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IAMC Weekly News Roundup – July 22nd, 2013

by newsdigest on July 23, 2013

In this issue of IAMC News Roundup

News Headlines

Opinions & Editorials

Enough evidence to put Modi on trial for 2002 riots: Zakia (Jul 19, 2013, Indian Express)

Challenging the clean chit given to Chief Minister Narendra Modi and others in 2002 Gujarat riots, complainant Zakia Jafri, widow of ex-Congress parliamentarian Ehsan Jafri, argued in the court Thursday that there was enough material evidence to chargesheet Modi and set the case for trial. Mumbai-based lawyer Mihir Desai, appearing on behalf of Zakia, orally submitted before the court that there was enough evidence against Modi and other accused officers and politicians to chargesheet against them and start trial in the case. For nearly two hours, Desai’s argument revolved around the meeting on the night of February 27, 2002 when Modi allegedly told his officers to “let Hindus vent out their anger”.

It was the same day when 59 kar sevaks, who were retuning from Ayodhya, were burnt alive in the Sabarmati Express at Godhra. The incident led to statewide riots in which hundreds of people, mostly from the minority community, were killed. Desai cited the statements of suspended IPS officer Sanjiv Bhatt, retired Director General of Police R B Sreekumar, slain BJP leader Haren Pandya and his father Vitthal Pandya, among others, which were submitted before Nanavati Commission which probed the 2002 riots. In their statements, they had claimed that “Modi had ordered to go soft on Hindu rioters and let them vent their anger”.

“The merit of these statements will be tested during the trial. At this stage, if the statements are true, it would amount to abetment and conspiracy. If these statements are correct, there is no option but to file the chargesheet,” Desai told the court. While reading out Modi’s statement given to SIT in 2010 during the investigation, Desai hinted that Modi knew about the contents of Bhatt’s affidavit even though the latter had deposed himself in secrecy and had requested anonymity. Bhatt had given his statement saying that he was present at the meeting at Modi’s residence.

“When SIT questioned Modi (without specifically asking him about Bhatt’s presence) about the said meeting, he said that Bhatt was not present at the meeting as he was a junior officer. Why did Modi say that when he was not even questioned about Bhatt?” Desai argued. He further added that whether Bhatt was present at the meeting or not would be tested during the trial.

http://www.indianexpress.com/story-print/1143918/

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Don’t want Modi as my PM: Amartya Sen (Jul 22, 2013, Hindustan Times)

As an Indian citizen, he does not want Narendra Modi to be the Prime Minister because the Gujarat chief minister hasn’t done enough to make minorities feel safe, Nobel laureate Amartya Sen has said. The noted economist not only questioned the Gujarat strongman’s secular credentials but also criticised Modi’s model of governance, saying he didn’t approve of it.

“As an Indian citizen, I don’t want Modi as my PM… He has not done enough to make minorities feel safe,” Sen told CNN-IBN in an interview. On being asked why he did not want the Gujarat chief minister as the prime minister, Sen said, “He could have first of all been more secular and he could have made the minority community feel more secure.”

On whether he approved the highly debated Modi model of governance, the economist replied in the negative. “I don’t think the record is very good. I don’t have to be a member of the minority in order to feel insecure. I could be a member of the majority.” Sen said according to him Indians did not want a situation where the minorities “could legitimately think that there was an organised violence against them in 2002. That’s a terrible record”.

Sen, however, agreed that Modi had achieved significant progress in building infrastructure in his state. When asked to compare Modi with Bihar CM Nitish Kumar, Sen said, “That comparison is slightly unfair. Nitish is dealing with the poorest in India, Modi is dealing with a relatively richer state… I think in his condition Nitish is showing a great vision. In a way that will be very important for the future of Bihar.”

Recently named the chief of the BJP’s campaign panel for 2014, Modi is being seen as the party’s prime ministerial candidate which has once again put the spotlight back on his role during the 2002 violence. His critics accuse him of not doing enough to contain the worst communal violence Gujarat has seen.

http://www.hindustantimes.com/StoryPage/Print/1096480.aspx

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Blow to Modi: SC rejects review of Lokayukta’s appointment (Jul 19, 2013, Rediff)

The rejection of the Gujarat government’s curative petition seeking a review of the judgment upholding the appointment of Justice R A Mehta as the Gujarat Lokayukta is a big blow to Chief Minister Narendra Modi. But the Congress leaders in the state capital Gandhinagar are not celebrating this huge legal victory yet. Justice Mehta, a sauve and mild-mannered retired judge, has neither accepted nor rejected the Gujarat governor’s governor offer to become Lokayukta. Congressmen are keeping their fingers crossed as the ball is in now in Justice Mehta’s court.

On his last working day, Chief Justice Altamas Kabir and four other brother judges Justices P Sathasivam (who has become chief justice on Friday), G S Singhvi, B S Chauhan and Ibrahim Kalifulla dismissed the Gujarat government’s petition saying it has no merits. The Modi government’s argument was that in appointment of the Lokayukta primacy wasn’t given to the opinion of the state government. The Gujarat government alleged that Governor Kamla Beniwal appointment of Justice Mehta was ‘illegal’ as it was done without going through the proper consultation process.

Earlier this year, the SC ruled that the opinion of the Gujarat high court chief justice was most important and the governor could appoint the Lokayukta without the state government’s advice. Justice Mehta is in America at the moment and is expected to return on August 5. When he was appointed despite Modi’s strong objection, he lay low and didn’t accept or reject the offer from the governor. Reportedly, when Justice Mehta was requested to take charge of the job he expressed a desire to let legal battles over his appointment get over.

A senior Congress leader from Gujarat told rediff.com, “Since he didn’t reject the appointment we believe he will finally accept the offer and be sworn-in on his return from aboard. Since he hasn’t rejected the governor’s offer, we take it as acceptance. Still we are not sure what he will finally decide.” “In the unlikely case that Justice Mehta refuses to become Lokayukta then the whole process will have to start again with the state chief justice looking for a suitable candidate.” Congress leaders are keen that after the clearance of all kind of legal hurdles Justice Mehta should accept the job.

The Congress leader said, “We have already published the long list of corruption by the Modi government. We will expose the Modi government’s corruption in land allotment cases to rich industrialists in the name of development in the coming election.”

http://www.rediff.com/news/report/blow-to-modi-sc-rejects-review-of-lokayuktas-appointment/20130719.htm

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BJP, RSS behind communal tensions in Rajasthan, says Brinda Karat (Jul 22, 2013, Times of India)

CPM politburo member Brinda Karat on Sunday alleged that the BJP and the RSS were responsible for the communal tensions that occurred in Rajasthan during the past four years. She accused chief minister AshokGehlot also of being a mute spectator while these tensions were being ‘orchestrated’. Karat was in the city to release an ‘alternative policy paper’ of the third political front the Left parties have formed with others in opposition to the Congress and the BJP ahead of the assembly elections due here this year.

CPI general secretary AB Bardhan, JD(S) general secretary Danish Ali, Samajwadi Party state chief Pundit Ramkishan and JD(U) general secretary Javed Raza, who were present on the occasion, too, targeted Gehlot and former chief minister Vasundhara Raje for allegedly playing in the hands of capitalist and communal forces at the cost of the common man.

“During Raje’s tenure (2003-2008) the famers were lathicharged more than 100 times, bullets were fired on them whenever they raised a voice for their rights. All this was done to favour the corrupt,” Karat said, addressing the five parties’ workers at the city’s Maharashtra Sadan. She emphasised, “Under the present government, 55 incidents of communal tension have occurred. The RSS and the BJP were behind them all. But what was the Gehlot government doing when these incidents were taking place?”

Bardhan stressed, “It is the RSS that takes most of the decisions in the BJP; right from appointing the spokespersons to nominating a prime minister candidate and deciding who will run the party’s election campaign.” The CPI leader hit at Gujarat chief minister Narendra Modi over the ‘puppy remark’.

SP’s Ramkishan said the prime aim of the Congress and the BJP was to grab power without bothering about tackling unemployment, corruption and farmers’ issues. “BJP and Congress are not alternatives but are competitors. BJP praises Modi’s development model, which is designed to suit the capitalists. The Congress government here is distributing saris and blankets to buy votes,” the SP leader said.

http://timesofindia.indiatimes.com/articleshow/21229614.cms

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NCP questions BJP on Ayodhya temple donations (Jul 20, 2013, Yahoo)

The BJP should stop collecting donations for Uttarakhand relief work and first explain what happened to the “crores of rupees” taken in the name of building the Ram Janmabhoomi temple in Ayodhya decades ago, the NCP demanded Saturday.

“The BJP should first submit accounts of how much money was collected during the Ram Janmabhoomi issue days to build a temple at Ayodhya and what has happened to it?” Nationalist Congress Party(NCP) spokesperson Trajano D’Mello told a press conference Saturday.

“No one knows where the donation money is going or where and how it is going to be utilised,” he added, accusing the BJP-led coalition government of ignoring the destruction caused by a flood in a Goan village of Cuncolim some weeks back.

“First our own villagers should be provided relief before running off to spend money for other states. No one came to the rescue of Cuncolim residents after floods in Goa caused damage there,” Trajano said.

http://in.news.yahoo.com/ncp-questions-bjp-ayodhya-temple-donations-085939671.html

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Poison theory floats as Bihar midday meal kills 27 kids (Jul 18, 2013, Times of India)

The midday meal tragedy worsened on Wednesday with fatalities rising to 27 and suspicion mounting that the last meal eaten by the children may have been accidentally contaminated or, as Bihar’s education minister claimed, deliberately poisoned. The Bihar government put the toll in what is becoming the country’s worst midday meal tragedy at 22. But villagers said angry parents and relatives had buried at least 27 bodies in front of the Government Primary School where the children had their midday meal on Tuesday.

Residents of Dharmashati Gandaman village of Saran district chose to bury the bodies in the school as a mark of protest. Villagers said the 27 buried children did not include those who died on way to Patna. While four children were declared brought dead at Patna Medical College & Hospital on Tuesday night, two children died on Wednesday. State education minister Prashant Kumar Shahi said traces of organic phosphorous had been found in the food served to the kids, most of them below 10 years of age. “It is a criminal case of poisoning,” he said. Shahi alleged that the cooking ingredients came from a store run by the school principal Meena Devi’s husband Arjun Rai, whom he described as a member of a rival political party, an obvious reference to the RJD. The cook had told the principal that the mustard oil given to her to make soya curry had a foul smell, he said.

On Wednesday, cops and reporters found Meena Devi’s home locked and she had reportedly fled. The only other teacher in the school was said to be on leave. As the Chhapra toll rose, another minor midday meal poisoning was reported from Navatolia Middle School, near Madhubani, where 50 children fell sick. Sources said a dead lizard was found in the food served to the kids. There was no definitive narrative from the police on how the toxic food landed on the plates of the kids. The village itself remained virtually out of bounds for police and state officials, with violent protesters blocking roads to the area. The crowd set fire to four government vehicles, including two police jeeps. All the roads leading to Mashrakh remained clogged with trucks, tractors and JCB machines which were forcibly parked in the middle of the roads by villagers.

Heart-rending wails of women were heard over the din of protests from several houses when these reporters managed to reach the village around noon after crossing at least six blockades on foot. A woman was seen banging her head against the mound of earth under which her son Rahul was buried. Another group of women wailed inconsolably under a tree nearby.

According to villagers, the primary school, which opened only a couple of years ago, was running in a 20x15ft room that also served as a community hall for weddings. Midday meals were cooked in the small veranda by ‘sevika’ Pano Devi and ‘sevika’ Manju Devi. On Tuesday, Pano did not report for duty and the meal – rice and soya – was cooked by Manju. She and her two children also ate the meal. Schoolbags, books, steel plates and gunny bags on which the children sat lay scattered in the lone classroom while some chairs and the table of headmistress and teacher were lying outside, smashed by angry protesters.

http://timesofindia.indiatimes.com/articleshow/21130119.cms

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Ishrat case: Top govt officials, cops sabotaged probe, CBI says (Jul 16, 2013, Times of India)

The CBI has submitted proof of a high-level meeting between top government functionaries and cops involved in the Ishrat Jahan fake encounter case held to sabotage investigations in the case. Revelations about this meeting were made by suspended IPS officer G L Singhal, an accused in the case who is now out on default bail. Singhal had recorded the meeting secretly and has submitted the audio recording to the CBI.

In the chargesheet filed by the CBI, Singhal has given evidence of the high-level meeting held by the Gujarat government.

Singhal has disclosed that the meeting was held in November 2011, when the HC was supervising this case and had also directed the state government not to obstruct investigations by the probe agency. Singhal along with another accused cop – then assistant commissioner of police, crime branch, Tarun Barot – had been coached on how to mislead the investigating agency. Singhal had attended the meeting with advocate Rohit Verma.

Secretary to the chief minister, Girish Murmu, IPS officer A K Sharma and the then minister of state for home Praful Patel, MoS law Pradipsinh Jadeja and current education minister Bhupendrasinh Chudasama were at this meeting. The CBI in its chargesheet says that the matter came to light when Singhal surrendered a pen drive containing an audio recording of the meeting during investigation. The CBI recorded a punchnama of the pen drive before taking it into possession.

http://timesofindia.indiatimes.com/articleshow/21092594.cms

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No proof that Ishrat was a militant: ex-home secy (Jul 17, 2013, Hindustan Times)

Former Union home secretary GK Pillai has said that there is no evidence to suggest that Ishrat Jahan was associated with militants, before she was killed in an encounter by Gujarat police in 2004. “I don’t think there is any conclusive evidence against her and unless any proper investigation is carried out, we will have to give her benefit of doubt,” said Pillai here.

He also rejected media reports that convicted militant David Headley had told the National Investigation Agency that Ishrat was an LeT operative. “To the best of my knowledge, in the NIA report there is no mention of Ishrat Jahan,” said Pillai. In 2009, when Pillai was home secretary, the government retracted from its earlier statement in the Supreme Court that Ishrat was a militant.

“What is wrong with the two affidavits? One affidavit gives the basis of evidence in the files and other one is only clarifying the fact that which anybody would say that even if you give evidence that one is terrorist or alleged terrorist or a suspect, we said that doesn’t give anybody right to kill them without a fair trial,” Pillai said.

Modi’s government was widely criticised for its perceived hesitancy in stopping the carnage targeting the minority community of Muslims across Gujarat, after the Godhra arson incident of a train rake carrying Hindu pilgrims being torched in February 2002.

http://www.hindustantimes.com/StoryPage/Print/1093837.aspx

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“Delhi Police withheld evidence, fabricated story in Batla House case” (Jul 20, 2013, The Hindu)

Senior advocate Satish Tamta who represents Shahzad, an accused in the Batla House encounter, continued to highlight the loopholes in the police narrative on Friday even as the case reached its concluding stage. Saturday is expected to be the last day of final arguments after which Additional Sessions Judge Rajender Kumar Shastri would give dates for the final verdict. Arguing before the Additional Sessions Judge, Mr. Tamta highlighted that going by the police story – that Shahzad fled flat No. 108 while firing at the police party and threw the weapon in a drain somewhere in Uttar Pradesh – there should have been a bullet fired from his firearm.

To counter the police claim, he cited the ballistic reports of the bullets found from the site of the encounter. The report said all the bullets matched with the arms belonging to the police party and two arms allegedly attributed to Atif and Sajid. “According to the report there was no extra bullet on the spot, which demolishes the entire police theory that Shahzad fired and fled. Our point has been that he was not there in the first place and has been framed in the case – an argument substantiated by a series of evidences including this one,” argued Mr. Tamta. Mr. Tamta also highlighted the prosecution’s “wilful ignorance” of few vital evidences which could have brought the truth before the Court and, in turn, could have gone against the prosecution story.

“As somebody living just 125 metres away from the site of the encounter, Owais Malik was probably one of the most important witnesses in this case, who could have thrown light on the case. The fact that the police did not record the statement of Mr. Malik, who after hearing the gun shots, was the first one to inform the local police about the encounter, shows that the prosecution was not interested in knowing the truth. They were, instead, more interested in making up a story,” Mr. Tamta alleged, while highlighting that Mr. Malik was interrogated over phone only.

Mr. Tamta cited the “silence” of prosecution on the issue of sampling of Shahzad’s voice as an instance of “withholding evidence out of the possibility that it may go against their case”. The prosecution, which claimed that a call was made from the phone number of Shahzad’s father to Atif’s phone early morning on the day of the encounter, had also taken Shahzad’s voice samples apparently to match with the intercepted voice samples. The phone number belonging to Atif was on surveillance from September 1, 2008, he said.

“Till now the prosecution has been completely silent on what happened to those voice samples. It leads us to make an inference, as the Evidence Act mandates, that they are withholding the evidence because it may have gone against them,” Mr. Tamta argued. Mr. Tamta also argued that the law mandates that prosecution should not only explain the injuries sustained by victims but also the injuries to the accused. “The police story has completely failed to explain how come serious physical injuries were sustained by both Atif and Sajid, who were killed in the shoot out. Their post-mortem report clearly states that they died not only because of bullet injuries but also due to physical injuries,” he concluded.

http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/delhi-police-withheld-evidence-fabricated-story-in-batla-house-case/article4934086.ece

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Malegaon blast: Muslim accused want probe against ATS, police (Jul 19, 2013, Business Standard)

Five accused in the 2006 Malegaon blast case Friday demanded an inquiry against the Maharashtra Police and Anti-Terrorist Squad officers who had falsely implicated nine Muslim youth in the case, an activist said. The accused also sought compensation from the state government as they were falsely implicated in the case and spent a long period behind bars, said Jamiat Ulama-e-Maharashtra legal adviser Sharif Shaikh.

The five accused – Noorulhuda Samsodhoha, Shabbir Ahmed Masiullah, Raiss Ahmed Rajjab Ali Mansuri, Mohammed Zahid Abdul Majid and Abrar Ahmed Gulam Ahmed – made the demands in an application seeking discharge from the case after contradictions in the charge-sheets filed by various probe agencies. The Jamiat moved their discharge application in the designated Maharashtra Control of Organised Crime Act (MCOCA) special court.

The five argued that not only were they falsely implicated in the case, but also their alleged confessional statement which was used as a vital piece of evidence against them was discarded by the National Investigation Agency (NIA) which subsequently took over the probe from the Maharashtra Police and the ATS. The applications contended that the NIA had concluded that the confessionals were not voluntary and obtained under duress from the accused. The court has posted the matter for further hearing July 22.

Last month, two others – Mohamed Ali Shaikh and Asif Bashir Shaikh, accused in the same case had moved a discharge plea though they are currently in custody as they are accused in the July 7, 2005 Mumbai serial blasts in trains. “Soon, we shall file similar discharge appeals for the remaining two accused who are currently enlarged on bail,” Shaikh said.

The MCOCA court had granted bail to seven of the total nine accused in the 2006 Malegaon blasts case after the NIA investigated it and submitted a preliminary report in November 2011. The Sep 8, 2006 blasts in the powerloom town in Nashik district of north Maharashtra had left 35 people dead.

http://www.business-standard.com/article/news-ians/malegaon-blast-accused-want-probe-against-ats-police-113071901111_1.htmlg

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Opinions and Editorials

The contours of a Hindu nationalist – By SK Sadar Nayeem (Jul 17, 2013, Statesman)

In an interview to Reuters – the first since he was named BJP’s chief campaigner for the 2014 elections – Narendra Modi said two things. One, he did not feel guilty for his alleged role in the anti-Muslim pogrom in 2002 in Gujarat – in this context, he said ‘if a puppy comes under the wheel of a car in which you are sitting behind, it will be painful’; two, he said ‘I am a Hindu nationalist’. Although his canine reference was in bad taste and reflected his mindset, his second remark – ‘I am a Hindu nationalist’ – is more dangerous in the context of conditions that shape India’s unified and democratic consciousness. Modi’s remark was well-thought out; since a long time, following the exit of Atal Behari Vajpayee from the political scene, the RSS has been trying to take control of BJP politics by weaving together elements along the Hindutva-Ramrajya-Ramjanambhoomi axis. The Sangh does not want the BJP to go down the road tread by Vajpayee and later Advani, which worked to dilute the party’s Hindutva image. The BJP national executive at Goa endorsed the need to revert to Hindutva. Thus, Modi’s ‘I am a Hindu nationalist’ remark satisfied the RSS which wants the BJP to make national identity synonymous with Hindu identity.

Narendra Modi’s emissary to Uttar Pradesh, Amit Shah, has already made it clear that if the BJP comes to power in the state, a Ram Mandir would be built on the ruins of Babri Masjid. The Sangh Parivar is now preparing the ground to uphold the RSS’ idea of a nation state and Narendra Modi is the suitable boy who has taken to the task of ‘correcting the distortions in BJP’s politics’. Since the RSS has always believed that communalism defines politics, Modi’s comments come as no surprise. The Sangh had opposed Mahatma Gandhi for his alleged surrender to Muslims and his treatment of Muslims as equal citizens in this ‘Hindu land’. RSS leader Hedgewar’s biographer C P Bhishikar writes, ‘Doctorji (Hedgewar) thought deeply over a long period on the question of national identity…why should there be any confusion about nationhood in Hindustan?…Why have strange expressions like nationalist Mussalman and nationalist Christian come into currency?’ That ‘confusion’ cleared when another founder leader of RSS, Guru Golwalkar, wrote, ‘In this country Hindus alone are nation’. But in the contempt and hatred for Gandhi, the RSS leaders overlooked the fact that at the same time, Md Ali Jinnah – in pursuit of his dream of dividing the country to create Pakistan – was also trying to establish that Hindus constituted a separate nation.

When the Indian national movement fought for the values of democracy and civil liberty, there were attempts to socialise the leaders of communal parties like Hindu Mahasabha, RSS and Muslim League, who believed in anti-democratic ideology. These parties functioned more or less under the tutelage of contemporary ‘leaders’ of the period – the Hindu Mahasabha, RSS and Muslim League adopted V D Savarkar, M S Golwalkar and Md Ali Jinnah as their permanent presidents or heads respectively. Even after independence, the RSS did not abandon its virulent campaign against Muslims, who remained in India along with Congress and nationalist leaders, and poured venom on them. Mahatma Gandhi and other Congress nationalists were denounced as virtual traitors to and enemies of Hindus by the RSS and finally, Mahatma Gandhi had to pay the price of ‘treachery’ on 30 January, 1948. Narendra Modi’s disingenuous statement not only demonstrates his as well as the RSS’ political intention, it is also a deadly new threat to India’s national unity. Behind Modi’s statement lies the RSS agenda of complete polarisation of Hindus and Muslims as well as other communities for electoral gains. Undoubtedly, this tactic was highly successful in Gujarat, where Modi won three Assembly elections. Gujarat is the richest state in the country; it has the maximum population of those belonging to the middle class, many of whom are insecure self-employed small bourgeoisie. There are also significant numbers of Adivasis, Dalits and OBCs in Gujarat, besides upper caste Hindus.

During the Gujarat pogrom in 2002, the Sangh Parivar cleverly used their multi sourced and differentially complex insecurities to get them to come together as the Hindutva force, in order to use them against the Muslims. Muslims were projected as enemy number one and therefore, their extermination was upheld as a simple solution for all kinds of problems facing the people. However, other parts of the country do not resemble Gujarat; the RSS cannot offer a communal plank to people as a substitute for class struggle, since Muslims do not occupy any positions of class dominance. It is, therefore, not possible to find real solutions to the problems facing the country by reverting to Hindutva. The BJP is once again indulging in false comfort, absurd hope and idle romanticism. Adherence to ideology is beneficial, but if the ideology rests on perception of a glorious past and a stereotyped enemy, without having any link with the changing realities of the present, it cannot increase the share of votes of any political party. The saffron brigade, in its search for a lever to gain power again, has ignored the interconnection between the past and present.

BJP’s sectarian politics had albeit found many takers among the influential middle class during the Ayodhya movement, but it has been rejected by the vast majority of Hindus. In the then general election, BJP had managed to secure just about 20 per cent of the total votes polled. Further, Modi’s ‘Hindu Nationalist’ remark is an oxymoron. Ideology of nationalism in India cannot be dependent on any religion. In India, not only Muslims but even Sikhs and Brahmos refuse to call themselves Hindus. This is why it is not possible to confine all Indians within the boundaries of a Hindu nationality. India being a multi-religion, multi caste and multi-cultural country, cannot afford to restore the primacy of any one religion, caste, culture or historical tradition. It is the synthesis of different religions, castes and cultures that makes India unique. So an aspiring prime minister like Narendra Modi should think over calling himself an Indian nationalist, not a Hindu Nationalist.

http://thestatesman.net/news/5864-the-contours-of-a-hindu-nationalist.html

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Fighting for all of us – By Harsh Mander (Jul 21, 2013, Hindustan Times)

The wars Zakia Jafri and Shamima are waging remind us that secular democracy is never given freely to the people; it needs to be constantly claimed and reclaimed. Each age creates its own heroes. Two ageing homemakers who would otherwise have been content to lead useful but unremarkable lives – raising children and caring for their loved ones – were transformed into unlikely steely warriors by the tumult of two brutal killings. These dreadful tragedies stirred both to courageously fight epic battles against what they are convinced was the malevolent exercise of state power. The first of them, Zakia Jafri, lost her spouse, Ehsan Jafri – lawyer, poet and parliamentarian – to an armed crowd of feverish attackers the day after a train compartment burned in Godhra on February 27, 2002.

In the frenzy of revenge that swept large parts of Gujarat targeting Muslims, who people believed were responsible for burning the train, the housing colony Gulbarg, established by Jafri in a suburb of Ahmedabad, was also attacked. Many desperate residents had gathered in the Jafri home, hoping that Jafri’s influence would save their lives. But his frantic appeals to the senior political and police leadership proved futile. Many were slaughtered and burned alive, along with Jafri. Zakia and a few other women sheltering in the first floor of the house survived. Survivors of the Gujarat carnage have fought extraordinary legal battles against the killers, and many have been convicted. But Zakia was not content to pursue only those who physically slaughtered her husband. She insisted that justice must reach those who had conspired to organise this massacre.

At the end of a long legal battle of over a decade, on April 15, 2013 she filed a protest petition before a magistrate alleging a high-level conspiracy to manipulate the Godhra tragedy to organise and fuel the carnage which followed. The first name among the 59 accused was of chief minister Narendra Modi. In the court hearings that are currently underway, Zakia’s lawyer, Mihir Desai, argued that the political head of the state, the home ministry and the administration were in full knowledge of and allowed the ‘build-up of aggressive and communal sentiments, violent mobilisation, including carrying of arms, and a general outpouring against the minority community…’ Relying on documents collected by the SIT itself, Zakia’s petition attempts to establish that there was a conspiracy at the senior-most levels of the state administration not just to generate hatred against Muslims, but also to target Muslims and their property and religious places and ‘aid and abet this process by acts and omissions of persons liable under law to act otherwise’.

Zakia Jafri, now in her mid-seventies, declared in an interview to Frontline that she recognises that Modi is ‘an extremely powerful man’, therefore charges against him cannot be made lightly. Therefore ‘we have persevered at collecting every relevant detail to implicate him. One day it will pay off’. She adds, ‘My husband was a good and kind man. I will fight for him and for thousands who suffered like us’. In Mumbra, a Mumbai suburb, matriarch Shamima struggled to raise with love but firmness her seven children after her husband’s untimely death due to brain cancer. Her second daughter Ishrat Jahan was her greatest support, earning money after college with tuitions. But in the summer vacations, no children came for tuitions, and so she accepted a travelling sales job with a family acquaintance Javed. Nothing could have prepared Shamima for the day when on June 15, 2004, she was informed that Ishrat was killed in a police ‘encounter’ to prevent her bid to assassinate Narendra Modi.

In these intervening nine years, Shamima has battled the trauma of her daughter’s violent killing, the stigma of the charge of her being a terrorist resulting in her family’s isolation, and the challenge of raising her remaining six children without Ishrat and her husband. A lesser person would have been felled, but not Shamima. She filed a writ in the Gujarat High Court in 2004 itself, and persevered with a prolonged uncertain legal battle because she was fiercely committed to proving her daughter’s innocence. Unexpected relief came five years later when junior magistrate Tamang charged with a magisterial enquiry into the alleged police encounter killings, acted with exceptional courage and integrity. Hundreds of persons are eliminated in the country by police and security personnel, claiming that the men in uniform killed in self-defence, and their claims are routinely ratified by compliant magistrates. But Tamang was different. He concluded that Ishrat and the three men were actually killed in cold blood several hours before the alleged shootout, from close range. …

http://www.hindustantimes.com/StoryPage/Print/1096188.aspx

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Malegaon Blast: Who Traced The RDX? – By Manisha Sethi (Jul 29, 2013, Outlook)

“On the day of shab-e-baraat, Riyaz told me to finish my work early and reach the Bada Kabristan by noon. Riyaz and Rais and two others were already present when I reached…. They handed me one cycle. Then I saw the bomb that we had prepared the previous night, wrapped in a black bag tied to the carrier of the cycle. I parked the cycle in the parking lot of the madrasa opposite the masjid. Then I saw Riyaz hand Rais a black bag carrying a bomb. Rais hung the bag on the gate of the Kabristan. Riyaz and the two strangers who were with him then hung the bomb bag on the wall of the powerhouse opposite the wazukhana.” This was Noorul Hooda’s confession recorded by the SP of Thane Rural on November 22, ’06. His confessional statement, under Section 18 of MCOCA, became a crucial piece of ‘evidence’ in the ATS investigation of the Malegaon bombings of September 2006.

Now that the NIA’s supplementary chargesheet has destroyed the ATS case piece by piece, one can only imagine the torture that must have driven an innocent man to incriminate himself and other accused in the blasts. The Maharashtra ATS is known to house an apparatus of indescribable cruelty. Few emerge from their chambers without having signed a voluntary confessional. The investigation was handed over to the ATS on October 23 that year, and as if by magic, the conspiracy unspooled itself, leading to a flurry of arrests, all accused seemingly gripped by a strong urge to confess to their culpability in the blasts. The ATS chargesheet ran into an overwhelming 2,000-odd pages; 445 witnesses were listed. And yet the same witness is shown to be present simultaneously during the recovery of the clothes of those killed in the explosions and the recovery of a bomb. There was little by way of evidence to substantiate the claims of arms training in Pakistan. Absolutely nothing to corroborate the comings and goings of Pakistani terrorists.

Even though bombs were planted on cycles, a test identification parade to ascertain who had procured those bicycles was never conducted. In fact, the ATS probe tended to ignore the four bombs that exploded within minutes of each other – three in the masjid and the fourth in the busy Mashawrat Chowk, killing 32 people and injuring 312 – to focus on the one that did not, an imitation, a mixture of sand and RDX, dangling from a wall four days later. This fake bomb, goes the ATS lore, led them to the godown of battery seller Shabbir, where the soil samples showed up RDX traces. The ‘witnesses’ to the seizure of soil samples later recanted. Shabbir became accused no. 2 in the Malegaon blasts case. It was no more than slight inconvenience that Shabbir was in judicial custody at the time of the blasts, having been arrested in early August, a month before the blasts by the crime branch. But neither this, nor the lack of evidence, proved to be deterrence for obtaining sanction for the draconian MCOCA legislation.

Two thousand pages of lies and subterfuge. Who built it up, falsehood by falsehood? ACP Kisan Shengal, in charge of the probe, also served on the team investigating the Mumbai train bombings earlier in July. Shengal, in fact, sewed the two cases together, charging two of the Mumbai accused with having supplied RDX left over from the train bombings for the Malegaon blast. He sniffed out RDX traces from Shabbir’s godown, just as he recovered RDX from the home of an accused in the train blasts case. The momentous crashing of Shengal’s case has the potential to now wreck the prosecution in the Mumbai train blasts too.

But the fallout of the Malegaon frame-ups goes beyond simply one or two cases. Its significance lies in throwing up, yet again, the pattern of our terror investigations. The marking out of the Muslim population as suspect and the breeding of informers, who themselves can be sacrificed without com-punction – which Abrar Ahmed, accused no. 9 was to discover – as the sine qua non of the relationship between police agencies and Muslims. Malegaon must also be held up as an example of how the constructed idea of Muslim rage and revenge has congealed our national narrative of terrorism. Every single confession – dictated now we know by the ATS – alluded to the 2002 Gujarat pogrom, the Malegaon riots that preceded it, and the 30 felled mosques that were calling out to be avenged. But most troublingly, it shows how easy it is to put away people for years. To charge them with crimes so heinous that they could possibly be sentenced to death. With no fear of consequences. Shameless prejudice is matched only by gross impunity. Whether Kisan Shengal will be tried for fabricating evidence and implicating innocents, or he will be saved in the name of the ever-depleting morale of the investigators, we shall only know in some time.

http://www.outlookindia.com/article.aspx?286997

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It’s turning blood red – By Harsh Mander (Jul 16, 2013, Hindustan Times)

The audacious ambush and bloody massacre of more than two dozen political leaders and their security guards in Darbha valley of Sukma district in south Chhattisgarh, raises again profoundly important questions about the legitimacy of violence as an instrument to battle injustice and oppression. Resistance to injustice is widely endorsed as the highest human duty in most cultures, but the debate is about the legitimacy of deploying violence in resisting and combating injustice. I am convinced about the impossibility of altruistic violence. I strongly and consistently disagree with those, among them many liberal friends, who romanticise or rationalise resort to arms as justified to combat the structural violence of poverty, exploitation and State violence. Violence, even when deployed in the name of the oppressed, ultimately brutalises all, and the oppressed suffer the most. The only legitimate instruments to fight injustice, in my opinion, are non-violence and democracy.

There is no doubt that tribal residents of forested tracts of central India, which are currently in the throes of Maoist insurgency, are among the most impoverished people in the country. The India Human Development Report 2011 found the Scheduled Tribes the poorest social category, with their incidence of poverty at least three times more than other groups. Even more alarming is that this is the only major social group in which ‘poverty has hardly declined at all’. I have served in some of these regions, and encountered these proud but despairing people, savagely dispossessed of their lands, forest and habitats, living with hunger and bondage. Their expropriation was partly by non-tribal landlords and moneylenders on whom they depended for loans to survive in lean months. But they were further pauperised by State policy. The colonial State introduced alien laws – which remained fundamentally unaltered in independent India – regulating land titles in ways that did not recognise traditional land ownership patterns and shifting cultivation. The ownership of forest produce shifted from forest dwellers to the State. Tribal people were further rapidly dispossessed by large dams and mining projects, initially in the public and increasingly in the private for-profit sector.

But do even these monstrous levels of expropriation and oppression justify the resort to weapons by armed guerrilla militia who fight in their name? I believe not. I am convinced that the killing of people, even in the name of justice for the oppressed, in the end will dehumanise all who engage in the bloodletting, and indeed those who condone it. It is impossible to build a just and humane society by means which are unjust and inhuman. If we believe that oppression justifies violence by the victims and those who fight in their name, then logically we must also justify all those who resort to terrorist violence in the name of religion or ethnicity on exactly the same ethical grounds. Many Sikh terrorists in the second half of the 1980s traced their radicalisation to the 1984 anti-Sikh carnage. Tamil terrorists in Sri Lanka and Islamist terrorists also trace their motivation to similar real stories of unbearable cruelty and oppression. If we oppose terrorist violence because it targets civilians, fosters mindless cruelty and obstructs democratic institutions, exactly the same grounds require us to oppose Maoist violence as well.

The strategies deployed by Maoists include individual annihilation, summary executions, and terrorist violence such as the explosion of landmines resulting in large numbers of deaths. Many liberal thinkers sympathetic to Maoist violence are simultaneously opposed to the death penalty. We oppose the right of the State to take away human life – by imposing capital punishment after due process and consideration of evidence – on the grounds of human fallibility, the possibility of even the worst offenders redeeming themselves, and the sacredness of human life. How can we then support targeted killings decided by a small band of Maoist leaders or a people’s court for offences such as being a police informer or an exploiter? Even less can we support random civilian killings. Reputed humanist SR Sankaran led a major civic effort to engage both the State and Maoists in a discussion around violence. He condemned Maoist violence for its focus more on ‘military actions rather than on the mobilisation of people for social transformation’. The arbitrary and violent actions of Naxalite parties contribute to ‘further brutalise the society and lead to the shrinkage of democratic space for mobilisation and direct participation of the people, impairing the very process of transformation that the movements claim to stand for’.

The recent killing of political leaders campaigning for the forthcoming elections, eliminating almost the entire senior leadership of one political party, was ultimately an assault on electoral democracy. With all its limitations, democracy alone carries within itself the seeds of a peaceful and enduring social and political transformation. Social movements for the poor must strive to deepen democracy, remedy its flaws, extend its frontiers, rather than collaborate in its demolition. The State, for its part, must respond to violence and armed insurrection in ways that are lawful, restrained, and humane. The civilian population in these forested regions are living with intense hunger and fear – without schools, health centres, employment programmes, subsidised food and social security. Most are trapped between the competitive violence of security forces, Maoists and armed renegades. An escalated militarist response is precisely what the militants seek, as it will further destroy the frayed and debilitated morale and survival base of civilian tribal people. Encounter killings, jailing of innocent civilians under anti-terror laws and military adventures against one’s own people will only alienate them irrevocably. The blood spilt in Darbha valley should serve as a sober reminder of the wages of runaway competitive violence: the violence of poverty, of armed militants and civilian militia, and of the security forces. In this battle, for India’s most impoverished people, the greatest casualty is hope.

http://www.hindustantimes.com/StoryPage/Print/1077418.aspx

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Will The House Be Called To Order? – By Ajit Sahi (Jul 27, 2013, Tehelka)

Everyone knows Raja Bhaiyya, the dreaded don from Uttar Pradesh who earned his first criminal case as a teenager and who has a symbiotic relationship with the prisons either as an inmate or as the minister tasked with running them. But ever heard of Bhaiyya Raja? A two-term former MLA from the Kama Sutra town of Khajuraho in Madhya Pradesh, 66-year-old Ashok Veer Vikram Singh aka Bhaiyya Raja has been an unchallenged don for decades. Arrested for murder in the 1990s, Bhaiyya Raja decided to fight his first election from prison. He won on a not-so-subtle slogan of Mohar lagegi haathi pe, varna goli chhaati pe (Stamp the elephant or take a bullet on your chest), the elephant being his election symbol. On winning, he rode an elephant to the Assembly. The Indian Mafia, a 1991 book, alleged that he used pythons to terrorise women into sexual acts. It was rumoured that he bred crocodiles that grew fat on the flesh of his dead rivals. On 31 May, he was sentenced to life imprisonment for the 2009 murder of a grandniece who he sexually exploited and forced to undergo an abortion. Is his political career over? Yes and no. Bhaiyya Raja’s wife, Asha Rani, is still a BJP MLA, though she is accused of abetting a woman’s suicide at her home six years ago. She is currently free on bail.

The pattern finds an echo. Jagmato Devi, a JD(U) MLA in Bihar, had entered politics in 2005 after the murder of her husband. She died suddenly in 2011. As her son, Ajay Singh, is charged in over two dozen cases of murder, kidnapping and extortion, he was denied a ticket. So he advertised for a wife. Only registered voters at least 25 years old and with voter ID cards were shortlisted. He married one of the two finalists a day before nominations began for the by-election to fill his mother’s seat. His wife Kavita, a political naïf, is now a JD(U) MLA. Singh answers her phone and runs her politics. The decades-old scourge of the criminalisation of India’s politics surged to the top of nightly news last week after the Supreme Court (SC) ruled that an MP or members of the states’ Legislative Assemblies or Councils would be unseated immediately if convicted of a crime the Constitution lists as a ground for disqualification. The judges struck down a provision in the Representation of the People Act, 1951, which allowed MPs and MLAs/ MLCs to retain their seats if they appealed their convictions within three months. Ruling on public lawsuits, the judges said the law was inconsistent with two constitutional clauses that barred convicted citizens from contesting elections. If a conviction was good to bar a hopeful, they said, it was good to unseat an incumbent.

Backing the ruling as a step in the right direction, a few jurists, in fact, suggest that MPs and MLAs should be unseated earlier than conviction. “Parliament should be freed of criminals and we know that our criminal justice system is slow,” says former Attorney General Soli Sorabjee. “The fact that they are facing criminal charges in serious offences, say, those carrying imprisonment of three years or more, should be enough to unseat them.” Agrees former Solicitor General Gopal Subramaniam: “If a court has taken cognisance of charges against a member of the House, he should be unseated.” Adds Gurudas Dasgupta, an MP from the CPI: “The government should make decriminalisation a national priority. There is a nexus of money and power in politics and the government and judiciary have to build safeguards against these.” But so deep are the tentacles of criminals in politics that few expect the ruling to significantly challenge the mafia might in Parliament and legislatures across the country. Last year, the Association for Democratic Rights (ADR), an NGO that campaigns for electoral reforms, found that 30 percent of about 4,800 MPs and MLAs it investigated faced criminal charges. Of the 403 MLAs who won the Uttar Pradesh Assembly polls last year, as many as 189 – or 47 percent – face criminal charges. A whopping 98 are accused of murder or rape or both. That is nearly one in four of all the UP MLAs. And they belong to the top parties in the state: the SP, the BSP, the Congress and the BJP.

Shockingly, or perhaps not, nearly four in every five of Jharkhand’s 82 MLAs face criminal cases. In Bihar, their percentage is 54, with Chief MinisterNitish Kumar’s JD(U) leading the way and his recently parted ally, the BJP, following a close second. Across the country, nearly one in three of the BJP’s MPs and MLAs have criminal cases against them. The Congress is marginally better at one in five. How did this state of affairs come to be? Explains Jaskirat Singh, a campaigner with ADR: “For years, Indian politics survived on a code of unwritten ethics. Then, the parties started using organised criminals to capture voting booths to win polls. Later, the criminals decided to ask for the ticket themselves and politicians handed them out on a platter due to the ‘winnability factor’, which means money and power.” So, first the dog wagged the tail, then the tail the dog, and then the tail wanted to be the dog. States such as Maharashtra, Bihar, Jharkhand and UP are prime examples of the degeneration. Mumbai-based veteran journalist Kumar Ketkar, who has watched elections since the 1960s, says the stranglehold of criminals on politics turned for the worse two decades ago. “The role of money increased in direct proportion to the decrease of huge mass rallies,” he says. Ironically, a key reform opened the floodgates. In 1990, TN Seshan, a retired IAS officer, became Chief Election Commissioner and began exercising his constitutional powers that his predecessors never asserted because they chose to be rubber stamps of the government of the day. In order to rein in runaway expenditure, Seshan began auditing costs such as of the mass rallies.

“The Seshan reforms made mass contact infrequent as every street corner meeting, padyatra and rally came under scrutiny,” says Ketkar. “Candidates began outsourcing their outreach as well as the distribution of propaganda material.” Volunteering disappeared. As candidates had neither enough money nor the network, the mafia came in bringing both for a quid pro quo if the candidate won. And holier-than-thou pieties notwithstanding, none can avoid the criminal’s embrace. Gujarat Chief Minister Narendra Modi, the BJP’s presumptive prime ministerial candidate for next year’s Lok Sabha election, has yet not sacked his Water Resources Minister Babu Bokhiria who was last month sentenced to three years in prison for illegally mining limestone causing a loss of Rs 54 crore to the original leaseholder. (He won’t be unseated as the SC ruled that those convicted prior to its judgment would be spared.) Cutting across party lines, a co-accused also given three years is a former Congress MP. A father-son gangster duo was also sentenced. In last year’s Assembly polls, the BJP’s Jethabhai Bharwad’s nomination papers showed that he is facing charges of rape, extortion and kidnapping. He won. He was later arrested for firing a gun during the election. …

http://www.tehelka.com/will-the-house-be-called-to-order-lp/

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A Bumpy Road Ahead For Telangana – By G Vishnu (Jul 27, 2013, Tehelka)

With the 2014 polls looming large, the Congress has started making the right noises on the creation of Telangana. Party general secretary Digvijaya Singh’s first step after he took over as Andhra Pradesh in-charge has been to announce the decision to create a roadmap for the possible bifurcation or trifurcation of the state. However, the move – being vouched by Telangana Congress leaders as being final and decisive – has opened a minefield of future political ramifications. On the ground, there is hope for ending uncertainty and confusion, which has lasted as long as the Telangana movement itself, while leaders of all political parties are mulling over the consequences, both political and economic. Apart from the fate of Hyderabad – where businessmen and politicians from Seemandhra have invested thousands of crores – the votebank and electoral developments continue to be major factors.

With the remaining Congress MPs from Telangana (two out of 10 have already quit the party) making veiled threats to quit, and openly warning the party that it would be “destroyed” in Telangana if inaction continued, the party is in a peculiar but familiar soup. For one, granting a separate state threatens to split the party wide open. On the day Digvijaya landed in Hyderabad to announce the decision to create aTelangana roadmap, he was in for a surprise when a group of Seemandhra leaders met him to present a memorandum demanding a united Andhra Pradesh. Since then, party leaders from Telangana have begun openly criticising and throwing muck at their counterparts hailing from Seemandhra.

“Where were these leaders (Chief Minister Kiran Kumar Reddy and PCC president Botsa Satyanarayana) in 2004? They did not speak up then. Now they are speaking up because of ulterior motives,” says Madhu Yakshi, Congress MP from Nizamabad. Yakshi adds that businessmen- politicians with huge investments in Hyderabad are conspiring against the creation of Telangana. “Unlike the BJP and the TDP, theCongress high command has always been consistent on Telangana. Whoever has changed their stance on Telangana have lost the elections. Even I won because I went with a pro-Telangana slogan. My hope is that Madam’s (Sonia Gandhi) stand will remain the same.” But Satyanarayana begs to differ. “If you take into consideration the welfare of the state and its people, naturally a united Andhra is the logical choice,” he says. “If a decision is taken keeping in mind the political gains, then it’s wrong. That said, as a party, we (leaders from Seemandhra) will support whatever decision the high command takes. Telangana MPs may say a lot of things. Those are their personal opinions. We don’t want to see the state or the city (Hyderabad) divided.”

A senior functionary in the state Congress reveals the eventuality. “We mulled over an economic package for Telangana for a long time,” he says on the condition of anonymity. “But Telangana MPs are not relenting. We will give Telangana. We will go for bifurcation before 2014. That’s our big ace for the Lok Sabha polls.” As for the other parties, they are waiting for the Congress’ move with anxiety and eagerness. The anxiety arises from losing the handful of seats that the TDP and the YSR Congress hoped to gain in Telangana, which would shift to the Telangana Rashtra Samiti (TRS) and the Congress. Minor losses notwithstanding, the parties are also hoping to polarise the contest between themselves by ousting the Congress, by capitalising on a blame game in their political-speak in the rest of Andhra Pradesh.

“The crisis is a Congress creation,” says YSR Congress leader Mysura Reddy. “As per the Constitution, when it comes to the division of a state, the power lies with the Centre. The Congress is destroying the state by letting confusion prevail, hampering development.” TDP general secretary Varla Ramaiah shares the same view. “If the Congress really decides, we cannot stop them,” he says. “They are creating a massive fight. The problem is with Madam Sonia. Indecision is a big problem. Our move is going to be determined by the particulars of bifurcation that the Congress decides on.” For its part, the Congress too is taking some risks. A lot of hints have been dropped about going for the Rayala Telangana option, which would include two Rayalaseema districts (Kurnool and Anantapur) in the Telangana map. Erstwhile ally, the Majlis-e-Ittehadul Muslimeen, seems to be the only party that is ready to accept this arrangement. …

http://www.tehelka.com/a-roadmap-is-ready-but-the-bumps-are-going-nowhere/

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IAMC Weekly News Roundup – April 22nd, 2013

by newsdigest on April 23, 2013

In this issue of IAMC News Roundup

News Headlines

Opinions & Editorials

Gujarat govt’s failure to protect people during 2002 riots: US report (Apr 21, 2013, Times of India)

India’s civil society continues to express concern over the Gujarat government’s failure to protect people or arrest those responsible for communal violence in 2002, a US report on human rights has said. The report, titled ‘Country Reports on Human Rights Practices for 2012′ released by the US state department, as mandated by the Congress, says human rights groups continue to allege that investigative bodies in their reports showed bias in favour of Gujarat’s chief minister Narendra Modi.

“Civil society activists continued to express concern about the Gujarat government’s failure to protect the population or arrest those responsible for communal violence in 2002 that resulted in the killing of more than 1,200 persons, the majority of whom were Muslim, although there was progress in several court cases,” said the report, which was released by US secretary of state John Kerry on Friday. “Human rights groups continue to allege that investigative bodies showed bias in favour of Modi in their reports,” the US report said.

The chapter on India in the report runs into 60 pages, according to which the most significant human rights problems in India in 2012 were police and security force abuses, including extra-judicial killings, torture, and rape; widespread corruption at all levels of government, leading to denial of justice; and separatist, insurgent, and societal violence. “Other human rights problems included disappearances, poor prison conditions that were frequently life-threatening, arbitrary arrest and detention, and lengthy pretrial detention. The judiciary was overburdened, and court backlogs led to lengthy delays or the denial of justice,” the report said.

“Authorities continued to infringe on citizens’ privacy rights,” it said. “Separatist insurgents and terrorists in Jammu and Kashmir, the northeastern states, and the Naxalite belt committed numerous serious abuses, including killing armed forces personnel, police, government officials, and civilians. Insurgents were responsible for numerous cases of kidnapping, torture, rape, and extortion, and they used child soldiers,” the report said. For the second consecutive year, Jammu and Kashmir and the Northeast saw considerably less violence than in the past, it added.

The state department said, law enforcement and legal avenues for rape victims were inadequate, overtaxed, and unable to address the issue effectively. “Law enforcement officers sometimes worked to reconcile rape victims and their attackers, in some cases encouraging female rape victims to marry their attackers. Doctors sometimes further abused rape victims who had come to report the crimes by using the ‘two finger test’ to speculate on their sexual history,” it said, while referring to the brutal gang rape of a 23-year-old girl in Delhi.

http://timesofindia.indiatimes.com/articleshow/19661625.cms

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Kodnani’s Death move to warn Advani,deflect Zakia? (Apr 18, 2013, Times of India)

The Gujarat government’s clearance on Monday of the file put forth by the special investigations team that recommended death penalty for former minister Maya Kodnani, instead of a life term, in the Naroda Patia massacre of 2002 has brought about turmoil in the entire Sangh Parivar in Gujarat. The file had been submitted to the legal department in September 2012 and the timing is most discussed.

In an interview to BBC on January 28 this year, BJP president Rajnath Singh had said that Maya Kodnani is innocent and the party will fully support her in the legal battle. But the moveon Monday against Kodnani is now being seen with suspicion by even Parivar insiders because Kodnani’s loyalties lie with L K Advani. Kodnani’s parents, who have a strong Parivar background, had met RSS supremo Mohan Bhagwat in Ahmedabad last fortnight and requested him to use his good offices to help Kodnani. Many local RSS stalwarts had supported the impassioned plea from the family.

The timing of the clearance of the file is important as it comes seven months after the SIT submitted the report and deflects attention from Zakia Jafri protest petition against chief minister Narendra Modi with thousands of pages of wireless messages and call data record as evidence that Modi government knew about the violence in advance. Also, it comes on the heels of a section of the BJP and NDA favouring Advani as PM. The change in government’s stance is stark. In 2009, when Kodnani was granted bail and SIT wanted bail cancellation, the Modi government replied to SIT that Maya is innocent and denied permission. Even during trial, Kodnani was not arrested.

Kodnani was sentenced to 28 years in jail August 2012 with 30 others for their role in the Naroda Patiya massacre. Kodnani, a three-time Naroda MLA, was identified in the court by 11survivors as a mob leader. Kodnani, a gynaecologist inducted as minister of state for women and child development by Modi in 2007, is the first former minister to be found guilty in any case relating to the riots.

http://timesofindia.indiatimes.com/articleshow/19607944.cms

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Probe Narendra Modi’s call records in Tulsiram encounter case: Sohrabuddin’s brother (Apr 20, 2013, India Today)

Rubabuddin Shaikh, brother of alleged slain gangster Sohrabuddin Shaikh, has demanded that CBI should investigate phone call records of the office of Gujarat Chief Minister Narendra Modi and senior IPS officers in connection with the Tulsiram Prajapati fake encounter case. “Rubabuddin Shaikh has sought probe of telephone calls between the office of Chief Minister and senior IPS officers under Sec 173 (8) of the CrPC,” his lawyer Mukul Sinha said. The section allows further investigation after charge sheet is filed. Sohrabuddin was killed in an alleged fake encounter by Gujarat police in November 2005.

“The telephone records produced by CID (Gujarat) in the case of Tulsiram Prajapati along with the charge sheet reveals that at least two accused, namely Amit Shah (then Minister of State for Home) and IPS officer Rajkumar Pandian, were in constant touch with the office of Chief Minister of Gujarat throughout December 2006,” Rubabuddin’s application to the CBI director states. “Frequency of their contacts markedly increased on and after December 12, 2006,” it adds. Shah, the key accused in Soharabuddin case, also figures as kingpin of the conspiracy in the case related to subsequent fake encounter of Sohrabuddin’s aide Prajapati. Shaikh was killed on November 26, 2005 in Ahmedabad.

Prajapati was the sole witness to his kidnapping and killing, according to CBI. Prajapati was killed in another encounter on December 28, 2006. “CBI has not investigated the details of phone call records of the office of the Chief Minister and senior IPS officers,” Sinha said. “It should also collect telephone records of all the Officers on Special Duty (OSDs) in the office of the Chief Minister apart from gathering call records of Shah, both mobile and landline (residence and office),” Rubabuddin’s application says.

Rubabuddin has also asked the central probe agency to investigate the manner in which Sohrabuddin’s wife Kausar Bi was killed. “The persons who are connected with the case in Rajasthan and Madhya Pradesh are yet to be questioned,” it states. The decision to transfer IPS officer D G Vanzara from Anti-Terrorism Squad to Bhuj as Border Range DIG must also be probed, Rubabuddin has prayed in his application. Earlier this month, the Supreme Court had said that murders of Prajapati and Sohrabuddin were part of the same conspiracy and there should be a single trial.

http://indiatoday.intoday.in/story/probe-narendra-modis-call-records-in-tulsiram-encounter-case-sohrabuddins-brother/1/266830.html

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Bangalore blast: Terrorist attack or political plot? (Apr 18, 2013, First Post)

The lone blast outside the BJP office in Bangalore yesterday sparked the usual flurry of media overkill. There was the usual, knee-jerk speculation about jihadis, Islamic terror, blah blah. This is, of course, par for course these days in the aftermath of a bombing, be it in Boston or Bangalore. What makes the recent Bangalore incident an exception, however, is that it almost instantly triggered a flurry of political name-calling – an activity usually suspended in the immediate aftermath of a suspected terrorist attack. As wildly inaccurate rumours of multiple blasts circulated online, Congress party spokesman Shakeel Ahmad shot off his Twitter mouth: “If the blast near BJP’s office is a terror attack, it will certainly help BJP politically on the eve of election.” The allegation in turned spawned its BJP mirror, ie the Congress party staged the attack to consolidate the minority vote.

Cue the high decibel outrage, mutual recriminations and general confusion – which was compounded by the Home Ministry stepping in to insist that the attack “pointed to an Indian Mujaheddin footprint.” The state of hysterical anxiety amongst Karnataka politicians is not exactly news. More surprising is the air of cynicism that has quickly taken hold barely 24 hours after a shocking, if not fatal, attack. “Election Bomb?” screams the headline scrawled acrossBangalore Mirror’s front page, accompanied by a story that more or less makes the case for a faked terror attack: The blast has the police and forensic investigators baffled on three counts: One, the bomb was set off in a residential locality instead of a crowded place, as is typical of a terrorist strike. Two, the bomb was an incendiary one – intended to produce fire; not of the type that could cause mass destruction. Third, none of the terrorist organisations has claimed responsibility for the blast; nor there seems to be any motive behind the blast.

Over and again, the print version of the story casts doubt on the claim of a terrorist attack: Not to be left behind, Karnataka home minister R Ashoka dramatically declared, “Terrorist attack targeted the BJP national and state leaders visiting the party head office during election campaign.” This despite not one major leader being in the office at the hour, and not even a window pane at the party HQ cracking in the blast. The Mirror goes on to note the damage suffered by the house outside which the bomb was actually located, “but it never came into focus. The blast was truly and surely hijacked by the political parties.” What’s more interesting is that the story’s online version contains none of this language – except the three reasons why the bomb is “baffling” – and carries a far less accusatory headline: “Blast rocks Bangalore.”

The Mirror’s editorial choices also offer a contrast with its sister publication, the Times of India, which chose to play the story straight, as a possible terror attack, though noting: Senior intelligence officers, however, said poor execution ruled out the involvement of any big-time terror module. One theory was that the attack could have been carried out by locals or politically motivated individuals. Because the bomb was not packed with nails, nuts and screws, the shrapnel of choice, some felt there was no hard evidence yet of an IM operation. The casualties would have been higher had the blast occurred during the evening, when scores of people visit temples in the vicinity. Further, with elections approaching, there would have been hectic activity in Jagannath Bhavan.

The weary citizens of the city have meanwhile gone back to their daily business, unmoved by conspiracy theories whether they involve the IM, BJP or Congress. Their attitude best summed up by this quote from a resident of the locality that experienced the blast: ‘Malleswaram is one of the calmest places in the city which still retains Bangalore’s old-world charm. And in Malleswaram, Temple Street exemplified old Bangalore with its places of worship and low traffic. However, the scene changed with the BJP office shifting here. We do not know who was responsible for the blast or why they chose temple street. If the BJP office was the target, why should we have a political party’s office in a residential layout and why should we suffer for just being their neighbours?’ For most Bangaloreans, the blast merely confirmed a more everyday truth: Politicians make bad neighbours.

http://www.firstpost.com/politics/bangalore-blast-terrorist-attack-or-political-plot-709148.html

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High Court cancels bail of ex RSS members accused in Mecca Masjid blast (Apr 18, 2013, New Indian Express)

The Andhra Pradesh High Court Thursday cancelled the bail granted by a lower court to two former RSS members accused in the 2007 terror attack at the historic Mecca Masjid here. The high court asked the sessions court to reconsider its orders, granting bail to Lokesh Sharma and Devender Gupta.

The high court verdict has come as a relief to the National Investigation Agency (NIA), which opposed the bail on the ground that it could hamper the investigations. The NIA had also argued that freeing the two accused on bail could also have an impact on the probe in the Malegaon, Ajmer and Samjhauta Express blasts as they are also suspected to be involved in all these terror attacks.

Nine people were killed and over 60 injured in the powerful bomb blast during Friday prayers on May 18, 2007, at the 17th century mosque here. The high court on Dec 4, 2012, suspended the bail granted by the IVth Additional Metropolitan Sessions Court here on Nov 27. Sharma and Gupta, former members of the Rashtriya Swayamsevak Sangh (RSS), are among six accused arrested by the NIA in the case.

Swamy Aseemanand, Bharat Mohanlal Rateshwar alias Bharat Bhai, Tejaram and Rajender Choudhary alias Samundar are the other accused in the judicial custody. Two others, Sandeep V. Dange and Ramchandra Kalsangra, are untraceable and on the run. According to the investigators, another key accused, Sunil Joshi, was gunned down by his associates in December 2007 following some differences.

http://newindianexpress.com/nation/High-Court-cancels-bail-of-Mecca-Masjid-blast-accused/2013/04/18/article1550642.ece

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Flutter over Bishop’s Hindu terror remark (Apr 17, 2013, New Indian Express)

Bishop M Prakash, Chairman, Tamil Nadu Minorities Commission, created a flutter at a press conference held in the presence of Collector Archana Patnaik and Superintendent of Police T Senthil Kumar at the Collectorate here on Tuesday by saying that Hindu terrorists were objecting to the construction of churches.

However, he retracted his words after some electronic media persons played his recorded voice and said that his statement would have serious repercussions if it was published or telecast. Realising his blunder, he defended himself, saying that he referred to Hindu fanatics and not terrorists.

Going a step further to convince reporters he said, “I am a Christian but most of my relatives are Hindus. I respect all religions. During my visit to various districts, Christians complained that Hindu fanatics are objecting and blocking the construction of churches. Christians also complained that Vinayakar temples are being constructed everywhere, but it is difficult to get permission to construct churches and mosques. It is the voice of the Christians and not mine. Hence I ask Collectors and SPs to permit the construction of churches in TN.”

When pointed out that the Collectors and the Superintendents of Police had the right to refuse permission in some cases to prevent law and order problem in their respective districts, Bishop Prakash said that the commission would cooperate with the Collector and the SP in such cases.

http://newindianexpress.com/states/tamil_nadu/Flutter-over-Bishops-Hindu-terror-remark/2013/04/17/article1548344.ece

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Christian victims tell People’s tribunal about arrests on false charges (Apr 20, 2013, Twocircles.net)

More than 70 Christian Pastors told a People’s Tribunal in Bengaluru city today how a highly communalized Karnataka police arrested many of them and kept them confined in police stations or jails on false charges in league with hoodlums of the Sangh Parivar. Women too were also not spared. The Women victims broke down as they narrated the violence against them. The victims remained in confinement from overnight to several days, the distinguished jury consisting of eminent social activists heard in the Tribunal organized by the All India Christian Council to assess the victimization and persecution of Christian pastors and attacks on churches in the state. It was quite clear from the narrations that Uttara Canara was the foci of the anti-Christian violence, but incidents of persecution were reported from every one of the 30 districts of the state during 2012 and in the first three months of 2013.

The “People’s Hearing on Persecution of Christians in Karnataka” was held at the Institute of Agriculture Technologists in the city. The Jury consisted of Mrs Brinda Adige, the celebrated Founder member of Global Concerns India, Advocate Omkar KB, and Mr K L Ashok, general secretary of Komu Souhardha Vedhike [Communal Harmony Front].and Mr. Mohamed Rafi Ahmed,General Secretay Forum for Democracy and Communal Amity. The Public Hearing comes in the wake of the statement by former Karnataka High court judge Michael Saldanha that Karnataka had witnessed 1,000 cases of persecution of Christians in three years between 2010 and 2012 – an average of more than 300 a year. This was the situation in 2012 also. Most of the victims remain in great fear. Of the 200 persons requested to come to the hearing, only 80 agreed to come. But all of them were afraid of what would happen to them if they spoke in public at the hearing. Many asked the Christian Council how they would be protected if anything happened to them after they gave their evidence.

From the statements of the victim, it is clear that the police have been heavily penetrated and politicized under the BJP rule of Mr. B S Yediyurappa and of his successors, while local thugs and Sangh activists across the state have been encouraged to take the law into their own hands. Many villages show a sharp increase in intolerance, encouraged by the inaction of police forces. Incidents of intolerance included Sangh Parivar members goading villages to stop the construction of churches, demolition of existing structures and stopping people from preaching or peacefully distributing literature. Witnesses identified their attackers as belonging to RSS, the Bajrang Dal and some local frontal organizations. Justice was procured only after the victims approached the local and higher courts. The High Court had to intervene in one case to allow the construction of a religious structure. The victims were, in essence, suffered four types of persecution – those who were imprisoned, those who had their churches destroyed, those who were physically assaulted and beaten up by mobs, and others who were stopped from praying or preaching.

Speaking on behalf of the jury, Advocate Omkar said it was clear the machinery of the state was used by the radical political elements to harass the Christian community and specially the pastors and religious leaders. There was a well-organized anti-Christian violence in 2008. It seems there is still a strong nexus between the police, the local village chiefs, tehsildhars against the community at the behest of the Sangh Parival. The state is also fully culpable. Advocate Omkar said the protectors had become the attackers. K Ashok called upon the community to make common cause with the civil society and progressive forces in asserting fundamental rights including freedom of faith. He also called for legal literacy in the community. Mohamed Rafi Ahmed said it was heart rendering to hear the tales of horror and the many incidents of police complicity the Bajrang Dal and others. The Government must take notice of it. India has a secular Constitution and it is the right of every citizen to practice, profess and propagate his faith. He asked the victims to stand for firm and pursue justice with the perseverance.

The All India Christian Council expressed its deep regret at the inaction of the State Government and the State Minority Commission in coming to the rescue of the persecuted Christians. The Council demanded that the Governor and Chief Minister send out categorical instructions to every police station to take notice of such incidents of violence and take stern action the aggressors. The Council has also demanded a single-window redressal system by the State Director General of Police to listen to complaints because local police station are not recording the incidents, said Dr. John Dayal, Member, National Integration Council and Secretary General of All India Christian Council. The testimonies have been recorded and are available for the press and the government. Copies will be sent to the concerned departments and a copy will be sent to the Chief Justice of Karnataka.

http://twocircles.net/2013apr20/christian_victims_tell_people%E2%80%99s_tribunal_about_arrests_false.html

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CBI to SC: Cautious approach delayed appeal against Advani in Babri case (Apr 17, 2013, First Post)

Not condoning delay in filing appeal against the Allahabad High Court’s order on dropping conspiracy charge against BJP leader LK Advani and others in the Babri Masjid demolition case would cause irreparable loss, the CBI told the Supreme Court on Tuesday. The agency contended before a bench of justices HL Dattu and JS Khehar that delay in approaching apex court against HC order be condoned and its appeal against Advani and others be heard on merit.

The bench, however, said that it will decide on condonation of delay only after hearing the contentions of Advani and others who have sought dismissal of CBI’s plea on the ground of delay. “In normal case we would have done it but in this there is objection from the other side. We will first hear all sides on the issue,” the bench said when senior advocate P P Rao, appearing for CBI, pleaded for condonation of 167 days delay. The bench posted the case for hearing on 17 July.

CBI in its affidavit said that if delay is not condoned then it would cause failure of justice as the accused would get away without facing trial for serious offence. “The delay in filing the SLP is not intentional and deliberate, but bona fide. In case the delay in preferring the SLP is not condoned, it will result in irreparable loss and injury to the State and the failure of justice by letting off the accused without facing trial for serious offences. The purpose of filing of this SLP in public interest would be frustrated,” the affidavit said.

The agency said that delay was caused because the then Solicitor General (SG) had to go through the voluminous documents before approving the draft of appeal and he was also busy in other cases including 2G case. “Time has been consumed because the appealing party was the state and it had to be circumspective and take all necessary steps before challenging the impugned order of the High Court. The delay has been occasioned because everyone associated with the matter was cautious keeping in mind the sensitivity involved in the matter and wanted to exercise due diligence,” the affidavit said.

http://www.firstpost.com/politics/cbi-to-sc-cautious-approach-delayed-appeal-against-advani-in-babri-case-704810.html

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Tormented by cops over Dalit rape victim gone missing, kin commit suicide (Apr 22, 2013, Hindustan Times)

A 38-year-old woman and her 12-year-old daughter died while her husband and two minor sons ended up in a critical condition after the Dalit family consumed poison in Bheri Akbarpur village of Uklana, 50km from district headquarters Hisar, allegedly tormented by the police over the whereabouts of her elder daughter who is missing after filing a report of rape.

The suicide pact came to light around 9am on Monday, when villagers took the family (names withheld to protect rape victim’s identity) to a hospital in Uklana and the police were informed. At the Hisar civil hospital, two members of the family were declared dead and the 40-year-old family head and two sons, 9 and 11, were referred to the PGIMS hospital at Rohtak, 100km away, where the man narrated the family’s woes. The two boys were in a critical condition.

A casual labourer, the man said his 16-year-old daughter who had reported rape in May last year was missing since many months, and not only would the police keep pressing him to locate her, but the family had been suffering humiliation at the hands of the villagers too. He said he wanted to kill only himself but, when he discussed it with his family, they wanted to do the same.

The rape FIR had been lodged on May 19 last year, two days after the girl had first gone missing and then found at a nearby village. The rape accused, arrested a day after the FIR, remains behind bars, even as the girl reportedly went missing again in June, the report for which was lodged only this February, it is learnt. Meanwhile, the sixth hearing of the case is on April 30, at which the police have to give status of the missing report filed on February 22. Thus under pressure for their failure to locate the girl, the police allegedly quizzed her father repeatedly.

“The case is in a fast-track court at Hisar. But as the girl’s statement has not been recorded, the court has been postponing the matter for around four months,” a police official said. Though deputy superintendent of police Mukesh Jakhar said he “did not know” if the family was being pressurised, officials sought to underline that the family’s financial condition was not good leading to them being “disturbed”.

http://www.hindustantimes.com/StoryPage/Print/1048675.aspx

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Baba makes in-laws kick woman into miscarriage (Apr 16, 2013, DNA India)

A 20-year-old pregnant woman from Nashik was allegedly kicked in the tummy by her husband and three of his relatives to induce an abortion of the two-month-old foetus. The police said this was done at the behest of a baba (godman) who had told the family that if the woman gave birth to a girl, the child would be a harbinger of bad times for the family. The woman’s husband and his brother have been arrested for the brutal assault.

In all, seven people, including the husband’s mother, have been named in the complaint. On April 5, her husband and his relatives assaulted her to cause the miscarriage, said the victim’s, Suvarna Gaikwad, maternal uncle Somnath Tadakhe, adding that Suvarna’s neighbours had told him about the assault. The incident comes at a time when the chorus for the protection of women has been getting sharper. The alleged brutality also brings into focus the need to enact the Anti-Superstition (Eradication) bill which has been caught up in the legislative process for at least seven years.

An offence registered at Panchavati police station states that Suvarna’s husband had also been demanding dowry. Tadakhe said his niece married Khanderao in May, 2012. “At the time of the wedding, no undue demand had been made by her in-laws but quarrels between the couple started barely two months later,” said Tadakhe. “They demanded money to buy a motorcycle besides other luxuries.”

Tadakhe said Suvarna’s mother-in-law is a devout follower of a godman from Niphad taluka. “To broker peace between the couple, the godman often gave Suvarna’s mother-in-law a powder-like substance. Recently, he told the mother-in-law that Suvarna would deliver a girl if she continued the pregnancy and the girl child would herald wrath on the family.” When Suvarna’s husband asked her to undergo an abortion, she refused. Besides the police, a local organisation that works to eradicate superstition has also intervened.

http://www.dnaindia.com/pune/1822905/report-baba-makes-in-laws-kick-woman-into-miscarriage

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Opinions and Editorials

India can do better than Modi or Rahul – By T. M. Krishna (Apr 22, 2013, The Hindu)

As the whole country views on television and reads in every newspaper the battle between Mr. Narendra Modi and Mr. Rahul Gandhi, I am only worried that we have actually come to this. We don’t care anymore about thought, kindness, honesty, action, responsibility, courage, leadership. We have one person who refuses to answer any question on the blood on his hands as Chief Minister and another who is being projected as a mature philosopher when we actually need a dynamic leader. Recently at one of his many public appearances, Mr. Modi was asked whether he would take moral responsibility for the 2002 riots, to which he replied that he had already answered questions about the riots numerous times. But the same man has over the last few months been willing to answer time and again the same questions about his developed Gujarat.

Every time Mr. Modi’s name is discussed, the riots are a part of the narrative and the criticism is that we are trapping him within that event. But why not? Any person with some human essence must ask those questions time and again. Whether or not he was party to the violence is up to the courts to decide, but he was the Chief Minister of the State and has refused to say that he should have acted differently. How can we ever ignore that? In fact we should not. In my travels I have always met so many middle class Indians who think Mr. Modi is the Bill Gates of Indian politics. “Go to Gujarat and see the transformation, development, bridges, roads, IT companies, the speed of decision making and you will realise why he is the right person for us.” When I hear these statements I am filled with sadness that we as a society can easily erase people from our minds. We say that the courts have not convicted Mr. Modi, but we readily accuse someone else as being a criminal even when no verdict has been proclaimed. Essentially, economic growth seems to erase all sense of human decency.

I am also told that “after all the Muslims have also voted for him.” Honestly, I don’t care if all the Muslims in the world voted for him. I care that people died, not Muslims, Christians or Hindus. I am not aware of the voting patterns of Gujarat, that’s for psephologists. But I am aware that reasons for a minority community to behave in a certain way are usually driven by the behaviour of the dominant group. The “dominants” manipulate and coerce the weak to act in certain ways. The positive economic changes seen in the lives of the majority also influences the behavioural pattern of the minority. I am not saying these are the reasons but let us just keep this in mind. We as human beings are built to empathise and feel for others. Let us not lose sight of this basic quality of humanity in the dream of economic comfort or seeming political “stability.” I would rather be poor than inhuman! Mr. Modi, I will not stop asking you this: “Will you take moral responsibility for the riots?” You owe this country an answer.

While this is one end of the political narrative, there exists another in the form of a smart, genuine young man who needs to know what he is doing. Someone has to tell Rahul Gandhi that he is not a philosopher and India doesn’t need one in him! We need a strong individual who is honest and willing to show courage. He need not constantly mention the problems of the political and bureaucratic class. We are only too aware of its failings, and are constantly made aware of them. We do not need a “magic wand” but someone with a will to change things and has not until date shown any will. Mr. Gandhi has floated thoughts on “what ails Indian society.” So, what next? There seems to be a stupor hovering over him, a cloud of inertia and intellectual lethargy. The country can ill afford a slumber of ideas, courage and determination in a man who is meant to be waking the nation up.

What one misses in Mr. Gandhi is not earnestness of intent, not sincerity, but a crucial breaking of the trust barrier, a totally convincing breakthrough in winning the nation’s trust. He can fight all his political battles with Mr. Modi or anyone else but first he must be willing to fight the battle of his life for this country. Unless the nation sees him do that how can it entrust its future to him? His advisers don’t seem to see that the absence of a trust breakthrough in Mr. Gandhi is what Mr. Modi is cashing in on and substituting with his own brand of “I can do it” in surplus. India needs a good human being at its helm but also a proactive person with serious, practical ideas of how to change this nation. We have in him an exhaustingly long prologue; what we need now is the main action. …

http://www.thehindu.com/opinion/op-ed/india-can-do-better-than-modi-or-rahul/article4640436.ece

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The Seven Year Itch In Bihar – By Nirala (Apr 27, 2013, Tehelka)

ON 16 April, Bihar’s capital, Patna, witnessed an act of political grandstanding by the Janata Dal (United), which leads the state’s ruling coalition. Shivanand Tiwari, Rajya Sabha MP and party spokesperson, called a press conference to attack his party’s junior coalition partner, the BJP. “We haven’t forced the BJP to partner us and it is free to walk out,” Tiwari thundered. “The government will survive without it.” Perhaps the BJP thought, he smirked, it was more important of the two because it ruled several states while the JD(U) ruled only Bihar. If the BJP quits, he said, “we will fight Bihar’s election by ourselves: all the 40 Lok Sabha seats and all the 243 Assembly seats.” Left unsaid was that minus the JD(U), the BJP cannot really hope to storm back to power in New Delhi at the head of a coalition following next year’s General Election.

The two parties have never bickered as much as now during their partnership of 17 years, through several prequels and splinters of the JD(U). Bihar Chief Minister and JD(U)’s de facto supremo, Nitish Kumar, threw the gauntlet by daring the BJP to name Gujarat Chief Minister Narendra Modi as its prime ministerial candidate and risk a break with the JD(U). Secularism, Kumar said, was non-negotiable, and then followed up by saying Modi should own up to the killing of some 2,000 Muslims in February-March 2002 by zealots linked with the RSS, the BJP’s ideological parent, which supplies the party most of its politicians, including Modi. The BJP shot back, telling Kumar to mind his business.

The verbal duel set the Ganges on fire, bringing juiciness back to Bihar’s politics, which has been rather staid since the coalition first won power in the 2005 Assembly election and retained it five years later. Among other rumours that flew hard and thick this week, one said Modi was considering contesting the 2014 parliamentary election from a seat in Patna and have the last laugh by winning it. But is the sparring for real? At the end of his press conference, Tiwari admitted that any breakdown of the coalition would be “unfortunate”. Around the same time, Kumar and his Deputy Chief Minister, Sushil Modi of the BJP, were hanging out together at a function without a trace of bad blood. The BJP’s state president, Giriraj Singh, a Narendra Modi-supporter who held back no punches in attacking Kumar this week, too was in attendance.

The two parties have a history of bickering one day and shaking hands the next. They have been accused of barking without biting. But with temperatures as high as this week’s, the question uppermost in political minds is: which of the two would be the loser if the partnership is called off? Also, would Nitish Kumar succeed in exorcising the ghost of the BJP by ending the partnership now and convincing the state’s Muslims, who are over 16 percent of its eight crore people, to vote for the JD(U)?

Crunch some numbers to get a sense of what might lie ahead for the two parties. The vote share of the JD(U) stood at over 22.5 percent, the largest among all political parties in the fray, at the 2010 Assembly polls. This was an improvement of over 2 percent since 2005. On the other hand, the BJP polled considerably less, just shy of 16.5 percent, which was an increase of less than 1 percent over 2005.

http://tehelka.com/the-seven-year-itch-in-bihar-2/

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Secular mask – Editorial (Apr 20, 2013, Deccan Herald)

The Gujarat government’s decision to seek death penalty for 10 convicts, including a former state cabinet minister Maya Kodnani and a senior Bajrang Dal leader, in the Naroda Patya massacre case will not be seen as prompted by a sense of justice but by politics. The government has also decided to ask for enhancement of the prison terms awarded to 22 other convicts and appeal against acquittals of some others. They had been found guilty last year and convicted for their roles in the massacre of 97 Muslims in the post-Godhra violence in 2002. Though it may be claimed that the government’s decision is largely procedural, as it is the SIT which decided to appeal the verdict, chief minister Narendra Modi’s prime ministerial ambitions probably have much to do with the government’s move.

Modi’s biggest handicap in the campaign for acceptance as the BJP’s prime ministerial candidate is the taint of the 2002 communal killings. He faces charges of not only not doing enough to prevent and control the attacks on Muslims but also inspiring them. Many NDA partners, and some leaders even in the BJP, are uncomfortable with the communal image of Modi. The JD(U) has clearly said that it would support only a secular leader for the prime minister’s office. The decision to seek harsher punishment for the Naroda Patya convicts might be intended to project Modi as a secular leader. It would show Modi as a leader who is fair and just and ready to invoke the provisions for maximum punishment for those involved in communal killings. Who could claim greater secular credentials?

But the attempt at image makeover will not appeal to many as convincing. Maya Kodnani was a minister in the Modi government even when she faced serious charges. The government had supported her and the other accused during the time of investigation and trial. The sudden realisation of their guilt and the move to seek stronger punishment for them will be considered opportunistic and even treacherous in some quarters. The credibility of a leader who is willing to sacrifice his supporters in order to promote his personal interests is bound to be questioned. On the other side, the secular image being projected will also be dismissed as sham. Modi might end up alienating at least a section of the Sangh parivar following without getting value in return in terms of a secular image. Delayed raj dharma is alloyed raj dharma.

http://www.deccanherald.com/content/327117/secular-mask.html

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End this callousness – Editorial (Apr 22, 2013, The Hindu)

It’s been four months since agitated citizens exploded in anger against sexual violence directed at women, since the Prime Minister said the Delhi gang rape victim’s death last December would not be in vain and the nation took a collective vow to repudiate the medieval social attitudes and patriarchal prejudices that give rise to and sanction violence against women. More than two months have gone by since the law relating to sexual violence was bolstered by a series of penal measures.

Yet, India continues to be a country highly unsafe for women and girls. The latest incident in which a five-year-old was left fighting for survival after being raped and brutalised is yet another reminder that penal processes, greater security and harsher laws are not enough to protect the innocent. It may be possible to police late night bus or train services, and even our ill-lit streets, but what does one do about the predator lurking in the garb of a close relative or neighbour? Crime statistics say most rapists are known to their victims, and perhaps no defence is available against them except for families and communities to stop tolerating and making excuses for crimes committed by “their own.”

In the midst of indignant protests over the Delhi incident last December, there was talk of channelling the emotion and energy into a constructive course of action. There were calls for rational debate and a positive change in the attitude of society, of men, and, in particular, of the law enforcement machinery. However, what seems to remain unchanged is the callousness of sections of officialdom. The police station to which the parents of the five-year-old girl went to complain that she was missing made them wait for hours to register the complaint. And there was an unacceptable delay in acting on it. The police did not even search the building in which the family lived, and ultimately it was the girl’s cries in a ground floor room that attracted a neighbour’s attention.

A policeman has been accused of offering Rs. 2,000 as hush money to the family so that they did not go to higher authorities or the media. Similarly, the police in Tenali in Andhra Pradesh was accused of doing nothing when a woman was pushed under the wheels of a truck after she took on a group of men harassing her daughter. In Kancheepuram recently, a police officer said that a woman, who had confronted some men teasing a child, “should have ignored them and walked past quietly.” He would have us believe that she was responsible for the eventual killing of her father by those men. No law will achieve its purpose unless its enforcers shed their insensitivity and callousness towards the victims of sexual crime.

http://www.thehindu.com/opinion/editorial/end-this-callousness/article4640450.ece

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The Larger Implications of the Novartis Glivec Judgment – By Sudip Chaudhuri (Apr 27, 2013, Economic & Political Weekl)

The Supreme Court of India has recently rejected the plea of Novartis for patent protection for its anti-cancer drug sold in the name of Glivec or Gleevec. The judgment has evoked extreme reactions. While some have greeted it as a landmark judgment which will make medicines more affordable, others have condemned it as harmful for innovation and foreign investment. We will analyse here some of the implications of the judgment. Patent laws are national laws. With no restrictions before the introduction of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement of the General Agreement on Tariffs and Trade/World Trade Organisation in 1995, India abolished product patent protection in drugs (and food) in 1972. Even under TRIPS, though product patents are mandatory, countries have some flexibilities to frame their own patent laws to suit their national interests. Thus legally and legitimately, what is patentable in India may not be so in other countries as we will see below.

Novartis applied for a patent for imatinib (and other derivatives of a compound) in the United States (US) in April 1994, abandoning an earlier application made a year earlier. (The judgment refers to this as the Zimmermann patent after the name of the inventor.) After getting marketing approval, what the company started selling as the drug for treating chronic myeloid leukaemia was not imatinib but a derivative of it viz, imatinib mesylate. It did not apply for a separate patent for imatinib mesylate in the US because as the judgment shows the Zimmermann patent covered not only imatinib but also imatinib mesylate. Novartis could not at that time apply for a patent for imatinib/mesylate in India because the country was not required to provide protection for a patent applied or granted elsewhere before TRIPS came into being, i e, before 1 January 1995. What it did in India after 1995 (in July 1998) was to apply for a patent for the beta crystalline form of imatinib mesylate. But what India did in 2005 when she reintroduced product patent protection was to insert a condition in Section 3(d) that “the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance” is not patentable.

Under the transitional arrangements used by India as permitted by TRIPS, the Novartis beta crystalline patent application was processed for grant of patent only after 2004. The patent was rejected initially by the patent office in January 2006 and then by the Intellectual Property Appellate Board (IPAB) in June 2009. The Supreme Court judgment is basically related to the appeal of Novartis against this rejection of the patent by the IPAB. Novartis argued before the Supreme Court that starting from the Zimmermann patent, beta crystalline form for which the patent was applied in India was developed through two inventions – from imatinib to imatinib mesylate and then from the latter to the beta crystalline form. The Supreme Court however ruled that imatinib mesylate was a known substance directly following from the Zimmermann patent and hence does not qualify as an “invention” in terms of clauses (j) and (ja) of Section 2(1). It also ruled that the beta crystalline form does not satisfy the Section 3(d) criterion. The Supreme Court interpreted the word “efficacy” to mean therapeutic efficacy. The Supreme Court held that “therapeutic efficacy of a medicine must be judged strictly and narrowly” (p 91). Improved therapeutic efficacy must be claimed and established. Supreme Court rejected the appeal and hence denied the patent to Novartis because Novartis could not demonstrate that the new form (beta crystalline) of the known substance (imatinib mesylate) enhanced the therapeutic efficacy of the drug. The court rejected Novartis’ claims of better bioavailability and better physical characteristics such as better storability of the compound saying that these do not necessarily improve the therapeutic effect.

When Novartis applied for a patent for the beta crystalline form in India in 1998, it did not claim any therapeutic benefit. It was not required to do so at that stage because the Section 3(d) efficacy criterion was introduced much later. After the patent was taken up for examination after 2004 and after the grant of the patent was opposed (India’s legislation provides for pre-grant opposition), Novartis filed affidavits to satisfy the requirement of Section 3(d). But it was admitted that no study had been done earlier since nowhere in the world had such conditions been imposed. Acknow-ledging the spirit of the law, Novartis had the honourable option to withdraw the patent application. Rather what it did was to wage a seven-year-long legal battle opposing not only the rulings of the patent office and the appellate board but filing writ petitions for declaring Section 3(d) as unconstitutional! (The latter was dismissed by the Madras High Court in 2007.) Noting that what Novartis was selling in the US and in India was imatinib mesylate and not the beta crystalline form, the court remarked that the case of Novartis “appears in rather poor light and the claim for patent for beta crystalline form of imatinib mesylate would only appear as an attempt to obtain patent for imatinib mesylate, which would otherwise not be permissible in this country” (p 96).

The judgment will have a positive impact on affordability and accessibility of medicines. Generic companies sell the anti-cancer drug at a fraction of more than the Rs 1 lakh charged by Novartis for a dose of the product. Patent is given for a limited time period, currently for 20 years under TRIPS. Thus after the expiry of the patent, other firms can and do enter the market and that results in a fall in the prices and hence of profits of the patent holder. The multinational corporations (MNCs) holding the patents often try to block or delay this competition by getting secondary patents on minor changes to the product, a practice which has come to be known as evergreening. But the objective of the patent system is not to encourage or permit patenting of new forms of old drugs to basically extend the patent term. Thus what, basically, the Supreme Court in interpreting Section 3(d) is saying is that consumers should not be forced to pay higher prices just because it is chemically a new drug unless there is a therapeutic benefit involved. It is not saying that a new form cannot be patented. All that it is saying is that under the current law it cannot be patented unless it is therapeutically more effective. … The deeper implication of the judgment is that it is not only justified to deny patents when incremental innovation is trivial as in the case of beta crystalline patent application. The judgment has linked the entire question of patenting with net benefits to society and has highlighted the relevance of specific conditions of a country for deciding the appropriate patent regime. If as the judgment notes, the experience in the 1950s and 1960s justified a change in the patent regime in the 1970s, then should not a similar experience after 2005 lead to another change? Of course in the 1970s India had the freedom. Now countries are bound by TRIPS. But TRIPS is not a permanent agreement. It provides for review. The Supreme Court did not comment on the fairness or otherwise of TRIPS. But what it says and implies do provide a justification for a review of TRIPS.

http://www.epw.in/commentary/larger-implications-novartis-glivec-judgment.html

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A criminal state of affairs – By Stalin K (Apr 20, 2013, Tehelka)

Ten Years ago, I started on a journey to document practices of untouchability across several states and religions of India. 25,000 kilometres, 9,000 minutes of footage and four years later, I put together a documentary called India Untouched. The main reason for making this film was to challenge the belief of most Indians that untouchability is a thing of the past. In the years since the making of that film, little has changed. We still receive reports of barber shops refusing to shave Dalits. Homeowners unwilling to rent their houses to Dalits. Children segregated and discriminated in schools, women not allowed to draw water from wells, families pushed out of temples. Segregated mosques, churches, even crematoriums. Pervasive violence aimed at those who challenge caste discrimination. Social and economic boycotts for those who dare to transgress caste boundaries. Newly-weds chased and killed because they chose to marry outside their own caste. Rapes. Acid attacks. The list goes on shamelessly.

What is more shameful is that these practices are manifestations of a belief that views certain castes as nothing but an impure sect, which should remain servile and accepting of its lesser status. Our failure is to see this belief as endorsing of and perpetuating criminal behaviour. Article 17 of the Indian Constitution states that “Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law.” However, society continues to look at untouchability as a social given, grounded in ‘tradition’. Instead, we should see such practices for what they are: criminal acts. If your house were burgled, you would expect the case to be treated as a criminal act/offence. Such a luxury is not afforded, however, to Dalits facing discrimination and persecution. The laws in place to address the scourge of caste-based discrimination may be progressive, but the mechanisms that exist to enforce legislation are regressive.

A large part of the problem is that law enforcement agencies operate in a reactive rather than a proactive manner. Despite the prevalence of caste-based behaviour leading to untouchability (criminal offences) these agencies wait for an aggrieved party to file a complaint – and report violation of Article 17 – rather than do their job in enforcing the law. How else does one explain the fact that police stations and courts have not taken any suo moto cognizance of these everyday events? How else can we understand that there are no public or government campaigns to remind citizens that untouchability has been abolished, and that those practicing it will be treated as criminals? In order to fall in line with the shifted morality and ethics of our time, we need a strong and proactive law enforcement mechanism. We do not have this in India. On 14 April 2012, we launched a campaign at Video Volunteers (a media and human rights organisation) to draw attention to the issue of untouchability. To date, we have collated 30 videos that document breaches of Article 17.

Together with the videos, we collected 2,800 signatures that were sent to the National Commission for Scheduled Castes (NCSC) with an appeal that the videos be taken as evidences of offences, and that those involved be prosecuted. Despite submitting the petition and video evidence twice over, we have not received any sort of acknowledgement – let alone action – from the NCSC. We have now sought answers with an application under the RTI Act. It’s a sign of the times when one needs to file an RTI with the institution responsible for protecting the rights of Scheduled Castes, just to find out what is going on. As a society, when we hear about untouchability practices, we should feel outraged, as we would with other criminal acts like murder and rape. It’s time we accepted that the practice of untouchability is not the vestigial remains of some backward, social phenomenon or tradition: it’s a criminal offence. Let’s start calling it what it is.

http://tehelka.com/a-criminal-state-of-affairs/

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