Category Archives: Debates

Satyameva Jayate? On the impending execution of Afzal Guru

Someday, we will count how many minutes it took for television in India to start baying for Afzal Guru’s blood (once again) after Ajmal Kasab was buried in Yerwada Central Jail in Pune.

A man called Mohammad Afzal Guru, son of Habibullah Guru, currently resident in Ward Number 6 of Jail Number 1 in Tihar Central Prison in Delhi will hang to satisfy the bloodlust of the Indian Republic, unless the President of India decides otherwise. This text is an attempt to make us think about this decision and its ramifications carefully.

Continue reading Satyameva Jayate? On the impending execution of Afzal Guru

A 26/11 victim who refuses to celebrate Kasab’s execution

While the media has reported most families of those who died in 26/11 as hailing the execution of Ajmal Kasab, Bollywood actor Ashish Chowdhry refuses to be one of them. His sister Monica and her husband were amongst those who were killed at the Oberoi trident hotel. Given below are screenshots of Chowdhary’s tweets. Read from the last tweet upwards. Continue reading A 26/11 victim who refuses to celebrate 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

Imagining Post-Zionist Futures – Israeli Apartheid and Palestinian Resistance III

This post is the third of a series based on a visit by Nivedita Menon and myself to Palestine in mid-September 2012. The first two are Nakba and Sumoud and Waiting for the Third Intifada.

It was the 18th of September, our third evening in Ramallah. We were at the Ramallah Cultural Palace to listen to Palestinian youth bands perform. The place was teeming with people, mostly young, in their twenties and thirties. The hall was packed, the atmosphere so electric that even if Magid had not been there to explain, there was no  way we could have missed the excitement and the anger that the songs evoked in the  audience. Interestingly, not all the songs were about Zionist oppression and the travails of everyday life in occupied Palestine.  When a song critical of the PA (Palestinian Authority) began, the hall went up in spontaneous applause, endorsing the  sarcastic lyrics directed at PA that has lately been involved in carrying out repression on its own population.

Liberation Graffitti on Wall in Ayda camp, Photos AN/NM
Liberation Graffitti on Wall in Ayda camp, Photos AN/NM

The complexity of the current phase of the movement arises from the fact that now, the new forces of Palestinian liberation are arrayed, not merely against Israeli occupation but also against this entity called PA and the Oslo Accords that put in place the political arrangements that mark the division of territories today. An arrangement that was supposed to be merely an interim one lasting but a few years, until the question of Palestinian statehood could be settled, has become a quasi-permanent one that is seen to threaten the longer-term goal itself.

Continue reading Imagining Post-Zionist Futures – Israeli Apartheid and Palestinian Resistance III

Gujarat vs. Himachal Pradesh: Rahul Verma

Guest post by RAHUL VERMA

Himachal Pradesh Chief Minister Prem Kumar Dhumal at an election rally in Mandi. PTI photo

Even though Hiamchal Pradesh voted on November 4, Gujarat has been hogging all the limelight. The election in Gujarat is only in the third week of December. Gujarat captures our political imagination as a ‘role model state’ whereas Hiamchal Pradesh is just in our tourism agenda as a top holiday destination. It is hard for anyone to notice Himachal as a political entity among the big brothers like Uttar Pradesh, West Bengal, Bihar, Andhra Pradesh, Tamil Nadu, and Maharashtra. The irony is that some smaller states like Manipur and Nagaland still manage to get  some attention because of violent manifestations of political choices in these states. Himachal Pradesh is absent from our discourses as the state is just ‘small’ and ‘beautiful’. However, the great turn around in Himachal over last two decades demands that India at least recognizes the “Himachal Pradesh model of development”. Continue reading Gujarat vs. Himachal Pradesh: Rahul Verma

Why is Naipaul Being Honoured?: Girish Karnad

This is the text of GIRISH KARNAD‘s speech at the Mumbai Literature Festival, as compiled by Outlookindia.com from various sources.

On Friday afternoon at the Tata Literature Live! festival in Mumbai, playwright Girish Karnad surprised audiences with an unexpected and spirited critique of Nobel laureate Vidia Naipaul. Naipaul was awarded the Landmark and Literature Alive’s Lifetime Achievement Award on October 31. Karnad was originally supposed to talk about “his life in theatre” in his session, but instead launched into a scathing critique of Naipaul and the conferral of the award to him

This is what he said at the festival:

At the Mumbai Literature Festival this year, Landmark and Literature Alive have jointly given the  Lifetime’s Achievement Award to Sir Vidia Naipaul.

The award ceremony held on the 31st of October at the National Centre of the Performing Arts coyly failed to mention that Naipaul was not an Indian and has never claimed to be one. But at no point was the question raised. Continue reading Why is Naipaul Being Honoured?: Girish Karnad

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!

दिल्ली बनाम बम्बई

भारत के दो महानगरों राष्ट्रिय राजधानी दिल्ली और बम्बई को यूनेस्को द्वारा विश्व धरोहर की सूची में नामांकित करने की तैयारियां चल रही हैं, कुछ मित्रों ने दिल्ली या बम्बई की बहस शुरू कर दी है जो वास्तव में पूर्णत: अनर्गल बात है.

में दिल्ली बनाम बम्बई के पचड़े में पड़ने के बजाये ये सवाल पूछना चाहता हूँ के ऐसा क्यों है के 65,436,552 की कुल आबादी और 6,74,800 वर्ग किलोमीटर के कुल क्षेत्रफल वाले फ्रांस में 35 स्थान, नगर, इमारतें प्राकृतिक स्थल आदि ऐसे हैं जो विश्व धरोहर की सूची में शामिल किये गए हैं मगर इस सूची में भारत का नाम केवल 29 बार ही आता है.

जो सवाल पूछना ज़रूरी है वो यह के सिर्फ दिल्ली या/और बम्बई ही क्यों? जोधपुर, जयपुर, अजमेर, इंदौर, उज्जैन, भोपाल, बनारस, इलाहबाद, लखनऊ, पटना, वैशाली, हैदराबाद, विदिशा कालिंजर, मदुरै, कांचीपुरम कलकत्ता और मद्रास क्यों नहीं ?, आप ने नोट किया होगा के बम्बई कलकत्ता और मद्रास के नए नाम में इस्तेमाल नहीं कर रहा हूँ और दिल्ली को भी देहली नहीं लिखा है. यह जान बूझ कर किया जा रहा है दरअसल विरासत कहीं अतीत में जड़ हो गयी कोई चीज़ नहीं है और इसलिए नाम बदलने की समस्त परियोजनाएं विरासत से छेड़ छाड करने की निन्दनीय प्रवर्ति का ही हिस्सा हैं. Continue reading दिल्ली बनाम बम्बई

Bootlegging Education – Four Strategies for Fighting Back

Yes, this is what we must do now on a large scale – bootleg education.

Thanks to the conjunction of new heights of intellectual bankruptcy with new regimes of intellectual property, a large scale attack on equitable access to education is upon us. A longer discussion on  ‘Intellectual property’ is required, but the immediate provocation for this post is of course the Delhi University photocopying case. Elsewhere on Kafila, there is a post that links to a petition by authors and academics on this issue. The case, very simply is this: three big corporate publishers, namely Oxford University Press, Cambridge University Press and Taylor and Francis have filed a petition in the Delhi High Court, claiming infringement of copyright with regard to course packs used by students. The offender against these giant publishers is a small photocopy shop in Delhi School of Economics. As many legal experts on intellectual property and the Indian copyright law have stated, this kind of photocopying is well within the framework of the law (See some of the discussion here and here).

At the moment, however, I am not concerned with the pure legality of the issue. The question of ‘course packs’ concerns the vital interests of our society as a whole. For there was a time when teaching at the college and university level was  conducted largely through substandard kunjis, or guidebooks – honourable exceptions apart, of course.  Even today we have at least one of the corporate giants (that happens to be among those suing the little Rameshwari photocopier), producing slightly upmarket versions of such guidebooks. University professors willing to write a substandard book a month that fits into some course or the other, are also published by  publishers like these now, euphemistically called ‘textbooks’. In an earlier time, such books of barely passable scholarship (largely plagiarized cut-and-paste jobs) would be published only by dubious publishers.

Continue reading Bootlegging Education – Four Strategies for Fighting Back

The (Ir)resistible Rise of Arvind Kejriwal – Enter The ‘Outsider’

The tide is clearly turning. You know this when former critics and lampooners start talking of him as a ‘game changer’; you know this when weather-cocks turn away from the corridors of power where once they had been ensconced. You know this when rats start deserting the sinking ship.

Suddenly, everybody is talking favourably about the man from the ‘outside’ who is refusing to respect any of the established protocols of protest and politics. More startling perhaps, is the fact that in the past two days we have had senior journalists and political analysts suddenly telling us that they had known all along that there was a ‘post 1980 contract’, a secret code of silence, that never would the dynasty be attacked – indeed never would any apsiring dynasty be attacked. Everybody knew, says Dipankar Gupta in the Times of India, that the issue came up one and a half years ago – and we all do know that. Robert Vadra’s doings had already  been known. A senior BJP leader is even reported to have told a senior journalist that his party had indeed been in possession of the very same documents that Arvind Kejriwal brandished at his press conference. But, this leader went to say, “after an intense discussion, the leadership decided not to rake up the issue in Parliament even after submitting a motion in each House asking for a discussion.” Everybody knew – the parties, their leaders, the media persons, political analysts. And yet, nobody spoke out. All of them colluded, in other words, in suppressing the issue. Politicians kept silent for an understandable reason – aspiring dynasties that they are, after all. But the others? Mediapersons? Any guesses?

As someone who has been trying to understand Indian politics over the decades, I have often wondered at what I have referred to as the ‘implosion of the political’ – that is to say, the destruction of politics in the formal political domain. What is called a noora kushti in Hindustani, had come to mark our parliamentary-political grammar. Farcical walk-outs after equally farcical fire-spouting rhetorical speeches in parliament, and a happy bonhomie away from the glare of the media – that was what our politics had been reduced to.

Continue reading The (Ir)resistible Rise of Arvind Kejriwal – Enter The ‘Outsider’

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

A statement against the arrest of Punjabi publishers and editors for publishing the poetry of Babu Rajab Ali

Names of signatories given at the end; for more details on the campaign, see Whitewashing History

The arrest of two Punjabi publishers and two editors for reprinting old books of poet Babu Rajab Ali which allegedly contained some then used caste names, under the Prevention of Atrocities Against Scheduled Castes and Scheduled Tribes Act, is a totally thoughtless, callous and ruthless action taken by the Punjab government.

We understand that Mr. Amit Mittar of Tarak Bharti Prakashan and Mr. Ashok Garg of Sangam and editors Mr. Jagjeet Singh Sahoke from Moga and Mr. Swatantar from Samana, were arrested by the police on September 15 at the behest of the Punjab government. This is absolutely against academic freedom. Continue reading A statement against the arrest of Punjabi publishers and editors for publishing the poetry of Babu Rajab Ali

Academic Publishers – An Insider’s perspective: Anonymous Contributor

I am posting an email I received this morning by someone who works at a leading multinational academic publishing house and hence wants to remain anonymous which raises very important points relevant to the ongoing debate about copyright, photocopying and the practices within academic publishing. (Thanks to anonymous contributor for this)

Also for more detailed discussions please see the following posts at spicyip by Amlan Mohanty (1, 2,) Shamnad Basheer (1, 2) and Prashant Reddy 1

Hello Lawrence,

In his Op-Ed in today’s Hindu, Sudhanva Deshpande referred to your work, and soon, I stumbled upon your articles at Kafila and the general discussion on the blogosphere. As someone who worked for a few years in a leading multinational academic publishing company, I thought I might — if this doesn’t sound too pretentious — offer some more ammunition to you. What I have to say may not be immediately relevant to the DU case, but I hope you’ll have the time to read. Continue reading Academic Publishers – An Insider’s perspective: Anonymous Contributor

Shadow Libraries

This is an article that I have written for e-flux which speaks to some of the debates that have taken place in Kafila on the photocopying case at DU. Most of the debates have been framed thus far by  legal questions and  questions of cost and access. While  ideas of cost and access are  useful for pragmatic arguments they fail to capture the delirious thrill  which marks most of our encounters with books (whether purchased, photocopied or  downloaded). In one of the comments to my earlier post Jeebesh Bagchi suggested that we should invoke the idea of shadow libraries and also the fact that our arguments should not be scared of dancing so here goes.

The original article can be found here

Shadow Libraries

Over the last few monsoons I lived with the dread that the rain would eventually find its ways through my leaky terrace roof and destroy my books. Last August my fears came true when I woke up in the middle of the night to see my room flooded and water leaking from the roof and through the walls. Much of the night was spent rescuing the books and shifting them to a dry room. While timing and speed were essential to the task at hand they were also the key hazards navigating a slippery floor with books perched till one’s neck. At the end of the rescue mission, I sat alone, exhausted amongst a mountain of books assessing the damage that had been done, but also having found books I had forgotten or had not seen in years; books which I had thought had been permanently borrowed by others or misplaced found their way back as I set many aside in a kind of ritual of renewed commitment. Continue reading Shadow Libraries

Naroda Patiya judgement rekindles the death penalty debate in India

The Naroda Patiya massacre in Ahemdabad on 28 February 2002 killed 97 Muslims. It is the massacre infamous for the gory stories of a pregnant woman disemboweled and raped, a 20 day child killed, and so on. If this massacre is not fit to be considered “rarest of the rare,” what is?

It is ironical that the court found the kingpin of the massacre to be a woman, Dr Maya Kodnani, a practicing gynaecologist, a former Minister of State for Women and Child Welfare in the Narendra Modi government! The court came down particularly hard on her, commenting that as a legislator, a representative of the people she had done the opposite of what she was expected to: she helped kill people rather than save them. “She led the mob and incited them to violence. She abetted and supported the violent mob,” the court observed.

However, special court judge Jyotsna Yagnik chose not to sentence the accused to death when he announced the sentencing on 1 September. Her court found 32 people guilty, of whom one is absconding. 7 will spend 31 years in jail, 22 will spend 24 years, Maya Kodnani 28 years and former Gujarat state Bajrang Dal president Babu Bajrangi is to live the rest of his life in jail. Continue reading Naroda Patiya judgement rekindles the death penalty debate in India

Saving our heritage

The National Commission for Minorities (NCM) received a letter from the Jamiat-ul Ulama-e-Hind. The letter wanted 31 protected mosques to be opened for prayers. “Although the commission was not very keen that heritage monuments should be opened for prayers, it decided to suggest a joint survey for ascertaining the condition of these mosques.” Officials from the NCM, the Archaeological Survey of India (ASI) and the Wakf Board will carry out the joint inspection according to the suggestion made by the commission in its letter sent to the Ministry of Culture towards the end of July.

This reference made by the NCM needs to be looked at a little carefully, because the issue is not likely to remain restricted to these 31 mosques nor will it remain confined to Delhi. The reference impinges on questions of law and will eventually inform our attitude to the wider question of heritage protection. Continue reading Saving our heritage

Are We Not Alive: Women’s Voices from Kudankulam

Guest post by ANITHA. S

As I sit here in my home village of Idinthikara watching the hot sun light up the waves rolling onto the shores, I think of the news that has hit the world today about the Koodankulam Nuclear Power Plant. All of you must have seen the news that Madras High Court has given the go-ahead for the KKNPP.

When we carried the dead body of democracy and burnt it in the outskirts of our village on Aug15th, 2012, little did we realize that so soon we would witness the real death of democracy. As this last nail is being tightened on our lives, we realize how insignificant has been our voice. But this has only strengthened our vow to be together. Continue reading Are We Not Alive: Women’s Voices from Kudankulam

Coke Studio Pakistan – At a crossroads: Nandini Krishnan

Guest post by NANDINI KRISHNAN

Rohail Hyatt, producer of Coke Studio Pakistan

Khabaram raseedah…imshab
Khabaram raseedah imshab kih nigaar khaahi aamad

The words are beautiful; the voices that sing them mellifluous. And yet, I find that instead of being overwhelmed as I usually am by the qawwali of Fareed Ayaz and Abu Muhammad, enraptured by the transcendental waves of their music, parts of my consciousness are held down, niggled. Perhaps it’s the constant drumming and strumming, perhaps it’s the psychedelic sound waves zipping across giant screens, perhaps it’s the acoustics that throw back bits of the singers’ strains at them. But the Coke Studio version of Khabaram Raseedah doesn’t affect me the way even scratchy recordings of live, open-air concerts do. Continue reading Coke Studio Pakistan – At a crossroads: Nandini Krishnan

Copyrights versus The Right to Copy – A Normative Perspective: Rajshree Chandra

Guest post by RAJSHREE CHANDRA

For those not familiar with the recent spate of events at Delhi University; and for those who may have missed Lawrence Liang’s post, here’s a bird’s eye view: Impatient with an old gargantuan University’s obsolete ways, the authorities have attempted a make-over. As in all make overs, the old structure is retained but glossed over with cosmetic changes so as to appear ‘new’. So we have new hip courses, new syllabi content for old courses, new reading lists, new reading packages, new exam system, semesters and so on. Making all transitions possible of course, is a team of make-over artists. At one end of the set up are photocopiers like Rameshwari Photocopy Service located within the renowned Delhi School of Economics and Sociology; and at the other end, we the teachers. Reading material – by way of recommended articles, papers, chapters – was provided to the photocopiers by University faculty, who then made copies of them, segregated them year wise and instruction wise. The first page specified the semester for which the reading material was relevant, the ‘max marks’, the course objective and the syllabus all clearly outlined. Only after they were thus meticulously detailed were they spiral bound with the customary blue plastic cover and voila! Teachers and students alike had accessible reading and teaching material for all the new jazzed-up-courses. Emails circulated by departments instructed the college departments to use and recommend these dossiers; phone numbers of relevant photocopiers were given; and before long an entire chain of dissemination of this ‘new knowledge’ was established. It was all ‘official’. But more importantly, it was affordable, effective and terribly efficient. There was just one problem – it was in violation of the copyright law! The Rameshwari photocopiers were the new pirates!

Continue reading Copyrights versus The Right to Copy – A Normative Perspective: Rajshree Chandra

Why is the Indian media building a case for internet censorship rather than against it?

Hundreds of webpages now stand blocked in India, the government has openly been appealing to internet companies to pre- or post-screen content and remove what the government wants it to remove. One Google Transparency Report after another has been revealing how the number one target of the government is criticism of politicians and government. Just imagine what would the Indian media’s response to such censorship have been like had it been hundreds of books or articles we were talking about? Instead of asking Facebook to ‘pre-screen’ our posts, had Kapil Sibal been asking for someone to pre-screen articles in the newspapers, would it not be like the Emergency?

Okay, point taken. Let us not trivialise the Emergency, which entailed jailing of dissidents and forced sterilisation and so on. But still, there’s so much internet censorship in India now that it is surprising that instead of outrage you find the Indian media actually building the case for censorship. What about hate speech, they ask. What about the trolls, Why is there so much abuse on the internet? Continue reading Why is the Indian media building a case for internet censorship rather than against it?