Bad ideas, Everyday Life, Identities, Law, Right watch, Violence/Conflict

On the arrest of Nilim Dutta

05/02/2013 Shivam Vij 7 Comments

The Times of India reports that Nilim Dutta has been arrested by the police in Assam on charges of financial fraud and impersonation. The Indian Express reports:

“While there are now six cases registered against him in Guwahati, what we have gathered is that the Delhi Police had also registered a case against him last year,” Assam DGP J N Choudhury told The Indian Express. [Link]

Dutta announced his own arrest on Twitter some days ago, claiming the police had assaulted his family and him, and so on.

I first discovered Nilim Dutta on Twitter in July or August last year. Bodo groups in Kokrajhar and other BTAD area of Assam had killed Muslims and driven them out, many of whom still live in refugee camps there, too afraid to go home. Intellectual cover to this pogrom was being given not only by the mainstream media but also in social media by Hindutva fanatics, with the excuse that all Mulims in Assam are illegal Bangladeshi immigrants. Dutta had been tweeting against this claim, and published a rebuttal to one such claim by a Bodo IAS officer in the Indian Express.

I thus invited Dutta to write a long piece for Kafila, which was published here on 16 August. “The Myth of the Bangladeshi” became a very popular piece, initiating many discusssions and disagreements in Assam, Delhi and elsewhere. Hindutva fanatics who were unsettled by Dutta’s excellent piece in Kafila and similar pieces elsewhere, and his appearance in TV channels and so on. Now that Dutta is arrested on charges of financial fraud, these people are saying on Twitter and elsewhere that this nullifies Dutta’s claims about Muslims/’Bangladeshis’ in Assam. Continue reading On the arrest of Nilim Dutta →

Law, Sex, Violence/Conflict

The Criminal Law Ordinance 2013 on Sexual Assault – Cut, Paste and Shock! Pratiksha Baxi

05/02/2013 Nivedita Menon 10 Comments

Guest post by PRATIKSHA BAXI

Once the Criminal Law Ordinance 2013 was uploaded, circulated and read many times, an overwhelming desire to mark the ordinance to all one’s students as an example on how not to frame laws has grown. Yet, explain one must, why the current law on sexual assault is so bizarre, even if we do not bring in the so-called controversial elements and keep to the text of the ordinance.

The Criminal Law Ordinance 2013 begins with the definition of sexual assault as a gender-neutral offence. It does not make an exception to state that women do not rape men in everyday contexts under s. 375. Since such an exception is not added, and the ordinance specifies that ‘sexual intercourse or sexual acts by a man with his own wife, the wife not being under sixteen years of age, is not sexual assault’, we are faced with a confounding and deeply misogynist legal consequence. Wives, we are told cannot prosecute husbands for sexually assaulting them. But since sexual assault is gender neutral without any exceptions and the marital rape exemption is not extended to husbands, now husbands can accuse wives of sexual assault but wives can never prosecute husbands for sexual assault! Continue reading The Criminal Law Ordinance 2013 on Sexual Assault – Cut, Paste and Shock! Pratiksha Baxi →

Centre watch, Culture, Genders, Images, Law, Right watch

A rare victory for freedom of speech and expression in India

05/02/2013 Shivam Vij 13 Comments

In a country where freedom of speech and expression is under assault every day, where scholars and cartoonists increasingly have to regularly face the law to defend their statements and works of art, where the government gives in to anyone and everyone demanding censorship, where the government conduct stealth censorship of online speech, finally comes a rare piece of good news.

For once the police is not asking to shut down an exhibition citing ‘law and order’ issues to appease protestors, but instead giving protection to the exhibition.

The Times of India reports: Continue reading A rare victory for freedom of speech and expression in India →

Genders, Identities, Mirror Worlds, Right watch, Violence/Conflict

A petition demanding the ‘Grand Mufti’ of Kashmir to step down

05/02/2013 Shivam Vij

This petition has been put out by OMAR BASHIR

This is in context with your recent fatwa against the girl band Pragaash. This is less a fatwa and more a direct threat to silence young girls who have chosen for themselves a career path untrodden by women of Kashmir because of your misogynist approach. Your nefarious and illogical fatwas have caused more harm than they have done any good.

Mr Grand Mufti you have forgotten that Kashmir has a long tradition of Kashmiriyat and Kashmiriyat is an expression of solidarity and resilience regardless of religious differences. It embodies an ethos of harmony and a determination of survival of the people and their heritage. Women in music industry is nothing new in Kashmir, we have stalwarts like Raj Begum, Shameema Azad, Kailash Mehra and Mehmeet Syed singing for the past so many years. You must be aware that Raj Begum has been awarded the Padma Shri award in 2002. Continue reading A petition demanding the ‘Grand Mufti’ of Kashmir to step down →

Bad ideas, Identities, Law, Violence/Conflict

Ajmal Kasab, Tajinder Pal Singh Bagga, biryani and me

04/02/2013 Shivam Vij 12 Comments

biryani-kafila

A large number of people have been asking me on Twitter over the last few days why I had signed a petition asking for Ajmal Kasab to be granted mercy and spared capital punishment. Kasab was hanged 21 November, why have all these people woken up to that petition now? That’s thanks to a belated but concerted online campaign initiated by the Tajinder Pal Singh Bagga-led Bhagat Singh Kranti Sena (BKSS), a rag-tag vigilante organisation which goes around threatening and committing violence against people it has political disagreements with. Continue reading Ajmal Kasab, Tajinder Pal Singh Bagga, biryani and me →

Bad ideas

State and the cult of ‘Delusional Desire’: Ashfaq Saraf

03/02/2013 Sunalini Kumar 5 Comments

Guest post by ASHFAQ SARAF

In the summer of year 2010, Bangalore was peevishly hot. The month was April; its last days marking the end of a three month long training vocation Wipro technologies subjected us through. I had joined the Indian Corporate giant after having done my four years of bachelors at NIT Srinagar. We were a company of two Kashmiri friends—together in college and from there into this Job. Nothing was to remain of those months—like of all the days that come as routine and return the same—except for few friendships we sketched through— nothing more. Sometimes in a moment of recall I am reminded, however, of a couple of occasions when both of us were labeled rebellious for protesting against the strict dress code imposed on participants during the training period. It did not make much sense to me then—given the purpose the dress code was expected to serve—and it does not make sense to me now. It was a small act of rebellion: whose execution further revealed to me the nature and dexterity of shallow laws designed to mould populations into an abject form of controlled recipience. The act of rebellion—a promise to keep the notion of Justice viable—is the only instance one is inclined to think, in man’s life when he assumes the role of his own redemptory. Camus, the philosopher of absurdity, notably wrote that “Every act of rebellion expresses nostalgia for innocence and an appeal to the essence of being.” One has little recourse to not remember all the days when they have felt supremely undead.

Continue reading State and the cult of ‘Delusional Desire’: Ashfaq Saraf →

Debates, Genders, Sex, Violence/Conflict

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

03/02/2013 Nivedita Menon 22 Comments

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

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

Capitalism, Genders, Sex

Sexual Violence, Consumer Culture and Feminist Politics – Rethinking the Critique of Commodification : Sreenanti Banerjee

03/02/2013 Nivedita Menon 8 Comments

Guest Post by SREENANTI BANERJEE

I will begin with the by now well-known interview of author and social activist Arundhati Roy, conducted by Channel 4 (a British Media House), about the widespread protests after the horrific December 16th incident of the brutal gangrape of the 23 year old medical student in Delhi. Permit me to quote Roy at length as I do not wish to take bits and pieces from her talk, and pluck them out of their context.

We are having an unexceptional reaction to an event which isn’t exceptional […] But the problem is that why is this crime creating such a lot of outrage is because it plays into the idea of the criminal poor, the vegetable vendor, the gym instructor, the bus driver actually assaulting a middle-class girl. But when rape is used as a means of domination by upper castes, by the army or the police it’s not even punished. Continue reading Sexual Violence, Consumer Culture and Feminist Politics – Rethinking the Critique of Commodification : Sreenanti Banerjee →

Law, Movements, Sex, Violence/Conflict

The Official Emergency Continues – The Ordinance on Sexual Assault: Pratiksha Baxi

03/02/2013 Lawrence Liang 5 Comments

Guest post by PRATIKSHA BAXI

The reform of rape law, which was not a priority for more than two decades, seems more like a 20-20 match now. The spectacle of judicial reform has all the elements of cinematic imagination built into it—violence, voyeurism, repression, tears, scandal, redemption and betrayal. We are all consumers and participants of this judicial spectacle. We veer between manic hope and dark despair as we are left conjecturing how this theatre of judicial reform will enact equality and dignity for survivors of sexual assault. The latest twist in the tale is the introduction of an ordinance, following the Justice Verma Committee (JVC) report.

Continue reading The Official Emergency Continues – The Ordinance on Sexual Assault: Pratiksha Baxi →

Bad ideas, Genders, Government, Law, Movements, Politics, Sex

Why the Govt’s Ordnance is Fraud & Mockery of the Justice Verma Committe Recommendations: Bekhauf Azaadi Campaign

03/02/2013 Shuddhabrata Sengupta 15 Comments

Guest post by BEKHAUF AZAADI CAMPAIGN

The UPA Govt, in a Cabinet meeting held on 1 February, has introduced an ordinance that it claims will address the most urgent concerns on sexual violence. In fact, the Government has been completely reluctant to acknowledge and implement the Justice Verma Committee recommendations: the PM refused to accept it from Justuce Verma, the Ministry of Home Affairs removed it from their website, the Govt never adopted any transparent process of discussion to decide the way forward on implementing the recommendations, rather they said Justice Verma ‘exceeded his brief’. Now, they claim that their ordinance has ‘implemented’ the Justice Verma recommendations. Is this true?

The fact is that the Government’s ordinance is a mockery of the letter and spirit of the Justice Verma recommendations. Why? Let us take a closer look.

Continue reading Why the Govt’s Ordnance is Fraud & Mockery of the Justice Verma Committe Recommendations: Bekhauf Azaadi Campaign →

Bad ideas, Debates, Everyday Life, Genders, Government, Law, Sex

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

Image 03/02/2013 Shuddhabrata Sengupta 6 Comments

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

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

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

Bad ideas, Debates, Frontiers, Identities, Media politics, Violence/Conflict

Dear Pakistani friends, Put yourself in my shoes

02/02/2013 Shivam Vij 18 Comments

I did not want to write this post.

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

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

Images, Language, Sex, Violence/Conflict

Delhi Gang Rape – Understanding the Structure of Violence: Esha Shah

01/02/2013 Lawrence Liang 10 Comments

Guest post by ESHA SHAH

The social, political and legal debates that have followed the gruesome incident of gang rape in Delhi on 16 December – including the debates on the recently published report of Justice Verma Commission widely hailed for its revolutionary character – have not sufficiently engaged with the structure of violence perpetrated in the act of brutality. In forging the solidarity against the suffering, there is a popular tendency to externalise the act of barbarity causing this suffering as demonic and hence out of this world. For instance, one of the posters in the protests that followed the incident read “your suffering is my suffering” – in the same poster it was demanded that those who caused this suffering were narpishach and should be hanged. The pain of the victim is shared collective pain, but the brutality of the act is certainly not the shared collective responsibility. In the preliminary remarks below I want to argue that we need to revise the nature of power asserted in the act of brutality, and in doing so we need to not only convert the demonic caricatures as flesh and blood human beings produced by this world but also to embed their acts into deep-rooted structures of violence in our society.

Continue reading Delhi Gang Rape – Understanding the Structure of Violence: Esha Shah →

Culture, Debates, Politics

Is Prof Nandy a Holy Cow?: K Satyanarayana

01/02/2013 Aditya Nigam 39 Comments

We are posting below an interview of Dr K SATYANARAYANA on the issues arising out of the ‘Ashis Nandy case’. The interview was conducted by DALIT CAMERA and sent to us by RAVICHANDRAN

The interview raises some important issues that call for a reasoned public debate and we welcome this opportunity provided by this interview.

Debates, Identities, Media politics, Politics

Ashis Nandy, Media and the Work of Acceleration: Anirban Gupta Nigam

30/01/2013 Shivam Vij 15 Comments

Guest post by ANIRBAN GUPTA NIGAM

The hornet’s nest stirred by Ashis Nandy’s comments at the Jaipur Literature Festival might – hopefully – be dying down, but certain questions raised by the occurrences on the 26th probably require a little reflection on everyone’s part.

In the corporate and social media blitz, a lot of the details have been forgotten, excised and overlooked. Till yesterday it was not clear what his entire speech consisted of. The most quoted line from his talk at the festival is: “it is a fact that most of the corrupt come from the OBC, the Scheduled Castes and now increasingly the STs and as long as it is the case, the Indian republic will survive.” None of those attacking Nandy for being casteist or spewing hate-speech have in fact even attempted to explain the latter part of the quote: “as long as it is the case, the Indian republic will survive.” How is that a casteist statement? More importantly, media reproductions of his statement have excised a crucial disclaimer he himself gives at the beginning: “It will be an undignified, even vulgar statement, but it is a fact that most of the corrupt come from the OBC, the Scheduled Castes and now increasingly the STs and as long as it is the case, the Indian republic will survive.” Continue reading Ashis Nandy, Media and the Work of Acceleration: Anirban Gupta Nigam →

Debates, Empire/ Imperialism, Frontiers, Identities, Movements, Violence/Conflict

Our memories come in the way of our histories: Gowhar Fazili

30/01/2013 Shivam Vij 32 Comments

Guest post by GOWHAR FAZILI

Our Moon Has Blood Clots by Rahul Pandita; Pages: 258; Vintage Books, Random House, India; Price: Rs 499

Rahul Pandita’s book Our Moon Has Blood Clots must be looked at both as a personal account of suffering as well as a political project that implicitly and explicitly makes use of that suffering towards a particular end. The undertaking is a legitimate one on both counts. What the book manages to achieve on each, warrants a fair and dispassionate assessment.

His narration of events experienced by the Pandits is a welcome exposition of subjectivity around a range of traumatic events, humiliations, killings and betrayals undergone prior to and after the outbreak of mass political rebellion in Kashmir in 1989. The events thus narrated, especially the account of the personal experiences of trauma do make one strongly identify with the suffering of the families involved and agree with the wide swathes of subjective anger and hurt shared by the community. The chilling accounts of individual and mass killings and the circumstances that made them possible, call for collective self-reflection, remorse and atonement. This account also calls for serious reflection on the fragility of human associations and trust in exceptional circumstances that we normally take for granted.

The book as well as the promotional interviews around the book push the claim that not only certain militants but also many ordinary people, including those personally known to the victims, were responsible for the exodus through their acts of omission and commission. This claim is substantiated through a range of indictments based on personal encounters with individuals, shared nuggets of information, as well as the interpretation of the larger political symbolism and slogans which were seen as a deliberate attempt to intimidate Pandits, and Pandits alone. While it is difficult to deny that a number of individuals took advantage of those anarchic times to gratify personal hate and lust for loot, it makes for an overstatement to underplay the equally frequent narrative of mutual support between individuals that one gets to hear during conversations between the members of the two communities privately. Such underplay does violence to those aspects of shared memory. Continue reading Our memories come in the way of our histories: Gowhar Fazili →

Bad ideas, Debates, Politics

Of Complicity and Contamination in the Neoliberal Academy: Oishik Sircar

30/01/2013 Sunalini Kumar 23 Comments

Guest post by OISHIK SIRCAR

Many years back as a naïve leftist graduate student in Toronto I discovered the meanings of complicity and contamination through a most ordinary event. As someone who believed that no artistic work should ever have restricted access because of copyright, I bought an online software programme that could break copy protected DVDs. I would get film DVDs from the university library and use the software to copy them onto my hard drive. In the one year that I spent there, I copied over 1000 films. Over the years I have distributed many of these films to my students and friends, and have made extensive use of them in my teaching and workshops.

By the time I was nearing the end of my stay in Toronto, I wanted to figure out whether the software would work in India – so that I can continue my copyright breaking enterprise. I was delighted to find out that it would, as long as I paid to extend the software’s use for another year. And at the time of making this payment, to my utter surprise, I saw that this software was copyrighted. The fact that a copyright breaking software could itself have a copyright was bizarrely enlightening. The software was a tool to rip through the oppressive regimes of copyright, and in doing so it also sought recognition from that very language of privatizing innovation. It got me thinking whether we could ever espouse and practice a politics that is not a constant negotiation between complicity and contamination. Whether a search for a politics of purity is both foolish and counterproductive? My naïveté has been gradually undone through events that I have observed and experienced since then. While I can treat this as a process of acquiring wisdom, it is nevertheless a disturbing wisdom to possess. It has also left a feeling of yearning for utopia in this world of cruel contradictions.

After returning from Toronto, I shook off my naïveté with such force that I ended up with a job at a university funded by one of India’s largest steel companies whose operations have wreaked havoc in the lives of adivasi populations in several parts of India. Continue reading Of Complicity and Contamination in the Neoliberal Academy: Oishik Sircar →

Debates, Identities, Language, Theory

Corruption and Political Correctness: A Severe Case of Intellectual Laziness: Meera Ashar

30/01/2013 Lawrence Liang 12 Comments

Guest post by MEERA ASHAR

Ashis Nandy has been called, rather, accused of being, many things—sociologist, historian, political theorist, public intellectual, philosopher, psychoanalyst, leftist, centrist, right wing, Dalit, Christian, Brahmanical, casteist (he describes himself, more poetically, as an intellectual street fighter and reason buster)—but ‘politically correct’ has never been one of them.

This time, Nandy’s political incorrectness has cost him more than before. As in the past, he has been attacked by politicians and the popular media for presenting his analysis of social phenomena—for doing his job well. The response of the Indian intelligentsia to Nandy’s threatened arrest by the right wing government of Gujarat in 2008 was markedly different from the response now. The difference this time, of course, is that Nandy has not offended the right people. He is seen to have betrayed the marginalized. This time, he has been unfashionably politically incorrect. The similarity between the two episodes is the ‘freedom of speech’ brigade, which has dutifully stood by Nandy. But I shall turn to them later.

Continue reading Corruption and Political Correctness: A Severe Case of Intellectual Laziness: Meera Ashar →

Bad ideas, Culture, Debates, Language, Law, Media politics, Scams

Ashis Nandy’s Predicament and Ours

30/01/2013 Shuddhabrata Sengupta 57 Comments

For the past few days I have been preoccupied in one part of my mind in dealing with two reasons for anguish. The first reason has to do with the profound sense of disappointment and anger with which I heard Prof. Ashis Nandy, a man I consider to be a great teacher, friend and in possession of one of the finest minds of our time, commit himself in public to a flippant and vulgar position when speaking of the relationship between caste and corruption at the Jaipur Literary Festival.

I was saddened because Prof. Nandy’s statements do a great disservice to the suppleness and ethical integrity of his thinking, and represent one of those sadly paradoxical situations where an intellectual can become their own worst adversary. I am unambiguously critical of the Nandy who chooses to be pompously opinionated and misinformed at a forum like the Jaipur Literary Festival or while riding the hot-air currents of television especially because I remain a partisan of the Nandy who can be (when he chooses to be) one of the most thoughtful and insightful witnesses to our time in his writing. Continue reading Ashis Nandy’s Predicament and Ours →

Debates, Identities, Law

A Guide to Infantalising and Trivialising the Public sphere

30/01/2013 Lawrence Liang 8 Comments

It is no coincidence that Salman Rushdie who remains the poster child of the censorship debate in India begins his celebrated Midnight’s Children with the twin image of the birth of a child and that of a nation. The rest of the novel traces the intertwined stories of the child’s growth with the political history of independent India. But if one were to extend this allegory taking into account the kind of public sphere that seems to exist in India 65 years after independence there seems to be something amiss about this metaphor of birth and subsequent growth into maturity. A strange malaise pervades the public sphere in India today, where it seems almost as if we have turned the natural cycle of growth around and the children of midnight appears to suffer from the malady of the protagonist in David Fincher’s film “The Curious case of Benjamin Button” where a man is born a mature adult but ages backwards and slowly slides into infantile regression. If we were to consider the unreasonable response to Ashis Nandy’s talk at the Jaipur literary festival as one in a long continuum of such cases where individuals are hounded for hurting sentiments of communities, the Indian public sphere sadly appears as a weak and sickly child suffering from irony deficiency. Continue reading A Guide to Infantalising and Trivialising the Public sphere →

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