Category Archives: Debates

Bad ideas, Centre watch, Debates, Law, Violence/Conflict

Naroda Patiya judgement rekindles the death penalty debate in India

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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 →

Bad ideas, Debates, Identities, Law, Right watch

Saving our heritage

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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 →

Bad ideas, Centre watch, Debates, Ecology/Environment, Government, Law, Movements, Politics

Are We Not Alive: Women’s Voices from Kudankulam

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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 →

Debates, Everyday Life, Language, Media politics

Coke Studio Pakistan – At a crossroads: Nandini Krishnan

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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 →

Bad ideas, Capitalism, Debates, Law, Technology

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

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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 →

Bad ideas, Debates, Language, Media politics, Movements, Technology

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

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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? →

Countryside, Debates, Movements, Right watch, Violence/Conflict

Reading the Violence in Assam: Here and There: Musab Iqbal

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Guest post by MUSAB IQBAL
… the fact that violence was not merely transitional, a birthmark or a departure, but a much more general and continuous aspect of modern life – Gyanendra Pandey

1.

The misreading or out of place reading of any local and contextual issue and putting it in a wrong frame can be very catastrophic. The recent episode of violence in Assam and the fury it triggered across the country is a classic example of such misreading. But apart from the misreading this complete episode is certainly indicator of certain other phenomenon underlying our fragile society.

Moreover it looks that this is not only adding to verbal construction of abuse but also a very controlled confusion working at someone’s behest. The rally and violence in Mumbai, Ranchi, and Jamshedpur whose motivating factor was this violence happening in northeast and cross border against “Muslims”. The other episode, which adds to cynicism, is through popular newspapers in South India and in Assam publishing that Assamese will be subject to target and then under the cloud of rumor and suspicion these residents of the state is forced to run.

Continue reading Reading the Violence in Assam: Here and There: Musab Iqbal →

Bad ideas, Debates

Oxford and Cambridge University Publishers v. Students of India

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This is an op ed which was written for the Indian Express  and addresses some of the key issues in the ongoing copyright case filed against Rameshwari Photocopy services and the Delhi university. I am reposting  it here for now. It is a little truncated because of the word limit for newspapers but will post a longer version with comparisons from other countries.

Oxford and Cambridge University Publishers v. Students of India

 Accompanying a team conducting a raid against a photocopying shop outside AIIMS a few years ago a copyright lawyer had a moment of revelation akin to the apocryphal story of St Paul’s conversion  on the road to Damascus when Paul was asked by God “Why do you persecute me?”. In this case even as the photocopier was being arrested he defiantly turned to the lawyer and said “If I don’t sell these photocopies where do you think your doctors are going to come from? The lawyer in question is now a leading expert on copyright and public interest and one wonders whether a similar question posed to the lawyers representing Oxford and Cambridge University Press would evoke a similar change of heart especially if they considered their own route to becoming lawyers. The fact of the matter is that in most academic disciplines textbooks are extremely expensive and unaffordable for the average student and if one attempted to buy all the books which are prescribed for a course it would mean that only very few privileged students would afford an education in India. Continue reading Oxford and Cambridge University Publishers v. Students of India →

Bad ideas, Centre watch, Debates, Government, Right watch, Technology, Violence/Conflict

An Analysis of the Latest Round of Internet Censorship in India (Communalism and Rioting Edition): Pranesh Prakash

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Guest post by PRANESH PRAKASH

How many items have been blocked?

There are a total of 309 specific items (those being URLs, Twitter accounts, img tags, blog posts, blogs, and a handful of websites) that have been blocked. This number is meaningless at one level, given that it doesn’t differentiate between the blocking of an entire website (with dozens or hundreds of web pages) from the blocking of a single webpage. However, given that very few websites have been blocked at the domain-level, that number is still reasonably useful. Continue reading An Analysis of the Latest Round of Internet Censorship in India (Communalism and Rioting Edition): Pranesh Prakash →

Capitalism, Debates, Law

Drugs in 3(d) and What Matters in the Novartis Case at Supreme Court: Dwijen Rangnekar

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Guest post by DWIJEN RANGNEKAR

Background

Glivec (called Gliveec in the US) is a drug for chronic myelogenous leukaemia (CML) – a rare and debilitating form of cancer. A Novartis drug, it has been heralded as a sign of pioneering pharmaceutical research. And, no doubt, it is a ‘life-saving’ drug; though, it also has to be taken life-long. Most narratives of the research pathways of Glivec gloss over the 40+ years of publicly funded and conducted research that isolated the cause, a BCR-ABL oncogene, and performed the initial clinical research that identified a promising candidate (STI 571 – imatinib mesylate). Novartis, the Swiss-headquartered pharma transnational, proceeded to synthesise and test STI 571, which in 1993 was patented. Further research found that a beta crystalline form of imatinib mesylate was more stable – and this was also patented (in 1997) and approved in the US in 2001. In 1998, a patent application for this beta crystalline form was filed in India – and this is in dispute here.

Section 3(d) is a provision in India’s patent law – and is unique to India; though, as explained in the article, it reflects a wider authorship of global public concern. The section was introduced in the third amendment to Patent Act, 1970 (i.e. The Patents (Amendment) Act, 2005) when India was fulfilling its final commitments to patent-related obligations at TRIPS. Written in technologically neutral language, 3(d) seeks to deny the availability of patents where a ‘new form of a known substance … does not result in the enhancement of the known efficacy of that substance’. This, along with other provisions, would hopefully make it more difficult to patent trivial and incremental modifications to a drug; thus, extending patent terms and delaying entry of generic alternatives. Continue reading Drugs in 3(d) and What Matters in the Novartis Case at Supreme Court: Dwijen Rangnekar →

Debates, Government, Identities, Politics

MSS Pandian Responds to S K Thorat

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Following the submission of the report by the Committee to Review NCERT Textbooks, we had posted the full text of the Report in Kafila, along with Prof MSS Pandian’s Note of Dissent. The controversy has since continued over the report as well as Pandian’s Note of Dissent, many questioning the very term ‘note of dissent’ on the ground that he had not participated in the proceedings of the Committee. Recently Prof Sukhdeo Thorat, head of the Committee has further put this point of view in print in The Hindu which has been followed by a response by MSS Pandian.

Since we have had a long and lively debate on the matter of the ‘Ambedkar cartoon’ in Kafila and the controversy seems to be continuing now in a different form, we reproduce here the links to the articles by Sukhdeo Thorat and MSS Pandian. In his piece, Sukhdeo Thorat defends the Committee’s work and presents his opinion on Pandian’s non-participation. Pandian responds in his piece raising serious questions about the way the work of the Committee proceeded from its early stages by excluding members. We present the links to these two pieces here so that readers can form their own judgement on the Committee’s work.

Debates, Everyday Life, Genders, Right watch

A blow to reproductive rights in Pakistan: Ayesha Asghar

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Guest post by AYESHA ASGHAR

Early in July, Kashmala Tariq, Member of the National Assembly (MNA) of Pakistan, whom Wikipedia describes as “actively involved in women’s rights”, opposed the tabling of the Reproductive Health Bill 2012, saying that it was not in conformity with Islamic laws. The Bill was introduced by another MNA, Atiya Inayatullah, with the purpose of providing reproductive health services, including legal access to abortion,  to women in Pakistan.

Tariq accused the Bill of following the agenda of foreign NGO’s and stated that such proposals that might be in contravention of Islamic injunctions should be sent to the Council of Islamic Ideology and every party’s opinion should be sought. The Bill has been sent to the Cabinet Division for further deliberations.

Does this mean that our women representatives don’t know what reproductive rights include? The responsibility of women parliamentary representatives in Pakistan is more challenging than that of men, as women are more often made victims of oppression either in the name of culture or religion.

Continue reading A blow to reproductive rights in Pakistan: Ayesha Asghar →

Bad ideas, Centre watch, Debates, Left watch, Politics

Of Peace and Other Illusions

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This week I reviewed War and Peace in Jangal Mahal, edited by Biswajit Roy, for The Hindu. Kafila readers will be familiar with at least two of the essays in the compilation – by Nivedita Menon and Aditya Nigam and will remember our hectic debates on the subject.

The collected letters of correspondence between the Communist Party of India (Maoist) and the Indian state is an archive of corpses: policemen and guerrillas, commanders and comrades, police informers and Maoist sympathisers. The body count racked up by each serves as a signalling mechanism for the other.

Except for the police and Maoist commanders, the dead usually don’t get to choose sides; their identities are written in reverse, a teleological narration that details seemingly insignificant decisions that end in death.

In June this year, the CRPF, state police and CoBRA battalion killed 19 men, women and children in an anti-Maoist operation, claiming those killed were hardened Maoists. When newspapers reported that villagers said they were conducting a public meeting when they were surrounded by police and shot, the police pointed to six troopers injured in the encounter and asked why villagers were holding a meeting in the middle of the night.

The Maoists have an explanation for their violence as well. “The notion of just principle in a normal situation is different from that [in] a war-like situation,” wrote Maoist commander Kishenji in a letter to the Bengali daily, Dainik Statesman , in which he explained his party’s policy of killing police informers, “During war, freedom of thought, consciousness, initiative and innovation is much limited in scope.”

Read the rest of the review here

Debates, Genders, Sex

On bodies and gender, and what Pinki Pramanik teaches us

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The story of Pinki Pramanik and her partner can be pieced together like any other story of intimacy gone bad. After all, human beings invariably encounter pain and betrayal in intimate relationships, just as they encounter joy and desire. No relationship is free of power, whether produced by individual personalities or by social structures — patriarchy, the assumption of heterosexuality as natural, caste, class, race. Why then has Pinki’s story become about something else altogether? Because we assume that our bodies are “naturally” male or female.

But would anyone pass a gender test?

(Here’s the rest of this short piece published in Indian Express yesterday).

Last year I had posted The disappearing body and feminist thought on kafila, raising very much the same issues.

Culture, Debates, Identities, Language, Left watch, Theory

Satyashodhak: Brahminical Manoeuvre: Madhuri M. Dixit

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Guest post by MADHURI M. DIXIT

G. P. Deshpande’s play Satyshodhak is currently being performed in Maharashtra and Delhi and has received positive reviews in print and electronic media1 .It is praised for portraying Jotiba Phule’s life and work, its relevance for dalit emancipatory politics and also for the participation of the Pune Municipal Corporation’s workers as actors. There is a mood of celebration and a congratulatory back patting tone in the appraisal of a supposedly qualitatively different production. In addition to that, the writer has claimed that the production means a ‘successful and meaningful experiment of political education’ 2 of the workers/actors who are dalits. However, the flaunted success of the play and claims about its political import are belied by a performance that offers a very brahmanised Phule. It is very interesting to see that the author claims ‘a meaningful experiment’ of political education of the workers by offering them a pro-upper caste version of Phule. The very choice of producing a play about Phule in 2012 after a shelf life of twenty years 3, the writer’s articulated positions regarding it and the knowledge of Phule delivered through it, involve, I suggest, an upper caste cultural politics embodied in the brahman friendly figure of Phule.

Continue reading Satyashodhak: Brahminical Manoeuvre: Madhuri M. Dixit →

Debates, Government, Movements

Can University Teachers Bend the Sri Lankan State?

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The major strike launched by university teachers in Sri Lanka on July 4th is gaining momentum. Their struggles are proving to be the single most sustained and nationally organised movement in Sri Lanka’s post-war years. This strike follows previous trade union action taken last year where the Heads of Departments of state universities resigned from their positions for several months. With the Government unheeding of their demands, the Federation of University Teachers Associations (FUTA) has reinitiated a full blown strike that is national in character with state universities from all regions of the country participating. Continue reading Can University Teachers Bend the Sri Lankan State? →

Debates, Politics

Report of Committee to Review NCERT Textbooks and Note of Dissent by MSS Pandian

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Clarification: These documents did not reach us through any member of the Committee.

We have re-ordered the first document to place the Executive Summary at the beginning. Otherwise, no changes have been made. We have also linked to the sites from which you can download the actual text-books so that you can see what has been recommended for deletion/change.

MSS Pandian’s Note of Dissent follows the report of the Committee.

A Report of the Committee constituted for Reviewing the Textbooks of Social Sciences / Political sciences, for Classes IX-XII constituted by NCERT

EXECUTIVE SUMMARY     

 a)       The Committee’s terms of reference were to identify the educationally     inappropriate materials and provide alternative suggestions for the six        textbooks in Political Science.

b)       Since six textbooks covered different themes such as Political Theory,     Indian Constitutions, Indian Politics and World Politics, the    Committee requested the subject experts from Political Science, to      give their opinion using the NCERT guidelines for the textbooks    preparation.  The opinion expressed by the experts was used as   resource material to arrive at the final view by the Committee .The      Committee also made use of some literature, particularly on the use   of cartoons in teaching.

c)      The Committee used the guidelines developed by the NCERT to prepare the textbooks for the review of educational material        including the cartoons. Since the NCERT did not provide specific guidelines for the inclusion of cartoons (and used the general NCF           guidelines for selection and use of cartoon), the Committee made use of general guidelines and also suggestions of some eminent researchers who have worked on the use of cartoons in teaching, to review the inclusion of cartoons in six textbooks on Political Science.

d)       The Committee has made recommendations for each of the six textbooks          for changes in the current year. The Committee recommended (a)       removal of    some cartoons, (b) change in the “Note “below the        cartoons Unni and Munni to bring  clarity and improvement in the message and (c) removal        of       some cartoons on Unni and Munni.

e)      The Committee has also made suggestions for modification in material    which can be considered at the time of the general review of the       textbooks in future. Continue reading Report of Committee to Review NCERT Textbooks and Note of Dissent by MSS Pandian →

Capitalism, Debates, Excavation, Metropolis

Olympics, Art and the Orbit of Capital : Anirban Gupta Nigam

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Guest post by ANIRBAN GUPTA NIGAM

The facts:

In 1992,  Prijedor – a mine in a place called Omarska in Bosnia – was transformed into a concentration camp by Bosnian Serb forces. The number of Bosnian and Croat people held in the camp varies between at least 3,334 and 5000-7000. Many of them – around 700-800 by some accounts, many thousands by others – were murdered.

A little over a decade later, in 2004, the world’s largest steel producing company, ArcelorMittal took control of 51% of the Ljubija mining complex, of which the mine of Omarska is a part. In the former concentration camp where thousands had been detained and many brutally killed, mining activity has now resumed. A year later – 2005 – ArcelorMittal promised it would financially back and oversee the construction of a memorial for the victims at Omarska. They never did. Not only that, according to some reports ArcelorMittal recently enclosed the space around the mine, denying people entrance and effectively privatising a place of great trauma and violence for exclusive reasons of commerce.

Meanwhile the company, through the artistic prowess of Anish Kapoor, spearheaded the construction of a massive public art monument meant to become one of the symbols of the forthcoming London Olympics. The Olympic Tower – also known as the ArcelorMittal Orbit – has, from its very beginning, been subject to both massive criticism and support. The back and forth over its status as genuinely “great art” or “fascistic gigantism” and a “waste of public money,” has centred on how people respond to the physical structure, as well as on the merits and demerits of having a large corporate house direct a public art initiative of this kind. On the 14th of April this year, Mladen Jelača, Director of ArcelorMittal in Prijedor, verified to Milica Tomic (from the Monument Group in Belgrade) and Eyal Weizman (professor in Goldsmiths, University of London) that iron from the same ore that was mined in Omarska had indeed been used in the construction of the ArcelorMittal Orbit.

Continue reading Olympics, Art and the Orbit of Capital : Anirban Gupta Nigam →

Culture, Debates, Excavation, Genders, Identities, Images, Movements

Satyashodhak – A Performance

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(A shorter version of this review appeared in Tehelka)

Writer: G P Deshpande

Director: Atul Pethe

Performed by Pune Safai Karmacharis Union

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It was apt that a landmark production of G P Deshpande’s 1992 play Satyashodhak on the life of the 19th century anti-caste crusader Jyotiba Phule was performed in a week that witnessed the killing of the head of the Ranbir Sena – a week in which we were reminded that the bitter legacy of caste haunts us as strongly as ever. It was unusual however, that the performance should be held at the recently-opened May Day café and bookstore in Delhi – a space dedicated to the different and more hopeful legacy of the international working class movement, and located close to the heart of a former industrial district in a city that practices careful amnesia about its working classes. It is entirely unusual further that the performers were both Dalit and members of the Pune Municipal Safai Karmacharis Union. While the ancient, poisoned streams of caste and class have often overlapped on the subcontinent, they have not, as we are aware, produced unified or even similar political responses.

Continue reading Satyashodhak – A Performance →

Bad ideas, Debates, Identities, Right watch

The Myth of the Muslim Vote Bank

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The recently concluded assembly elections in U.P were marked once again by an intensified debate on ‘Vote Bank Politics’. The debate was not provoked by the emergence of any new trends in political mobilization but was the standard fare that is dished out by so called commentators, experts, political analysts and people who not only think that they have inside information about how entire communities think and react, they also claim that there are agencies capable of engineering conditions that programme these communities to go and vote for this or that party.

The essential argument behind this discourse hinges on two presuppositions, one that particular religion or caste based communities can be mobilised and made to move in one pre-determined direction and two that this becomes possible because such communities react and behave as one individual and therefore all that is required is to catch hold of a handful of community leaders and you can as good as have the entire community in your pocket. Continue reading The Myth of the Muslim Vote Bank →

Bad ideas, Debates, Everyday Life, Images, Movements, Politics

The (Auto)Rakshasa and the Citizen

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A petition from an organization called Change India invaded my Facebook wall today right before – rather ironically, it turns out— my morning auto ride. The petition is filed under a category on the site called “petitions for economic justice.” When you open it, the image pasted below opens. A sharp fanged, dark skinned “auto-rakshasa” demands one-and-a-half fare. The commuter is “harassed.” The petition that accompanies this image urges the ACP of police to create “an efficient system” so that complaints made to report auto-drivers who overcharge or refuse to ply can be tracked. How, it asks, can “concerned Bangalorean citizens” expect “justice” if their complaints are not tracked?  We all must, it urges, “join the fight.”

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Let me first say quite clearly that I do not mean to undermine the intentions and frustrations of those who launched this campaign and, yes, when the meter goes on without asking, it eases a morning commute significantly. The question is: if this does not happen at times (and indeed it doesn’t) then why is this so and what does one do about it? There is a lot to be said about the economics of the issue itself and I welcome others reading who know more to write about it more extensively. But this piece is not about that. It is about the campaign itself and how we articulate political questions in our cities. It is fundamentally about the easy, unremarked way in which a working urban resident and citizen – who is also, after all, a “fellow Bangalorean” and concerned with “economic justice”– can be termed and portrayed a “rakshasa” as if it were a banal utterance.

Continue reading The (Auto)Rakshasa and the Citizen →