Guest Post by KAVITA KRISHNAN
A year ago, a massive movement erupted on the streets of Delhi and the country – against the brutal gangrape of a young woman on a bus, leading to her death. Looking back at that movement a year later, it is clear that the questions, concerns and above all the tensions and debates embedded in that movement are with us still – and are quite crucial to the political discourse around us.
Guest post by SANJAY KUMAR
A Congress rout and the AAP success are the most obvious results of recent polls. Both are spectacular, in their own ways. Even BJP’s landslide victory in Rajasthan and Madhya Pradesh pales in comparison, for these two open up new possibilities.
Why a party whose legacy of anti-colonial struggle had lost sheen generations ago, whose top leadership is in the grip of a seemingly disinterested and incompetent dynasty, that lacks any organised cadre, coherent ideology, social base, and whose average leader appears more of a wheeler-dealer, and scamster, should continue to get close to thirty percent of votes from Indians even in worst of times, is a genuine mystery. That the Indian social analyses, barring a few exceptions, have tried little to unravel this mystery, is not only an indication of their intellectual limitations, but also of their ideological biases. The enduring success of Congress indicates seamier side of liberal democracy in general, which bourgeois social sciences try more to paper over than explore.
From voters’ perspective elections under liberal democracy are an exercise in choice, but not in freedom. When people vote, they are not acting as citizens shaping their social world, but as little men and women facing pre-existing structures of social power. The magic of elections under liberal democracy is precisely this. They offer a choice, the choice is not fake, its collective outcome is uncertain, yet the choice is already pre-determined in ways that by and large reproduce pre-existing power structures. That is why, exercising franchise is not necessarily a marker of democratic exercise, and leaders of fascist persuasion are often the loudest votaries of compulsory voting. But that is not all. If elections were mere gears in a machine that simply revolved on and on, they would be quickly become a ritual, like those under state socialism in which the Party and leaders always got more than 95% approvals. Elections under liberal democracy in contrast provide flexible adjustment of state political functionaries to changing social conditions. They allow reflection of changes in public opinion, demography, gender politics, caste equations and balance of class forces, whose origins lie somewhere else, onto state politics. Punctuated adjustment with a time lag produces a sense of drama. Personae on stage appear as victors and losers, for voters there is enough stage space to allow their hope, vengeance or gratitude to play their part. For a time, and only for a time, the impersonal structure of state power becomes humanly palpable. Continue reading AAP’s Rise and Congress Rout – Some Obvious but Unconventional Questions: Sanjay Kumar
Guest Post by PRONOY RAI
It is 2004 all over again. India is shining. Such a difference a decade can make. BJP is on the verge of returning to power, Modi could be India’s next Prime Minister, and the many failures of the UPA could give a new lease of life to Hindutva, if it was dead at all. As India shines, the state (its judicial arm, in this case) has abandoned the queers, questioning their claim to the status of “minority”, rendering them vulnerable to brutality at the hands of the hetero-normative society and other arms of the state (police, for instance), in equal measures. Other minority groups, strangely, or perhaps not so strangely, fought against the claim to citizenship of a (sexual) minority group, decisively defeating them at the altar of justice.
Some of us queers, who stuck to every single word that was written in 2004 that went on to show how agrarian distress, farmer suicides, and saffronization of education didn’t quite add up to a shining India, were left puzzled by the reaction of the BJP to the Supreme Court verdict upholding section 377 in its original, pristine self. You’d think that the shrewd right-wing would take on the first opportunity to invoke a very obvious ancient Indian “culture of homosexuality” to make a progressive argument in favor of decriminalization. You’d assume that in a ravaging hunger to return to power, they would try to bring on board every single group that they can, maybe only later to abandon them, but at least carry them along through elections. Alas, no. For the BJP, India is still shining, and this shining confidence is perhaps sufficient to help them march into 7 Race Course Road, next year. Continue reading Section 377 and India Shining: Pronoy Rai
No Going Back
The Supreme Court’s decision in Suresh Kumar Kaushal v Naz Foundation has re-criminalized millions of LGBT persons, putting their lives at risk and subjecting them to the threat of violence, harassment and arrest. Despite this loss in court, we should not see this as a defeat. It is not a defeat because the mood of the country has changed, rising up in anger against prejudice masquerading as law. The public backlash against this decision has caught even LGBT activists by surprise. It is not a defeat because finally voices from the political establishment of this country have come out in support of LGBT rights. The top leadership of the Congress party, Cabinet Ministers, and spokespersons across the political spectrum have spoken out against the judgment. The BJP’s official stance supporting 377 appears out of step with reality, and there is a section of the party that does not support this view.
It is not a defeat because parents of LGBT persons have rallied around their children in this hour of crisis. It is not a defeat because friends, colleagues, students, teachers, and classmates have been shaken up by the injustice of this moment. The outrage and anger, the public show of solidarity and small gestures of support, has been overwhelming. The 377 judgment is not a defeat because commentators across the political spectrum have criticised the logic of the judgment. It is not a defeat because the legal community including the Advocate General of this country has questioned the rationale of this decision. Described as a judgment devoid of humanity and compassion, the Supreme Court’s decision has prompted many comparisons – A.D.M. Jabalpur, A.K. Gopalan, Mathura, Gian Kaur, Dred Scott, Plessy, and Bowers. It is not a defeat because this judgment has spawned a new generation of activism.
The Supreme Court’s decision has emboldened the human rights movement in this country, brought together diverse groups on a common platform. The Delhi High Court’s 2009 judgment affirmed the constitutional rights of millions of Indian citizens. The Supreme Court verdict has reversed this, but it can never erase that moment of freedom from our past. The mood of this country has changed. Public discourse has changed. People have changed. The law must change. There is no going back.
In cities across the world, people are mobilizing protests against the judgment. Join the Global Day of Rage on Sunday, 15th December.
Guest Post by JOHANNES MANJREKAR
The ruling by a two-member bench of the Supreme Court, striking down the judgement of the Delhi high Court which had held that Article 377 – a pre-Constitution, 19th century colonial-era law – violated the spirit and directive principles of the Indian Constitution, seems to break new ground in jurisprudence. In an era where governments worldwide have been engaged in systematically rolling back hard-won civil liberties and individual rights and violating constitutionally guaranteed freedoms and principles, one might be excused for believing that the most urgent duty of an independent judiciary endowed with a reasonable degree of conviction and courage, would be to curb the transgressions of governments against the principles laid down in their own constitutions. The recent ruling of the SC does little to encourage such a belief. Continue reading An anti-constitutional judgement: Johannes Manjrekar
MAYUR SURESH finds the Supreme Court guilty of contempt (of citizens)
Contempt: – The word ‘contempt’ comes from the Latin word “contemptus” and much like its modern counterpart, is the feeling that a person or a thing is worthless or deserving scorn.
Contempt is a feeling that is often felt by Lesbian, gay, bisexual and transgender people in India. It’s been meted out to LGBT people equally by the British who aimed to civilise us, and those today who seek to ‘preserve our culture’. An 1838 report on the Draft Penal Code called homosexual acts a “revolting subject” and said that the “frequency” of homosexuality in India “remained a stain on this land.” In 1934, the High Court of Sindh called a man who had consensual sex with another man “a despicable specimen of humanity”. Not to be left behind, those appellants who approached the Supreme Court reserved the choicest of contemptuous words for LGBT people in India: “disgusting”, “filthy”, “delinquents”.
It is with deep shock and disappointment that we received the regressive judgment of the Supreme Court dated 11-12-13, on the reading down of Section 377 of the IPC related to the rights of queer (lesbian bisexual gay and transgender…) people in this country, which reverted the decriminalisation of non-normative sexualities following the Delhi High Court judgement in 2009.
The Delhi High Court had based its expansive judgement on the eloquent discussion of constitutional morality by the framers of our Constitution, especially Dr. Ambedkar. Constitutional morality, they argued is the basis for equality of citizens since public morality which is largely the morality of the dominant forces in society can never guarantee democracy, and perhaps even more importantly equality and dignity to its citizens, especially its most marginal citizens. Additionally, The Delhi High Court judgement evoked the spirit of dignity, inclusiveness and non-discrimination, thereby emphasizing equality of all citizens that Nehru spoke of during the Constituent Assembly debates, so necessary for the deeply hierarchical social fabric that our country represents. Continue reading On the SC judgement on Sec 377: Statement from TISS teachers
A post on the cowardly judgment of the Supreme Court by DANISH SHEIKH. I term it a cowardly decision because if it had said that we are homophobic then it would at least have been admirable for its honesty if not for its belief. It instead chooses to mask its homophobia with crimes of unreason
Now you’re legal – Now you’re not!
With the ease of a particularly sadistic magic trick, a 98 page document has sent millions of LGBT individuals time-warping back into pre-2009 criminality. If there were any constitutional justifications for this act, they are not to be found lurking in the pages of this shockingly poorly reasoned decision. The Supreme Court has taken a chainsaw to one of the most beloved court decisions of our time, and surgically extracted everything that made it such an important verdict. Besides, of course, that little side business of equal-moral-citizenship granting. A broader walkthrough the shoddiness of the judgment can be found here, (http://kafila.org/2013/12/12/we-dissent-siddharth-narrain/) I’m presently looking at some of the more egregious of its violations. Continue reading Crimes of Unreason: Danish Sheikh
A preliminary walk through the unreason of the Supreme Court in the 377 judgment by SIDDHARTH NARRAIN
We hope to see many more pieces which exposes the judgment for what it is- an example of judicial non application of mind. I have also written a short piece looking at the judgment in the context of the Mandela moment
The Supreme Court’s decision in Suresh Kumar Kaushal & Another v. Naz Foundation & Others is an unprecedented ruling, deciding to turn the clock back to pre-July 2009, when LGBT persons were criminalized by section 377 of the Indian Penal Code. On close reading, the judgment is based on a narrow and blindfolded interpretation of the law, ignoring the momentous changes in society and notions of morality that India is witnessing. Further, the judgment, in many parts, relies on shaky precedent, does not explain the logic of its conclusions, and is surprisingly dismissive of substantial evidence that was placed before it. Continue reading We Dissent: Siddharth Narrain
Sometimes one needs to write pieces while breaking down into tears. That is the only way we can stay true to the fact that words are not enough to express our anguish and our disbelief but also our strength.
It isn’t surprising. In the land where the struggles of Soni Sori and Irom Sharmila not only continue but often go unnoticed, a regressive Supreme Court Judgment which sets the bar low for legality, constitutionality, justice and social morality isn’t out of the ordinary- all in a days work for some.
I spent the week articulating my loving critique of our movement. I thought we were past the idiosyncrasy of fighting an archaic law- one among the many scars of colonialism- being repeated with gusto by whom we can safely call the loony-right wing who claimed to represent all kinds of Gods and worse- many people. We all thought we could move on to fight the many fights that would give us the opportunity to fully shine bright in our creativity and vibrance. But here we are again- having to scream out loud the bare necessities of human existence to voices that have long forgotten the act of listening. Continue reading Justice will prevail
Shocking! Shameful!! Disgusting!!!
The Supreme Court has struck down the Delhi High Court decision decriminalizing gay sex in what might go down as the most retrograde judgement in India’s history. While the details of the Court’s reasoning are still not available, we can perhaps easily imagine what they might be. This is time of civil disobedience. Time for protest.
Assemble at Jantar Mantar at 4.30 pm, today 11 December to announce to the world that ‘We Are All Queer’. To announce that this is not a struggle of just the ‘gay-lesbian community’ but a struggle for our most fundamental rights and cherished values.
An Interview with activist-film-maker, K.P. SASI by Md. Eisa, Badre Alam Khan and Abhay Kumar.
K.P. Sasi is a well-known social activist and filmmaker. In his several decades of activism, he has been associated with a number of social movements ranging from anti-globalisation and anti-nuclear movement to anti-death penalty struggles and the movements led by environmentalists and marginalised social groups such as Dalits, Adivasis, and Muslims etc. He has expressed his activism through making more than two dozen documentaries and a few feature films. But his two music videos —America, America and Gaon Chhodab Nahin, watched by lakhs of people, continue to motivate social and political activists standing against injustice and inequality. The lean and thin Sasi, who spots thick grey beard, is again in controversies for his latest spell of activism. Early in this year he screened a 94-minute long documentary Fabricated based on the life of Muslim leader from Kerala Abdul Nasar Madani, accused in Coimbatore and Bangalore serial bomb blasts. Fabricated has been the fruit of Sasi’s two years of hard work during which he did an extensive research, met a number of people and travelled thousands of miles and received threats as well. Why did he take so much pain and risk his life? Fabricated, in Sasi’s words, is an attempt to bring a ray of hope to thousands of innocent people, mostly Muslims, Dalits, Adivasis, oppressed nationalities, workers and others languishing in jails for years and decades under draconian laws such as Unlawful Activities Prevention Act (UAPA). Fabricated is mostly woven around the story of Madani, making a strong case that the Muslim leader of Kerala is innocent and has been jailed for years simply because has been framed. He has a charisma, a great skill of oratory and above all a vision of the uplift of the marginalised sections. In the early week of November, Sasi was in Delhi where Fabricated was screened at many places. After watching the documentary at Jawaharlal Nehru University, Md. Eisa, Badre Alam Khan and Abhay Kumar had a detailed interview with K.P. Sasi during which he went on a great length about a host of issues from state terror, human rights, Hindu right, caste, and class to the Muslim politics. The excerpts of the interview are as follows: Continue reading The State Manufactures Terrorism: KP Sasi
Guest post by KAVITA KRISHNAN:
The footsteps of fascism can be heard – this time in the hallowed hallways of the national capital’s courts. A woman who filed an FIR against a man physically threatening her for her anti-Modi Facebook posts, found to her dismay that the Metropolitan Magistrate in the Tis Hazari courts let off the man accused of threatening her safety, while ordering an FIR against her instead! The media’s coverage of this outrageous incident has been, till now, biased and factually misleading.
Sheeba Aslam Fehmi, a journalist and a Ph.D. Fellow in JNU, received several threats by emails from one Pankaj Kumar Dwivedi, which warned her of ‘consequences’ and even demanded she meet the man so that he could ‘cleanse’ her of her ‘filth.’ Continue reading Delhi Magistrate orders FIR against woman for anti-Modi posts: Kavita Krishnan
Majma and Swaang are organizing JURRAT – A week long campaign on violence against women, from Dec 10-16.
About Jurrat
On 16th December 2013 one year would have passed since the shameful, horrific and brutal gang rape of a 23-year-old girl in Delhi. And yet this whole year, city after city and village after village has screamed ‘Rape’ ‘Gang Rape’ in the months after the much publicized and condemned Delhi-gang rape. Continue reading Jurrat – 10 to 16 December 2013, Delhi
Over a year ago, I had written on Kafila about the (Ir)resistible rise of Arvind Kejriwal, a phenomenon thoroughly misread from the beginning to this moment, by free radicals and Left devotees of Congress-style politics. Taking the risk of saying ‘I-told-you-so’, some lessons need to be underlined, learnt from the political developments of the last three years. That post said – referring back to the days of the Anna Hazare movement (itself dubbed reactionary, casteist, even RSS-sponsored and fascist, by pundits of all hues) –
But here was the political class and the intelligentsia from Left to Right taking the protestors to task – asking them to tame their dissent and channel it through ‘proper channels’. Contest elections and let us see how much support you have, they challenged. Anna Hazare stuck to his guns, refusing the bait. Kejriwal however, seems to have decided to call their bluff. And much before the last hunger strike failed, his political mobilization started moving away from the single point agenda of the Lokpal Bill. Apparently taking up the challenge and moving towards the constitution of a political party, Kejriwal has entered the field in a manner that might even begin to pose an electoral challenge to ruling as well as opposition parties. How much of a challenge it will be we cannot say. However, one thing is quite clear: It will probably introduce an element of serious uncertainty in the coming elections, whenever they are held. Old formulas will cease to work. Equations are bound to change with new imponderables entering the scene.
Guest Post by Ravi Sinha
It is unusual for school students to be worrying about the “collective”. But, then, yours seems to be an unusual school. When I was here the last time, you were pondering the “continuum”. I find it truly remarkable. To grapple with issues and concepts that are deeply philosophical and at the same time of immense practical value – and doing so at a young age – is an ingredient that goes into the making of great civilizations. In a world that seems to revel in everything that is crass and commercial, and in a country that appears like a continent of cacophony and shallowness, this is not expected of you. You and your teachers must be congratulated for swimming against the tide.
Collective is something that falls between a collection and the composite. There is ample space between these two categories, and where exactly does a collective fall in this space depends on what kind of collective we are talking about. But let us first talk a bit about the endpoints of this space. Continue reading When is a Collective ? An Address to High School Students : Ravi Sinha
To
Prof. M. Abdul Salam, Vice-Chancellor, University of Calicut
Members of the Syndicate, University of Calicut
The University of Calicut has recently announced the institution of a ‘Golden Mother Award,’ with the stated objective of highlighting “the contribution of mothers to societal development and nation building and to provide exemplary models to youngsters.” Mothers in the age group of 50+ and who are actively contributing to their domains of service will be considered for awards in eighteen categories such as Art, Literature, Teaching, Social work, Politics, Administration, Media, Sports, Agriculture, Entrepreneurship, Engineering, Medicine, Research, Law and judiciary, Police and Banking, Nominations from educational institutions, trade unions, LSGIs, NGOs and other organizations or from individuals themselves are to be submitted to the Director, Centre for Women’s Studies at the University.
Firstly, this attempt to glorify motherhood is blatantly patriarchal, anti-woman, anti-democratic and a move that pulls society back to the mores of a traditional morality. It implies that a woman’s place is at home and that her principal responsibility (and hers alone) is giving birth to children and rearing them. It pays little heed to contemporary feminist critiques of motherhood as not primarily a biological destiny, one that is made problematic by conditions of poverty, deprivation and societal violence. In ignoring new forms of motherhood and parentage such as adoption, single mothers, and so on, it also upholds elitist, casteist, and patriarchal conceptions of family and womanhood. Continue reading Petition to Withdraw the ‘Golden Mother’ Award by the University of Calicut
Guest Post by RAHUL ROY
Nivedita Menon ends her commentary on the unfolding Tehelka sexual assault case in Kafila by asserting – “the time has come. It is now”. It should be, but is it? Are we witnessing the end game of an old Indian patriarchal sport called sexual assault? The sport is akin to another old game called the royal hunt that was an important part of elite political culture of South Asia. The rules of the sport were then as now heavily loaded in favour of the royal huntsman – weapons, support teams, timing, everything required for the thrill of a kill were with powerful men out to conquer. The expeditions however were not just about the kill. The sport was also a means of asserting authority over tracts of the wild and those that lived there and were by some misfortune not aware of prevailing authority structures. The royal hunt was an event to showcase to subjects the might, prowess and authority of the elite rulers. It was the stamping of power over human as well as animal kingdom. The royal huntsman could not but win. He could not but kill.
Continue reading A hunt, the aftermath, angry Indian men and a tragedy: Rahul Roy
Unlike Justice (Retd.) Ashok Kumar Ganguly, Tarun Tejpal’s defenders cannot cry innocence given that Tejpal has confessed to his crime, albeit disputing the degree of it. He has even confessed having told his colleague that suffering the sexual assault was the “easiest way of keeping your job”. Even his two decades old comrade Shoma Choudhury is unable to defend him beyond saying that he has his versions. Nobody buys Tejpal’s ludicrous retractions.
This put Tejpal’s friends, fellow molesters and self-defeating secularists in a bind. Many of his friends have chosen silence, which is understandable. It is only human to recuse oneself from the difficult choice between principle and friendship. Though some like Arundhati Roy and Sankarshan Thakur have admirably chosen principle over personal association. But those who wanted to come out and actually defend Tejpal were at a loss for words. How do they defend a crime whose perpetrator has confessed to it? So they came up with a few sly defences which pretend to be nuances. Some like BG Verghese are writing as though they were ghostwriting Shoma Choudhury’s defence.
So let us lacerate these defences one by one.
‘Trial by media, lynch mob’
Continue reading PUCL Statement on Tehelka Sexual Assault Case
Guest post by KAVITA BHANOT
Thanks to the brave actions of a woman who had the courage to speak out against her very powerful boss, something huge has happened in the last week in India. The very sophisticated, cosmopolitan English-speaking cultural elite of India has been forced, for once, to look at itself, to face up to the sexism and misogyny that it has long harboured.
For many years this elite has been protesting, exposing, judging, mocking the patriarchy of the lower classes – of the policeman, the religious fundamentalist, the ‘unpolished’ politician, the working class urban migrant, the eve-teaser on the street. But rarely have the men, or the women of this class, looked, in public, at themselves – the men examining their attitude towards women and the women thinking about their own complicity, the ways in which they have allowed or turned a blind eye to the misogyny of the men of their own class.
Neither the incident, nor Shoma Chaudhury’s response to it, surprises me in the least. In the time that I spent in this world, it became quickly apparent to me that deeply entrenched in the suave, cosmopolitan world of English language media, literature, art – were problematic attitudes towards women that neither the men or the women seemed to question.
Continue reading The Misogyny of India’s Cultural Elite: Kavita Bhanot
KAFILA - COLLECTIVE EXPLORATIONS SINCE 2006 