Islamophobic and Anti_Hindu crime in New York takes life

December 31, 2012

by Annie Robbins and Alex Kane
ZoneAsia-Pk

A horrific crime if we’ve ever seen one–and a reminder that Islamophobia affects many communities outside Muslim ones.

From the AP:

A woman who told police she shoved a man to his death off a subway platform into the path of a train because she hates Muslims and thought he was one was charged Saturday with murder as a hate crime, prosecutors said.

…..

“I pushed a Muslim off the train tracks because I hate Hindus and Muslims ever since 2001 when they put down the twin towers I’ve been beating them up,” Menendez told police, according to the district attorney’s office.

……

Mayor Michael Bloomberg on Friday urged residents to keep Sen’s death in perspective as he touted new historic lows in the city’s annual homicide and shooting totals.

“It’s a very tragic case, but what we want to focus on today is the overall safety in New York,” Bloomberg told reporters following a police academy graduation.

What kind of perspective is Bloomberg referencing? If someone said “I shoved a Jew in front of a train because I hate Jews,” would Bloomberg be touting drops in the city’s annual homicide and shooting totals? Quite an insensitive comment, at the very least.

After this news broke, Twitter was aflutter with people pointing to Pamela Geller as one culprit pushing anti-Muslim sentiment in the city. Geller’s organization, the American Freedom Defense Initiative, recently put up a new crop of ads that features the World Trade Center burning with a Qu’ran verse printed to the right of the towers.

Geller’s role in promoting anti-Muslim sentiment of the sort that leads to Islamophobic hate crimes should not be in dispute. But what should also be highlighted is how New York City’s own police force has promoted anti-Muslim bigotry time and time again, from surveillance of Muslims that places the whole community under suspicion to training officers with an Islamophobic flick.

Friend of Mondoweiss Lizzy Ratner made this point in her excellent piece on Geller in The Nation:

Though Geller and her crew are fringe elements, they are not random or spontaneous, idiopathic lesions on the healthier whole. They are, quite sadly, part of this country, outcroppings of something big and ugly that has been seeping and creeping through the body politic for years. In the decade since September 11, anti-Arab and anti-Muslim bigotry has become an entrenched feature of our political and social landscape. It lurks in the hidden corners of everyday life-in classrooms and offices and housing complexes-as well as in the ugly scenes that occasionally explode into public consciousness. In the special registration of Middle Eastern men after 9/11. In the vicious campaign against Debbie Almontaser, the American Muslim school teacher who tried to open the Arabic-language Khalil Gibran International Academy (KGIA) and was tarred as an extremist. In the attack on the Park51 Islamic center, more commonly (if less accurately) known as the Ground Zero mosque. In the New York Police Department’s selective surveillance of Muslim communities. And that’s just New York City. All of these instances should have called on our horror and outrage, and in all too many of them, society hasn’t lived up.

This crime appears to be the latest manifestation of New York City’s Islamophobia. This time, it cost a life.


India’s Major Bulbul arrested in US

March 1, 2011

The Daily Mail

Former Indian Army Major accused of Kashmir HR activist’s murder

JAMMU(IOK) – A former Indian Army Major accused of the extrajudicial killing of a noted Kashmir human rights activist has been arrested in the US and would be handed over to the state police within a fortnight, Indian occupied Kashmir police said on Monday.

According to reports, fomer Major Avtar singh was arrested by the California police after his wife accused him of beating her. “It was the victim (wife) who informed the police in the US that he was also wanted in the murder case of one of the human right activists in Indian Occupied part of Kashmir ” the reports said.

On March 8, 1996, Major Avtar Singh, known as “Bulbul” (nightingale), of the 35th Rashtriya Rifles unit of the Indian army arrested Jaleel Andrabi, a human right activist near Barazulla on airport road when the activist was driving home along with his wife. The Jammu and Kashmir Bar Association filed a habeas corpus petition in the occupied Jammu and Kashmir High Court on March 9, and the court ordered the army to produce Andrabi. However, the Indian army denied that Andrabi was in custody. Over the next two weeks, the court continued to grant the government extensions for replying to the petition.

The trussed-up body of Jalil Andrabi, a prominent human rights lawyer was found in the Kursuraj Bagh area of Srinagar on the banks of the Jhelum river on the morning of March 27, 1996. Andrabi, who was forty-two, had been shot in the head and his eyes had been gouged out. An autopsy showed that he had been killed days after his arrest. As a result, the case for murder against the accused officer was pending adjudication in a Srinagar court.

Chief Judicial Magistrate (CJM) Srinagar, Mohammed Ibrahim Wani on Febuaray 6, 2010 issued interpol red corner notice against Major Avtar singh. The CJM directed the Ministry of Home affairs to forward the arrest warrant to Interpol through its office in New Delhi. The accused army officer, it is now learnt, has been hiding in Calfornia, US. “Yes we located the accused former Major. The US police informed the interpol and in turn they communicated us,” said Raja Ajaz Ali Inspector General of Crime wing in occupied Jammu and Kashmir police. Raja Ajaz , who is also laison officer of interpol in Indian occupied Jammu and Kashmir, said that the accused was in the preventive custody of the US police in California and would shifted to Srinagar in fifteen days.

“We were asked by the interpol and the US police to furnish fresh warrants against the accused and we have acquired the same from sessions court in Srinagar,” IG crime branch said. According to IG Raja Ajaz Ali, the ministry of home affairs has also been informed about the intimation by the interpol.


Bugti’s son seeking legal advice to bring Musharraf back

October 14, 2010

ISLAMABAD: Talal Bugti, son of slain Nawab Akbar Khan Bugti, says he has sought legal advice from senior lawyers for General (Retd) Pervez Musharraf’s early repatriation and trial either inside Pakistan or in the United Kingdom for his father’s murder.

“Besides, my legal aides will also move a petition in the Supreme Court seeking measures at the state level such as seeking his extradition through Interpol or diplomatic channels,” Talal told our sources on Wednesday.

To a question he said his earlier application for the trial of those involved in Akbar Bugti’s assassination is still pending before the apex court for the last so many months. “That is why we are now moving a petition rather than filing another application and this time Musharraf, the real culprit, will be the focus.”

Talal Bugti hinted at the issuance of a ‘Fatwa’ from the religious scholars to declare Pervez Musharraf a “Suleman Rushdi” of Pakistan. “Which crime did he not commit in his eight-year dictatorial rule? Soon you will get a ‘Fatwa’ from the Ulema of all schools of thought over his heinous crimes, with particular reference to the massacre at Lal Masjid.”

He expressed his readiness for a face-to-face encounter with Musharraf on Akbar Bugti’s murder. “I accept his challenge and am fully prepared for it.” He said a retired military officer is ready to turn approver against former dictator.

Talal, who leads Jamhori Wattan Party (JWP), ruled out the possibility of a direct contact with the government to seek Musharraf’s return, saying the PPP leadership is protecting him.

“Did not they (rulers) arrange a guard of honour and safe exit for a dictator despite knowing about his involvement in Akbar Bugti’s murder and so many other crimes?” he asked. He asked Musharraf to face the people of Pakistan instead of issuing irresponsible statements from abroad. “We have a strong case against Musharraf as not only he is a murderer of thousands of people but also of democracy,” he said.

The JWP chief disclosed that he along with his son Shahzain Bugti would meet Islamabad-based diplomats in connection with their campaign to get Musharraf back. “We will be in Islamabad in a week or so.”


1984 anti-Sikh riots case: Charges framed against Sajjan Kumar

July 8, 2010

Press Trust of India

New Delhi: A Delhi court on Wednesday framed charges of murder and rioting against senior Congress leader Sajjan Kumar and others in connection with a 1984 anti-Sikh riots case in which six persons were killed in Sultanpuri in New Delhi.

Additional Sessions Judge Sunita Gupta, after finding prima facie evidence against the Congress leader and others, decided to record statements of witnesses from August 23.

The court had on July 1 ordered framing of charges in the case. The framing of charges paves the way for initiation of trial in a criminal case.

Besides murder and rioting, the court also framed charges against Kumar, Brahmanand Gupta, Peru, Khushal Singh and Ved Prakash for the offence of spreading enmity between two communities.


Kashmir Rises Again

June 30, 2010

By Arun Bansi – ZoneAsia-Pk

Not that it ever subsided but the violence in Kashmir is back and the atrocities by Indian security forces equipped with special powers under a Draconian law have started again. The underlying reason is the brutal rape, murder and subsequent cover-up by Indian soldiers in Sopore. This was never forgotten nor will it be forgotten because the 17 and 22 year old girls were killed in cold blood by a brutalized military that uses rape, torture and murder as a weapon.

Read Complete Article Here: http://www.zoneasia-pk.com/ZoneAsia-Pk/index.php?option=com_content&view=article&id=494:kashmir-rises-again&catid=39:warconflict&Itemid=63


‘My daughter was raped by a monster’

June 28, 2010

Abhishek Anand

Brutal sexual assault on 5-year-old in southeast Delhi; victim’s private parts to be reconstructed


Bruised innocence: Payal at her home

Crime and the Capital have long shared an unhealthy liaison. But certain criminal acts make you wary of the dark side of the human mind.

On the 4th of June, 5-year-old Payal was raped at the railway quarters in Pul Prahlad Pur area in southeast Delhi. She was rushed to AIIMS and the accused Jugnu (26) was nabbed the next day and sent to Tihar Jail. But the victim’s troubles are far from over. Her vaginal system has been completely damaged in the incident and she is allowed to eat very little, with doctors fearing further complications.

“My daughter was playing outside our home when she was kidnapped. I searched for her for 2 hours without luck. At around 3.30 pm she returned home. She was dripping blood and her cloths were torn. She told me that a boy took her to the railway quarters and raped her. I took her to the spot and a found a lot of blood there; the blood was literally flowing down the stairs.

My daughter was crying with pain. I called the police and they took her to the hospital. The doctors have operated upon her private parts twice, but she is yet to recover. 2 more operations are to be conducted for complete reconstruction of the parts. Doctors told us that it seems like she was raped by a monster; her private parts are badly ravaged,” said Madhu (name changed), mother of the victim.

“We have done 2 surgeries trying to reconstruct the busted muscles. But the wounds are severe and she needs time to recover. At this time she is unable to egest anything from her body,” said Doctor Jyoti, a medical expert treating the victim.

The family is in a state of trauma. The victim’s father is a plumber by profession and doesn’t have enough money for providing adequate treatment to his daughter.

“The monster took away all the happiness in our lives. Payal is suffering unbearable pain. She always carries a catheter; she can’t eat, can’t go to the washroom. The culprit must be hanged. My daughter is just 5 years old, what wrong could she have done? Why did this happen to my daughter?” asked Shiv Nath (name changed), father of the victim.

The police say they have done their best.

“We received a PCR call at around 4 pm from railway colony and on reaching the spot we found a 5-year-old girl lying in a pool of blood. We immediately took her to the hospital. We arrested the accused within 24 hours of the incident and sent him to jail”, said a police officer.
(All names have been changed)


Indian Paramilitary Executes People With AK47

June 17, 2010

The problem with being executed naked is that everyone can tell when you shit yourself with fear.


India police file fresh complaint against sex crime cop

January 4, 2010

Police in Indian state of Haryana have registered fresh complaints against a former senior police officer convicted for molesting a 14-year-old girl.


Ruchika was a budding tennis player

Two “first information reports” were filed against SPS Rathore for allegedly charging the girl’s brother falsely with a number of theft cases.

Mr Rathore sought anticipatory bail following the complaints. A court will hear the case on Friday.

Ruchika Girhotra complained in 1990 that she was assaulted by Mr Rathore.

Three years later, she committed suicide, after she and her family had suffered a harassment campaign.

There has been outrage in India over the six-month jail sentence handed out to Mr Rathore for molesting Ruchika.

He is currently on bail and has said he would appeal against the order.

Ruchika’s family and activists say he has got away with a “very light punishment”.

Ruchika’s father and brother have now filed fresh complaints against Mr Rathore for allegedly filing false charges against the latter in a number of theft cases and physical intimidation.

“We will probe the matter and the law will take its course as per investigation,” local police officer Maneesh Chaudhury said.

India’s National Commission for Women has also demanded that the police should revisit the case and fresh charges should be filed against any individual or institution responsible for “suppressing and influencing” investigation.

‘People’s fight’

Television footage, showing a laughing and unrepentant Mr Rathore following the court order, has angered civil rights groups.

Campaigners say he should be tried for “abetment of suicide” which carries a much longer jail sentence.

“Nineteen years have passed since the molestation incident and 16 years since Ruchika’s suicide. But I am still hopeful that justice will be done because now it has become a people’s fight,” said Aradhana, a friend of Ruchika, who has been leading a public campaign against the senior police officer.

Analysts say Ruchika’s case is a classic example of misuse of official power by a police officer who used his influence and contacts to escape punishment for nearly two decades for his crime.

Ruchika was a budding tennis player when she was assaulted by Mr Rathore, a senior police officer and president of Haryana state Lawn Tennis Association.

After her family lodged a complaint with the Haryana chief minister, the state police chief RR Singh was asked to investigate the case.

In his report, Mr Singh said there was credible evidence in the allegations and ordered the police to file a case against Mr Rathore.

He then allegedly used his influence to harass the family.

Ruchika was thrown out of school for “late fee payment” and her 14-year-old brother Ashu was falsely charged with theft several times until the Punjab and Haryana high court intervened and ordered an end to his harassment.

Unable to deal with the trauma, Ruchika committed suicide in December 1993 and her family went into hiding.

In 1997, the case was handed over to the federal police, Central Bureau of Investigation (CBI), which concluded Mr Rathore was guilty and formally pressed charges in court in 2000.

In the meantime, Mr Rathore was promoted to the head of Haryana police.


Gandhi, Guevara Fifty-Fifty

December 30, 2009

By Satya Sagar
27 December, 2009
Countercurrents.org

“How do we make non-violent activism sexy?” asked a friend in a letter to me recently.

His question was posed in the context of the ongoing debate in the national media and elsewhere about the supposed threat to national security from Maoists who are mobilising tribals in central and eastern India for a protracted war to overthrow the Indian State. The State on its part is marshalling its paramilitary and other troops to ‘flush out’ the Maoists, unfazed by the collateral damage this civil war is likely to cause among the already severely exploited tribal population.

My friend’s point was really that peaceful, democratic social movements never seem to get the same kind of publicity or government attention given to bloodshed by dissident groups of various hues. For example, the reason why the Maoists get so much play from the government and national media is precisely because of their regular use and explicit promotion of armed action as a means to further their cause. The same national political elite and media that calls on the Maoists to enter the mainstream, abjure violence and work within the framework of the Indian Constitution, would not pay any attention to their demands at all if the latter really give up the gun.

Just look around India right now and there are dozens, maybe even hundreds, of social activists and groups working peacefully and democratically on a range of important issues for many years. There are movements against forced displacement, struggles for land and forest rights, education and health facilities or the rights of oppressed castes and ethnic minorities- some of them successful, many of them not so. All are dismissed by those in power as not ‘threatening enough’ to be taken seriously. Ironically or deliberately, for all its official abhorrence of violent means, the Indian State and its bulldog media are promoting the perverse idea that if you want to be heard, you have to use the gun.

One good example is that of the Manipuri poet and activist Sharmila Irom, who on 2 November 2009 entered her tenth straight year of fasting demanding the repeal of the Armed Forces Special Powers Act (AFSPA) in Manipur- a world record if there is one for hunger fasts anywhere. The AFSPA is one of the most draconian laws anywhere in the world and allows even foot soldiers of the Indian army to shoot ‘suspected’ militants, a privilege they abuse with frightening abandon. Sharmila’s marathon fast though is not the kind of stuff that makes the Indian government even think, leave alone blink. Instead the soft-bellied but hard-nosed politicos who run this country must be simply laughing their guts out at her non-violently starving herself for democratic rights.

Violence Vs Non-Violence

I personally don’t have any absolute position on the issue of violence versus non-violence because both terms are in my view impossible to define with precision and no meaningful debate is possible around them.

For example, do not the speculative flows of global capital that leave in their wake thousands upon thousands destitute, driving many to commit suicide, constitute a clear form of violence? Nobody puts a gun to the heads of the 2.5 million Indian children who die every year due to malnutrition- so are these supposed to be ‘non-violent’ deaths?

Further the ethical and moral dimension of any action depends on the specific context and cannot be pre-judged or prescribed in a cast-in-iron manner. The Muslims who died in Gujarat’s 2002 pogrom for example surely had the right- if they had got the chance at all- to shoot the fascist mobs that managed to lynch them because they found them unarmed.

In many ways the concept of ‘non-violence’ also depends crucially on how ‘violence’ is defined and by looking at the kind of ‘violence’ that is perpetrated. In other words, the notion of proportionality is very crucial to understanding what is ‘non-violence’ and what is not. For instance, if I am threatened by a regime that merely sends me to jail for dissent then the corresponding ‘non-violent’ strategy will different than if my oppressor tries to bomb me and my entire neighbourhood out of existence, a la Iraq or Afghanistan.

On a purely theoretical plane my own answer to the question ‘Gandhi or Guevara?’ is ‘fifty-fifty’. Both had their spectacular successes and abject failures in different contexts.

Gandhi for example after leading a non-violent struggle for India’s freedom could do little to prevent the Partition of the sub-continent that led to the deaths of over 2 million people and displacement of 14 million more within the space of just a few months. This was violence on a scale shocking even for a planet just emerging from two successive World Wars and showed the limitations of Gandhi’s politics of non-violence, that could not take into account the machinations of various other forces operating around him.

Che on the other hand after participating in the violent overthrow of Cuba’s Batista dictatorship got murdered in Bolivia, after failing to get local peasants and workers to join his attempts to spark off an armed rebellion. Four decades later, in the same Bolivia, a revolutionary new government has been elected to power under the leadership of Evo Morales, who successfully mobilised the country’s much oppressed indigenous population through militant but unarmed movements.

The Indian Context

In the Indian context, unfortunately, the language of physical force and bloodshed has been preferred by the Indian ruling elites over that of peace and persuasion not just in modern times but for millennia. One has simply to delve into Indian mythology to easily recognise the horrific militarism that permeates every ancient epic and the routine valorisation of intrigue, bloodshed and the murderous mindset it represents.

So in the famous sermon on the battlefield, the Bhagvat Gita, the Hindu deity Krishna exhorts Arjuna to drop his qualms about killing his close relatives, his guru and all those he loves and respects in the ‘enemy’ camp as his ‘karma’ or ‘duty’ to kill is more important than human values. Almost every Hindu god is further depicted carrying war weapons meant to exterminate ‘asuras’ and ‘rakshasas’- obvious euphemisms for some tribal character or the other whose resources were being taken over by the ever expanding Aryan ‘deva’ population. Even the gods are insecure in this country of ours.

Since Independence the Indian ruling class has simply reverted to such age old traditions of using naked force to deal with social sections considered ‘inferior’- like ethnic or religious minorities, Dalits, Adivasis, workers or peasants. Forget about actual civil conflict of which this country has seen plenty since 1947 in Nagaland, Mizoram, Kashmir, Punjab and so on – just look at the figures of deaths in police custody around the country, the highest in the world, and you can understand how violence is an integral part of the Indian State’s day to day functioning.

And why blame the formal Indian State alone, why not take a closer look at the sheer amount of violence that exists in every nook and corner of Indian society itself- where even disputes over parking of cars in the capital city often result in murder. Between dowry deaths, honour killings, female foeticide, infanticide, caste related massacres and jealousies aroused by simple boy-girl romances India is more a Super-Slaughterhouse than the Superpower it wants to be or the Land of Ahimsa it claims to have been in the past.

As for Indian political organizations today, it is not just radical sections like the Maoists but all mainstream national level parties, like the Congress, BJP and CPI(M), that use violent means routinely to establish their hegemony as evident from their respective roles in the 1984 anti-Sikh pogrom, the Gujarat genocide and the Nandigram massacre. While operating within the democratic spaces offered by the Indian polity, contesting parliamentary elections and claiming allegiance to the Indian Constitution, they show little respect in actual practice for democratic rights, norms or processes. As far as they are concerned such spaces are to be merely exploited till such a time they are in complete command and the pretence of democracy itself can be cast off like a dispensable cover over their quest for raw power.

Modernity and Violence

There is yet another source of great violence in the world we live in that comes from the notions of modernity that have been in vogue since the nineteenth century. It is violence born out of blind belief in the concepts of the fortified nation state, industrialisation, urbanisation and ever-increasing production and consumption as being synonymous with progress and development.

During the last fifty-two years, some 3.300 big dams have been constructed in India and another 1,000 are under construction leading to the displacement of anywhere between 21 to 33 million people. Over 55 percent of those displaced are from tribal communities who constitute only 8 percent of India’s population but pay a disproportionately heavy price for national ‘growth’.

Further the skewed policies in favour of urbanization and industrialization has pauperized India’s rural folk, whose survival depends on the callously neglected agricultural sector. Over 180,000 farmers have committed suicide between 1997 and 2007 while millions of villagers are forced to migrate to the cities as economic refugees to live in miserable slums that do not offer even the most basic of amenities leave alone a life of dignity. The urban centers of India are sucking the resources of the countryside dry and with it the very basis of existence of 70 percent of the country’s population.

If one adds to all this the annual toll of human lives extracted by the indiscriminate use of pesticides, industrial accidents, pollution of water by toxic wastes, loss of soil fertility due to Green Revolution agriculture and so on the costs of modern progress are exceedingly high indeed.

Reform or Revolution?

So given all these multiple sources of violence what are the brave but increasingly lonely activists advocating ‘non-violence’ as a means of social action and political change supposed to do?

I would argue that it is precisely because of all the violence around us that there is an even greater need for non-violent approaches to solving social problems. There is in fact an urgent need to lower the levels of violence not just in India but all over the South Asian sub-continent that is home to two nuclear powers and has already seen several wars and the horrific massacres of the Partition.

Armed actions do produce results sometimes and are highly attractive therefore to impatient youth or groups for whom it is part of ideological faith. However, hard experience tells the victories are very often ephemeral and only lay the foundation for yet another bout of bloodshed and the cycle keeps spinning out of control well beyond the original objectives with which the violence started. The examples of such violence begetting violence without end are strewn all over the planet from the killing fields of Cambodia to the tropical forests of Colombia.

Armed actions are also elitist in nature and do not allow mass participation thereby depriving an opportunity to politicise the greatest number and build the basis for a genuinely democratic movement or a democratic future. A handful of Robin Hoods do not a Revolution make and it is ultimately the political experience of millions of ordinary citizens that can ensure one dictatorship is not merely replaced by another.

Talking about revolution, political parties that describe themselves as revolutionary and which have the integrity and even perhaps the right social vision should also stop looking down on unarmed movements as ‘reformist’ or conflating all ‘revolutionary’ work with armed action alone. ‘Reform or Revolution?’ is in fact a trick question – like ‘food or freedom’, ‘love or money’, ‘democracy or development’? As if any of these two terms are mutually exclusive and as if anybody really knows where one ends and the other begins. Is it not simply absurd for some of the most sincere and committed political activists we have to be willing to give up their lives for a cause because this is ‘revolutionary’ but not give a glass of water to someone dying of thirst because this is seen as ‘reformist’?

Finally, the reason why armed actions should be avoided as much as possible in the current Indian context is simply because a hell of a lot of problems in the country like the caste system, religious bigotry, honour killings, female foeticide, patriarchy or environmental destruction are extremely complex and cannot be solved by merely shooting bullets or setting off bombs. They require intelligent long-term interventions with a lot of care and perseverance and the involvement of millions in a country as large as India. The weapons of choice are really that of knowledge and courage combined with creative ways or organising the diverse people of this land. The objectives should be to achieve tangible goals such as ensuring basic standards of nutrition, health, education and the infrastructure needed to lead a decent life of dignity.

In that sense they are more like the challenges faced by the farmer trying to grow his crop on hostile soil and battling the vagaries of the weather than that of an engineer trying get a mountain out of his way for a project. The latter can use dynamite but for the former this would be suicidal. Ironically, many advocates of agrarian revolution in the subcontinent seem to be in a tearing hurry to capture the land without doing the hard work of cultivating the soil, waiting for the first rains or planting the seeds of a future society all around. It may be time to learn from the humble Indian peasant and show a little more patience and wisdom instead of ending up harvesting an imaginary crop and cooking a non-existent meal.

Satya Sagar is a journalist, writer and videomaker based in New Delhi. He can be reached at sagarnama@gmail.com


Weak law allowed molester DGP to smile after being convicted

December 24, 2009

Manoj Mitta, TNN

NEW DELHI: If former Haryana police chief SPS Rathore has got away with a six-month sentence for molesting a 14-year-old girl, Ruchika Girhotra, who killed herself three years later while desperately searching for justice, it is mainly due to a glaring lacuna in the 150-year-old Indian Penal Code, which does not have any provisions for child victims of sexual molestation.

While there are special provisions for child victims of rape, where the minimum punishment is 10 years jail as against the norm of seven years, the law on sexual abuse, under which come all abuses apart from rape, has been left untouched.

This anomaly has not been redressed even after the Law Commission, in its 172nd report in 2000, recommended a provision recognizing and penalizing child sexual abuse. Besides expanding the definition of rape to include all forms of penetration, the commission suggested the introduction of an offence called “unlawful sexual contact” to impose a maximum sentence of seven years on the likes of Rathore.

Given that the Law Commission report came a decade after Ruchira’s molestation, it is perhaps no coincidence that the proposed definition of unlawful sexual contact to protect, among others, young persons below the age of 16 seems so apt: “Whoever being in a position of trust or authority towards a young person or is a person with whom the young person is in a relationship of dependency, touches, directly or indirectly, with sexual intent, with a part of the body or with an object, any part of the body of such young person, shall be punished with imprisonment of either description which may extend to seven years and shall also be liable to fine.”

In other words, Rathore could have got a seven-year term under the proposed law. The existing law, however, could have given a two-year term. But after convicting him on Monday, magistrate J S Sidhu settled for a quarter of the possible sentence even as he held that he was not taking a “liberal view” given that the allegations of “moral turpitude” were serious in nature, “particularly … when the victim was minor”.

The reduction of the sentence to six months despite the reference to Ruchika’s age only highlighted the legal lacuna in India which, unlike western democracies, is yet to enact a special provision to penalize child sexual abuse. While Section 375 (defining rape) stipulates that consent is irrelevant when the rape victim is below 16, Section 376 (penalising rape) imposes a minimum sentence of 10 years if she is below 12. But if the sexual crime in question does not fit the narrow definition of rape (penile vaginal penetration), child victims, inexplicably, fall off the radar.

Irrespective of the age of the victims, the maximum sentence prescribed by Sections 354 (“assault or criminal force to woman with intent to outrage her modesty”) and Section 509 (“word, gesture or act intended to insult the modesty of a woman) is just two years.


Kashmiris Call For International Probe After India Rape Cover-Up

December 23, 2009

Video: Indian Army Raped Two More Kashmiri Women

The report of the pro-Indian government of Kashmir claimed that the two women – a 17-year-old and her 22-year-old sister-in-law – died by drowning, and not rape and murder at the hands of Indian occupation soldiers. The events of Dec. 15, 2009, mark another Kashmiri uprising against oppressive Indian rule. This is embarrassing for New Delhi and its allies in Washington and London, especially Pakistan cannot be blamed for this and after the move by China to stop treating Kashmiris as Indian citizens and World Bank’s decision to decline treating Kashmir as Indian territory.

Thousands of angry Kashmiris took to the streets on Dec. 15, a day after federal police investigating the deaths of two women said they “drowned” and were not raped and killed, triggering claims of a cover-up.

The deaths of Neelofar Jan, 22, and her sister-in-law, 17-year-old Asiya Jan, in May had sparked protests in the disputed Himalayan region. Locals said they had been sexually abused and killed by the security forces.

Four police officers were later arrested on charges of suppressing and destroying evidence in the case. The officers were freed in September, a move that further angered residents.

Dr. Maleeha Lodhi, Pakistan’s former envoy to Washington and a potential replacement for the incumbent ambassador there, wrote in her column in today’s The News:

“In the month that marked 20 years of the uprising against Indian rule, occupied Kashmir once again erupted in anger. The shutters came down and life was paralyzed by a strike across the Valley on Dec 15. This time the protest was ignited by the findings of a federal police investigation into the rape and murder in May of two women in Shopian, a town 35 kilometers from Srinagar.”

Even more interesting is the reaction of pro-Indian Kashmiris who are part of the Indian puppet government in the occupied region. This is how Dr. Lodhi referred to one of those Kashmiri ‘leaders’, Mehbooba Mufti:

“Mehbooba Mufti, the opposition leader in the state assembly, had this to say: “The whole charade of investigations by multiple agencies was aimed at shielding the culprits rather than bringing them to book.” She was referring to the bizarre sequence of events since May when local officials initially claimed that the girls had drowned, then retracted this in the face of mass protests and agreed they might have been murdered.”

In September after weeks of protests, India’s Central Bureau of Investigation or CBI took over the case.

In a report for India’s high court Monday, the federal agency concluded that the two had “drowned”, ruling out rape and murder.

“International probe”

On Tuesday, thousands of people gathered in the main square in Shopian chanting, “We want freedom” and “Sisters, we are ashamed that your killers are still free.”

In both Shopian and Srinagar, shops and businesses stayed shut and public transport remained off the streets in response to a strike called by the Majlis-e-Mashawarat, a local group demanding justice for the two women.

The strike is also supported by Mirwaiz Umar Farooq, head of the All Parties’ Hurriyat Conference, an alliance of pro-independence groups in the region.

On Tuesday, Farooq called the CBI report politically motivated and said that he supported the Majlis-e-Mashawarat’s call for an independent international probe into the deaths.

Veteran Kashmiri Hurriyet leader, Syed Ali Gilani also strongly condemned the CBI report, terming it as “an attempt to shield the men in uniform”.

Tens of thousands of Muslims have been killed since simmering discontent against Indian rule turned into a full opposition in 1989.

In 1948, the United Nations adopted a resolution calling for a referendum for Kashmir to determine whether the Himalayan region should be part of India and Pakistan. But India has rejected to hold referendum in Kashmiri territory. Kashmiris see India as an “occupier state”.

http://www.worldbulletin.net/, printed on 15.12.2009.


The meaning of Shopian

December 23, 2009

By Dr Maleeha Lodhi

In the month that marked 20 years of the uprising against Indian rule, occupied Kashmir once again erupted in anger. The shutters came down and life was paralysed by a strike across the Valley on Dec 15. This time the protest was ignited by the findings of a federal police investigation into the rape and murder in May of two women in Shopian, a town 35 kilometres from Srinagar.

Thousands of angry youths took to the streets in Shopian in response to the call by the victims’ families and the Majlis-e-Mushiwarat, a local group formed to secure justice for the murdered women.

The report of the Central Bureau of Investigation (CBI) presented to the Jammu and Kashmir High Court claimed that the two women – a 17-year-old and her 22-year-old sister-in-law – died by drowning, and not rape and murder at the hands of the state security forces, as their family and locals had insisted for months. This provoked demonstrations by outraged Kashmiris, who rejected the report and accused the authorities of a cover-up.

Mehbooba Mufti, the opposition leader in the state assembly, had this to say: “The whole charade of investigations by multiple agencies was aimed at shielding the culprits rather than bringing them to book.” She was referring to the bizarre sequence of events since May when local officials initially claimed that the girls had drowned, then retracted this in the face of mass protests and agreed they might have been murdered.

A state inquiry commission in its report in July held law enforcement personnel responsible for destroying the evidence. But in September the state authorities handed over the investigation to the CBI.

The latest protests testify to the fraught situation in the Valley and stress the unchanged reality about the depth of popular alienation and the overwhelming sentiment for freedom from Delhi’s rule. Every protest, even on civic issues, morphs into demands for an end to Indian occupation.

The large street protests in the past two years have also marked the Kashmiri struggle’s transformation into a non-violent youth-driven mass movement for self-determination, which has been much harder for Delhi to de-legitimise than the armed resistance.

The unrest that raged in the Valley in the summer against the Shopian outrage was a spectacular demonstration of the extent of the ferment in the Valley. So also were the even bigger protests last year over the Amarnath Shrine dispute. This belied the Indian claim that elections had “settled” the Kashmir issue.

Despite the current claims by Indian leaders that they are pulling out some 30,000 troops from Kashmir – from the over half-a-million forces deployed there – the Valley remains the world’s most militarised region. It is also the most traumatised. A report last week in The Independent said that in 1989 before the uprising and its ruthless suppression got underway, around 1,500 people annually sought help for mental-health issues. Today that number has shot to around 75,000.

Neither the humanitarian dimension of the Kashmir issue nor, for that matter, its political or security aspects, have recently attracted much attention from the international community. Yet the surface calm in Kashmir is but a thin veil over its combustible nature. And it remains the most proximate cause for the escalation of Pakistan-India tensions. Indeed, all four Indo-Pakistani crises in the past two decades were linked, directly or indirectly, to Kashmir.

International inattention to the human rights situation was more than evident before and during Prime Minister Manmohan Singh’s visit to Washington last month. In a letter addressed to President Barack Obama, Amnesty International urged him to take up human rights violations with India’s prime minister, saying that, among others, the people of Kashmir bear the brunt of these abuses.

The letter dated Nov 18 also highlighted the fact that the Armed Forces (Special Powers) Act (AFSPA), which remains in force in Kashmir, has facilitated grave abuses including “disappearances, rapes, extrajudicial executions and deaths from torture.” This evoked no response from Washington and none from the American media.

While Kashmiris see little change in the coercive environment that defines their daily lives, Indian officials portray Delhi’s recent decision to draw down troops from Kashmir as evidence of the improved situation in the Valley. This reduction was promised in June at the height of the summer protests in what seemed to be an effort to defuse tensions and halt the momentum of the peaceful movement. One of the key demands renewed by the street protests was for the demilitarisation of the state.

Announced amid much fanfare last week the pullout of two infantry divisions from Kashmir was greeted with deep skepticism by Kashmiri leaders, and by public calls for an independent verification. Many leaders said they saw no visible sign of any reduction in the military presence. Mirwaiz Umar Farooq, leader of the All Parties Hurriyat Conference (APHC), said: “This is merely an announcement… Who saw them leave Kashmir?”

The drawdown may well represent little more than a seasonal rotation of troops. In the past, too, such claims have produced a recycling of forces, often necessitated by the need to address the stress and strain of prolonged counterinsurgency duties and the obvious effects on troop morale.

Even if in this instance the troops are not replaced, the numbers are still a modest proportion of over 600,000 occupation forces present there. According to a Kashmiri commentator, if Indian officials claim there are only a few hundred militants left, what is the need to maintain such a heavy military force?

Moreover, a troop withdrawal is not the same as demilitarisation if the culture and infrastructure of repression remains intact. In the absence of a move to meet key Kashmiri demands – repeal of repressive laws, especially the AFSPA, end to arbitrary detentions and search-and-cordon operations, release of all political prisoners, cessation of extrajudicial killings and a halt to the human high abuses – the atmosphere of coercion will not be significantly transformed.

India’s defence minister A K Antony made it clear in making the drawdown announcement that the AFSPA will remain in force, because without its powers “the military will not be able to act effectively.” The Act gives sweeping powers to the security forces to act with impunity – shoot, arrest or search without warrant and kill on suspicion.

In this backdrop, the pulling out of a few thousand soldiers actually means little. It will hardly alleviate Kashmiri demands or, for that matter, address the roots of recurring tensions in the Valley.

Delhi has of late sought to engage leaders of the APHC in talks. But these ostensible overtures have been made absent by any concessions that can form the basis for serious negotiations. This strengthens the impression that the move is designed to divide rather than negotiate with the movement’s leaders.

For his part, Mirwaiz Umar Farooq has set a number of conditions for Delhi to meet before formal talks can proceed. They include creating a “conducive atmosphere” for meaningful talks that entails a number of steps, especially an end to human rights abuses.

Meanwhile, with the Pakistan-India dialogue process suspended for over a year now Indian officials insist that terrorism is the only issue they are interested in discussing with Islamabad in any future talks. By taking this position Delhi is signaling a singular lack of interest in pursuing a negotiated solution of the Kashmir dispute – on terms other than its own.

None of this holds promising prospects for a people whose fate has so tragically been shaped by a history of conflict, repression, injustice and denial of the right of self-determination and whose future has been stolen by the obduracy of an occupation force. Until there is wider international acknowledgement that the road to peace in the region runs through the Valley of Kashmir, the people of that land may yet have to witness more Shopians.

The writer is a former envoy to the US and the UK, and a former editor of The News.


Indian Rumblings

November 24, 2009

AHSAN WAHEED

There were three bomb blasts in India’s troubled Maoist dominated North East as an operation by India security forces got underway. It is inevitable that the scale of violence will go up because a forty year old simmering insurgency is not likely to go away-not when the people support the insurgents and local police and politicians are beholden to the insurgents for survival. India will probably blame Bangla Desh or Pakistan’s ISI for this home grown phenomenon.

The Shiv Sena-an extremist Hindoo organization attacked a television station and destroyed it. The almost 20 year old Hindoo atrocity of destroying a mosque in Ayodhia stands revived as the long awaited inquiry report is submitted and BJP leaders are indicted. It is certain that Hindoo extremists will react with violence as TV footage of crazed, war painted saffron clad mad Hindoo mobs are shown atop the 16th Century mosque that they destroyed.

Read Complete Article : http://pakistan-pal.newsvine.com/_news/2009/11/24/3537978-indian-rumblings-


India’s rape victims lost in political row

September 18, 2009

A war of words over compensation for rape victims has overshadowed the real issue, of violence against poor women

Kanishk Tharoor

Indians have long grown used to tawdry eruptions and interruptions in their politics, when the contentious core of Indian political life surfaces in the most grisly, unflattering light. From corruption to sex to murder, the “world’s largest democracy” is no stranger to the dirty imbroglio.

But the latest scandal to sweep through newspapers is striking in the depths of cynicism and coarseness it reveals. Rita Bahugana Joshi – a politician in the northern state of Uttar Pradesh, affiliated with India’s ruling Congress party – has been jailed after she made inflammatory comments regarding the state’s chief minister, Mayawati. Deriding the latter’s attempts to compensate victims of rape, Joshi tactlessly urged victims to “throw the money at Mayawati’s face and tell her ‘you should also be raped and I will give you 10m rupees’”.

The response was swift and emphatic. Political rivals and allies condemned her ill-chosen words. Uttar Pradesh’s authorities, with Mayawati’s urging, flung Joshi into jail under a raft of charges, notable among them the crime of “insulting a person of a lower caste” (Mayawati is a Dalit, a member of the marginalised Hindu caste formerly known as “untouchables”). Joshi apologised for her remarks, but at the time of writing had not yet been granted bail. Her mood is unlikely to have improved with the news that her house has been set on fire.

Trading in such cheap, demeaning jibes is certainly reprehensible. But did they warrant the intervention of police and the courts? Mayawati’s many opponents have added further fuel to the fire, claiming that her rule in Uttar Pradesh had ushered in the “law of the jungle”.

But amid all this fiery uproar, the real outrage is how easily a serious issue – violence against poor women – can get lost in the muck of political mudslinging.

The calculating politics of the incident are sadly predictable. Mayawati is a populist leader who rose remarkably to the fore of the political scene at the helm of the Bahujan Samaj party, a movement of largely “low-caste” people. While her grip on Uttar Pradesh (India’s most populous state with 191 million inhabitants, the same size as Brazil) remains strong, she has to fend off the resurgence of the Congress party in the state. Her much-publicised programme of compensation for Dalit victims of rape was itself aimed at solidifying a base of poor, largely rural support. Joshi’s gaffe provided a juicy opportunity for further political theatrics and point-scoring.

Depressingly, Mayawati and Uttar Pradesh have plumbed these depths plumbed before. Two years ago, she sparked controversy by attacking Mulayam Yadav, then chief minister, for his own plan to compensate Muslim rape victims, calling on Muslims to pay hefty compensation to Yadav’s daughter if she were raped. The furore sparked by those remarks then (and by Joshi’s now) reminds Indians of gaping remove of politics from real life. In both cases, politicians vie for constituencies, for “vote banks” of Muslims or Dalits, not by wrestling over issues, but by wrestling over how politicians wrestle over issues. Joshi and Mayawati were effectively fighting over shadows.

Rape in India is a crisis of substance, not murk. On average, a woman is raped every hour in the country, a stunning and damning statistic. Only one in 70 cases gets reported. Though India’s proliferating media has increasingly shone light on the deplorable frequency of rape, such stories tend to focus on the urban educated, or on crimes linked to celebrities, like the case of Shiney Ahuja. Yet it is among the oft-neglected rural poor that cases of rape and domestic violence are particularly rampant. It is an indictment of the cupidity of certain leaders, and of a media soundbite culture that privileges accusation over investigation, that the problem of violence against poor women rises to public attention only to be obscured in petty politics.


Arundhati’s Facts

September 16, 2009

By Rupali Gaurav

In a scathing rejoinder to ‘The Economist’ the brilliant and outspoken Arundhati Roy has clarified many issues that India and her supporters do not want to face.

She is very clear that Narendra Modi Gujrat’s Chief minister is a member of the radical militant Hindu RSS (Rashtriya Swayam Sevak Sangh). He is still being investigated for the 2002 pogrom in Gujrat in which more than 2000 Muslims were massacred. He is well known for promoting communal hatred and it was the RSS and the Hindu vote that reelected him. The RSS is a fascist organization and responsible for driving over 150000 Muslims from their homes in Gujrat after the massacre. Under Modi there is communal apartheid and Muslims are forced to live in ghettos. The US denied Mr Modi a visa because of his role in promoting violence and communal hatred. Mr Ratan Tata a leading Indian businessman publicly endorsed Modi for Prime Minister indicating the Hindu state of mind.

Arundhati correctly assesses the Kashmiri demand for AZADI—Freedom. She quotes Indian security sources for her assertion that 25% of India’s territory is affected by Maoist insurgencies. This area is outside government control. Recently the Indian Prime Minister admitted that actions against Maoists have failed. She is, therefore, right in her prediction that in October a massive military operation will be launched in states like Chattisgarh, Orissa and Jharkand to regain control. More than 26000 paramilitary troops are being raised for this task but in reality it will be the Indian Army carrying out the task. Such operations are underway in Assam, Manipur and Nagaland. She mentions Dantewara and Abujmaad as places where villages have been burnt and even security forces cannot venture there now.

Read Complete Article : Arundhati’s Facts


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