Monday, December 10, 2012

Insecure after all - By Badri Raina - The Hindu

The eminent writer Prof. Badri Raina has left the onus of raising objections with the Chief Election Commission to Congress, over Narendra Modi's resurrection of communal propaganda to consolidate and garner votes. In fact, it we the people have much greater stake in hounding such communal elements on their illegal crimes against India's secularism and NGO's from public life should take up massive campaign against revival of communal propaganda. Under public pressure, Chief Election Commissioner is bound to issue warnings to Modi and in case of his defiance, could initiate the process to countermand his own election, if he wins.

Ghulam Muhammed, Mumbai
<ghulammuhammed3@gmail.com>

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http://www.thehindu.com/opinion/op-ed/insecure-after-all/article4167735.ece

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December 6, 2012

Insecure after all

Badri Raina

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Narendra Modi’s bravado as “vikash purush” may not move the bulk of the
electorate this time around.
PTI Narendra Modi’s bravado as “vikash purush” may not move the bulk of the electorate this time around.

With the weaknesses of Modi’s development plank now exposed, the Gujarat Chief Minister is resorting to tried and tested majoritarian communalism

Did you notice that Narendra Modi is back to his old tricks? Out of thin air, and with no context of any kind, he has chosen to insinuate that the Congress means to install Ahmed Patel as Chief Minister of Gujarat. And not just Ahmed Patel but “Ahmed Mian Patel.” Do recall his erstwhile sallies with “Mian Musharraf” and “James Michael Lyngdoh.” The idea patently is to warn the Gujarati voter that should the Congress come to power, the State would be saddled with a Muslim chief executive.

The inference ought to be that his “development” plank having been found out during the current campaign for what it is — an exclusionary exercise in benefiting the fat cats at the expense of the Adivasis, the fisherfolk, the farmers, and the minorities — Mr. Modi’s greatly hyped and advertised bravado as “vikash purush” may not be quite moving to the bulk of the Gujarat electorate this time around. Nor, as it turns out, does Gujarat seem to have been as free of corrupt crony capitalism as Modispeak would have us believe.

Hence, his unprincipled and legally questionable recourse to tried and tested majoritarian communalism.
 
Buried fact

Remarkably, we always seem to forget that this claim to majoritarian hegemony excludes some 47 or so per cent of Gujaratis who have consistently voted against him — a fact that remains cannily buried as far as public commentary and discourse are concerned.

Thus his claim to hold sway over “six crore” Gujaratis has always been an unfair myth insufficiently unravelled.

What remains to be seen is whether, in these days of touted stringency, the Election Commission takes notice of his blatant recourse to sectarian propaganda — “Ahmed Mian Patel” — and does what the law requires. The very recent indictment of Varun Gandhi in this respect might be a factor to consider.

It is to be expected that the Congress may approach the Election Commission in this matter; expected but not likely, for the reason that the local Congress seems terrified of fuelling polarisation among the electorate even if that means turning a Nelson’s eye to such brazen violation of the Constitution and the election laws as Mr. Modi’s statement about “Ahmed Mian Patel” entails.

Meanwhile, one well-wishing electronic channel is busy selling the idea that a “new narrative” is afoot among Gujarati Muslims — one that sensibly argues that it is best to be by Mr. Modi’s side even if the ghettoisation of the community is now an accepted fact on both sides of the divide. The Bohras and the Khojas have always had their eye on the main chance but, if the most upright and honourable Dr. J.S. Bandukwala whose house was gutted during the carnage of 2002 is to be believed, even the Bohras and Khojas are unlikely to vote Modi.

The same channel is also showcasing a young and suave Muslim lady who has gone over from the Congress to the BJP. She can be heardsaying that, after all, an ordinary BJP worker in Gujarat can get more done than a Congress MLA. The question is, done for whom?

The occurrence also recalls the sad case of Arif Mohammed Khan — a more reliable Islamic scholar than most Mullahs and a fine secular India overall — who once took what was a traumatic decision to go over to the BJP in the hope that the perpetual “Other” may be transformed from the inside and weaned from the RSS; I can’t recall whether Arif bhai is still with the BJP, but the BJP surely remains with the RSS. Leopard’s spots — they are dour.

But, to think that a politician who can at the drop of a hat stoop to such sectarian and divisive cunning — “Ahmed Mian Patel” — should be a hot favourite for the top executive job in the country may be the most damning comment on one considerable section of India’s political class and on the corporates and newly-minted elites who support them.
 
Paradox

The paradox is that, given the 24X7 hype over Mr. Modi, if he drops even a single seat or stays where he is the argument may be fuelled that the limits of his politics have been reached. Indeed, that conclusion may become more rampant among the BJP’s inner circles than among merely those opposed to Mr. Modi’s brand of politics. In that event, the late Madhav Singh Solanki, who once garnered 140 seats in the Gujarat Assembly, may remain the record holder beyond Mr. Modi’s prowess.

Galling thought that.
 
(Prof. Badri Raina is a Delhi-based writer.)

‘Congress ran away when 1992-93 riots broke out’ - IDEA EXCHANGE - The Indian Express, Mumbai

http://www.indianexpress.com/news/-congress-ran-away-when-199293-riots-broke-out-/1042880/0

The Indian Express

‘Congress ran away when 1992-93 riots broke out’

Express news service : Mon Dec 10 2012, 01:43 hrs

Twenty years after the 1992-93 communal riots that left 900 dead (575 Muslims, 275 Hindus and 50 others) and over 2,000 injured and displaced over 1,000, justice has still not been delivered.Riots continue to be used as a tool to achieve political agenda.

Advocate Yusuf Muchhala, who has battled for over two decades for implementation of Justice Srikrishna report, speaks with The Indian Express editorial team about the feeling of alienation and other issues of the minority community.

Swatee Kher: What is the status of the riot cases?

Muchhala: Sixty per cent of the cases have been closed. Of the 892 registered, 11 were tried under TADA and three resulted in convictions. Some 120 cases were referred to the fast-track courts set up in 2008. Conviction was ordered in seven of these, but again appeals resulted in acquittals in five. Two cases are pending.

What is the point in referring cases to a fast-track court after almost 16 years? Many witnesses are untraceable and have lost interest. 

Some have even lost memory. It is sort of eyewash.

P Vaidyanathan Iyer: When the state fails in its roles and responsibilities, what does the constitution provide for? At a time when we are seeing a completely different emergence of regional parties, do you think it will become more and more difficult for the central government to intervene in state affairs?

Muchhala: All parties want to draw political mileage. Whatever formulation comes to power, it will look to draw political mileage. We need a strong constitutional setup to take charge in such times. Like the national and state human rights commissions that came into existence after 1995. During the 1992-93 riots these institutions did not exist.

Governments like to control such institutions. Maharashtra state human rights commission (SHRC) is without members since February. The state government, which processes appointments of SHRC members, has taken over a year to fill the vacancies. We need a vigilant civil society to raise these issues.

In Gujarat, so many (riot) cases have come up because of SHRC that filed writ petitions before the high court. We have to strengthen such institutions and ensure they do not come under government pressure.

Sukanya Shetty: When riots break out, most state governments do not use power. What role did Congress play during the 1992-93 riots, as it was in power in the state as well as at the Centre?

Muchhala: Congress ran away. No Congress worker was seen on the street. But at the time of election they included these things (riot cases and Srikrishna Commission report) in
manifestos.

Zeeshan Shaikh: Do you also see a failure on the part of the community? Do you think the community is suffering from some sort of persecution complex? Is there a need for the community to introspect? All is not well with the Muslim community, after all.

Muchhala: I would not call it a persecution complex, but a sense of alienation. There is distrust between the Muslim community and the establishment. But do you blame only Muslims? After the Mecca blast, Muslim boys were picked up. After Malegaon, again Muslim boys were picked up. Then again for Ajmer blast. It is not that Muslims do not commit crimes, but it is the way the community is targeted.

A feeling of alienation is definitely there. Muslims feel police are against them. After the 1993 blasts, police kept 45 Mahim families captive for a number of days as they suspected involvement of a member of one.

Police said produce him and go home. After it became hot for police to keep so many people captive, they locked up one member of each of the 45 families at the office of the commissioner in Crawford Market. I had to file a writ petition to get them released. 

The government later claimed no one was detained.

Smita Nair: When someone like Bal Thackeray gets a state honour, what do you think? You have been closely interacting with the (minority) community, what was its sentiment, reaction?

Muchhala: It was not a correct decision. Though there was no conviction, he faced serious allegations. Such honour was not required. It was a decision of the Chief Minister.

Swatee Kher: What changes do you expect in law?

Muchhala: There is nothing wrong with the laws. The problem is implementation. We have 153 (a), 295 (a). Prosecution under these IPC sections happens only if the government grants sanction. The government does not.

If it does, it does after many years. By then, evidence is lost and so is the purpose. There is no political will to implement laws. There is no accountability in our system of law.

Accountability can be brought by introducing Communal Violence (Prevention) Bill that is pending consideration by so many forums.
Commissions after commissions have made the same observation, if the local administration is vigilant it can control riots within 24 hours. In many cases, riots were controlled. Accountability, along with the aspect of justice after riots and rehabilitation, can be covered in the Bill. Unfortunately, so many political parties are opposing it on the pretext of federalism.

Mayura Janwalkar: Coming to hate speeches. How can we ensure the law does not deny freedom of speech and at the same time is not misused?

Muchhala: There must be a proper system in place. We already have a law under IPC and its validity has been upheld by Supreme Court. Existing laws should be properly used.

Sukanya Shetty: A majority of 1992-93 riot cases were closed as “A summary”, which means true but undetected. Were the reports not filed before a magistrate, a pre-requisite?

Muchhala: No, none of the reports was filed before a magistrate. It was all done at the police level, a wrong practice. It is actually for the magistrate to decide. Unfortunately, nobody raised the issue.

Sukanya Shetty: How proactive has the judiciary been in this process of justice to the riot victims?

Muchhala: Our writ petitions are still pending before Supreme Court. Justice A S Anand was proactive, others were not interested. 

There is no consistent judicial policy.

Mayura Janwalkar: Will the commission report be implemented? Is there hope?

Muchhala: The report is valuable as it forms a government archive. The information that flows from the government archive is not pure. Without such a commission, the future generation will not know what happened in 1992-93. Conscience is kept alive and it helps ensure such incidents do not recur.

Sukanya Shetty: Commissions are not meant to be brilliant archives. Maharahstra has seen several of them, but findings of none were implemented. The commissions became political tools. So, what is the real use?

Muchhala: I agree with you that commissions are used for political 
benefits. But it is not correct that Srikrishna Commission did not serve any purpose. It is an honest report.

When I decided to participate in the commission, the reaction of the Muslim youth was dangerous.

“Aise bhi marte hain, toh chaar ko maar ke marenge”, was the feeling. They are not criminals. They did not participate in riots or in blasts. But the anger was there. Sense of injustice was there. That expression was very dangerous.

The moment the commission started its inquiry, people started phoning and giving information. These are intangible benefits. The manner in which Justice Srikrishna conducted the inquiry, hats off to him. He allowed people to open their hearts.

So far as the guilty are concerned, they were shivering in their trousers.

Swatee Kher: Many went missing after the riots. And as per law, if a victim is not traced for seven years s/he is declared dead. But this aspect was not considered by the government while disbursing compensation.

Muchhala: As many as 165 persons were reported missing. We (NGOs and activists) have referred to Supreme Court seven cases in which compensation was denied. After so many years, those seven persons are also not traceable. Of the 165, state has compensated over 100. That too after a lot of reluctance and after we approached Supreme Court.

From 1993-2005, all attempts at bureaucratic levels failed. At election time some people got active and money was paid.

Smita Nair: What is your opinion on the August 11 Azad Maidan violence?

Muchhala: Some people indulged in violent activities. They needed to be booked and they were.

The commissioner (Arup Patnaik) handled it wisely. He could not 
prevent it (the violence), but he tried to control it. Police were at fault, I agree. Subsequently, police took the right decision by filing cases.