice has focussed on the Supreme Court. Nyaygrah with Lawyers' Collective fought a long battle in the Supreme Court to challenge the closure without trial of more than 2000 cases registered after the carnage. The historic order from the Supreme Court in September 2004 to re-examine all cases that were summarily closed or acquitted opened up the opportunity to secure justice for thousands of survivors of the Gujarat carnage. We persisted with our efforts in the Supreme Court. An enormous success of Nyayagrah is that the Gujarat government in January 2006 has finally had to bow down to the repeated pressures in the Supreme Court as well as on the ground, and ordered the reopening of all but 22 of the closed cases. This means that the opportunity t! o secure justice has been successfully reclaimed for thousands of the victims of the massacre. But we realised that now the battle has to be strengthened on the ground, directly with the survivors who live each day with fear and hate. Overall, we have now contacted affected persons/families in 844 cases in the four districts. This indicates a progress of 627 further contacts since February. It is estimated that about 50% of the affected people are internally displaced. The justice activists have to make many visits before they are able to win the confidence and trust of the victims to start discussing the details of their individual cases and ascertain what the problems in each particular case are. Taken across the four districts, we have managed to convince affected persons in 334 out of 844 cases which translates to about 4 in every 10 case contacted so far has agreed to fight his/her /their case. It is important to remember that because of the phenomenon of omnibus FIRs (First Investigation Report) where entire villages, sometimes 2-3 villages were included in a single FIR. The result is that a case may easily have 30-40 victims/witnesses and the justice activists in such cases have to contact numerous people and call group meetings to inform and advise the people about their legal rights and the nature of support Nyayagrah can give them to fight for justice. It would be wonderful if you can make the time to join us at Ahmedabad on the morning of 28 Dec, for the release of the legal manual and report on colonies, to reflect and share in the on-going work for justice and reconciliation, to meet the justice workers and survivors, and to celebrate their courage, compassion and humanity. Thank you for your on-going solidarity. Warm regards, Harsh Mander Darkness can never drive out darkness. Only light can do that. Martin Luther King Jr. ------------------ Aman Biradari R-38/A, Second Floor, South Extension Part II, New Delhi 110 049 _/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/ Buzz on the perils of fundamentalist politics, on matters of peace and democratisation in South Asia. SACW is an independent & non-profit citizens wire service run since 1998 by South Asia Citizens Web: www.sacw.net/ SACW archive is available at: bridget.jatol.com/pipermail/sacw_insaf.net/ DISCLAIMER: Opinions expressed in materials carried in the posts do not necessarily reflect the views of SACW compilers. _______________________________________________ SACW mailing list SACW@insaf.net http://insaf.net/mailman/listinfo/sacw_insaf.net