All posts by Nivedita Menon

Debates, Education, Right watch

Draft New Education Policy 2019 through a Gender and Sexuality Lens

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Recommendations on Draft New Education Policy (DNEP) by a collective of women’s groups, queer groups, NGOs, students, and academics working in the field of gender, sexuality and education.

We, a collective of women’s groups, queer groups, NGOs, students, and academics working in the field of gender, sexuality and education, across India strongly recommend and reiterate that for all the recommendations given here, the policy and thereafter, the Government of India and State Governments must ensure that there is a proactive strengthening of democracy within educational institutions. The right to expression, liberty, equality and diversity are rights enshrined in the Constitution of India. We welcome that the DNEP 2019 as it states that it will promote constitutional values in education. However, for the implementation of this objective, changes in the content of the curriculum will not suffice. Constitutional values must be protected in the processes and institutional structures of schools and higher education bodies.

We commend the policy for introducing the following provisions:

  1. DNEP 2019 addresses the issue of early childhood education, especially the timely recommendation of making Years 3 to 8 as a foundational stage. This becomes critical as early education and experiences are the most formative in a child’s life, and a holistic pre-school education continues well beyond traditional schooling years.
  2. It is the first policy to uphold the Honourable Supreme Court’s 2014 directives around transgender inclusion in education.
  3. The policy has taken cognizance of many children who continue to dropout at different levels, and the even more serious problem of enrolled children not attending school regularly.
  4. It seeks to strengthen departments/ centres of education at universities.

Having said this, the subsequent list of recommendations is laid down to strengthen the DNEP 2019 from the lens of gender and sexuality, especially for the most marginalised communities. We feel that gender and sexuality related rights could only be ensured if there is a larger enabling environment, in which diversity of thought and practices are respected. These, we feel, would be critical in developing a robust educational policy for the country, which would address the fundamental intersectionalities that individuals and communities face in their lives. Continue reading Draft New Education Policy 2019 through a Gender and Sexuality Lens →

Law, Politics, Right watch

Standing up for those who stood with us – Statement of support for Lawyers Collective

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We, the undersigned concerned citizens, are extremely perturbed at the increasing tendency of the Government, through its agencies, to use excessive power to curb the voice of the people, which is the very essence of democracy.

The work of Lawyer’s Collective in general and that of Indira Jaising and Anand Grover in particular, has contributed to changing the lives not just of individuals but of citizens of a democratic republic. They have not only represented the rights of individuals and communities such as slum dwellers, workers, trade unions, prisoners, SC/ST associations, Bhopal Gas tragedy victims, women, LGBTQ+ and other marginalized communities as lawyers, but have also contributed immensely to the discourse of human rights and state accountability as public intellectuals.

Continue reading Standing up for those who stood with us – Statement of support for Lawyers Collective →

Debates, Education, Right watch

Draft New Education Policy 2019 – Mass Feedback Campaign: Better Universities

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In support of the campaign launched by BETTER UNIVERSITIES.

The Government of India has finally unveiled the much-awaited draft of the National Educational Policy (NEP) 2019, and with that, has come a host of new issues to address and engage with.

To access a copy of the draft, please click here.

Here is the full point by point critique made of the Draft NEP by Better Universities, that anybody concerned about education in India should read very carefully.

At the end you will find the link that will take you the campaign for mass feedback on the NEP.

Response to the Draft National Education Policy 2019

Most significant point in my opinion:

What is even more damning is that the appointments to all statutory bodies in the higher education sector will have to be made by the RSA – and must, by default, await the nod of the Prime Minister. It is unambiguously stated that appointees to the NHERA, HEGC, NRF, NAAC and all other standard-setting bodies must report to the RSA and thus be beholden to the infirmities of political will and favour. Needless to say, this amounts to the NEP’s unashamed surrender to ruling party intervention and an effective imagining of higher education as subservient to political interests. Autonomy is shown the door, both structurally and ideologically – despite the Draft making a shrill pitch for it through the previous chapters.

Introduction

While the former HRD minister’s message (included in the Draft policy) congratulates the exercise as evolving “path breaking reforms” based on the “foundational pillars of Access, Equity, Quality, Affordability and Accountability”, the higher education sector is instead coming under greater political control and contributing to wider inequities with respect to institutional inputs and outcomes. Even the employment goals envisioned by the curricular reforms proposed in the Draft policy might produce greater job insecurities among students coming into higher education from across different social and economic backgrounds. Continue reading Draft New Education Policy 2019 – Mass Feedback Campaign: Better Universities →

Culture, Debates, Feminism, Right watch

The politics of Hindutva and its erotic charge: Jaya Sharma

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Guest post by JAYA SHARMA

In the post election bewilderment that continues to grip us, might it be that we are asking the wrong questions?

The questions are by now familiar. How can it be that a Pragya Thakur wins and an Atishi loses? How can it be that demonetization doesn’t translate into loss of votes? How can it be that the party under whom lynching of Dalits and Muslims becomes a norm gets re-elected? How can it be that hatred for the other wins over humanity?

In response, journalists, political scientists and writers have pointed out that our assumptions related to the significance of macro economic indicators, caste-based voting patterns, among other things, were faulty. But the questions still remain,  including the big one: why did facts and logic lose so dramatically?

Might it be that the bewilderment continues because there is a glaring blind spot in the way in which we understand politics? Might it be that facts and logic were never the only driving force? I will argue here that in order to understand the recent election results and the power of Hindu Nationalism more broadly, we need the lens of the psyche. The play of desire and the erotic is key to understanding politics and dipping into our own sex and love lives can help us see this.  ‘The personal is political’ mantra can come to the rescue in the bewilderment that we feel today.  In making this argument I will draw upon research that I have undertaken for a book that I am in the process of writing called Fantasy Frames: Sex, Love and Indian Politics, to be published later this year. Continue reading The politics of Hindutva and its erotic charge: Jaya Sharma →

Government, Politics, Right watch

Update on “tally mismatch” in 2019 Lok Sabha Elections: Ravi Nair

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In an earlier post  we made note of the serious matter of unaccounted movement of EVMs in private vehicles in different parts of the country and the mismatch between the ECI figures for voter turnout and EVM votes cast, neither of which the EC has satisfactorily explained until today.

Now in a detailed analysis in NewsClick, Ravi Nair points out that even three weeks after the last phase of the election, ECI is yet to publish the “final data”, and whatever it has put out till now is “provisional numbers”.  More worryingly, Nair points out that when glaring anomalies came into the public domain, ECI not only deleted the uploaded data from both Suvidha Portal and its main website, but also issued a release to say that whatever was published was “the provisional voter turnout data”, which was “tentative”.

However, the ECI never bothered to answer the fundamental questions: How did it announce winners based on these “provisional” and “tentative” data? How did the automated counting of votes polled in EVMs become “tentative”?

Read Ravi Nair’s article “ECI’s stance on data discrepancies: No right to question?” on NewsClick here.

Culture, Literature

Alvida, Girish Karnad, we promise to keep up the fight for India

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Girish Karnad 1938-2019

Government, Politics, Right watch

The “massive mandate” of 2019 and the role of the Election Commission

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Caution: Long read!

This is the elephant in the room, is it not? Was this “massive mandate” of the Lok Sabha elections 2019, the result of a free and fair election? Should we continue to discuss this outcome – the scale of the BJP victory, the numbers of seats, the margins by which seats were won – through political analysis alone?

Rather, has not political analysis of the election become inevitably deeply influenced by these margins and these numbers of seats, by the scale of the sweep?  In other words, the analysis is of necessity post facto, assuming that these seats have actually been won fairly, and therefore represent the views of the electorate.

I found very revealing a story by two Reuters journalists who covered rural North India extensively.  Mayank Bhardwaj and Rajendra Jadhav ruminate on how they could have gone so wrong in assessing the mood of the electorate. Although they say they never thought Modi would lose this election, it looked certain that he would return with a reduced majority. There was nothing  they heard and observed on the ground that suggested the actual outcome. They conclude that next time they will travel even more, push their respondents harder, “be more aware of our limitations.”

Many seasoned journalists have the same sense of shock. But what if they were not wrong after all?

Continue reading The “massive mandate” of 2019 and the role of the Election Commission →

Everyday Life, Feminism, Law

Sexual Harassment ‘in-house’ for the Supreme Court – is sunlight the best disinfectant? Pratiksha Baxi

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Guest Post by PRATIKSHA BAXI

The publication of a sworn affidavit by a former Supreme Court staffer testifying to sexual harassment by the Chief Justice of India has been treated as a scandal, whether the complainant was believed or not. And the subsequent events – an extraordinary suo moto hearing, allegations of a conspiracy against the independence of the judiciary, the in-house committee’s decision to exonerate the CJI – have evoked the normative question whether such forms of judicial exceptionalism are the necessary condition for judging in our courts.

Yet asking such questions ran the risk of being labelled as an ‘institution de-stabiliser’. The intent was to invent social consensus by deploying labelling as a technique of censoring and delegitimising feminist critique. Not so long ago women who challenged male authority were described as witches, today they are labelled anti-national, institution destabilisers, presstitutes or simply, left-liberal/JNU type.

However, whether one walks right, left, centre or zigzag, it cannot be denied that jurisprudential questions need answers beyond the specifics of this case. One would have thought that it is also in the interest of all judges to devise a procedure that is constitutionally sound and invested in gender justice, while recognising the specific problems that judges may have because of the nature of their work. And that the Supreme Court would recognise that it is in the interest of every survivor of sexual harassment, irrespective of ideology or status, to be provided normative answers.

Continue reading Sexual Harassment ‘in-house’ for the Supreme Court – is sunlight the best disinfectant? Pratiksha Baxi →

Culture, Education, Right watch, Violence/Conflict

The Saderla story – courage in the face of violent prejudice: Manindra Agrawal

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This is a guest post by MANINDRA AGRAWAL

This is the story of a young man who made it to the premier institution of IIT Kanpur against heavy odds, but was then let down by the system and people at the institute. Yet, he showed exemplary courage and stood up for his rights firmly but gently. The story also highlights the frailties of human nature and the vindictiveness that can mar human actions. It is a story that needs to be told.

Prologue

IIT Kanpur, like all other IITs, has very few faculty from reserved categories.​ ​An initiative was taken in August 2017 with an exclusive advertisement for faculty under various reserved categories. The applications received were sent to the respective departments for evaluation, and the shortlisted candidates were called for seminars. The protagonist of this story, Dr SS (I am using initials for the key players for convenience, all names are in the public domain), who is from a scheduled caste of Andhra Pradesh, was shortlisted in the Aerospace Engineering department. He did both his M.Tech and Ph.D from IIT Kanpur under Professor AKG, who happened to be the head of the department at the time. Continue reading The Saderla story – courage in the face of violent prejudice: Manindra Agrawal →

Culture, Debates, Feminism

Law versus faith, female activists versus male devotees and other strange creatures at Sabarimala

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Images of resistance

The three images below teach us how society is transformed – by the courage and determination of the oppressed and marginalized; by tears of rage, and by stony cold resistance in the face of violent retaliation by entrenched power.  It is not that these pioneers were fearless, but that they acted despite their fear.

The first shows Kairali TV camera-person Shajila Ali Fathima, tears running down her face as she continues filming the vandalism of Hindu right-wing mobs over the Sabarimala issue, despite being threatened and physically attacked (her neck was hurt, and she has since been advised a cervical collar and rest).

The second shows fifteen year old Elizabeth Eckford walking steadfastly past the hostile screams and stares of white segregationists on her first day of school in 1957, after the US Supreme Court outlawed racial segregation in schools.

And the third shows the Kalaram Temple satygraha, led by BR Ambedkar and BK Gaikwad in 1930, to fight for the right of Dalits to enter the temple.  Almost nine decades later, Dalits still face immense hostility and violence towards their right to worship and participate in temple festivals.

Women are activists, men are devotees

Continue reading Law versus faith, female activists versus male devotees and other strange creatures at Sabarimala →

Capitalism, Media politics

Gareebon ko adrenalin rush nahin aati; unko aati hai majboori – the trapped miners of Meghalaya: Abhineet Mishra

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Fifteen people have been trapped in an illegal rat-hole mine in East Jaintia Hills in Meghalaya since December 13, 2018.

Three helmets are all that have been found so far. Authorities were callous enough to presume the miners dead on the very day of the accident.  The district administration wrote to the National Disaster Response Force on December 13 asking for help in recovering the “dead bodies”.

But as citizens, we are all equally responsible for a pervasive national culture of violence, exploitation and abuse of power. Abhineet Mishra delivers the shock to our conscience that is long overdue.

Feminism, Right watch

Stop The Criminalisation of Triple Talaq: Women’s rights activists

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We, the undersigned individuals, women’s rights activists and allies of the women’s movements, are opposed to the Muslim Women (Protection of Rights on Marriage) Bill, 2018 in its present form. We appeal to the Members of Rajya Sabha to completely withdraw the Bill and significantly re-draft it in the interest of Muslim women.
The Muslim Women (Protection of Rights on Marriage) Bill, 2017, was passed by the Lok Sabha on December 28, 2017 and is pending before the Rajya Sabha. This Bill was not referred to a Select Committee as urged by the members of Rajya Sabha, but the Union Cabinet incorporated three amendments based on the issues raised by the Opposition. It included the provision of bail when the wife appears before the Magistrate, allowing only the aggrieved woman and her relatives (by blood or marriage) to file a complaint, and making the offence compoundable. Owing to severe opposition to this Bill in the Rajya Sabha, the Union Cabinet issued the Muslim Women (Protection of Rights on Marriage) Ordinance on September 19, 2018, which criminalised the pronouncement of triple talaq (or talaq-e-bidat) with punishment of up to 3 years of imprisonment and with fine.
We are writing on behalf of Muslim women from across the country and women’s groups to oppose this Bill, which is arbitrary, excessive, and violative of fundamental rights enshrined in the Indian Constitution. Overall, if this Bill is passed it would make Muslim women more vulnerable to violence, as well as harm their economic, household and social security.

Continue reading Stop The Criminalisation of Triple Talaq: Women’s rights activists →

Feminism

JNU GSCASH statement on ICC punishments for complainant

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We, the undersigned faculty and student members of Gender Sensitisation Committee Against Sexual Harassment (GSCASH) who have been elected by the faculty and students of JNU to ensure gender justice in the university (2017), are shocked by the news report on the recommendations of the Internal Complaints Committee’s (ICC) for a specific case. The report published in Indian Express (13.12.2018) states that the ICC found the complaint a frivolous one after inquiry and consequently has recommended that the complainant be completely debarred from entering JNU Campus, her degree should be withdrawn, and that she should never be allowed to take up any course or employment in JNU.

As per the ICC Rules and Procedure, Rule No. 11 states the “Action against frivolous complaint” in order “to ensure that the provisions for the protection of employees and students from sexual harassment do not get misused”. It further states “If the ICC concludes that the allegations made were false, malicious or the complaint was made knowing it to be untrue, or forged or misleading information has been provided during the inquiry, the complainant shall be liable to be punished as per the provisions of sub- regulations (1) of regulations 10, if the complainant happens to be an employee and as per sub-regulation (2) of that regulation, if the complainant happens to be a student. However, the mere inability to substantiate a complaint or provide adequate proof will not attract attention against the complainant. Malicious intent on the part of the complainant shall not be established without an inquiry, in accordance with the procedure prescribed, conducted before any action is recommended”. Continue reading JNU GSCASH statement on ICC punishments for complainant →

Feminism, Right watch

Statement by JNU faculty against targeting of complainants of sexual harassment by ICC

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We, the undersigned faculty at the Jawaharlal Nehru University express our shock and outrage at the extreme penalties recommended against a doctoral student for bringing a sexual harassment complaint against her teacher.

According to a report in the Indian Express (dated 13 December 2018),  JNU’s Internal Complaints Committee (ICC) has decided to punish a student for allegedly filing a ‘false’ sexual harassment complaint against a teacher in what it has deemed to be a ‘frivolous’ complaint. While we are not privy to either the details of the complaint or the justification the ICC has for arriving at this conclusion — rather than simply noting the failure to substantiate a complaint— we find the severity of the penalties imposed extremely troubling.

Continue reading Statement by JNU faculty against targeting of complainants of sexual harassment by ICC →

Countryside, Feminism, Violence/Conflict

Justice denied – the Dharmapuri rape: Ila Ananya

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Guest Post by ILA ANANYA

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On the night of November 12th 2018, more than fifty people from Sittilingi, a village in Dharmapuri district of Tamil Nadu, made their way back home from Dharmapuri Government Medical College Hospital with the body of a 16-year-old Adivasi (Malaivasi) girl. The girl had been raped on November 5th by two drunk men, and had died in the hospital five days later – a death that her family have described as linked to blatant police negligence, beginning with their refusal to file an FIR, and involving the questionable role of the Child Welfare Committee (CWC) in Dharmapuri. Manjunathan*, a resident of Sittilingi, says that on November 12th, around ten police vehicles and 100 policemen had followed the girl’s funeral procession through the village, all the way to the graveyard. “Till now we have never seen the police,” Manjunathan attests, “now suddenly, since the day of the protest, they have remained in the village, especially at the junction, harassing people.”

This large and unusual police presence in Sittilingi began on November 10th, after around 2000 people gathered on the main road of the village, frequented by buses connecting Salem and Thiruvannamalai, to protest against the rape and death of the girl. Continue reading Justice denied – the Dharmapuri rape: Ila Ananya →

Ecology/Environment, Identities, Media politics

Remote Islands, Savage Tribes: Sajan Venniyoor

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Guest post by SAJAN VENNIYOOR

If you key in “remote island” on Google, most of the news stories it throws up are about an unfortunate and very dead young man named John Allen Chau. If you type in “remote Indian island”, Google will take you immediately to North Sentinel Island.

We are all, by now, familiar with sad tale of John Allen Chau and his ill-fated voyage to Sentinel Island. A young evangelical from the United States, Chau was – apparently from a very tender age – fired with zeal to convert to Christianity the natives of a very specific island in the Bay of Bengal: viz., North Sentinel Island in the Andaman & Nicobar archipelago.

John Allen Chau

Continue reading Remote Islands, Savage Tribes: Sajan Venniyoor →

Culture, Debates, Feminism

Of Angry Women and Insecure Men – Hindi cinema and the MeToo Age: Rama Srinivasan

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Guest Post by RAMA SRINIVASAN

Men have had every advantage of us in telling their own story. Education has been theirs in so much higher a degree; the pen has been in their hands. I will not allow books to prove anything.”
― Jane Austen, Persuasion

Austen’s words, a searing commentary on how patriarchy controls the narrative, remains relevant today despite tenacious efforts by women to wrest authorial control from men and narrate our own stories. Even as the struggle to find one’s voice and to be heard continues, we might also ask ourselves what we will be left with after we have successfully challenged male authority and supremacy in our stories, the idea of heroes and villains, of chaste wives and women of disreputable characters. In the moment of triumph, is there also a need of introspection? The MeToo movement, in India and elsewhere, opens our world(s) up to these and many other questions that do not have easy or ready answers. A standard reply, reproduced in several platforms when questions like ‘why now’ or ‘what next’ are raised is illuminating of the problem societies face when women tell stories: “For now, we should just listen to the women who want to speak up.” It not only represents the struggle to tell our stories on our own terms but also tell them without a fixed agenda or plan.

The current moment in Hindi cinema has been complementing these societal struggles, perhaps even foreshadowing the MeToo challenges to patriarchy by both wresting authorial power to tell stories of relatable people, especially of women, but also displacing plot devices and narrative arcs familiar to stories that end up reaffirming patriarchal authority. Continue reading Of Angry Women and Insecure Men – Hindi cinema and the MeToo Age: Rama Srinivasan →

Everyday Life

Seasons of Violence: Vikas Bajpai

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Guest post by VIKAS BAJPAI

Sometimes, memories stacked away for long, come tumbling out. If these are not just about personal nostalgia, dwelling upon them could serve some public good.

It was 31 October, 1984. The time may have been around 11 am. I was taking my second term exams for class XI in a room on the ground floor of the science block of the Delhi Public School, R K Puram, New Delhi. Unfortunately, mine was the first seat very close by to the only entrance and the exit for the room. ‘Unfortunately’ because  this made seeking the help and guidance of fellow examinees in this ordeal a rather adventurous proposition. Nevertheless, I focussed on the question paper intently, trying to make sense of what was expected of me.

A while after the examination had taken off, the teacher invigilating in our room and other teachers in the adjacent rooms flocked together at the door of our room for a conference of sorts, each having a cup of tea in their hands which had been duly served by that time. Barely a minute or so into their hushed conference, I over heard one of the teachers remark – ‘madam ko to goliyan lag rahin hain’ (madam is being riddled with bullets). I was a bit startled as to what that could mean; but then, I had a task at hand and got immersed in it before long. Continue reading Seasons of Violence: Vikas Bajpai →

Education, Government, Right watch

The Imposition of CCS Rules in Central Universities: Statement by JNU faculty

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THIS IS A STATEMENT PREPARED BY JNU FACULTY

In the wake of the protests in universities about a number of disastrous policy level changes — huge fund cuts for the University Grants Commission, state governed divestment from the higher education in the name of graded autonomy, tampering with reservation policy in both drawing up recruitment and in college administration, casualisation and reduction of employment in universities, widespread corruption, as well as authoritarian clampdown on free speech and thought — the government has now sought to muzzle teachers voices through the induction of the Central Civil Service (Conduct) Rules to govern the conduct of faculty in Central Universities.

 

Continue reading The Imposition of CCS Rules in Central Universities: Statement by JNU faculty →

Debates, Religion, Right watch

The BabriMasjid/Ayodhya Judgement of 2010 – Some questions for today

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Babri Masjid before its demolition. It was still a mosque in 1992 when Hindutva mobs demolished it, and namaz was offered there until 1949 when under growing pressure from Hindutva forces, it was locked and made out of bounds for the public. However, Hindu puja was permitted there once a year.

This post is an analysis of the Allahabad High Court judgement of September 2010, on the BabriMasjid /Ayodhya issue. The final judgment ruled that the disputed land would be divided into three parts, one third going to the Hindu Maha Sabha which represented Ram Lalla, one third to Sunni Waqf Board and the rest to Nirmohi Akhada including Ram Chabutara and Sitaki Rasoi.

This essay was written at the time, and published in Economic and Political Weekly. Two of the key issues of this case arose in two of the recent judgments of the Supreme Court on other matters.

One, the status of ‘Next Friend’, which is central to the Ayodhya case, was brought up in the judgement on the Bhima- Koregaon Five. Regarding  the PIL filed by historian Romila Thapar and four other eminent persons challenging the alleged-unlawful arrest of these five activists,

the court assumed that the writ petition has now been pursued by the accused themselves and was of the opinion that the petition, at the instance of the next friend of the accused for an independent probe or a court-monitored investigation cannot be countenanced, much less as a PIL as the petitioners cannot be heard to ask for the reliefs which otherwise cannot be granted to the accused themselves.

Two, the status of the deity as a person in law came up centrally in the judgement on Sabarimala.

Apologies for posting this long piece, which is not a blog post but an analytical essay closely examining the 2010 judgement by Allahabad High Court. I have not updated it in any way, as that is the judgement that currently stands. The  case is currently in the Supreme Court.

The Ayodhya judgement: what next?

 Published in Economic and Political Weekly Vol 46 No. 31 July 30 – August 05, 2011

Since the Allahabad High Court judgement on the Ayodhya dispute was delivered on September 30, 2010, a substantial body of reflection upon it has emerged. Historians, political commentators, legal scholars and lawyers have all produced serious and engaged critiques of the judgement, pointing out flaws in reasoning and flaws in law. In an engagement with the debate so far, particularly with the critical voices, of which I am one, I hope here to develop a composite picture of the problems with the judgement, currently under appeal in the Supreme Court. And to ask, what are its weakest links?

Continue reading The BabriMasjid/Ayodhya Judgement of 2010 – Some questions for today →