Sex and the courtroom

A politician is exposed using State surveillance to allegedly woo his love interest. An editor tells a reporter his daughter’s age that the easiest way for her to keep her job would be to have sex with him. A godman and his son are both arrested for sexual assault and rape. A riot in Muzaffarnagar over false rumours of inter-religious ‘eve teasing’ left 48 dead and 15,000 homeless. The debate on rape, consent, gender relations sparked by December 16, 2012 continued throughout 2013. And by the end of it the Indian Supreme Court decided that the Indian Constitution’s letter and spirit were not being violated by criminalising consenting adults for having sex, in case the sex happened to be anything other than peno-vaginal.

India 2013 is like a pubescent 13 year old realising there’s something about the body that the mind needs to grapple with. There’s something about power, pleasure, social mores, class, law and so on, that comes together in the body and negotiates its way through bodily desire. There’s a sexual churning out there, and it’s not as titillating as the annual sex surveys news magazines do, nor is it as literary and profound as the language an incarcerated editor wields. Continue reading Sex and the courtroom

Magistrate Ganatra’s Dictionary and the Crime Scene of Language

Written in the wake of the dismissal of Zakia Jafri’s Petition by an Ahmedabad Metropolitan Magistrate’s Court

On 13th June, 1971, a courageous Pakistani journalist called Anthony Mascaranhas published an article in the Sunday Times, London, which was headlined ‘Genocide‘. The story of how this article got to be written and published is noteworthy in itself – and is an object lesson in how an ethical journalist takes and follows through a difficult decision. Forty two years later, Is it too late to wonder if a Gujarati magistrate could have taken an ethical leaf out of a Pakistani-Goan journalist’s lexicon?

Continue reading Magistrate Ganatra’s Dictionary and the Crime Scene of Language

Why AAP is the new Congress

There is nothing novel about new parties upsetting the two-party binary. We have seen that happen through the process of Mandalisation in many states. But all those new parties have come up in the name of one or more identities caste, community, region. The BJP is the Brahmin-Bania party of Hindu nationalism. The BSP is the party of the Dalits, the JD(U) of the Kurmis, the BJD of Odisha. Many of these parties don’t have ambitions to rival the Congress or the BJP on the national stage.

The Aam Aadmi Party (AAP) is an exception in that its central ideology is good governance. This helps it escape identity politics. At the same time, the AAP embraces identity politics like everyone else does: its symbol, the broom, was from day one targeted at the Valmikis. Be it Muslims or Dalits or Brahmins, the AAP quietly takes note of identity politics and gives lip service, even as the party as a whole does not identify itself with any one community. The only other party which handles identity politics this way is the Congress. Continue reading Why AAP is the new Congress

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

Hayaat-e-Azadi, The Life of Freedom: Suvaid Yaseen

Guest Post by SUVAID YASEEN

Ho Agar Khudnigar-o-Khudgar-o-Khudgeer Khudi
Ye Bhi Mumkin Hai Ke Tu Mout Se Bhi Mer Na Sake

[If the ‘ego’ is selfpreserving, selfcreating and selfsustaining, 
Then it is possible that even death may not kill you.]
— Allama Iqbal,  Hayaat-e-Abadi, Zarb-e-Kaleem

Hayaat / Life
Hayaat / Life

The News

On the evening of 14th July 2013, I received a text message from a friend saying Hayaat had been hit by pellets in the eyes. Both his eyes were damaged. As I read the text, I became numb. I was at loss how to respond, trying to sink in what had just happened.

Continue reading Hayaat-e-Azadi, The Life of Freedom: Suvaid Yaseen

Naz and Notional Equality: Aman


 A guest post by Aman finds fault with the Supreme Court’s reasoning on equality

In Suresh Kumar Koushal and another v. Naz Foundation and others (Naz), the Supreme Court notes that, ‘It is relevant to mention here that the Section 377 IPC does not criminalize a particular people or identity or orientation. It merely identifies certain acts which if committed would constitute an offence. Such a prohibition regulates sexual conduct regardless of gender identity and orientation.’ By concentrating on the acts and not people, it is perhaps tries to convince us (and perhaps itself) that this is not a debate about homosexuality. However, the short-sightedness of the Supreme Court in discounting how these ‘acts’ are so fundamentally connected to a group’s orientation/identity is clear; it does exactly what it says it’s not doing (i.e. criminalize a particular people or identity or orientation).

The text of section 377 is facially neutral and applies to all people but it is not very difficult to see that the provision impacts homosexuals. As mentioned earlier, the so called ‘unnatural acts’ are the only ways homosexuals can have sex. This obviously implies that it is the homosexuals who have to continue bearing the stigma of being a criminal. The symbolic effect of branding homosexuals as criminals was evinced by the Delhi High Court when it said that provisions like these add to the reasons for homosexuality being treated as bent, queer, repugnant, deviant and perverse, leading to further marginalisation of the homosexuals. What could have been an attempt by the Indian judiciary to bring down one of the obstructions for integration, has become an enforcement of a dominant notion of ‘natural’ sex which will naturally lead to concealment of true identity of many people who are anyway struggling in the society to prove that they are normal.

Continue reading Naz and Notional Equality: Aman

An Appeal for restraint to all by the family and friends of Khurshid Anwar

Guest post by The Campaign for Khurshid Anwar

We are friends, family and well-wishers of the late Dr. Khurshid Anwar.  We have come together to keep alive the memory of his signal contribution to peace, secularism and communal harmony in the subcontinent, including his pioneering work in training thousands of volunteers to uphold these ideals over a long career as a grassroots activist.

We are deeply shocked and concerned at the trial by media and social media, which he was irresponsibly subjected to in the last few months, on a matter which had never been subjected to any kind of formal scrutiny by any responsible authority.

We seek to catalyze discussions on these aspects, via blogs, social media as well as public events and in responsible sections of the mainstream press. We strongly affirm the freedom of expression of the press as well as of individuals, but insist that such freedoms place an onus upon all to act with responsibility.

In keeping with this spirit of responsibility, we strongly discourage and dissociate ourselves from any attempts to reveal the identity of, or otherwise target the lady who has leveled serious allegations against Dr Anwar. As his family, personal friends and comrades, we do find it impossible to believe such allegations against a fiercely committed feminist such as himself, but do not presume to judge the matter ourselves.

Anybody who is indulging in any irresponsible statements about the lady in question is only doing a disservice to the memory of Khurshid Anwar.

We request all those commenting on the matter to desist from any conjectures and speculation upon the matter, and let the investigation take its course.

Ali Javed
Meenakshi Sundriyal
Ritwik Agrawal

On behalf of:

The Campaign for Khurshid Anwar

campaignforkhurshidanwar@gmail.com

https://www.facebook.com/pages/Justice-For-Khurshid-Anwar-STOP-the-Media-Trials

Freezing History in a Pedagogy-proof Textbook: Kishore Darak

Guest Post by KISHORE DARAK

In the current academic year, the fourth grade history textbook in Maharashtra titled Shivchhatrapati depicting the valiant life of Chhatrapati Shivaji Maharaj (1630-1680) completed 43 long years of its existence, this being in itself a record. More than 3 million children in the 75000 plus schools affiliated to the Maharashtra State Board follow the textbook presently. It is probably the only example of textbook in the world which teaches the life of a single historical personality to 9 year old pupils.

The textbook shows remarkable similarity with a 1952 Marathi film, Chhatrapati Shivaji, directed by Bhalji Pendharkar who is known for his support of right wing ideology. The original version of 1970 and subsequent editions of the textbook follow an exact sequence of scenes and contain similar visuals as we see in the movie, as the first two images demonstrate.

Meeting between Afzhal Khan and Shivaji Maharaj 

In the 1952 film

Untitled 3In the text-book (Republished 2000)

Untitled 4

Continue reading Freezing History in a Pedagogy-proof Textbook: Kishore Darak

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

An Appeal to the media regarding the ongoing vilification of Khursheed Anwar and his organisation:Institute For Social Democracy

A statement by The institute for Social Democracy

पिछले सोलह दिसंबर से  मीडिया के छोटे  और ग़ैर ज़िम्मेदार हिस्से द्वारा प्रचारित प्रसारित की  गयी एक रिपोर्ट ने खुर्शीद अनवर (पूर्व निदेशक, ISD ) को  आत्म हत्या करने पर मजबूर कर दिया।

हम ISD कि ओर से मीडिया द्वारा फैलाए जा रहे इन भ्रामक और ग़लत तथ्यों का विरोध करते हैं. हम ज़ोर दे कर  कहना  चाहते हैं कि

  • यह कहना  कि ‘सम्बन्ध आपसी सहमति से बनाये गए थे’ बिना किन्ही तथ्यों के आधार पर प्रचारित किया जा रहा है. हमारा यह  मानना है कि खुर्शीद अनवर द्वारा  लिखे गए जिस कथित नोट का ज़िक्र किया जा रहा है वह है ही नहीं।
  • १२ सितम्बर को खुर्शीद अनवर ने कोई पार्टी नहीं दी थी, उनके घर पर  आने का प्रस्ताव स्वयं इला जोशी व मयंक सक्सेना के द्वारा दिया था जिसे खुर्शीद ने स्वीकार किया था. इन दो लोगों के अलावा बाकी  लोगों के आने के बारे मे उन्हें कोई पूर्व सूचना नहीं थी.
  • हम स्पष्ट करना चाहते हैं कि बूँद टीम का ISD से औपचारिक या अनौपचारिक किसी भी प्रकार का कोई सम्बन्ध नहीं रहा है. ISD ने बूँद को कभी किसी भी प्रकार की आर्थिक मदद नहीं  दी. Continue reading An Appeal to the media regarding the ongoing vilification of Khursheed Anwar and his organisation:Institute For Social Democracy

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 !

खुर्शीद अनवर की आत्महत्या और कुछ सवाल

आखिर खुर्शीद अनवर ने ज़िंदगी से बाहर छलांग लगा ली.यह असमय निधन नहीं था. यह कोई बहादुरी नहीं थी. और न बुजदिली. क्या यह एक फैसला था या फैसले का अभाव? अखबार इसे बलात्कार के आरोपी एक एन.जी.ओ. प्रमुख की आत्महत्या कह रहे हैं. क्या उन्होंने आत्महत्या इसलिए कर ली कि उनपर लगे आरोप सही थे और उनके पास कोई बचाव नहीं था? या इसलिए कि ये आरोप बिलकुल गलत थे और वे इनके निरंतर सार्वजनिक प्रचार से बेहद अपमानित महसूस कर रहे थे? Continue reading खुर्शीद अनवर की आत्महत्या और कुछ सवाल

Khobragade’s Arrest – Labour Law Violation Issue, Not Foreign Policy Issue: Gharelu Kaamgaar Sangathan and NTUI

Guest Post by GHARELU KAAMGAAR SANGATHAN, (GKS) Haryana & New Trade Union Initiative (NTUI)

We express strong outrage at the Indian government’s reaction to the case of visa fraud and exploitation of her domestic worker against Deputy Consul General Devyani Khobragade in the United States. In its dealing of the case, the Indian government is only seeking to protect the dignity and honour of Ms. Khobragade, and has shown a complete lack of respect for the underlying issue – that of the abuse and exploitation of a domestic worker by a senior official. Ms. Khobragade’s father, Mr. Uttam Khobragade, is a politician and has a played a harmful role in suppressing the facts of the case and in diverting attention from it.

Continue reading Khobragade’s Arrest – Labour Law Violation Issue, Not Foreign Policy Issue: Gharelu Kaamgaar Sangathan and NTUI

Section 377 and the Love with Odd Edges: Pallavi Paul

A Guest Post by PALLAVI PAUL

It is like watching an 80’s slasher film on an old VHS. The gruesomeness of mangled bodies, extra slimy trails of thick blood, intestines plastered against the screen. Parts of the image are eaten up by the glitch-ghosts that hang above them.  The erased bits , however, intensify the onset of the apocalypse instead of putting it away. It is impossible to tell whether something is happening, happened or will happen. Time is put through a particle accelerator, and what follows is a journey through a dilapidated scene of crime, with pure tone for background score.

Continue reading Section 377 and the Love with Odd Edges: Pallavi Paul

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

An Incomplete Reunion – Ruining the Post-Partition Party: Archit Guha

Guest post by ARCHIT GUHA

Reproduced without Permission from Life
Reproduced without Permission from Life

By this point, every Indian, Pakistani, and their grandfathers has watched the Google Partition ad, tears welled up in their eyes. For the uninitiated, Google’s recent advertisement tugs at heartstrings, telling the tale of two chaddi buddies, separated by Partition, and reunited by their grandchildren nearly seventy years later. When the ad went viral via Facebook, sitting thousands of miles away in America, I bawled as I watched the granddaughter listening to her grandfather’s nostalgic retelling of the idyllic life he led in Lahore, eating jhajhariya, with his buddy Yusuf, and his granddaughter’s instant Google fixes to reunite him with Yusuf in Delhi. Continue reading An Incomplete Reunion – Ruining the Post-Partition Party: Archit Guha

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

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