Category Archives: Debates

Who’s afraid of the Karachi Literature Festival?: Ayesha Siddiqa

Guest post by AYESHA SIDDIQA

Photo via Dawn.com

Here we are seemingly in an age of intellectual freedom, burgeoning media industry and literature festivals. There are numerous festivals held all over South Asia celebrating books new and old, bringing people together for exchange of ideas. But these festivals seem to be wrapped in their own politics. In some cases, certain cliques that want to encourage a peculiar perspective dominate the show. I understood this through my interaction with the Karachi Literature Festival. Continue reading Who’s afraid of the Karachi Literature Festival?: Ayesha Siddiqa

Raining Rape-Speech in Kerala

It is hardly news in Kerala by now that its been raining misogynists, rape-talkers, and swollen-rotten masculine egos in these early days of 2013. The PJ Kurien controversy has been a trigger of course. But I am astounded at the collective frenzy of Congress stalwarts. Kerala today is like a coconut garden taken over by a bunch of supremely drunken … well .. simians. Here we are, helplessly watching the tipsy horde ascend the fruit-laden coconut palms, pulling down ripe fruit and raw ones, tender leaves and drying ones, with  nary a care for all of us down here! Everyone, from senior leaders,  many insecure dumb ass-males on FB and Youtube, to minor lawyers in small-town courts with sadly dessicated minds but hugely swollen male-egos, to elected MLAs on the floor of the Kerala State Assembly, and judges whose guardian-angelic misogynist aura glints a bit more menacingly in private conversations,each of them seem to be up their own coconut tree throwing down various half-witted, asinine comments,venting their immense distrust of women who don’t fit into the homely-comely-motherly stereotype. Continue reading Raining Rape-Speech in Kerala

‘Death penalty in India is a legal lottery’

Justice Ajit Shah says that it has been proven beyond doubt that death sentence does not serve as a deterrent against crime; the reason why two third of the world has abolished it all together. He explains the bizarre nature of how the death sentence in India is judge centric and how under the same set of circumstances, some have received the death sentence, while others have been given life and still others acquitted. Death sentence is judge centric with many judges having a history of doling out death penalties and other being kind. Death sentence is thus nothing but a ‘legal lottery’ where if you are lucky you get a lenient judge you survive, else you end up at the gallows. He talks about the caste and class connection to death sentence, where the lower castes and lower classes are usually the ones sent to the gallows because they cannot afford proper legal aid. He says that this discriminatory nature renders death penalty unconstitutional and that there is the need for a larger debate on the same.  Continue reading ‘Death penalty in India is a legal lottery’

Death Penalty – an agenda for abolition: Yug Mohit Chaudhry

This is the audio of the Shahid Azmi Memorial Lecture delivered on 9 February 2013 by YUG MOHIT CHAUDHRY at the Indian Law Institute in Delhi. While the lecture date and topic – death penalty – were scheduled weeks in advance, it co-incidentally happened that Mohd Afzal Guru was hanged on the morning of the lecture. Shahid Azmi was a lawyer in Mumbai. He was 32 when he was shot dead on 11 February 2010.

On Shahid Azmi from Kafila archives:

Previously in Kafila by Yug Mohit Chaudhry:

See also:

More on Afzal Guru from Kafila archives:

Why the Delhi rapists should not be hanged

The shameless and cynical Manmohan Singh government has found an easy way out to appear strong, deflect attention from its failures and save itself from the opposition’s questioning. Just hang a death row convict before every Parliament session! It is very likely that if the 16 December Delhi rape-and-murder accused are placed on death row by this time next year, the UPA government will hang them just in time for the 2014 general elections.

I am opposed to death penalty in principle, and there are good reasons why so many democracies have abolished death penalty. But even if you do not agree that death penalty should be abolished, please consider why it should not be applied to the five accused in this case.

About a month ago I visited the Ravi Das “camp”, a slum colony near RK Puram where four of the six accused lived. I met the mother of one of them. Champa Devi’s son Vinay Sharma was the first to plead guilty and say he should be hanged; his father agreed on television. Continue reading Why the Delhi rapists should not be hanged

Lessons from Delhi and Dhaka: Nagesh Rao and Navine Murshid

Guest post by NAGESH RAO and NAVINE MURSHID

Photo credit: AFP/Getty Images
Photo credit: AFP/Getty Images

In the early hours of Saturday morning, a secret execution was carried out by the Indian government. Afzal Guru, a Kashmiri, was put to death for his alleged involvement in the 2001 attack on the Indian Parliament. Afzal’s family in Kashmir were cruelly denied a last visitation. They were informed that the Indian President had rejected his mercy petition, and of his imminent execution, by mail—the letter reached Afzal’s wife Tabassum two days after he was executed and buried in an unmarked grave inside Tihar Jail.

Meanwhile, across the border in Bangladesh, hundreds of thousands of Bangladeshis from all walks of life have occupied Shahbag Square near Dhaka University, outraged that a notorious war criminal might walk free after having been spared the death penalty by the Bangladeshi International War Crimes Tribunal. Abdul Quader Mollah, leader of the right-wing Islamist party Jamaat-i-Islami, and convicted of multiple counts of rape, torture and murder, was photographed flashing a victory sign as he left the court. Continue reading Lessons from Delhi and Dhaka: Nagesh Rao and Navine Murshid

What Afzal Deserves: Chandan Gomes

20130212-185109.jpg

Guest post by CHANDAN GOMES

Ever since the news of Afzal Guru’s execution broke out on the 9th, I have witnessed my personal space descend into a state of chaos. I woke up that morning to a number of emails/facebook messages by friends requesting me to join them at Jantar Mantar to protest against Guru’s execution. Many called that particular protest farcical, some even going to the extent of labelling these young men and women as traitors. Battle lines were drawn and a country stood divided. The more I thought about the execution, the more it saddened me. I could see myself and people like me (the ordinary citizens of this great nation) as pawns in a game of ugly power play, waiting to be sacrificed at the altar of ‘opportune moment’. Continue reading What Afzal Deserves: Chandan Gomes

राष्ट्रवादी न्याय से करुणा की विदाई

“अगर हम ‘लोकतांत्रिक सरकारों के छिपे इरादों और गैरजवाबदेह खुफिया शक्ति संरचनाओं की जांच करने और उन पर सवाल उठाने से इनकार करते हैं तो हम लोकतंत्र और मानवता, दोनों को ही खो बैठते हैं.” पत्रकार जॉन पिल्जर का यह वाक्य आज हमारे लिए कितना प्रासंगिक हो उठा है! हमें नौ जनवरी को खुफिया तरीके से अफज़ल गुरु को दी गयी फांसी के अभिप्राय को समझना ही होगा. काम कठिन है क्योंकि इसे लाकर न सिर्फ़ प्रायः सभी संसदीय राजनीतिक दल एकमत हैं बल्कि आम तौर पर देश की जनता भी इसे देर से की गई सही कार्रवाई समझती है.

नौ जनवरी के दिन के वृहत्तर आशय छह दिसम्बर जैसी तारीख से कम गंभीर नहीं क्योंकि इस रोज़ भारतीय राज्य ने गांधी और टैगोर की विरासत का हक खो दिया है.अगर अब तक यह साबित नहीं था तो अब हो गया है कि भारत की ‘संसदीय लोकतांत्रिक राजनीति’ का मुहावरा उग्र और कठोर राष्ट्रवाद का है. और राजनीतिक दलों में इस भाषा में महारत हासिल करने की होड़ सी लग गयी है.

Continue reading राष्ट्रवादी न्याय से करुणा की विदाई

Afzal Guru’s story – in his own words

Via Hindustantimes.com
Via Hindustantimes.com

Guru wrote in a letter in 2004:

In the Parliament attack case I was entrapped by Special Task Force of Kashmir. Here in Delhi the designated court sentenced me to death on the basis of special police version which works in nexus with STF, and also came under the influence of mass media in which I was made to accept the crime under duress and threat by special police ACP. Rajbir Singh. That threat even get confirmed to designated court by T.V. interviewer (Shams Tahir Aaj-Tak).

[…]

Special police told me that if I will speak according to their wishes they will not harm my family members and also gave me false assurance that they will make my case weak so that after sometime I will get released. Continue reading Afzal Guru’s story – in his own words

When women ask for it: Veena Venugopal

Guest post by VEENA VENUGOPAL

To me, the most memorable scene in Dev D is the one where Paro takes a mattress from home and ties it to her cycle. When she reaches the edge of the field, she abandons the cycle, lifts the mattress on her shoulder and marches to the clearing where she lays it down and waits for her lover. There are no words spoken and the camera holds her face close. Her expression is one of intense seriousness. You can see her desire is a field force of intensity that fuels every step. She is determined to see it through, to let that desire take over herself completely; not surrender to it but to let it explode out of her. You know that when she meets Dev, the sex would be passionate and powerful.  And yet, in the south Delhi multiplex where I was watching the film, most of the audience burst into rapacious laughter. The women smiled embarrassedly at each other. Which made me wonder, why is female desire a laughing matter? Continue reading When women ask for it: Veena Venugopal

The Day Afzal Died: Nirmalangshu Mukherji

Guest post by NIRMALANGSHU MUKHERJI

There are days in which streaks of hope shine through dark clouds of misery. The 9th of February, 2013, was such a day.

The day broke with the news that the noose of the Indian state had finally seized the throat of Mohammad Afzal Guru after years of careful conspiracy. With ill-concealed admiration, the television screens reported the military swiftness, the secrecy, and the perfection with which a nuclear-powered state with one of the largest armies in the world escorted an unarmed, hapless Kashmiri to the gallows, performed its rituals, and pulled the bolt. As the murder was officially videographed with full legal sanction, the body was kept dangling for thirty minutes before it was pulled down and immediately buried in an ‘unmarked’ grave, protected by layers and layers of impenetrable walls. The case of Afzal Guru was thus brought to a ‘closure’. So hoped the state. Continue reading The Day Afzal Died: Nirmalangshu Mukherji

Secret hanging a major setback: Human Rights Watch on the execution of Afzal Guru

Statement put out on February 9 by HUMAN RIGHTS WATCH

(New York) –The hanging in New Delhi of Mohammad Afzal Guru makes it more urgent for India to reinstate its previous informal moratorium on executions as a step towards abolishing the death penalty, Human Rights Watch said today. Azfal Guru, executed on February 9, 2013, was convicted for his role in the attack on the Indian parliament in 2001.

In November 2012, India ended its eight-year unofficial moratorium on executions when it hanged Ajmal Kasab, convicted for his role in the 2008 Mumbai attacks. Continue reading Secret hanging a major setback: Human Rights Watch on the execution of Afzal Guru

Some questions for comrade Karat on the killing of Afzal Guru: Satya Sivaraman and Manisha Sethi

Guest post by SATYA SIVARAMAN and MANISHA SETHI

Shri Prakash Karat,

General Secretary,

Communist Party of India (Marxist)

Dear Comrade,

Afzal Guru was hanged yesterday in utter secrecy, denied in his last moments the right to meet his wife and children one final time. Denied to him also was the ultimate judicial resort, due to every condemned convict after his/her mercy petition has been rejected.

The entire legal proceedings against Afzal were shot through with contradictions, fabrications and travesties of legal procedure. The Supreme Court bench that finally sentenced him to death did so to ‘appease the national conscience’ despite inadequate evidence of his role in the Parliament attack case.    Continue reading Some questions for comrade Karat on the killing of Afzal Guru: Satya Sivaraman and Manisha Sethi

Do we have the right to a peaceful protest?: Warisha Farasat

Guest post by WARISHA FARASAT, who was present at the peaceful Jantar Mantar protest against the execution of Afzal Guru

We have been finally denied even the basic right to a peaceful protest. Two incidents over the last week have proven that only the right wing Hindutva groups have the right to protest in this country; the unbridled right to disrupt all other peaceful protests; and to ensure that the civil liberties groups are pushed even further against the wall. Two days ago, a peaceful student protest against Narendra Modi’s speech at Delhi University was met with brutal response, which has been reported extensively. Today, as Shuddhabrata Sengupta has poignantly pointed in his earlier post there were peaceful silent protests against the secretive hanging of Afzal Guru, and also for the abolition of the death penalty from the criminal statute books at Jantar Mantar. But what unraveled thereafter was shameful. The police watched and participated while young and brave University students, several of them Kashmiri, were beaten up. I saw young women with scarves, which were seen as a marker of their identity being targeted, groped, beaten, humiliated, abused, and finally arrested. Other respected civil liberties activists, lawyers, and even journalists were abused, kicked, beaten, and their faces blackened. Continue reading Do we have the right to a peaceful protest?: Warisha Farasat

Four statements on the execution of Afzal Guru

Statement from the PEOPLE’S UNION FOR CIVIL LIBERTIES

The PUCL condemns the hanging of Afzal Guru in Tihar Jail early in the morning (9.2.2013) today.

The tearing hurry with which Afzal Guru was hanged, accompanied by the flouting of all established norms by not giving his family their legal right to meet him before taking him to the gallows, clearly indicates that there were political considerations behind taking this step. More shameful is the explanation of the Home department that the wife and family of Afzal Guru were intimated of the hanging by a mail sent by Speed Post and Registered Post. Decency and humanity demanded that the Union Government give prior intimation to the family and an opportunity to meet him. Such a surreptitious action of the government also deprives the family of Afzal Guru to right to seek legal remedy.

PUCL also condemns the repressive stand of the Delhi police in not allowing a group of people who were protesting against the hanging and detaining them in police stations. We are equally concerned by reports that right-wing goons were permitted by the police to use violence against the protestors. PUCL asserts the right of citizens to dissent and express their opposition to capital punishment in a peaceful manner. Continue reading Four statements on the execution of Afzal Guru

Bhag Modi Bhag: Three eyewitness accounts from a protest in Delhi University

Guest posts by CHANDAN GOMES, AKHIL KUMAR and an ANONYMOUS student; photographs by CHANDAN GOMES, SHAFAQ KHAN and MUKUL DUBE

Photo credit: Chandan Gomes

No Space for Dissent

by CHANDAN GOMES

On 6th January, 2013 the usually quaint Delhi University transformed into a battle ground of ideologies. The road leading to Sri Ram College of Commerce (SRCC) where Narendra Modi was invited to speak at the Sri Ram Memorial Oration stands witness to all that went wrong day before yesterday. Continue reading Bhag Modi Bhag: Three eyewitness accounts from a protest in Delhi University

Newslaundry ki dhulai: Kashif-ul-Huda

Guest post by KASHIF-ul-HUDA

In just a year, Newslaundry has achieved quite a following for its in-depth and hard-hitting interviews.  “Welcome to newslaundry – Sabki dhulai. You watch. We’re watching,” says the “About Us” page of this website. But the question is who will do dhulai of Newslanudry?

Newslaundry’s interview of eminent Islamic Scholar Asghar Ali Engineer makes you wonder what kind of preparation did Madhu Trehan did before doing this interview? How is this interview, asking stupid questions on the topic of women’s education, Salman Rushdie, purdah, etc., any different than idiots that play journalists on news channels? Continue reading Newslaundry ki dhulai: Kashif-ul-Huda

जहाँ वे सेतु बनते हैं: मिहिर पंड्‌या

Guest post by MIHIR PANDYA

गणतंत्र दिवस की सुबह। अौर उस सत्र का शीर्षक था ‘विचारों का गणतंत्र’। अशिस नंदी पहले उदाहरण द्वारा विस्तार से समझाते हैं कि क्यों एक सवर्ण एलीट का भ्रष्टाचार हमारी बनायी ‘भ्रष्टाचार’ की मानक परिभाषाअों में फिट नहीं होता अौर क्यों सिर्फ दलित का भ्रष्टाचार ही ‘भ्रष्टाचार’ नज़र अाता है। इसलिए जब वे यह कहते हैं कि भ्रष्टाचारियों का बहुमत वंचित जातियों से अाता है तो वह यह कहते हुए वापिस पुरानी बात दोहराना ज़रूरी नहीं समझते कि यहाँ दोष उनका नहीं, ‘भ्रष्टाचार’ की उस भ्रामक परिभाषा का है जिसमें एलीट का भ्रष्टाचार फिट ही नहीं होता। इसे वह अंत में जवाब देने के लिए मिले दो मिनट के समय भी दोहराते हैं कि उनके उक्त कथन को दो मिनट पहले कही बात के संदर्भ में देखा जाए। जैसा नंदी ने बाद में भी कहा, अौर उनकी अध्ययन शैली से परिचित लोग यह जानते भी हैं, वे किसी भी वक़्त यह नहीं कह रहे थे कि भ्रष्टाचार की कोई जाति होती है, बल्कि वे भ्रष्टाचार को पहचानने अौर निर्धारित करने की जो प्रचलित समाजदृष्टि है, उसके पीछे छिपी जातिवादी मानसिकता को पहचानने की अोर इशारा कर रहे थे। यह तर्क प्रणाली समझने में थोड़ी जटिल हो सकती है, लेकिन इसकी कोई वजह मुझे फिर भी नज़र नहीं अाती कि ठहरकर, ज़रा सा समय देने पर भी यह बात समझ न अाए। Continue reading जहाँ वे सेतु बनते हैं: मिहिर पंड्‌या

“The impunity of every citadel is intact” – the taming of the Verma Committee Report, and some troubling doubts

Legal activist Vrinda Grover said in the FeministsIndia e-list about the Ordinance: “The impunity of every citadel is intact – family, marriage, public servants, army, police.” In effect, she said, the Ordinance is simply the pending Criminal Law Amendment Bill 2012, widely criticized by women’s organizations, which has been sneaked in as law without debate or consultation, in Parliament or outside. Feminists activists are rightly suspicious of the sudden sense of “emergency” that has gripped the government, when it has ignored our demands for criminal law reform on sexual violence for over twenty years.

Here I will document two press releases issued by women’s groups, and draw attention to some troubling and unresolved debates within the women’s movement in India today. The post will conclude with a useful table comparing the Ordinance and the JVC Report, issued by the Ministry of Home Affairs. Continue reading “The impunity of every citadel is intact” – the taming of the Verma Committee Report, and some troubling doubts

Water Cannons, Tear Gas, Ordinance: How the State Responds to Protests Against Rape and the Justice Verma Committee

20130203-075541.jpg

  • [ Protestors from the Bekhauf Azaadi/Freedom Without Fear Campaign Demanding Complete Implementation of the Justice Verma Committee Recommendations during the Freedom Parade to Reclaim the Republic on Republic Day, 26 January, 2012 in New Delhi. ]

So, first they come with water cannons and tear gas, and then they come with an ordnance.

Yesterday, the Union Cabinet decided to rush drafting an ordinance in response to the massive protests against rape and sexual violence that have been occurring ever since the 16th of December, 2012. According to preliminary reports, the ordnance, which will be signed into law by the President of India before Parliament even meets, flies in the face of the detailed and exhaustive list of recommendations made by the Justice Verma Committee (JVC) which had been hailed by the protesting young people and a large number of women’s organisations. In other words, the government feels no need to discuss the JVC in parliament. It feels no need to even give time and an opportunity for its recommendations to sink in, for there to be more thinking, more ideas, more awareness of the issues and questions at stake. No wonder, the government had so hastily pulled down the JVC report from its own websites after it had been released. Continue reading Water Cannons, Tear Gas, Ordinance: How the State Responds to Protests Against Rape and the Justice Verma Committee

Dear Pakistani friends, Put yourself in my shoes

I did not want to write this post.

There are enough Indian voices, from Times Now to Hindutva Online, who point fingers at Pakistan. Like M Ziauddin of the Express Tribune newspaper, I think that the two countries need more unpatriots – not people who ‘hate’ their own countries but who question their own nationalist narratives. People who ask: could we be wrong? Asking questions of yourself is difficult, and blaming the other is instant gratification of ego. Questioning yourself has long-term rewards in helping you make peace with yourself.

I am forced to write this piece because I continue to see well-meaning Pakistanis online continue to complain about the Bad Hospitality given by India to the Pakistani women’s cricket team in Cuttack in Orissa. The complainants online have included some of my Pakistani friends whom I know to be liberal, peace-loving and well-meaning, and who have clearly been influenced by some clever propaganda that is deliberately not showing them the full picture. Continue reading Dear Pakistani friends, Put yourself in my shoes