Category Archives: Debates

Homosexuality and Islam – Indian Muslims’ Responses: Abhay Kumar

Guest Post by ABHAY KUMAR 

No sooner had the Muslim minority of India come to terms with a sudden surge of the Hindu right BJP in four assembly elections, seen as the ‘semi-final’ ahead of the General Election scheduled for early 2014, than their attention was gripped by yet another controversy. On December 11, 2013, the Supreme Court recriminalized homosexuality, overruling the three-year old  judgment of Delhi High Court.[1] The bench comprising Justice G.S. Singhvi and S.J. Mukhopadaya ruled that homosexuality or unnatural sex between two consenting adults under section 377 of Indian Penal Code (IPC) is an offence.[2] The judgment has evoked mixed response. The political elites and parties[3] along with religious leaders have responded in more than one way and some have supported the Supreme Court judgement while others are against it.[4]  But a strong protest against the verdict has been lodged by progressive, left circles backed up by English language media.[5]

Contrary to this, Muslim religious leaders and those politicians whose primary constituency is the Muslim belt, have wholeheartedly welcomed the ruling. While the English language media has acted as a ‘torch-bearer of liberal’ values, the Urdu press, on the other hand, has fought a spirited battle against the western ‘disease’. [6]

However, unlike these ‘guardians’ of the community, there are some other Muslim voices, who have broadly opposed criminalising people on the basis of their sexual orientation. This paper attempts to discuss the responses of Indian Muslims on the question of homosexuality. Continue reading Homosexuality and Islam – Indian Muslims’ Responses: Abhay Kumar

Corporate Sabotage and AAP’s Chavez Moment

Even as the new AAP government was preparing to take oath of office, the news came of an unprecedented hike in the price of CNG (Compressed Natural Gas) – a hike of Rs 5.15 per kg. In principle, there is nothing wrong with a price-hike that is supposedly necessitated by the need to reduce supplies to metropolitan centres in order to ensure a more equitable distribution to other towns. However, knowing the way the Congress Party functions, the timing of this hike gives rise to legitimate suspicion that the intention is mala fide. At the very least, the decision could have waited till the new government assumed office and some consultation with the new government was carried out. This move shows up the nature of what can be expected from Congress and its ‘outside support’ to the new government.

Expectedly, auto-rickshaw drivers have started making noises about going on strike if fares are not commensurately hiked. If auto fares are raised, it hits the middle class, and if they are not, it alienates the auto-drivers.This clearly throws any new government into a quandary. Continue reading Corporate Sabotage and AAP’s Chavez Moment

Arvind Kejriwal, master-blaster

Arvind Kejriwal is the new Sachin Tendulkar. You throw him the most difficult googly and he sweeps it to add runs for his century. In 2011, he started a national anti-corruption movement with the specific aim of setting up an anti-corruption ombudsman called Lokpal. The movement’s public face and leader was Anna Hazare, a respected social leader, who like Gandhi, believes in fasting for politics. The critics said Anna is just a puppet and it’s Kejriwal’s movement, and that such sophistry showed Kejriwal (who takes oath as chief minister of Delhi tomorrow) had sinister motives.

Kejriwal’s critics said that fasting unto death was a blackmail strategy not suited to a democracy. Kejriwal can’t have a Lokpal just because he wants it. His popular support is just media hype. If he really wants a Lokpal, why doesn’t he form a political party and contest elections?

Kejriwal’s critics said he was supported by the RSS and the BJP, that he is a BJP stooge, that the Lokpal movement was a right-wing conspiracy to remove pristine, super-secular, people-loving, chosen-by-god Congress party from power. Continue reading Arvind Kejriwal, master-blaster

In Tragic and Tough Times – Thoughts in the Wake of A Rape Charge and a Suicide: Sucheta De and Shivani Nag

Guest Post by SUCHETA DE and SHIVANI NAG

In Tragic and Tough Times, Let Us be True to Our Democratic and Gender-Just Principles.

We are confronted by a painful episode involving a rape charge and a suicide, that poses many tough and tangled questions to us – as the JNU community and also as individuals and activists committed to secularism, democracy and gender justice. Let us, for a moment, reiterate what one of the late Khurshid Anwar’s friends has said in his recent post on Kafila: the suicide does not prove him guilty of the charge of rape, and it does not prove his innocence either.

The suicide is a horrible, tragic occurrence – and it is a tragedy we should not compound with irresponsible utterances. A charge of rape does not necessarily turn the accused into a convicted rapist. True. And equally truly, it does not turn the woman making the charge, overnight, into a slut, a murderer, or a communal/political conspirator. Continue reading In Tragic and Tough Times – Thoughts in the Wake of A Rape Charge and a Suicide: Sucheta De and Shivani Nag

Cultures of Servitude and the Khobragade-Richard Issue: Nissim Mannathukkaren

Guest Post by Nissim Mannathukkaren

When the great lord passes the wise peasant bows deeply and silently farts. (Ethiopian proverb)

When progressive politics finds itself in agreement with Arnab Goswami, then it is time for the alarm bells to ring. What has been unfolding over the last week has been nothing but spectacular: a wronged and humiliated ‘Third World’ nation (finally) standing up to the imperialist Satan over the Devyani Khobragade episode. A story supposedly fit for lore. But in reality it would have been comical only if it did not have serious consequences.

What is comical is a nation whose elites and middle classes are perfectly in sync with the American worldview (India is among the top America-loving nations in the world) and think that America is the epitome of democracy (a survey from a couple of years ago showed that Indians, more than any other people in the world, think that the United States is a multilateral rather than a unilateral actor), whose students and youth dream the American dream (the largest number of foreign students in America are from India), whose rulers salivate at the prospect of an eternal soiree with the American establishment (after all, the Indo-American strategic partnership has been called the ‘defining alliance of the 21st century’) have suddenly woken up to the rude reality that maybe the Americans do not think about us in the same way! Hence our petulant reactions – like a spurned lover.  Continue reading Cultures of Servitude and the Khobragade-Richard Issue: Nissim Mannathukkaren

Aam Aadmi, Khaas Politics: Satya Sagar

   Guest Post by SATYA SAGAR                                          

From time to time in the history of every nation there emerges a maverick force that collapses the existing system by taking its logic to the extremes.  Arvind Kejriwal and his Aam Aadmi Party are precisely that, a ‘wild card’ in Indian politics, threatening to turn it upside down in ways no one could have imagined before.

Ever since they were born out of the throes of Anna Hazare’s anti-corruption movement, a couple of years ago, everyone has tried to slot the AAP in the regular political categories of right, left and center. Some have dubbed the Aam Aadmi Party as the ‘new Congress’ and others as the ‘B Team’ of the BJP. Supporters of the party have hailed its leader Arvind Kejriwal as a ‘modern day Gandhi’ while one opponent has intriguingly called his party ‘right wing Maoists’! Continue reading Aam Aadmi, Khaas Politics: Satya Sagar

On the Death of Khurshid Anwar: Kalyani Menon Sen and Kavita Krishnan

Guest Post by KALYANI MENON SEN & KAVITA KRISHNAN

(Find Hindi translation below the English statement)

We are deeply shocked and saddened by the death of Khurshid Anwar.

As activists committed to ending violence against women, we have been trying to ensure the due process of law and justice in relation to the allegations against Khurshid Anwar. Continue reading On the Death of Khurshid Anwar: Kalyani Menon Sen and Kavita Krishnan

Statue of Unity – How the Varna Media is Loving It !

..The man who belonged to the whole country has now been abducted by Narendra Modi, a pracharak of RSS, the communal organization who the Sardar fought against throughout his life. ..The only purpose of the construction of the Sardar Patel statue which was declared by Narendra Modi after he was anointed as the BJP’s Prime Ministerial Candidate is to collect votes for the 2014 elections in the name of this leader of India’s freedom struggle. It is therefore a downright irony that the RSS pracharak is trying to build the facade of unity by erecting the statue of one of the staunchest opponents of RSS. (Facade of Unity – RSS Abducts Sardar Patel, Pratik Sinha October 31, 2013 |

I

History bears witness the fact that the attitude to appear ‘big’ or ‘tall’ so that even posterity remembers you is very evident in every megalomaniac. It is a different matter that due to a poor sense of history, such megalomaniacs cannot even comprehend that thanks to the way they subdued a population, or cleanse it of ‘others’, actually overwhelms the giant monuments they build or the memorials they erect to commemorate their bloody victories. The Halakus, the Chengiz Khans, the Menanders or the Mussolinis of the world are remembered today not as noble representatives of humanity but as its other. Continue reading Statue of Unity – How the Varna Media is Loving It !

Dear Supreme Court: Inder Salim

Guest Post by INDER SALIM

Dear Supreme Court,

I am personally glad that your recent verdict on Article 377 has sparked a debate on the nature of “SEX “in India.

Continue reading Dear Supreme Court: Inder Salim

Queering Christianity: Janice Lazarus

Guest Post by JANICE LAZARUS

While there have been several writings, posts and comments on the web and in the print about the connection between homosexuality and Hinduism, there has been almost nothing said about the outlook of Christianity on homosexuality. One of the petitioners in Kaushal vs. Naz case is the Utkal Christian Council represented by its Secretary; and so I feel that it is crucial to write about Christianity and the way in which in many parts of the world a Queer Theology is embracing those previously deemed sinful by the Church. While I am in no way a theologian, I do feel that the Bible is open to be read by all and can be interpreted differently by many (as do the different sects within Christianity).

Continue reading Queering Christianity: Janice Lazarus

People’s Participation in Planning Mumbai?: Hussain Indorewala and Shweta Wagh

This is a guest post by Hussain Indorewala and Shweta Wagh

Since the past six months in Mumbai, there has been an unusual convergence between urban activists, community groups, rights groups, unions, Non-Governmental Organizations and academics, who have come together to provide a theoretical critique of the city’s neoliberal development model, to formulate a more diverse and hopeful vision for the city than the one proclaimed by its power elite, and to present practical alternatives to plans and projects promulgated by faceless state bureaucracies and unaccountable private consultants.

On 22nd October 2013, more than 1500 people gathered at Azad Maidan to formally present “The People’s Vision Document for Mumbai’s Development Plan (2014-2034)” to the Municipal Corporation of Greater Mumbai (MCGM).[1] The People’s Vision Document (PVD)[2] is a remarkable collective vision statement, an outcome of discussions focused around specific issues in the city with more than a hundred grassroots and community groups, along with activists, experts and academics who participated in them. With this movement, the less advantaged residents of the city have announced and forced themselves into an exclusionary and secretive Development Plan process; refusing to be silent spectators, in a striking example of initiative, organizational ability and creative agency, they have asserted their right to the city’s future, whose owners and managers have done much to keep them out. To use the language of other social urban movements around the world, some of the most marginalized groups of the city are fighting for spatial justice, urban democracy, and have claimed their ‘right to be equal in diversity.’[3] Continue reading People’s Participation in Planning Mumbai?: Hussain Indorewala and Shweta Wagh

As a religious minority, I empathize with sexual minorities: M Reyaz

This is a guest post by M. REYAZ

The Apex Court judgment of December 11, putting aside the Delhi High Court order on decriminalisation of homosexuality, pertaining to Section 377 of the IPC has clearly divided into two ‘queer’ camps, where on one side besides LGBTS are those liberals extending their support to the LGBT cause, and on the other side, there are religious leaders and groups, who otherwise would not even see eye to eye with each other (what is ‘queer’ about this second camp is not so much its sexual orientation, as the strangeness of its banding together against queer people despite their antagonism toward each other).

Continue reading As a religious minority, I empathize with sexual minorities: M Reyaz

JTSA extends support to the LGBT community, calls for committed judicial activism: JTSA

Guest Post by JAMIA TEACHERS’ SOLIDARITY ASSOCIATION

On 11 December, 2013 a two judge bench of the Supreme Court of India (SC) ruled that section 377 of the Indian Penal Code (IPC), which considers homosexuality a criminal offence, does not ‘suffer from the vice of unconstitutionality’ and hence, legally valid.  By this highly regrettable ruling the apex court astounded and disappointed not only the LGBT community but the wider public at large.

Continue reading JTSA extends support to the LGBT community, calls for committed judicial activism: JTSA

Suresh Koushal v. Naz Foundation: Pratiksha Baxi

Suresh Koushal v. Naz Foundation directs law’s violence on the body of the Constitution of India. Proclaiming colonial law as constitutional, the Supreme Court negates its role in the making of postcolonial constitutionalism. It departs from the theatres of comparative constitutionalism in the post–colonies, which used Naz to strengthen their battles against Macaulay’s legacies. Today the Supreme Court is cited amongst the infamous precedents of injustice that mark Indian legal history. Dubbed as ADM Jabalpur 2, the judgment declares sexual emergency on LGBT communities. By breathing life into s. 377, the Supreme Court attaches a badge of stigma on the body of Constitution.

Taking a jurispathic turn, the Supreme Court asserts that equality is subservient to scale by claiming that the LGBT community is a “miniscule fraction of the country’s population”. Inventing the category of a miniscule minority, the Supreme Court implies that equality provisions will apply only to numerically preponderant body populations. Thereby, overwriting equality jurisprudence by the insidious politics of numbers.  Continue reading Suresh Koushal v. Naz Foundation: Pratiksha Baxi

The Anti-Rape Movement -The Political Vision of ‘Naari Mukti/Sabki Mukti’: Kavita Krishnan

Guest Post by KAVITA KRISHNAN

Anti Rape Protest at CM Shiela Dixit's House, Photo by Vijay Kumar
Anti Rape Protest at CM Shiela Dixit’s House, Photo by Vijay Kumar

A year ago, a massive movement erupted on the streets of Delhi and the country – against the brutal gangrape of a young woman on a bus, leading to her death. Looking back at that movement a year later, it is clear that the questions, concerns and above all the tensions and debates embedded in that movement are with us still – and are quite crucial to the political discourse around us.

Continue reading The Anti-Rape Movement -The Political Vision of ‘Naari Mukti/Sabki Mukti’: Kavita Krishnan

AAP’s Rise and Congress Rout – Some Obvious but Unconventional Questions: Sanjay Kumar

Guest post by SANJAY KUMAR

A Congress rout and the AAP success are the most obvious results of recent polls. Both are spectacular, in their own ways. Even BJP’s landslide victory in Rajasthan and Madhya Pradesh pales in comparison, for these two open up new possibilities.

Why a party whose legacy of anti-colonial struggle had lost sheen generations ago, whose top leadership is in the grip of a seemingly disinterested and incompetent dynasty, that lacks any organised cadre, coherent ideology, social base, and whose average leader appears more of a wheeler-dealer, and scamster, should continue to get close to thirty percent of votes from Indians even in worst of times, is a genuine mystery. That the Indian social analyses, barring a few exceptions, have tried little to unravel this mystery, is not only an indication of their intellectual limitations, but also of their ideological biases. The enduring success of Congress indicates seamier side of liberal democracy in general, which bourgeois social sciences try more to paper over than explore.

From voters’ perspective elections under liberal democracy are an exercise in choice, but not in freedom. When people vote, they are not acting as citizens shaping their social world, but as little men and women facing pre-existing structures of social power. The magic of elections under liberal democracy is precisely this. They offer a choice, the choice is not fake, its collective outcome is uncertain, yet the choice is already pre-determined in ways that by and large reproduce pre-existing power structures. That is why, exercising franchise is not necessarily a marker of democratic exercise, and leaders of fascist persuasion are often the loudest votaries of compulsory voting.  But that is not all. If elections were mere gears in a machine that simply revolved on and on, they would be quickly become a ritual, like those under state socialism in which the Party and leaders always got more than 95% approvals. Elections under liberal democracy in contrast provide flexible adjustment of state political functionaries to changing social conditions. They allow reflection of changes in public opinion, demography, gender politics, caste equations and balance of class forces, whose origins lie somewhere else, onto state politics. Punctuated adjustment with a time lag produces a sense of drama. Personae on stage appear as victors and losers, for voters there is enough stage space to allow their hope, vengeance or gratitude to play their part. For a time, and only for a time, the impersonal structure of state power becomes humanly palpable. Continue reading AAP’s Rise and Congress Rout – Some Obvious but Unconventional Questions: Sanjay Kumar

An anti-constitutional judgement: Johannes Manjrekar

Guest Post by JOHANNES MANJREKAR

The ruling by a two-member bench of the Supreme Court, striking down the judgement of the Delhi high Court which had held that Article 377 – a pre-Constitution, 19th century colonial-era law – violated the spirit and directive principles of the Indian Constitution, seems to break new ground in jurisprudence. In an era where governments worldwide have been engaged in systematically rolling back hard-won civil liberties and individual rights and violating constitutionally guaranteed freedoms and principles, one might be excused for believing that the most urgent duty of an independent judiciary endowed with a reasonable degree of conviction and courage, would be to curb the transgressions of governments against the principles laid down in their own constitutions. The recent ruling of the SC does little to encourage such a belief. Continue reading An anti-constitutional judgement: Johannes Manjrekar

On the SC judgement on Sec 377: Statement from TISS teachers

It is with deep shock and disappointment that we received the regressive judgment of the Supreme Court dated 11-12-13, on the reading down of Section 377 of the IPC related to the rights of queer (lesbian bisexual gay and transgender…) people in this country, which reverted the decriminalisation of non-normative sexualities following the Delhi High Court judgement in 2009.

The Delhi High Court had based its expansive judgement on the eloquent discussion of constitutional morality by the framers of our Constitution, especially Dr. Ambedkar. Constitutional morality, they argued is the basis for equality of citizens since public morality which is largely the morality of the dominant forces in society can never guarantee democracy, and perhaps even more importantly equality and dignity to its citizens, especially its most marginal citizens. Additionally, The Delhi High Court judgement evoked the spirit of dignity, inclusiveness and non-discrimination, thereby emphasizing equality of all citizens that Nehru spoke of during the Constituent Assembly debates, so necessary for the deeply hierarchical social fabric that our country represents. Continue reading On the SC judgement on Sec 377: Statement from TISS teachers

The State Manufactures Terrorism: KP Sasi

An Interview with activist-film-maker, K.P. SASI by Md. EisaBadre Alam Khan and Abhay Kumar.

KP Sasi
KP Sasi

K.P. Sasi is a well-known social activist and filmmaker.  In his several decades of activism, he has been associated with a number of social movements ranging from anti-globalisation and anti-nuclear movement to anti-death penalty struggles and the movements led by environmentalists and marginalised social groups such as Dalits, Adivasis, and Muslims etc. He has expressed his activism through making more than two dozen documentaries and a few feature films. But his two music videos —America, America and Gaon Chhodab Nahin, watched by lakhs of people, continue to motivate social and political activists standing against injustice and inequality. The lean and thin Sasi, who spots thick grey beard, is again in controversies for his latest spell of activism. Early in this year he screened a 94-minute long documentary Fabricated based on the life of Muslim leader from Kerala Abdul Nasar Madani, accused in Coimbatore and Bangalore serial bomb blasts. Fabricated has been the fruit of Sasi’s two years of hard work during which he did an extensive research, met a number of people and travelled thousands of miles and received threats as well. Why did he take so much pain and risk his life? Fabricated, in Sasi’s words, is an attempt to bring a ray of hope to thousands of innocent people, mostly Muslims, Dalits, Adivasis, oppressed nationalities, workers and others languishing in jails for years and decades under draconian laws such as Unlawful Activities Prevention Act (UAPA). Fabricated is mostly woven around the story of Madani, making a strong case that the Muslim leader of Kerala is innocent and has been jailed for years simply because has been framed. He has a charisma, a great skill of oratory and above all a vision of the uplift of the marginalised sections. In the early week of November, Sasi was in Delhi where Fabricated was screened at many places. After watching the documentary at Jawaharlal Nehru University, Md. Eisa, Badre Alam Khan and Abhay Kumar had a detailed interview with K.P. Sasi during which he went on a great length about a host of issues from state terror, human rights, Hindu right, caste, and class to the Muslim politics. The excerpts of the interview are as follows: Continue reading The State Manufactures Terrorism: KP Sasi

AAP Halts BJP Advance in Delhi

Over a year ago, I had written on Kafila about the (Ir)resistible rise of Arvind Kejriwal,  a phenomenon thoroughly misread from the beginning to this moment, by free radicals and Left devotees of Congress-style politics. Taking the risk of saying ‘I-told-you-so’, some lessons need to be underlined, learnt from the political developments of the last three years. That post said – referring back to the days of the Anna Hazare movement (itself dubbed reactionary, casteist, even RSS-sponsored and fascist, by pundits of all hues) –

But here was the political class  and the intelligentsia from Left to Right taking the protestors to task – asking them to tame their dissent and channel it through ‘proper channels’. Contest elections and let us see how much support you have, they challenged. Anna Hazare stuck to his guns, refusing the bait. Kejriwal however, seems to have decided to call their bluff. And much before the last hunger strike failed, his political mobilization started moving away from the single point agenda of the Lokpal Bill. Apparently taking up the challenge and moving towards the constitution of a political party, Kejriwal has entered the field in a manner that might even begin to pose an electoral challenge to ruling as well as opposition parties. How much of a challenge it will be we cannot say. However, one thing is quite clear: It will probably introduce an element of serious uncertainty in the coming elections, whenever they are held. Old formulas will cease to work. Equations are bound to change with new imponderables entering the scene.

Continue reading AAP Halts BJP Advance in Delhi

A hunt, the aftermath, angry Indian men and a tragedy: Rahul Roy

Guest Post by RAHUL ROY

Nivedita Menon ends her commentary on the unfolding Tehelka sexual assault case in Kafila by asserting – “the time has come. It is now”. It should be, but is it? Are we witnessing the end game of an old Indian patriarchal sport called sexual assault? The sport is akin to another old game called the royal hunt that was an important part of elite political culture of South Asia. The rules of the sport were then as now heavily loaded in favour of the royal huntsman – weapons, support teams, timing, everything required for the thrill of a kill were with powerful men out to conquer. The expeditions however were not just about the kill. The sport was also a means of asserting authority over tracts of the wild and those that lived there and were by some misfortune not aware of prevailing authority structures. The royal hunt was an event to showcase to subjects the might, prowess and authority of the elite rulers. It was the stamping of power over human as well as animal kingdom. The royal huntsman could not but win. He could not but kill.
Continue reading A hunt, the aftermath, angry Indian men and a tragedy: Rahul Roy