South Asia Citizens Wire | September 1-2, 2008 | Dispatch No. 2560 -  
Year 10 running

[1] Sri Lanka: Importance of the 17th Amendment (Daily Mirror)
[2] Nepal: The Maobaadi prime minister: interview with Prachanda (Himal)
[3] Pakistan after Musharraf: A troubled state (M B Naqvi)
[4] India Administered Kashmir: Unarmed freedom fighters (Muzamil  
Jaleel)
    + Attacks on media freedom in J&K condemned - SAFMA wakes up
    + Mehbooba Mufti Interview : 'Everything has gone back many years'
[5] India - Orissa: Thanks to the Hindu Right - 50 000 homeless
    - Citizen's Delegation meets President - Memo submitted (Press  
note from John Dayal)
    - Rioting is rarely ‘spontaneous’ (Ranjona Banerji)
    - India: World Leaders Urged to Condemn Violence in Orissa
[6] Indo US Nuclear Deal Undone? - 'The Manmohan Agenda' in crisis  
(Praful Bidwai)
[7] Communalism Resources:
    (i) ’State Ka Order Hai’ - A Report of by Shabnam Hashmi
    (ii) Religious violence drives India’s descent into deeper  
obscurantism (Jawed Naqvi)
    (iii) Call for immediate ban on Bajrang Dal, VHP
    + Ban the Vishwa Hindu Parishad (VHP) | Facebook

______

[1]

Daily Mirror
September 1, 2008

IMPORTANCE OF THE 17TH AMENDMENT

The 17th Amendment to the Constitution of the Democratic Socialist  
Republic of Sri Lanka is increasingly assuming importance similar to  
what the 1st Amendment to the American Constitution acquired in  
global politics. The 1st Amendment to the US Constitution of 1791  
that stated, “Congress shall make no law abridging the freedom of the  
press” became globally recognised and acknowledged as the forerunner  
to all laws relating to the universally cherished right to freedom of  
expression.

The 17th Amendment to our country’s constitution, of course, has no  
prospect for acquiring importance globally. But its crucial  
importance for Sri Lankans is evident from the fervent appeals made  
by political parties, concerned organizations and wide sections of  
discerning citizens for its quick implementation. These agitations  
have gathered greater momentum with the consequences of its non- 
implementation beginning to be felt in most spheres of the country’s  
administration. The manner in which the recent elections to the two  
provincial councils were conducted demonstrated the inadequacy of  
power that the state institutions suffered from for performing their  
duties independently and impartially. The need for a powerful  
independent elections commission for conducting free and fair  
elections and a police commission for enforcing law and order became  
clearly evident.

The convincing case made for its immediate implementation, in this  
context, made by Justice Saleem Marsoof in his recent K.C.  
Kamalasabayson (P.C.) memorial oration entitled 'Sovereignty of the  
people and the rule of law,’ lends strong support for the popular  
agitation for good governance for the achievement of which the 17th  
Amendment was designed.

The 17th Amendment which, Justice Marsoof said, constituted a high  
water mark in the legislative history of the country, was one of the  
most important achievements of former Attorney General  
Kamalasabayson. Stressing its extreme importance for the preservation  
of the rule of law, he regretted that “the 17th Amendment to the  
constitution has become a dead letter due to the failure to appoint  
the members of the constitutional council, which has, for instance,  
compelled a fast aging commissioner of elections to continue in  
office ad infinitum and beyond even the compulsory age of  
retirement.” He added, "In the absence of a properly constituted  
Constitutional Council, elections are now held without the salutary  
oversight of the independent Elections Commission sought to be  
established by the said Amendment, and major appointments to the  
public service and the judiciary are made without complying with the  
mandatory provisions of the constitution."

It is in the situation, resulting from the absence of these  
independent bodies that public officers fail to adhere to principles  
of good governance. And it is this failure that paves the way for  
judicial decisions such as the one relating to the case of Vasudeva  
Nannayakara, Vs. K.N. Choksy (P.C.), former Minister of Finance and  
30 others in which all agreements entered into between the Board of  
Investment and Lanka Marine Services Limited for the sale of its  
shares as part of the process of privatisation were declared null and  
void, Justice Marsoof has pointed out.

The 17th Amendment provides, “No person shall be appointed by the  
President as the chairman or a member of any of the commissions  
specified in the schedule to this Article, except on a recommendation  
of the council.” This provision was incorporated as a remedy against  
the exercise of unrestrained presidential discretion in appointing  
persons to important positions in national institutions. However,  
after the expiry of the first term of three years from March 2002,  
the constitutional council ceased to function. After much delay over  
the nomination of the minority parties’ member to the council, a name  
was finally recommended.

Meanwhile, the recommendations of the parliamentary select committee  
for the required amendment to the legislation were also made  
available. Minister of Constitutional Affairs DEW Gunasekara who was  
the chairman of the PSC appointed in 2006 said some time ago that in  
the course of its 15 sittings the committee had identified flaws in  
15-20 areas of the legislation and made recommendations to remedy  
them. On that occasion he accused the UNP of non-cooperation in  
proceeding with the task making the 17th Amendment a reality.

The responsibility for making this legislation aimed at promoting the  
concept of good governance has to be shared by all political parties.  
It appears, however, that the government’s attitude to this question  
lacks sufficient enthusiasm. It is this lukewarm approach that lends  
credence to the suspicion that the government deliberately  
procrastinates because of its desire to prolong the ruling party’s  
advantageous position of making important appointments to various  
state institutions.

However, the government and other responsible parties will not be  
able to put this matter on the back burner any longer in view of the  
mounting agitation for the implementation of the 17th Amendment. It  
is hoped that the Supreme Court that will adjudicate on the matter  
shortly will deliver a decision that will promote the larger national  
interests.


______


[2]

Himal Southasian, September 2008

THE MAOBAADI PRIME MINISTER

On 15 August, more than four months after the Communist Party of  
Nepal (Maoist) emerged far ahead of the other parties in elections to  
the Constituent Assembly, the longtime Maoist leader Pushpa Kamal  
Dahal (aka ‘Prachanda’) was overwhelmingly voted in by his colleagues  
to become the first prime minister of the Federal Democratic Republic  
of Nepal. He will now have to oversee a government coalition made up  
of his own party, together with the Communist Party of Nepal (Unified  
Marxist-Leninist) and the Madhesi Janaadhikar Forum. The former  
ruling Nepali Congress, meanwhile, has stated that it would sit in  
the opposition. Shortly after his win, and before he formally  
attended office, Prime Minister Dahal sat down with the Kathmandu  
fortnightly newsmagazine Himal Khabarpatrika. The following is a  
translation of the conversation, printed here with permission.

How did you reach a consensus to form the government?

This was an effort to forge consensus amidst disagreement. We are  
moving ahead on the belief that, even with all of the divergences  
between ourselves we can achieve the kind of consensus that will take  
us ahead. We share an agenda of social and economic transformation  
with the UML, and are with the Forum on the matter of formation of a  
federal republic. The consensus between the three parties will guide  
the peace process to reach a logical solution, and will also ensure a  
two-thirds majority in the writing of the constitution itself.

Can this be called a natural coalition?
A coalition must be termed natural if it is likely to move in a  
progressive direction; but it is a forced coalition if it is  
regressive. Our coalition, between parties that share similar  
agendas, is natural and progressive. Whereas the previous alliance,  
between the Nepali Congress, UML and the Forum, was a dramatic coming  
together of contradictory forces.

How can those who call for ‘one Madhes, one state’ and those who  
oppose it work together?
We have an understanding on autonomous regions and federalism with  
the pro-Madhes parties. However, we have made it clear early on that  
‘one Madhes, one state’ is not a possibility. We can have lots of  
autonomous provinces in the Madhes or Tarai on the basis of language,  
culture and geography.

How can the new constitution be written with the Nepali Congress (NC)  
out of government?
The NC is trying to imply that it has been deliberately left out of  
the government, but this is untrue. We were fully engaged over a long  
period to go into the government with the NC. In fact, friends in the  
UML were even more active for this end. Finally, on the afternoon of  
14 August, at a meeting with the UML and the Forum, the NC made it  
clear that it was not keen to be part of a Maoist-led government. I  
was taken aback, and realised then that the Defense Ministry had  
never been the real issue [during negotiations over portfolios].

Has political polarisation begun?
The process of polarisation began when we moved from a consensus- 
based to a majority-based system [through an amendment of the interim  
constitution following the elections]. However, any polarisation that  
will affect these priorities should not be pursued at a time when our  
priorities are constitution-writing and establishing long-term peace.

How can there be agreement in constitution-writing, now that we have  
a government and an opposition?
We will try to maintain consensus. We have been telling the Congress  
that we need to conduct ourselves carefully, since the constitution  
has to be written on time. We will try this exercise, and perhaps in  
a couple of months or more after staying in opposition the Congress  
could be persuaded to join the government. My effort shall be to  
continue to try to bring everybody into government, and if the  
environment improves we can start thinking in a new manner.

What are the new government’s priorities?
The peace process indeed comes first. We have agreed on the  
integration of the militaries within three to six months. Then,  
second, we need to draft the constitution. Third, we have to provide  
relief to the people. The absence of a government for the past four  
months has led to a rise in impunity, and has threatened peace and  
security. The need of the hour is to address and manage these issues.

How will you fulfil the pledges made during the elections?
We presented an election manifesto with long-term plans for 10, 20,  
40 years. Since our focus in the next two years will be on writing  
the constitution, it is true that we will not be able to do much.  
However, we will initiate immediate relief for the people, and start  
work on long-term infrastructure projects. To give you an example of  
our plans, we can establish a team under the prime minister to  
efficiently bring in local and foreign investment. The people will  
take confidence if we are able to draft the constitution and also  
convince them that something positive is happening.

The Nepal Army seems anxious over the formation of a Maoist-led  
government. How will you address its concerns about the matter of  
integration?
We are committed to the goal of long-term peace, and the Nepal Army  
too does not want bloodshed among Nepalis. I see no reason why the  
army should be distressed by the turn of events that has us leading  
the government. In fact, I think they will be happy, as it will be  
easier to achieve lasting peace and strengthen the army under the new  
government. As the situation demands, we will manage and improve  
their security and structure. The accusations that we will come in  
and destroy everything are untrue. It will actually be easier to  
implement the Comprehensive Peace Agreement’s provisions on army  
integration and rehabilitation under a Maoist leadership than under  
one that does not understand the issue.

How will you go about the issue of integration?
The main basis of integration is the Comprehensive Peace Agreement.  
Then there is the interim constitution, which has firmed the ground.  
As per the constitution, the third basis will be the formation of a  
committee to look into the matter, comprising the political parties  
in the cabinet. We will have in-depth discussions on this issue, and  
will come up with the simplest and most effective model. I do not  
think the Nepal Army needs to worry, because the decision will be  
arrived at through consensus in a committee made up of all the  
political parties.

Will you continue to use Maoist combatants for your security?
At the moment, we are using a team comprising of the police and  
members of the PLA who have been verified by UNMIN [the United  
Nations Mission in Nepal]. In future, too, as per requirements, we  
may continue with a similar arrangement. But after the formation of  
the government, perhaps we will see a change in this. After army  
integration and rehabilitation, one can think of an adjustment so  
that they are under a single command and control.

Is there now a change in your Maoist ideology, that violence is an  
instrument to gain political power?
The political transformation here has been quite unique, and is  
worthy of study. It is rare to find a situation where those who were  
at war barely two years ago have been elected by the people to lead  
the government. We ourselves may not find this evolution very  
significant, but in my view before long the world will take great  
interest in what we have achieved. We are proud that our People’s War  
has created a political scenario like no other. But keep in mind that  
even yesterday’s armed conflict was not a matter of our choice;  
rather, it was a compulsion. Today there is a new political  
situation, and we are focused on taking society forward through  
peaceful means.

Will the Maoists now formally announce a rejection of violence?
This is a very difficult question. Those who demand this of us are  
the very people who engage in violence under the cover of so-called  
democracy. We cannot talk about violence in neutral terms, and only a  
fool would say he is forever against the use of violence. Likewise,  
it is foolish and unscientific to claim to be forever in favour of  
the use of violence. One is for or against violence depending on the  
situation. If a foreign army attacks Nepal, we would all be speaking  
in favour of violence. To try to make us say we will never use  
violence is an attempt to trap us. Violence was never our choice in  
the past, and neither is it today.

With you now in government, can we say that the Maoists have captured  
power or is that yet to happen?
Anyone who leads by political thought harbours hopes of capturing  
state power, and the only difference is in whose name and by what  
methods. As far as possible, every party tries to achieve this  
through peaceful means. No one wants to forcefully kill anybody. But  
if the situation demands it, one is forced to pick up weapons to move  
ahead. Nepal has a history of 10 years of People’s War, as well as 60  
years of armed and peaceful struggle. After 70 to 75 years of  
struggle, we have abolished the monarchy and established Nepal as a  
republic. We are now trying to establish Nepal as a federal republic.  
For this reason, we are hopeful that the Nepali people will not need  
to take up arms again to capture state power.

You were projected as the future president of Nepal, so how does it  
feel to be prime minister instead?
The party had put forward the idea of a president in order to address  
the issue of state restructuring. The intention was also to emphasise  
our commitment to transform Nepal into a republic. But given the kind  
of people’s verdict that came, we were not in a position to do  
whatever we wanted. Thereafter, the party thought it more appropriate  
to propose my candidacy for the post of prime minister. The party’s  
decision is more important than my personal feelings.

______


[3]


Deccan Herald
September 2, 2008

PAKISTAN AFTER MUSHARRAF: A TROUBLED STATE

by M B Naqvi
The coalition, cemented with a lot of secret assurances from  
international powers, has already broken.

The US and Britain have ensured that Musharraf has gone with the  
assurance that he will not be prosecuted, persecuted or harassed. A  
safe passage has indeed been promised to him by the PPP government.   
He says that he wants to live in Pakistan. But security risks are too  
great and he has been averse to taking such risks.

Who has inherited Pakistan? There is a government of Pakistan and its  
branches are located in
Islamabad, Lahore, Karachi, Quetta and Peshawar. Its writ runs mostly  
in Punjab, also in Sindh, but fitfully in Balochistan and doubtfully  
in NWFP, particularly the tribal areas.

The PPP government was being supported by four other parties,  
including Nawaz Sharif’s PML (N). But this party has parted company  
with the PPP. Even the united government had shown no capacity to  
stop the economic downslide. It tied itself up in knots. The judges’  
issue could not be resolved. All Supreme and High Courts are now  
packed with Musharraf loyalists. The PPP government has accepted the  
legality of all actions Musharraf took and has continued all his  
policies. The Prime Minister had declared before budget-making that  
“there would be no paradigm change.”

The rump government does not inspire confidence that it can survive  
or succeed.  The coalition which was cemented with a lot of secret  
assurances and guarantees from international powers has already  
broken down. It has eaten up most of the puny monetary reserves. But  
the government appears to have been reassured by the Americans that  
they would keep it afloat.  More aid is sure to come, if the  
government fulfills its part of the deal that the west had made with  
Benazir Bhutto and even Nawaz Sharif.

But Nawaz’s PML (N) and the PPP were unable to work together. The PPP  
government, in a technical sense, is under no threat; there are  
plenty of others who are prepared to offer their support in place of  
PML (N). But it has to worry about the state of affairs within the  
party. There is said to be a subterranean climate of opinion that  
disfavours Asif Ali Zardari as the top man, either as President or as  
party chief. The party is divided on many subjects. The civil society  
is particularly against it and in Sindh the cities are dominated by  
an unfriendly ethnic group, the MQM.  It has offered support with its  
29 total votes at the centre. There are the remnants of Musharraf- 
supporting King’s Party or PML (Q). It is likely to bargain hard with  
both the PPP and the PML (N). All in all the central government in  
Islamabad is not a pretty picture.

A change of opinion has occurred between the official Pakistanis –  
i.e. the Army, the civil bureaucracy and most of the parties – and  
the US. Pakistanis are convinced that the War on Terror cannot be  
conducted the way Musharraf was doing it; he had given so many  
concessions to the US.  The country is likely to slip out of anyone’s  
control and may dissolve into any number of civil wars.

In NWFP’s tribal areas the emergent issue is the rise of new tiny  
states displacing Pakistan progressively. Islamic terminology merely  
hides power politics. During the day when the soldiers are around,  
the government rules. After dark Taliban and various extremist groups  
rule. It is a cottage industry of warlords. The latter have only to  
manage to find a financier for raising a Lashkar (usually a narcotics  
dealer). They set up shop as Islamic caliphates and call themselves  
Taliban.  There are many competing Taliban groups in various  
‘agencies’ (districts).  Once they set themselves up, they extort  
money. They  dispense quick justice in accordance with what they  
believe to be Islamic Shariah, mixed with local traditions.

Most Taliban groups have to be identified with one of the Shariah  
schools. There are over a hundred sects in Pakistan, each claiming to  
be the only true Islam; all others are in grave error and are  
infidels. Apart from the anti-government insurgency by various  
Taliban, al-Qaeda and other extremists, there is a war going on  
between Lashkar Islam and Lashkar Ansar, representing Deobandi and  
Barelvi sub-sects.

All Taliban are Deobandi Muslims of ordinary kind, but their  
indoctrination makes them extraordinarily extremist. They are under  
compulsion to behead a Shia when they find one. In Kurram Agency a  
full-scale Shia-Sunni war has been going on for decades. All in all,  
NWFP s under nobody’s control and is caught in civil wars.  
Balochistan has a lot of Taliban and a Balochistan Liberation Army  
conducting a slow-intensity national liberation war against Pakistan  
Army.  The war is unlikely to disappear tomorrow.

This is a picture of Pakistan after Musharraf. Many call it a failed  
state. Many others call it failing state. Yet others rebel at the  
idea that this has failed; they say that we are living here and  
earning our livings somehow. How can this be failure? That’s where  
the debate is.


______


[3] INDIA - ORISSA COMMUNAL MAYHEM:


From: "Dr. John Dayal"
Date: Mon, 1 Sep 2008
Subject: Citizen's Delegation tells President Patil 50,000 Christians  
hiding in forests of Orissa from maraudng Hindutva mobs, 4,000 houses  
burnt

PRESS NOTE
New Delhi, September 1, 2008

* Citizen's Delegation meets President Pratibha Patil; Demands that  
Indian Government use Article 355 to force Orissa administration to  
protect Christians
* Violence continues even now, President is told by delegation led by  
Filmmaker Mahesh Bhatt, Maulana Mahmood Madani, MP, and Orissa  
Archbishop Cheenath.
* 300 villages burnt, 4,014 houses destroyed, 50,000 Christians  
hiding in Forests in a week
[. . .]
http://www.sacw.net/DC/CommunalismCollection/ArticlesArchive/ 
CitizenOrissa1sept08.html

o o o

RIOTING IS RARELY ‘SPONTANEOUS’

by Ranjona Banerji
Daily News and Analysis, September 01, 2008

The last month has suddenly taken India back to a few years ago when  
religion-inspired violence was common. The past three or fours years  
has been a sort of lull, with sporadic incidents of attacks by one  
community on another, none of which led to any further conflagrations  
or widespread rioting. Yet from the serial blasts in Ahmedabad at the  
end of July, allegedly by activists of the Students Islamic Group of  
India to Hindu-Muslim clashes in Srinagar to the Hindu-Christian  
violence in Orissa, it seems like we are back to the bad old days.  
That was when we were like an old-fashioned tinderbox and any small  
match could set off a giant forest fire.

Research by scholars like Paul Brass has shown that no community rage  
can intensify into a riot without political, government and police  
help. That is, people may be full of anger, hatred and violence  
towards each other, but full-scale mob violence is only possible with  
good organisation, mobilisation, official complicity, and time and  
space provided by the law enforcers for law breakers to have their  
way. This is a worldwide phenomenon. A good example is how Hitler and  
the Nazis mobilised incipient, vague and petty anger against Jews in  
Europe into full-blown genocide.

Does this theory have any bearing on the Indian situation? Through  
our short history as a modern nation, we have had several examples of  
riots between two different religions.

The two worst would be the anti-Sikh riots in Delhi after Indira  
Gandhi’s assassination in 1984 and the anti-Muslim Gujarat riots in  
Gujarat in 2002, after news was spread that Muslims had burnt to  
death Hindu kar sevaks in a train bogey returning from Ayodhya. The  
recent Orissa violence has similar origins. The news that a Vishwa  
Hindu Parishad religious leader had been killed led to wide-scale  
attacks on Christians in Orissa.

All these attacks require some amount of organisation. Spontaneous  
anger does not spread over days and adept though the human race is at  
warfare, armies cannot be sent in to fight and win overnight. Someone  
has to strategise, organise, prepare and then put troops into action.  
The US experience in Iraq has shown us what a tough endeavour that  
can be.

India then is being brought back to the edge of religious  
intolerance, which if allowed to grow unencumbered is likely to set  
us back a few crucial years. The focus of the world and of society  
has shifted from narrow parochial concerns to a global identity with  
an economic perspective. In such a scenario, narrow sectarian  
concerns like those of Kashmiri Muslims getting into a frenzy over  
land transfer to a Hindu temple board, or the fact that it seems  
perfectly justifiable for innocent people to be killed as some kind  
of mob revenge for the death of a religious leader, do not fit in. At  
the risk of sounding trite, when the Kosi broke its banks to go back  
to an old river route, it did not choose those that it affected by  
their community, caste or religion. That trite example ought to make  
it plain to us how the battle has to be fought together or lost by all.

Yet, of course, this is a lesson that we will be happy never to  
learn. It suits those in power to keep us in shrill anger, so that we  
refuse to see the bigger picture. The rage of the Kashmiri Muslims  
over “their” land being given away did not take into consideration  
the poor Muslims who get their livelihood from the Amarnath Yatra.  
Similarly, Hindus brainwashed by Hindutva hatred will tend to  
demonise all Muslims. They will always miss the point that it suits  
political parties to separate people on these lines so that the big  
picture is blurred.

To point this out at all — that there is no justification for planned  
and well-orchestrated violence of one community over another —  
becomes immediate occasion for hate-mongers to point fingers and call  
names.

Yet, we have to ask ourselves how such carefully crafted violence and  
anger benefits us as a nation. Who is this ‘other’ whom we fear if it  
is not ourselves in some other guise?
Email: [EMAIL PROTECTED]

o o o

Human Rights Watch
        
INDIA: WORLD LEADERS URGED TO CONDEMN VIOLENCE IN ORISSA

The Rt Hon. David Miliband
Foreign Secretary
Foreign and Commonwealth Office
King Charles St
London SW1A 2AH

28 August 2008

Dear Mr Miliband,

We are writing to express our dismay at the situation in Orissa  
state, where mobs, apparently instigated by the Hindu extremist  
Vishwa Hindu Parishad (VHP) have responded to the condemnable killing  
of local Hindu leader, Swami Lakhmananda Saraswati, by attacking  
minority Christian targets. As of 27 August, at least nine people are  
said to have been killed. Reports exist of two people burnt alive,  
three men hacked to death, a nun gang-raped and churches and houses  
destroyed in at least twelve districts.

This outbreak of violence follows widespread attacks on Christian  
targets beginning in December 2007. Swami Lakhmananda Saraswati was  
widely implicated in the incitement of those attacks and in stirring  
anti-Christian hatred in Orissa state, but he was never prosecuted by  
the state authorities. We condemn his murder, allegedly by Maoist  
insurgents (Naxalites), but the fact that Christians have been made  
the scapegoats and victims of a VHP backlash is deplorable and calls  
for urgent intervention. The government, meanwhile, has deployed  
security forces only in one of Orissa’s thirty districts, and reports  
suggest that the violence is continuing.

International statements of concern are urgently needed to express  
solidarity with the victims, to help forestall yet more violence and  
to prevent the further loss of life. We therefore request that you  
make a statement to call for an end to the sectarian violence and the  
protection of vulnerable communities as soon as possible.

Yours sincerely,

Alexa Papadouris
Advocacy Director, Christian Solidarity Worldwide

Benjamin Marsh
State Department Liaison, Dalit Freedom Network

Elaine Pearson
Deputy Director, Asia Division, Human Rights Watch

Cc:
Ms Benita Ferrro-Waldner, European Commissioner for External Relations
Mr Bernard Kouchner, French Minister for Foreign and European Affairs
The Honorable Condoleeza Rice, US Secretary of State

______


[4] INDIA ADMINISTERED KASHMIR :

UNARMED FREEDOM FIGHTERS
Kashmiri Muslims have broken new ground by waging a non-violent  
separation struggle but the Indian authorities seem unsure how to  
respond

by Muzamil Jaleel
(The Guardian, August 31 2008)

Flowing black beard, a headband with "Allahu akbar" (God is greatest)  
and a fluttering green flag. This has been the trademark picture of  
the recent azadi (freedom) processions of Kashmir, where hundreds of  
thousands marched the streets of this disputed Himalayan region  
seeking a separation from India.

 From a distance, it seems as if the past has returned to Kashmir.  
But the present contains an irrefutable truth: in place of guns, the  
people carry slogans. The politics of protest this time is not about  
the argument of power, but about the power of argument.

Kashmir is the first conflict-ridden Muslim region in the world where  
people have consciously made a transition from violence to non- 
violence, and this includes the staunch Islamists too. In fact, the  
wisdom behind the use of arms to fight a political struggle was being  
silently debated within Kashmir ever since 9/11 blurred the lines  
dividing terrorism and genuine political movements. The deteriorating  
situation inside Pakistan too had tilted the balance towards a  
peaceful struggle.

Thus when Kashmiris decided to come out to demand azadi recently,  
there were no militant attacks or suicide bombings. It was through  
massive unarmed processions where people shouted slogans and waved  
flags. And when the government tried to halt them, the anger was only  
manifested through stone pelting. Sensing the overwhelming public  
mood, the militant groups immediately declared a unilateral  
ceasefire, admitting the insignificance of the gun for an unarmed  
people's movement.

This major shift has not been registered even as it has already  
formed a new discourse for Kashmir's separatist struggle. New Delhi's  
response was usual – it again used its iron fist, killing 38 unarmed  
protesters and injuring more than a thousand and enforcing a strict  
curfew with a hope that the people will be ultimately cowed down. The  
separatist leadership too was rounded up.

This only shows that New Delhi is misreading the script. This time  
the authorities are not faced with gun-wielding men but unarmed  
people. A heavy clampdown keeping the population indoors only puts a  
temporary lid on the seething anger. Instead of a military  
intervention, New Delhi should have immediately attempted sincere  
political and democratic means to engage Kashmir and calm the tempers.

New Delhi's approach to handling Kashmir for past two decades has  
been simple and straight: militancy is the only problem and that can  
be sorted out by stringent military measures. Though there have been  
several rounds of negotiations with a faction of the separatist  
leadership too, New Delhi used the process more as a photo-op than a  
serious effort to address the demands of the people. There have been  
half a dozen occasions when separatist leadership joined a dialogue  
with New Delhi to resolve the Kashmir problem amicably – only to find  
the exercise nothing more than a surrender and thus futile.

The distrust towards New Delhi had reached such proportions that when  
moderate separatist leader Mirwaiz Umar Farooq decided to join talks  
with New Delhi, his uncle was murdered in Kashmir. Despite a serious  
threat to his life, he joined the talks directly with the prime  
minister of India. Again, the non-serious approach of New Delhi  
derailed the process, further eroding the credibility of talks with  
New Delhi in the eyes of Kashmiris. The public standing of separatist  
leaders who had agreed to talk to New Delhi also diminished  
substantially.

The recent protests by hundreds of thousands of unarmed people too  
don't seem to have changed the mindset of New Delhi's ruling elite.  
Instead of acknowledging the intensity of the uprising and the depth  
of the sentiment in Kashmir, New Delhi again refuses to face the  
reality and delays engaging in a sincere dialogue with the separatist  
leadership. The Kashmiris have overwhelmingly announced that peaceful  
processions and not guns are now their favoured means of protest.  
This needs to be encouraged and allowed to take firm roots because it  
could help to put an end to the bloodshed in Kashmir and make an  
amicable resolution of the problem easy. The phenomenon could also  
have a positive influence over a dozen such violent conflicts in  
other Muslim regions across the world. But if peaceful protests are  
crushed like armed movements, another wave of violence will take  
root, reinforcing the idea that the gun is mightier than a slogan.

o o o

The Hindu - 2 September 2008

ATTACKS ON MEDIA FREEDOM IN J&K CONDEMNED

LAHORE: The South Asian Free Media Association and South Asia Media  
Commission on Saturday condemned the attacks on media freedom in  
Indian-administered Kashmir.

Showing solidarity with the Kashmiri media in their difficult days,  
SAFMA president Lakshman Gunasekara, secretary general Imtiaz Alam  
and SAMC chairman N. Ram and secretary general Najam Sethi said they  
were worried at the reports of the media being directly targeted in  
an intensifying security crackdown in Kashmir.

“Instances like newspapers failing to print for several days because  
of severe restrictions on journalists’ movement, suspension of cable  
news channels, injuries to journalists in targeted attacks by the  
security personnel create an environment of paralysis for the media,  
where only disinformation and rumour can hold sway,” they said in a  
statement.

Resenting the assaults on the media, they urged the authorities to  
ensure media freedom by facilitating functioning of journalists and  
distribution of newspapers without any restrictions.

“Any attempt to curb the media is against the ethos of democracy. The  
authorities should take immediate steps to ensure that people in  
Jammu and Kashmir are not deprived of their fundamental right to  
access information and freedom of expression.”

They also demanded restoration of news channels on cable networks.  
“Jammu and Kashmir is being deprived of all information in the  
absence of local channels and so, their operations should be restored  
immediately.”

The authorities should also ensure journalists’ safety, SAFMA and  
SAMC office-bearers said.

They criticised a raid by the Jammu and Kashmir police on the home of  
The Hindu correspondent in Srinagar.

S. Nihal Singh, SAMC coordinator, in a statement said:

“It is with regret and concern that the SAMC has learnt of the recent  
developments in Jammu and Kashmir. They concern the search of the  
residence of The Hindu correspondent in Srinagar, Shujaat Bukhari,  
and the restrictions placed on reporters’ professional activities and  
circulation of newspapers. It is true that the state of Jammu and  
Kashmir is passing through a difficult phase, but the answer in  
resolving issues does not lie in placing restrictions on media and  
their practitioners. Rather, such restrictions can only prove to be  
counter-productive.”

o o o

MEHBOOBA MUFTI INTERVIEW
Everything has gone back many years
Indian Express: Sunday, August 24, 2008
http://www.indianexpress.com/sunday/story/352588-3.html

______


[5]

The Daily Star
September 2, 2008
The Praful Bidwai Column

'THE MANMOHAN AGENDA' IN CRISIS

by Praful Bidwai writes from New Delhi

A deal undone?

JUST as it seemed headed for completion, the India-United States  
nuclear deal has run into big trouble. Indian officials had thought  
the US-drafted motion to get a waiver for India from the Nuclear  
Suppliers' Group's nuclear trade rules would "sail through."

Getting consensus on it would be as smooth as "a knife going through  
butter." A handful of dissenting member-states would express  
reservations. Soon thereafter, Germany, the NSG chair, would announce  
a "consensus."

The US Congress would ratify the deal by September. India would have  
its Nuclear Nirvana.

Yet, more than 20 of the NSG's 45 members expressed reservations. A  
vocal bloc led by Austria, New Zealand and Ireland proposed more than  
50 amendments to bring the waiver in line with the Group's  
overwhelming non-proliferation objective. The NSG, which works by  
consensus, reached no decision. The dissenters won the day.

What was meant to be the crowning of India's arrival on the world  
stage is now being described as a setback, even "debacle." Indian  
officials say the US didn't lobby the dissenting states hard enough,  
or that it sabotaged the NSG proceedings.

There are two problems with this proposition. One, it sits ill with  
the fact that the US initiated the deal. It prepared the ground in  
early 2005 by offering to "help India become a World Power."

India essentially reacted, but also drove a hard bargain knowing that  
Washington saw the deal as the key to bringing New Delhi into its  
strategic orbit and containing China. The US wouldn't want to  
sabotage the deal at this stage after having staked so much on it.  
India was involved in negotiating every phrase in the resolutions  
before the IAEA and NSG.

It was naïve, even foolhardy, for New Delhi to think that many NSG  
states, which only have a limited interest in partnering India, would  
meekly go along with Washington. In fact, it's India that proved  
unreasonably inflexible.

Second, India underrated the opposition, especially from states like  
New Zealand and Austria which take nuclear non-proliferation  
sincerely -- New Zealand to the point of barring US warships because  
Washington won't say if they carry nuclear warheads.

India's credibility in matters nuclear has taken a beating since 1998  
when it blasted its way into the Nuclear Club after having championed  
disarmament for 50 years, and embraced the "repugnant" doctrine of  
nuclear deterrence.

It's not good enough for India to offer a unilateral testing  
moratorium. Countries like Ireland, the Netherlands, Switzerland,  
Sweden, Norway, Finland, Denmark, Austria and New Zealand want a more  
robust commitment: no nuclear commerce with the world if India tests  
again.

These countries may yet drop or dilute their conditions. But they  
will have be coerced through US arm-twisting, or cajoled through  
lucrative contracts from "emerging economic giant" India. But some of  
them don't have a big stake in Indian contracts. Some may resist US  
pressure too.

We don't know if the dissenters will stand up in the NSG, though  
that's highly likely. But the conditions they propose are potential  
deal-breakers: periodic review of India's compliance with non- 
proliferation commitments; exclusion of uranium enrichment and spent- 
fuel reprocessing technologies from exports; and most important, end  
to nuclear trade if India conducts a test.

India insists on a "clean and unconditional" waiver, with only  
"cosmetic" changes in the US draft. So unless the conditions vanish,  
India must sign a bad deal. Or, India loses the deal altogether in  
the Bush administration's term.

If Barack Obama becomes the next US president, he won't make generous  
deal-related concessions. During the Hyde Act debate, he moved an  
amendment calling for fuel stocks for the normal operation of Indian  
reactors, not for a "strategic fuel reserve." Even under a Republican  
administration, the deal won't get terms as favourable as the present  
ones.

If India signs a deal violating Dr. Manmohan Singh's commitments to  
Parliament, the entire opposition will attack him. Even the United  
Progressive Alliance will find it hard to counter the charge that he  
has "sold out."

Many UPA allies and Congressmen could turn against Dr. Singh for  
misleading them into believing the US would take care of the NSG, and  
there'd be no political price to pay for the deal -- beyond losing  
the Left's support and allying with the sleazy Samajwadi Party.

The Congress-UPA's heart was never in the deal. It was thrust upon  
them by Dr. Singh's insistence on leaving a "legacy" of a decisive  
pro-US strategic policy turn, much like his neo-liberal paradigm  
shift of 1991.

The deal is integral to the larger "Manmohan Singh agenda" to push  
India Rightwards socially, economically and politically.

UPA leaders didn't back the deal out of respect for Dr. Singh's  
(lightweight) stature and political judgment, or out of their faith  
in nuclear energy -- with its appallingly poor performance in India  
and its at-best-dubious potential contribution to energy security.

They did so because Ms. Sonia Gandhi, who was reluctant to break with  
the Left, backed the deal after her son put his weight behind it.

Congressmen know they're paying a heavy price for taking the SP's  
support, including inviting "cash-for-votes" charges, rewriting  
petroleum, telecom and captive coal-mines policies to favour business  
groups, and sacrificing their party's interests in Uttar Pradesh,  
where the Congress's social base and rank-and-file are out-of-sync  
with, even terrified of, the SP.

However, the cost meter won't stop there. If the UPA government signs  
the nuclear deal with onerous conditions, its credibility will be  
destroyed. If the deal collapses, the UPA will become the nation's  
laughing stock.

All this is happening amidst runaway crises in the Kashmir Valley and  
Jammu, eruption of communal violence in Orissa, and the Home  
Ministry's extraordinary ineptitude in dealing with terrorist  
attacks, for which it variously but unconvincingly blames SIMI,  
Gujarati youth, Bangladesh-based "modules" and ISI-sponsored outfits.

Under the UPA, governance is faltering. Yet it's ducking democratic  
accountability by unconscionably postponing Parliament's monsoon  
session. Burdened with Dr. Singh's legacy obsession, the UPA has very  
little time left to correct course.

Praful Bidwai is an eminent Indian columnist.

_______


[6]  Communalism Resources:

(i)

’STATE KA ORDER HAI’
A Report of by Shabnam Hashmi
(An Independent Fact Finding Team into incident of incidents of July  
3-4, 2008 in Indore [August 29, 2008]
http://www.anhadin.net/article46.html

o o o

(ii)

www.sacw.net  > Communalism Repository - 2 September 2008
http://www.sacw.net/DC/CommunalismCollection/ArticlesArchive/ 
naqvi010908.html

RELIGIOUS VIOLENCE DRIVES INDIA’S DESCENT INTO DEEPER OBSCURANTISM

by Jawed Naqvi
(Dawn.com, September 01, 2008)

IT took the Pope 400 years to apologise to Galileo, who was  
excommunicated for inferring from his independent inquiry that it was  
the Earth that went round the Sun and not the other way as the Bible  
claimed. It is too early to count the decades if not centuries it  
will take India to recant, if ever, from its current headlong leap  
into obscurantism of diverse hues, which it is busy cultivating in a  
strange mélange it advertises as secularism.

Be it the orgy of violence unleashed by the Hindu right against  
Christian missionaries and their followers in Orissa --- in which  
both sides want greater access to the gullible and poor Dalits and  
tribes people to grant them spiritual salvation, moksha --- or be it  
the transformation of a separatist agenda of Kashmiris into a Hindu- 
Muslim standoff, or the ready use of Muslim ulema to canvass support  
against religious terrorism perpetrated by shadowy groups, the state  
has abdicated its secular responsibilities.

The fact that the ulema are leading their flock with the state’s  
encouragement ignores the reality that they are responsible in the  
first place for imparting hidebound religious prescriptions that  
interfere with the functioning of democratic choices usually  
available elsewhere to citizens of different faiths and beliefs under  
a secular dispensation. Many of the maulvis who have been thrust into  
the forefront of an overrated campaign to disown Muslim terrorists  
are themselves guilty of keeping their followers riveted to fear and  
mistrust on the basis of another citizen’s religious or other beliefs.

The state has happily indulged their mediaeval demands, significantly  
notorious among them being the Shah Bano alimony case. Leaders who  
denied a Muslim widow of her right to alimony are a key plank against  
religious terrorism. What could be more ironical?

What is happening in Orissa has two dimensions – prejudice and  
poverty. There is no doubt that Christian missionaries since colonial  
days have done wonderful things for the backward people of India  
generically called the tribals and the Dalits. Their motives,  
however, have not always been innocent. The Dalits are at the bottom  
of the Indian caste heap. And I say the Indian and not Hindu caste  
heap because there are Dalits in every major religion of India but  
the secular state only grants statutory affirmative action to Hindu  
Dalits, or what passes for Hindu. And this is part of the problem in  
Orissa.

The quasi fascist Vishwa Hindu Parishad (VHP), a cousin of the  
mainstream BJP, is seeking to ‘reconvert’ Christian Dalits to its  
fold right across India, including in Orissa. It uses an unfair law  
enacted in 1950 that does not accept a non-Hindu Dalit as entitled to  
the crumbs that come with affirmative action. On the other hand,  
tribal converts to a non-Hindu religion, for example to Christianity,  
face no such handicap.

Non-Hindu Dalits want the privileges given to Hindu Dalits and this  
sets up political fault lines that are then exploited on both sides.

Christian and Muslim Dalits want the rights of Dalits they are  
otherwise denied for not being Hindu. This is an aspect of the  
secular state. Add to this conundrum the state’s tendency to side  
with the more entrenched rightist forces, partly as a foil to liberal  
intervention but also to consciously break the natural solidarity of  
the weakest classes, and you have a classic profile of a state that  
is toying with fascist methods of social control. The leeway that  
organisations such as the Shiv Sena in Maharashtra are able to secure  
from the state appears to be part of this strategy – unleash  
rightwing mobs in the political arena, inject an obscurantist  
discourse and then negotiate deals with the concerned sides.

What happened in Jammu has less to do with caste, but the  
mobilisation over an innocuous-looking, if controversial, land  
transfer to a Hindu shrine committee has its eyes equally on the  
arriving elections, both in Jammu and Kashmir as also India’s general  
poll due by mid-2009 but which may be held earlier. An overtly Hindu  
group tethered to the obscurantist ideology of parties like the RSS  
has been unleashed in Jammu out of nowhere. Their agitation may not  
have achieved much, but it has successfully marginalised moderate  
Muslim leaders in the Valley, including secular separatists as well  
as mainstream politicians.

At the same time they have enabled a rightist Muslim leader like Syed  
Ali Shah Geelani to take centre-stage. The politics whipped up in  
Jammu is not too different from the way the Sikh rabble-rouser  
Jarnail Singh Bhindranwale was created in the Punjab. He rose to  
torment India’s fragile tryst with secular politics and his memory  
remains a serious challenge.

Indian and Pakistani governments were dealing with the larger  
question of the Kashmiri dispute according to the parameters agreed  
by a Pakistani strongman with a rightwing nationalist prime minister  
of India, giving the accord a clout and credibility that eludes  
liberal politicians in the subcontinent. Kashmiri leaders,  
separatists and nationalists alike, were beginning to travel between  
the two national capitals with a degree of comfort and optimism they  
had not experienced before.

Then suddenly and quite inexplicably the agenda was changed and we  
are today confronting a communal polarisation in which Hindu and  
Muslim crowd-pullers are having a field day at the cost of the  
moderates on both sides.

A lot has been said and written about the plight of the minority  
Ahmedis of Pakistan where they were declared non-Muslim. So I was  
perplexed when India’s own Ahmedi or Qadiyani leaders (meeting in a  
conference in New Delhi as I write) revealed that they were not  
allowed to be members of the All India Muslim Personal Law Board, a  
body of religious leaders recognised by the government as  
representative of the 150 million Indian Muslims, for reasons that  
are similar to the ones cited in Pakistan. In effect, the Indian  
government has accepted the sectarian approach to informally exclude  
the Ahmedis.

Unless there is a more valid explanation for keeping the Ahmedis out  
of the Muslim body where is the basis for a secular state to accept  
one of the sects as non-Muslim? This can be an acceptable exigency in  
Pakistan, but in India?

In a country crawling with god men and superstitions, the media has  
not done any credit by encouraging rather than curbing the trend.  
Dozens of TV channels have dedicated 24-hour programmes fanning the  
pursuit of blind faith. I hear the channel with the highest TRP  
ratings has reached there by dumbing down of its current affairs and  
news content and supplanting it with dollops of faith healers,  
soothsayers and specialists in tarot cards, bead readers and so forth.

Other channels are churning out newer versions of religious tales.  
There is no room left, it seems, for any public debate between  
Galileo and the Pope. India is hurtling into obscurantism in the  
illustrious company of VHP, the ulema and Shiv Sena. The Jammu-based  
Shri Amarnath Sangharsh Samiti is its latest proud interlocutor.

jawednaqvi[AT]gmail.com


o o o

The Hindu, 30 August 2008

CALL FOR IMMEDIATE BAN ON BAJRANG DAL, VHP

Special Correspondent

New Delhi: Monthly magazine Communalism Combat has called for an  
immediate ban on the Bajrang Dal and the Vishwa Hindu Parishad for  
their “involvement in spreading terror across the country.”

The demand was made on Thursday at a press conference addressed  
jointly by Justice (retd.) B.G. Kolse Patil, former Director-General  
of Gujarat Police R.B. Sreekumar, film-maker Mahesh Bhatt and Editor  
of Communalism Combat Teesta Setalvad.

They said a ban on the two organisations assumed urgency in the wake  
of the mayhem spread by them in Orissa as well as revelations of  
their involvement in terror networks in Maharashtra and Uttar  
Pradesh. They also called upon the government to constitute an  
official tribunal, comprising three sitting judges of the Supreme  
Court, to oversee investigations into all terror-related crimes.

Mr. Justice Kolse Patil said that though there was mounting evidence  
of the Bajrang Dal’s involvement in bomb-making activities, not a  
single case was pursued to its logical end.

Ms. Setalvad said a “mountain of damning evidence” was available to  
incriminate the Bajrang Dal in the bomb blasts that took place at the  
residence of a Rashtriya Swayamsevak Sangh worker in Nanded in  
Maharashtra in April 2006. As recently as last week, two Bajrang Dal  
activists died in an explosion while assembling bombs in Kanpur. The  
two men left behind explosive materials enough for several terror  
strikes, she alleged.

Ms. Setalvad spoke specifically of the Nanded bomb blast case that  
claimed the lives of Naresh Kondwar and Himanshu Panse, both active  
workers of the Bajrang Dal and the Vishwa Hindu Parishad. The case  
was handed over to the Anti-Terrorism Squad of Maharashtra on May 4,  
2006.

Quoting from the two charge sheets filed by the ATS, Ms. Setalvad  
made the following points: Kondse and Panse were assembling bombs  
with the intention of targeting Muslim places of worship. The house  
where the bombs were manufactured belonged to RSS worker Laxman  
Rajkondwar. Diaries, important documents, suspicious maps and mobile  
numbers were unearthed from the house, which led the ATS to a terror  
trail spread over Parbhani, Jalna and Purna.

Ms. Setalvad said the ATS charge sheets revealed that as many as  
three dozen Bajrang Dal workers from all over Maharashtra received  
systematic training from experts in bomb-making and bomb explosion.  
Despite this clinching evidence, the CBI watered down the findings in  
its own charge sheet filed in 2008, allowing the accused to be  
released on bail.

Ms. Setalvad announced that she and the other speakers would soon  
move the Supreme Court in order to bring to its attention the  
discrepancy in the charge sheets of the ATS and the CBI.

o o o

See Also:

Ban the Vishwa Hindu Parishad (VHP) | Facebook
http://www.facebook.com/group.php?gid=36412241417



_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/

Buzz for secularism, on the dangers of fundamentalism(s), on
matters of peace and democratisation in South
Asia. SACW is an independent & non-profit
citizens wire service run since 1998 by South
Asia Citizens Web: www.sacw.net/
SACW archive is available at: http://sacw.net/pipermail/sacw_insaf.net/

DISCLAIMER: Opinions expressed in materials carried in the posts do not
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