Category Archives: Centre watch

Dreamum Wakeupum, HRD Ministry!

Monobina Gupta, who writes on Kafila had a piece in Times of India recently on the ravages of restructuring at Delhi University. While researching this piece Gupta sent me and several others a list of questions about the reforms. I reproduce below her questions and my answers in full. If you’re convinced by what follows, please sign this petition.

  1. How has the academic culture/ environment changed over the last five years? Has it been a slow process of attrition or sudden negativity with Kapil Sibal getting more and more aggressive?

Interestingly, strictly speaking, we’ve seen not so much attrition as an acceleration of initiatives in the purely quantitative sense accompanied by academic chaos and a disturbing decline in intellectual input. It’s possible that we now have a greater variety of courses on paper, more research projects and more published papers by faculty, but the quality of each of these has to be questioned in the light of the pressure under which they are being produced. Intellectual activity, whether anybody likes it or not, cannot be compared to most other types of output or production. It requires a very different administration, temporality (like any creative activity) and support. It needs to be largely self-directed and self-motivated, with a few broad parameters set by authority. There can consensus on standards, but these need to be set by the academic community in a public and transparent way. They cannot be set by bureaucrats and administrators and enforced by the gun. What Sibal’s regime did, consciously or unwittingly, was to define the entire teaching class as enemies, at the administrative level. The effect was that Delhi University’s VC found it in himself to bypass established democratic and consultative procedures and ram through the proposed changes. Every time teachers asked that established norms be respected and we be consulted through due process or if we suggested that intellectual and scholarly processes take time, the administration stonewalled us and threw us out of the reform process. Under Sibal, decades of collegiate functioning was torn apart, and every fight got ugly. Suddenly, ‘debate’ and ‘democratic consultation’ became dirty words. It is to be expected that a change in the higher education policy of a country as massive as India would generate passionate debate. Since this debate was not taking place in the national media, we teachers should have been considered the most valuable interlocutors, but we were stunned by the speed and ferocity of the reform process, and the criminalisation of our right to dissent and ask questions. Who has decided what the time frame for reforms is, and why aren’t we involved in this decision? Ultimately, the administration might wish that we didn’t exist as the troublesome, questioning human element in the teaching learning process, but unfortunately this is not going to happen unless they invent androids!

  1. Can you outline the main points of difference in the way the education is perceived by the ministry/ policymakers and those who actually do the teaching?

Continue reading Dreamum Wakeupum, HRD Ministry!

Abolition of Death Penalty – A Time for National Reflection: PUCL

This release was put out yesterday by the PEOPLE’S UNION FOR CIVIL LIBERTIES

The secretive and stealthy hanging of Ajmal Kasab in Pune’s Yerwada Prison yesterday, 21st November, 2012, brings to an end the legal process involved in trying Kasab for the brutal assault by trained terrorists from across the border on Mumbai, the commercial capital of India which left 166 persons dead.

The Mumbai carnage of November 2008, more popularly abbreviated to a single term `26/11,’ constitutes one of the most heinous and deliberate attempts in recent years to cause mass mayhem and terror in India. Kasab was the only member of the terrorist team sent from Pakistan apprehended alive; he was caught on film diabolically using his modern automatic weapon in a cold blooded fashion, killing numerous people. The hanging, and the trial and legal proceedings which preceded it,  admittedly  complied with existing laws which permit death penalty, and cannot be faulted as such.  While it may be argued, as many do  that the hanging will help in an `emotional closure’ to the families of victims of 26/11, there are others who point out that other key issues still remain to be addressed.  Families of victims in specific, as also other concerned citizens, have pointed out that Kasab was only a foot soldier and not the mastermind, who still remain at large. Continue reading Abolition of Death Penalty – A Time for National Reflection: PUCL

Why I was saddened by Kasab’s execution

Rejoice, fellow Indians. Ajmal Kasab has been hanged. But please excuse me, I am not joining you. Your cheering and hooting and hurrahs feel like a medieval lynch mob celebrating the death of the sinner and not the sin. Barbaric is the word that comes to mind.

This isn’t merely about the morality or aesthetic of capital punishment. I want to ask you: what did we just achieve? Ten terrorists had come to kill and be killed, to cause maximum damage of the sort that they surely knew they’d be killed. Nine of them were killed in direct encounter. Did we hail their deaths? Do we say their deaths were justice? So if we killed Ajmal Kasab four years later- “with due process” – what exactly have we achieved? Continue reading Why I was saddened by Kasab’s execution

The Power of Mercy: Yug Mohit Chaudhry on the execution of Ajmal Kasab

Guest post by YUG MOHIT CHAUDHRY

Under Article 72 of the Constitution of India, the President’s power to grant mercy comes into play only after the judicial system has confirmed the death sentence. Therefore, the confirmation of the death sentence by the highest court is a condition precedent to the grant of mercy. Judicial confirmation of the death sentence does not put the convict beyond the pale or disqualifies him from mercy; in fact it renders him eligible for mercy. Arguments that Kasab deserved no mercy once the Supreme Court confirmed his death sentence are misconceived.

It is only the rarest of rare crimes that shock the collective conscience of society and are truly unpardonable that are given the death sentence. In our constitutional scheme, it is therefore only persons committing such crimes that are eligible for mercy and pardon. If they are to be excluded from the ambit of mercy by the mere fact of having committed truly unpardonable crimes, the President’s power of mercy has no meaning. Paradoxically, the very fact that Kasab had indeed committed an unpardonable crime is what renders him eligible for mercy. Continue reading The Power of Mercy: Yug Mohit Chaudhry on the execution of Ajmal Kasab

Social Media Regulation vs. Suppression of Freedom of Speech: Pranesh Prakash

Guest post by PRANESH PRAKASH

This morning, there was a short report in the Mumbai Mirror about two girls having been arrested for comments one of them made, and the other ‘liked’, on Facebook about Bal Thackeray:

Police on Sunday arrested a 21-year-old girl for questioning the total shutdown in the city for Bal Thackeray’s funeral on her Facebook account. Another girl who ‘liked’ the comment was also arrested.

The duo were booked under Section 295 (a) of the IPC (for hurting religious sentiments) and Section 64 (a) of the Information Technology Act, 2000. Though the girl withdrew her comment and apologised, a mob of some 2,000 Shiv Sena workers attacked and ransacked her uncle’s orthopaedic clinic at Palghar.

“Her comment said people like Thackeray are born and die daily and one should not observe a bandh for that,” said PI Uttam Sonawane.

What provisions of law were used?

There’s a small mistake in Mumbai Mirror‘s reportage as there is no section “64(a)”1 in the Information Technology (IT) Act, nor a section “295(a)” in the Indian Penal Code (IPC). They must have meant section 295A of the IPC (“outraging religious feelings of any class”) and section 66A of the IT Act (“sending offensive messages through communication service, etc.”). The Wall Street Journal’s Shreya Shah has confirmed that the second provision was section 66A of the IT Act.

Section 295A of the IPC is cognizable and non-bailable, and hence the police have the powers to arrest a person accused of this without a warrant.2 Section 66A of the IT Act is cognizable and bailable. Some news sources claim that section 505(2) of the IPC (“Statements creating or promoting enmity, hatred or ill-will between classes”) has also been invoked.

This is clearly a case of misapplication of s.295A of the IPC.3 This provision has been frivolously used numerous times in Maharashtra. Even the banning of James Laine’s book Shivaji: Hindu King in Islamic India happened under s.295A, and the ban was subsequently held to have been unlawful by both the Bombay High Court as well as the Supreme Court. Indeed, s.295A has not been applied in cases where it is more apparent, making this seem like a parody news report. Continue reading Social Media Regulation vs. Suppression of Freedom of Speech: Pranesh Prakash

Petition – End the Scourge of Manual Scavenging

This statement is based on a Seminar attended by representatives of Safai Karamchari Andolan, Republic Trade Union of India, Centre of Indian Trade Unions, Tamil Nadu Untouchability Eradication Front; Advocates, Doctors and Health Activists; Faculty and Students of MIDS, IIT-M, New College, ACJ, MSE, Madras University among others. The discussion was one among many incidents happening across the country to support the struggle for abolishing manual scavenging and rehabilitation of manual scavengers.

Others who would wish to endorse this statement may please use the link attached along with this post (from change.org) to sign it.  http://www.change.org/en-IN/petitions/end-the-scourge-of-manual-scavenging-now.

More than a million people (mostly Dalit women and children) in India are still being ordained by the caste-ridden social order to clean the refuse of society with their bare hands. They are systemically forced to sell their labour-power, at a minimal price, to perform this inhuman task – what is termed as “Manual Scavenging”. People from particular Dalit communities, cutting across region and religion, are vulnerable to early death due to fatal infections, disease and exposure to toxic gases that manual scavenging entails. Further, age old casteism, continues to stigmatize and humiliate manual scavengers suppressing them to the status of “lesser humans”. Continue reading Petition – End the Scourge of Manual Scavenging

New Delhi: A heritage zone at 80!

In 1988 Lutyen’s Delhi, was declared a heritage zone by prohibiting building activity within the 26 square kilometre area out of the 43 Sq. Km. area that falls within the civic control of New Delhi Municipal Committee (NDMC). A move has now been initiated to get the entire area declared a World Heritage site.

The very logic of an area being declared a Heritage Zone should preclude any interference with the layout and design of the entire zone. Non-interference also means that, future building and development activity, if at all permitted, has to conform to the original parameters of design, materials, fittings and fixtures used, building techniques, landscaping and the kinds of trees planted in the heritage zone.

Even before the 1988 freeze on construction, there was a master plan for Delhi and it clearly identified the Lutyen’s Bungalow Zone as an area where high rises were not to be permitted.

The actual violations began when this rule was selectively relaxed beginning with permission given in the mid 70s to construct the high rise Sagar Apartments on Tilak Marg. High rises like Asha Deep and Dakshineshwar on Hailey Road followed shortly thereafter. Continue reading New Delhi: A heritage zone at 80!

Allah Baksh, a people’s obituary: JKCCS

This release was put out yesterday by the

JAMMU & KASHMIR COALITION OF CIVIL SOCIETY

On 24 October 2012, the news of the death of former Deputy Inspector General [DIG] Allah Baksh broke out. Politicians, government officials, business groups, and certain elite sections of the Kashmir valley shamelessly competed with each other in offering condolences.

It is a shocking phenomenon which JKCCS condemns as Allah Baksh was notoriously known for his involvement in the 21 January 1990 Gaw Kadal massacre when he was the Deputy Superintendent of Police [DSP]. The Gaw Kadal massacre was one of the first massacres in the post-1990 armed conflict in which reportedly more than 50 civilians were killed. For this massacre an FIR was registered against the dead and surviving civilians [3/1990 Police Station Kralkhud] but no one was held accountable for the massacre itself.

Continue reading Allah Baksh, a people’s obituary: JKCCS

Boycott Zionazi Apartheid at Delhi International Arts Festival!

[Posted below is a statement by artistes, writers and the Indian Campaign for the Academic and Cultural Boycott of Israel. The statement is self-explanatory. However, as we shall be explaining in a series of posts on Kafila soon, Zionism in Israel has perfected the most hated techniques of their own twentieth century tormentors, the Nazis, against the people of Palestine. Worse still, it has given these techniques a veneer of ‘normalcy’ – and every ‘cultural exchange’ with Israel only helps further normalize this most despicable form of colonial occupation.  ‘Settlements’, in this game of occupation, become the mode of annexing more and more of the Palestinian territory through settling of civilian Jewish populations in what still remains of Palestinian areas. – AN]

Call to boycott The Cameri Theatre at the Delhi International Arts Festival 2012

The organizers of the Delhi International Arts Festival (DIAF) — the Prasiddha Foundation, the Hindustan Times and the Indian Council of Cultural Relations (ICCR) — have invited The Cameri Theatre from Israel to perform at Siri Fort on November 4th as part of the Festival’s celebration of “the spirit of Delhi”.

The Cameri Theatre serves as an official propaganda tool for the State of Israel — a state that occupies Palestinian lands and practises apartheid policies on the Palestinian people. The Cameri theatre is complicit in the Israeli Occupation of Palestine because it chooses to perform in the illegal settlement of Ariel. Ariel is one of the largest settlements in the occupied West Bank, located on expropriated agricultural Palestinian land. The construction of Israeli settlements on occupied Palestinian land violates international law, and amounts to a war crime.

The apartheid wall with watch tower - photo taken during a visit in September
The apartheid wall with watch tower – (photo AN/NM) taken in September

Illegal Ariel contaminates Palestinian water and agricultural lands. Illegal Ariel is surrounded by walls and fences, and closely guarded by soldiers and armed security personnel. A theatrical performance in this illegal settlement is, by definition, a performance to an exclusively Israeli audience. Palestinians living even in the nearest village are physically excluded from attending. By performing in such circumstances, the Cameri profits from and legitimizes Israel’s illegal colonization policies, and becomes an accomplice to these crimes.

Continue reading Boycott Zionazi Apartheid at Delhi International Arts Festival!

Why is the media not asking hard questions on the deportation of Fasih Mehmood?: JTSA

This statement comes from the JAMIA TEACHERS’ SOLIDARITY ASSOCIATION

In September, we brought out a report, Framed, Damned, Acquitted documenting 16 cases where trials of terror accused had resulted in acquittals for not only lack of evidence but obviously concocted evidence. Each of these cases was accompanied by a section on how media had publicly tried and ‘executed’ these unfortunate men when they were first arrested—to abandon them or bury their stories in the inside pages when they were later acquitted. The release of the report had generated a genuine interest in the media—and one may dare say, an introspection of the media’s own role as the handmaiden of the investigative agencies. Continue reading Why is the media not asking hard questions on the deportation of Fasih Mehmood?: JTSA

Kazmi Solidarity Committee welcomes SC order to grant bail to Syed Kazmi

This release comes from the KAZMI SOLIDARITY COMMITTEE

The Kazmi Solidarity Committee welcomes the Supreme Court order granting bail to Syed Mohammad Ahmad Kazmi after seven months in custody on charges of involvement in the bomb attack on an Israeli diplomatic vehicle.

The committee deplores the obstructive attitude of the prosecution and the Special Cell of the Delhi Police, which have been perversely attempting to keep Mr. Kazmi in prison despite their inability to file a chargesheet within the extended time granted under the Unlawful Activities Prevention Act. Not only did the prosecution seek an extension of 90 days after the mandated period of judicial custody was over, it also used its inefficiency as an alibi, pleading that it needed more time to send out letters rogatory seeking international judicial assistance. While Mr. Kazmi was in custody, the Special Cell left no stone unturned in orchestrating a media trial to establish his guilt, planting malicious stories of his “confession” (while disavowing responsibility for these in court hearings).

Continue reading Kazmi Solidarity Committee welcomes SC order to grant bail to Syed Kazmi

To Build A Bridge in Kashmir: A fable by Abhijit Dutta

Guest post by ABHIJIT DUTTA

Once upon a time, a young politician – young enough to have a ‘baba’ appended to his name – came to Kashmir to build a bridge in Srinagar. Now as anyone who knows Srinagar knows, the city is filled with bridges. Some are famous, like Gawkadal, some are pretty, like Zero Bridge, and some are simply without charm, like the Abdullah Bridge that goes from fountain square to Rajbagh. There are several others too, each with their own unique character, their own unique relation to the Jhelum.

When he was told about the many bridges in Srinagar, the politician shouted, “I want to build a bridge.”

“But we don’t need a bridge,” said a man softly to him, wanting not to embarrass this well-meaning man who had come to Kashmir from aafar. In response, the young politician turned around and shouted once again: “I want to build a bridge.” Continue reading To Build A Bridge in Kashmir: A fable by Abhijit Dutta

Fifty villages

This report was released in Srinagar today by THE CITIZENS’ COUNCIL FOR JUSTICE. It is a statistical study of violence in north Kashmir between 1990 and 2011

An appeal to release three Pakistani fishermen imprisoned in India since 1999: Jatin Desai

Given below is the text of a letter sent yesterday by JATIN DESAI to the Indian foreign secretary

Shri Ranjan Mathai,
Foreign Secretary,
Ministry for External Affairs,
Government of India,
New Delhi -110001

Shri Ranjan Mathai ji,

Greetings from Pakistan-India Peoples’ Forum for Peace & Democracy (PIPFPD).

This is in regarding three Pakistani fishermen arrested in 1999 when their boat was destroyed in a cyclone and they strayed into Indian water. The Indian Coast Guard arrested few Pakistani fishermen including Nawaz Ali Jat, Usman Sachu son of Haji Ibrahim Jat, Zaman Jat son of Haji Jat and Usman Jat son of Ali Mohammad Jat.

Nawaz Ali passed away on September 8 2012 in Civil Hospital, Ahmedabad and his body was sent to Karachi, Pakistan on October 1 2012 by PIA’s Mumbai-Karachi flight. We believe, remaining 3 arrested Pakistani fishermen are in some prison of Gujarat and most probably in Rajkot as Nawaz was taken to Civil Hospital, Ahmedabad from Rajkot Prison. Continue reading An appeal to release three Pakistani fishermen imprisoned in India since 1999: Jatin Desai

How not to handle online hate speech in India

The first amendment to the Indian Constitution, passed in 1951, allows the government to impose “reasonable restrictions” on a citizen’s right to freedom of speech and expression, in order to protect “the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence”.

The means to impose these “reasonable restrictions” are described in several sections of the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPc). Section 298 of the IPC makes punishable words uttered “with the deliberate intent of wounding religious feelings”; section 504 addresses “intentional insult with intent to provoke breach of peace”; section 153 makes punishable speech acts that lead or could have led to rioting; section 295A could land you in jail for three years over “deliberate and malicious acts, intended to outrage religious feelings”; section 153B permits the punishment of speech acts that question any social, religious or linguistic group’s allegiance to the Constitution of India or that such a group be denied Constitutional rights. Read more…

Evidence, Consensus and Policy: Kaveri Gill on the curious case of changes proposed in India’s public health policy

Guest post by KAVERI GILL

The world of development is as prone to fashions as any other. In recent times, ‘evidence-based policy’ has become the new gold standard, following hot on the heels of participation and ownership of policy processes and outcomes by academics, activists and civil society groups. This applies within nation states, especially of the global South. India today epitomises such objective and bottom-up democratic largesse in favour of the ‘aam admi’- for largesse it is, make no mistake – with a near constant refrain of the avowed aim of ‘inclusive growth’. And yet, does it really?

Or is politically correct discourse and seemingly open decision-making processes in the social sector sphere merely dangerous fig leaves for seismic and opaque shifts in policy, which have very little to do with evidence and even less to do with broad-based consensus? Rather, they are an outcome of fixed ex-ante views – which may be termed as a distinct partiality to the Chicago School of Economics – about the path to a fictitious endpoint of a mainstream development paradigm, which itself is faith-based. It is not justified by theory or a heterodox reading of the empirical experiences of presently developed countries, let alone latecomer developing nations which are, for various exogenous and endogenous reasons, likely to have different trajectories altogether. I refer here to the hackneyed line about faster growth being pursued as a necessary, if not sufficient, condition for eventual trickle down, no matter that the ‘dur khaima’ of an equitable society is never arrived at! Continue reading Evidence, Consensus and Policy: Kaveri Gill on the curious case of changes proposed in India’s public health policy

JTSA responds to Delhi Police’s comments on their report “Framed, Damned, Acquitted”

This guest post by the JAMIA TEACHERS’ SOLIDARITY ASSOCIATION is a response to the Delhi Police’s comments on their report, “Framed, Damned, Acquitted”

Did you think that the Special Cell or the Delhi Police would introspect on its ways after the publication of Framed, Damned, Acquitted? How wrong you were. It is now attempting desperately to defend the indefensible by hiding behind a maze of statistics, ignoring the real questions that the report has raised: namely the brazen and systematic violation of all established legal norms and due process. Continue reading JTSA responds to Delhi Police’s comments on their report “Framed, Damned, Acquitted”

Framed, Damned, Acquitted: Dossiers of a ‘Very’ Special Cell

Given below is the report Framed, Damned, Acquitted: Dossiers of a ‘Very’ Special Cell, released yesterday in Delhi by the JAMIA TEACHERS’ SOLIDARITY ASSOCIATION.

When human rights activists, or families of those arrested on charges of terrorism, allege foul play on part of the investigating agencies, the usual response is this: Surely, there must have been some involvement, or else why would the police arrest him, and not me? Continue reading Framed, Damned, Acquitted: Dossiers of a ‘Very’ Special Cell

Joga’s disappearance: Amandeep Sandhu

Rupa Publications; pp 252; Rs 275

This guest post by AMANDEEP SANDHI is an extract from his new book, Roll of Honour, a novelset in the backdrop of the Indian Army’s Operation Blue Star in 1984

During the last summer vacation (from my military school), when I was at home in Patiala, the soldiers had taken away my friend Joga. The government had already censored the newspapers, but the airwaves sneaked in the news of what was happening elsewhere in Punjab. In our living room, Nanaji’s white beard had trembled when we listened to Mark Tully from the British Broadcasting Corporation on our Murphy radio:

The battle of the Golden Temple in Amritsar is being fought hard and constantly. At the height of the battle, there were three hours of hand-to-hand fighting. Weapons allegedly recovered from the separatist Sikh militants were displayed to the world. The fatalities are not… Unofficial estimates go into thousands… Continue reading Joga’s disappearance: Amandeep Sandhu

Letter to the Editor, Times of India: Narmada Bachao Andolan

This guest post by CHITTAROOPA PALIT is the text of a letter to the editor of the Times of India, which the paper has not published

Subject: Rebuttal to the story “Reality bites: Khandwa’s made-for-TV protest” published in Times of India.

Dear Sir,

We are shocked to read the story “Reality bites: Khandwa’s made-for-TV protest” in your esteemed newspaper, which has been published with prominence. The story is false and fabricated. The journalist did not meet any Mehtab Singh but she quoted him. The journalist did talk to my colleague and senior activist of NBA Mr. Alok Agarwal but chooses not to quote him. It may be noted that the OB van and a team of your own group Times Now was there at satyagrah site all the time covering live from 6th September but none of these issues were raised.

Continue reading Letter to the Editor, Times of India: Narmada Bachao Andolan

Will there be justice in the Bhaderwah triple murder case?

This press release was put out by the JAMMU KASHMIR COALITION OF CIVIL SOCIETY on 13 September

Kuldeep Khoda, former Director General of Police, Jammu and Kashmir
On 12 September 2012, a little less than five months after the son of one of the victims of the infamous Bhaderwah triple murder case filed a complaint before the State Human Rights Commission [SHRC]. The SHRC dismissed the case implicating Kuldeep Khoda, ex-Director General of Police, Jammu and Kashmir [retired from service on 31 May 2012]. No notice was given to the complainant or his advocate to appear for the hearing. On 13 August 2012, the advocate for the complainant had sought an opportunity to advance further arguments on 22 August 2012. While this request was granted, no hearing was held on 22 August 2012. Instead of providing notice for the subsequent hearing on 12 September 2012, the SHRC chose to dismiss the case. Continue reading Will there be justice in the Bhaderwah triple murder case?