Missing the point: What the protesters against the Kathua rape-murder haven’t got it right?

Samvartha ‘Sahil’ | coastaldigest.com
April 16, 2018

The rape of a minor in Kathua in Jammu and Kashmir, followed by her brutal murder has gained the attention of India, even if it is after three months. In these three months the civil (?) societies, the lawyers, the politicians belonging to the right wing in Jammu have without any hesitation come out in public to shield the perpetrators. These facts when brought to light, the liberals of India rightly got enraged as much as they got outraged on hearing about the rape of the minor girl belonging to the Bakarwal community, a nomadic tribe.

While nothing better than supporting perpetrators could be expected from the right wing, my disappointment is with the liberals, though I believe that the protest being registered is a necessary gesture. Here I would just like to list my disappointments…

Firstly, the case of Kathua and Unnao, though barbaric and unacceptable, are being mentioned in one breath as if they are similar. No, they aren't, even when both of them are inhumane. The question how will be answered through my elaboration of the other disappointments.

The case of Kathua temple rape is not being communalized and politicized by the ones underlining the religious and political identity of the girl. The rape happened because of her religious and political identity. So if anyone brought religion and politics into this, it is not those who are highlighting the identity markers but those who perpetrated violence. The cry of some liberals requesting to not make the incident “about religion and politics,” marks their ignorance of the details in this case.

The issue of Kathua cannot be seen in isolation, distancing it from the history of rape used as a weapon by the Indian state in Kashmir and on Kahsmiri people. Had the girl been raped for being a girl alone, we could have spoken only about humanity and patriarchy. But since she was raped for being a Muslim and a Kahsmiri, let’s talk primarily about the state of minorities and the way Indian state has conducted itself in Kahsmir, especially with relation to women.

Amidst all this, I fail to understand the tweets of people like Javed Akhtar who wants to remind people of the ways in which Bakarwal people showed their loyalty to India and asking us to be in solidarity with the victim. The question to be asked is, what if Bakarwal people were anti-Army? In that case would Javed sahab be okay with the rape? Or does he want us to be okay with rape?

The issue of Kathua rape and murder, for many liberals, has become a scoring point against the Bharateeya Janatha Party. I have no doubts about the BJP being a disgrace to democracy, which one needs to get rid of. But I find it morally disturbing when the issue of Kathua rape is being used to churn anti-BJP public opinion alone. If at all the Kathua incident has troubled the Indian liberals then it should enable them to see the connection between the Kashmir dispute and the rape and murder of Kathua. To see it as a symbol of the maliciousness of BJP alone is to not understand the context of the Kathua rape and murder. Restricting the discussion to the role of BJP alone is parking the vehicle mid-way and aborting the truth before one has arrived at it completely. More importantly it will be dilution of the matter. The interconnectedness between occupation of Kashmir and the Kathua incident exists beneath the surface and one more round of scratching is enough to reach there. Very hesitantly I make this statement: If intelligence is a slave to convenience, then it is not just a moral corruption but also a sign of opportunism.

The liberal discourse around Kathua has been reeking of poverty of understanding, knowledge, sensitivity and imagination too. In extreme conditions of history, such as this, to be a liberal centrist is to let down the victims and let violence continue on the socially, politically vulnerables.

If the Indian liberals are actually horrified, as they claim to be, then the question is if the Indian liberals will at least now acknowledge Kunan Poshpora and innumerable such rapes in Kashmir (Handwara, Shopian, Islamabad, Trehgam, Doda etc) orchestrated and conducted by the Indian army? Will they stop seeing the Kathua incident out of context? If not then the liberals need to reimagine their politics.

 

[Samvartha ‘Sahil’ is a freelance writer based out of Manipal, Karnataka. An alumnus of Jawaharlal Nehru University, Delhi and the Film and Television Institute of India, Pune he has earlier worked as an academician at Manipal University and as a journalist with The Hindu. He is a columnist with The State now and earlier with Karavali Karnataka and Kannada Prabha. His book on the travel experiences in Jammu and Kashmir during the 2016 uprising is about to be published by the Karnataka Sahitya Akademi.]

Comments

Danish
 - 
Monday, 16 Apr 2018

Still, the protests are not in organised form and failed to meet its goal. Diverts from the actual goal.. It became just to vandalise properties in many states

Unknown
 - 
Monday, 16 Apr 2018

Along with protests, there is some moves to defame entire india with some photoshoped images.. People already started to send those with some fake msgs like BBC carried etc. Because of Modi and almost all perveted minds of BJP shaming entire country.

justiceforasifa
 - 
Monday, 16 Apr 2018

ಆಶಿಫಾಳ್ ಸಾವಿನ ಸುತ್ತ ನೂರೆಂಟು ಸಂಶಯದ ಹುತ್ತ

 

ನಮ್ಮ ದೇಶದ ಕಾನೂನಿನ ಪ್ರಕಾರ ಅತ್ಯಾಚಾರಕ್ಕೊಳಗಾದ ಹೆಣ್ಣಿನ ಹೆಸರು ಐಡೆಂಟಿಟಿ ಬಹಿರಂಗಗೊಳಿಸುವುದು ಕಾನೂನುಬಾಹಿರ. ಆದರೆ ಹೆಣ್ಣಿನ ಧರ್ಮ/ಜಾತಿ ಬಹಿರಂಗಗೊಳಿಸುವುದು ಕಡ್ಡಾಯ!! ಶಭಾಶ್. ಯಾಕಂದ್ರೆ ಇಲ್ಲಿ ಅತ್ಯಾಚಾರಕ್ಕೊಳಗಾದ ವ್ಯಕ್ತಿ ಮುಖ್ಯವೇ ಅಲ್ಲ. ಅವರ ಜಾತಿ ಧರ್ಮವೇ ಮುಖ್ಯ. ಅದೇ ತಾನೆ ರಾಜಕೀಯ ಲಾಭ ನಷ್ಟಗಳಿಗೆ ಮೂಲ!?

ಅತ್ಯಾಚಾರ ಆರೋಪ ಎದುರಿಸುತ್ತಿರುವ ಆರೋಪಿಯ ಪರ ಸಾವಿರಾರು ವಕೀಲರು ರಸ್ತೆಗಿಳಿದು ಹೋರಾಟ ಮಾಡುತ್ತಿದ್ದಾರೆಂದರೆ ಈ ಪ್ರಕರಣದಲ್ಲಿ ಸಾಕಷ್ಟು ಗೊಂದಲಗಳಿವೆ ಮತ್ತು ಸುಳ್ಳಾರೋಪ ಕೋಡಾ ಇರ್ಬಹುದು.

ಮೊನ್ನೆಯಿಂದ ನಾನು ನೋಡುತ್ತಿದ್ದೇನೆ ಕೆಲವು ಸಾಮಾಜಿಕ ಜಾಲತಾಣಗಳಲ್ಲಿ ಈ ಅತ್ಯಾಚಾರದ ಪ್ರಕರಣಕ್ಕೆ ಧಾರ್ಮಿಕ ಲೇಪನ ಅಂಟಿಸುತ್ತಿದ್ದಾರೆ ತೊಂದರೆ ಇಲ್ಲ ಮತ್ತು ಇದೆನ್ನು ಹೊಸದೇನಲ್ಲ

 

೧ ) ಆಶಿಫಾಳ್ ಅತ್ಯಾಚಾರ ಯಾವ ದೇವಸ್ಥಾನದಲ್ಲಿ ನಡೆದಿತ್ತು ಆ ದೇವಸ್ಥಾನದ ಹೆಸ್ರಯಾಕೆ ಬಹಿರಂಗ ಪಡಿಸುತ್ತಿಲ್ಲ

 

೨ ) ( ಆಶಿಫಾಳ್ ತಂದೆಯ ಹೇಳಿಕೆ ) ಒಂದು ವಾದವರೆಗೆ ಆಶಿಫಾಳನ್ನು ಎಲ್ಲಾ ಕಡೆಗೇ ಹುಡುಕಿದೀವಿ ಎಲ್ಲಿಯೂ ಸಿಗಲಿಲ್ಲ ಕೊನೆಗೆ ದೇವಸ್ಥಾನದಲ್ಲಿ ಮೃತಪಟ್ಟು ಶವಯಾಗಿ ಸಿಕ್ಳು. ಹಾಗಾದ್ರೆ ಒಂದು ವಾರದವರೆಗೆ ದೇವಸ್ಥಾನಕ್ಕೆ ಯಾರು ಬರಬಾರದಂತ ಸರ್ಕಾರ ರಜೆ ಕೊಟ್ಟೀತ್ತಾ ?

 

೩ ) ಇನ್ನು ಕೆಲವರ ಹೇಳಿಕೆಯ ಪ್ರಕಾರ ಅತ್ಯಾಚಾರಿ ಅತ್ಯಾಚಾರ ಮಾಡುವಾಗ ಜೈ ಶ್ರೀ ರಾಮ ಅಂತ ಘೋಷಣೆ ಕೂಗುತ್ತಿದ್ದಂತೆ ಛೇ ಎಷ್ಟ ಮಸ್ಕಾರಿ ಮಾಡ್ತಾರಲ್ವಾ ನಾಯಿಗಳು

ಅವ್ನು ಜೈ ಶ್ರೀ ರಾಮ ಘೋಷಣೆ ಕೂಗಿ ಅತ್ಯಾಚಾರ ಮಾಡುವುದನ್ನು ಯಾರು ಕೇಳಿಸಿಕೊಂಡಿದ್ದು ಅವ್ನನ್ಯಾಕ್ಕೆ ಆ ಬಾಲಕಿಯನ್ನು ರಾಕ್ಷಸರ ಕೈಯಿಂದ ಕಾಪಾಡಲಿಲ್ಲ ?

ಅಥವಾ ಅತ್ಯಾಚಾರ ನಡೆಯುವ ದೃಶ್ಯವನ್ನು ಮೊಬೈಲ್ನಲ್ಲಿ ಸೆರೆ ಹಿಡಿಯುತ್ತಿದ್ದ ?

 

೪ ) ಜಮ್ಮು ಕಾಶ್ಮೀರದಲ್ಲಿ ಪರ್ಸೆಂಟಕ್ಕಿಂತ ಹೆಚ್ಚು ಮುಸ್ಲಿಮರು ಇದ್ದಾರೆ ನೋಟ್ this point ಅಲ್ಲಿ ಹಿಂದೂಗಳಿಗೆ ರಕ್ಷಣೆ ಇಲ್ವೇ ಇಲ್ಲ ಈ ಹಿಂದೆ ಸಾಕಷ್ಟು ಭಾರೀ ದೇವಸ್ಥಾನಗಳು ದ್ವಂಸ ಗೊಂಡಿವೆ ಮತ್ತು ದೇವಸ್ಥಾನಗಳಲ್ಲಿ ಮಾಂಸ ಎಸೆದು ಹಿಂದೂಗಳ ಭಾವನೆಗೆ ಧಕ್ಕೆ ತರುವ ಪ್ರಯತ್ನ ಕೋಡಾ ಆಗಿದೆ ಇದೇ ಕಾರಣಕ್ಕೆ ಅಪರಾಧಿಗಳನ್ನು ಹಿಡಿಯಲು ಎಲ್ಲಾ ದೇವಸ್ಥಾನಗಳಲ್ಲಿ  ಸಿ ಸಿ ಟಿ ವಿ ಕ್ಯಾಮೆರಾ ಅಳವಡಿಸುವುದು ಕಡ್ಡಾಯಗೊಳಿದ್ದಾರೆ

 

೫ ) ಅತ್ಯಾಚಾರಕ್ಕೇ ಒಳಗಾದ ಬಾಲಕಿಯ ಹೆಸ್ರು ಧರ್ಮ ಅತ್ಯಾಚಾರ ಗೈದ ಆರೋಪಿಯ ಹೆಸ್ರು ಧರ್ಮ ಅತ್ಯಾಚಾರ ನಡೆದ ಸ್ಥಳದ ಬಗ್ಗೆ ಬಹಿರಂಗ ಪಡಿಸಿದ್ದೀರಿ ಅಂದ್ಮೇಲೆ ಸಿ ಸಿ ಟೀ ವಿ ಪೋಟ್ಯಾಜ್ ಯಾಕೇ ಬಹಿರಂಗ ಪಡಿಸುತ್ತಿಲ್ಲ

ಅತ್ಯಾಚಾರ ಅಲ್ಲೇ ನಡೆದಿದೆಯೋ ಅದೇ ವ್ಯಕ್ತಿಗಳು ಅತ್ಯಾಚಾರ ಗೈದಿದ್ದಾರೆ ಅನ್ನುವುದಕ್ಕೆ ಸಿ ಸಿ ಟಿ ವಿ ಫೂಟ್ಯಾಜ್ ನಲ್ಲಿ ಇದ್ದೆ ಇರುತ್ತದೆ ಇದನ್ನು ಕೋಡಾ ಬಹಿರಂಗ ಪಡಿಸಿ ನೋಡೋಣ ಸತ್ಯ ಸತ್ಯತೇ ಗೊತ್ತಾಗುತ್ತದೆ

 

ಹೇಳುವುದಕ್ಕೇ ಇನ್ನು ಸಾಕಷ್ಟು ದೋಷಗಳಿವೆ ಚರ್ಚೆಯಲ್ಲಿ ನೋಡೋಣ

ಚಾರ್ಜಸಿಟ್ನಲ್ಲಿ ಸುಳ್ಳಾರೋಪ ಕೋಡಾ ಬರೆಯಬಹುದು

ಈ ಹಿಂದೆಯೂ ಸಾಕಷ್ಟು ಪ್ರಕರಣಗಳಲ್ಲಿ ಬರೆದಿದ್ದಾರೆ

Anjana Sagar
 - 
Monday, 16 Apr 2018

Those who think that Kathua gang-rape and murder case is unnecessarily being communalized and blown out of the proportion for political reasons should understand following points:

 

1)When the mutilated dead body of the girl was found and the culprits were identified, the innocent parents of the victim did not give the case a communal tinge. Not a single Muslim organization in India tried to drag a community or religion into this case.

 

2)The preliminary investigation sent shockwaves across the world. The culprits reveled that they resorted to such a heinous crime just to threaten the community of the victim and drive them away from village. One of the rapists also revealed that he felt bad to rape a small girl but it was necessary for their “cause”!

 

3)After the arrest of the accused, Hindu Ekta Manch staged a protest demanding the release of the accused. They also demanded that the case should be handed over to the CBI which is fully under the control of union BJP government. Two of the prominent speakers at the protest said that the accused should be released because they are Hindus and victims is a nomadic Muslim. Two BJP ministers also took part in the protest and defended the accused.

 

4)When the two ministers who defended the rapists were forced to tender their resignation, the BJP said that they did not commit anything wrong!

 

5)When Deepika Singh Rajawat, a woman lawyer took up the case, she was threatened by the so called Hindutva groups. The president of the Jammu High Court Bar Association abused her and asked her to stay away from the case.

 

6)In spite of all these facts, the parents of the victim did see it as a communal case. In fact they don’t even know that communal hatred can instigate people to commit such heinous crime. When people started asking how can those Hindutva groups justify a rape saying that victim was a Muslim and culprits were Hindus, BJP leaders started accusing Opposition of communalizing the case! Who communalized the case: The self-proclaimed Hindutva groups or the family and supporters of the victim?

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News Network
January 12,2020

Bengaluru, Jan 12: Chief Justice of India, Sharad Arvind Bobde on Saturday hinted at the possibility of Artificial Intelligence being developed for the court system while making it clear that it will never replace human discretion.

Speaking at an event here, Bobde said, "We have a possibility of developing Artificial Intelligence for the court system. Only for the purpose of ensuring that the undue delay in justice is prevented."

"I must make it clear at the outset as there are times when even judges have asked this. AI is not going to replace human judges or human discretion", he added.

Sharing more details of his vision, he stated, "It is only the repetitive, mathematical and mechanical parts of the judgments for which help can be taken from the system...we are exploring the possibility of implementing it."

Bobde stressed on the requirement of developing AI for judiciary while outlining the number of pending cases in different courts.

"Some people are in jail for 10-15 years and we are not in position to deal with their appeals. The high court's and Supreme Court take so long and ultimately the courts feel that it is just to release them on bail", he said.

Bobde also endorsed employing every talent and skill to ensure delivery of justice in a reasonable time.

"We must employ every talent, every skill we possess to ensure that justice is received within reasonable time. Delay in justice can't be a reason for anybody to take law into their hands. But it's very important for us as courts to ensure there's no undue delay in justice", he said.

CJI Bobde also highlighted the need for pre-litigation mediation and said, "Pre-litigation mediation is the need of the hour especially in the backdrop of a significant pendency that the courts are tackling with. There are innumerable areas where pre-litigation mediation could solve the problem."

He also stressed that the position of a judge is very unique under the constitution and they have to deal with a variety of problems.

"The foundation of civilisation rests on the law. Judicial officers have to deal with a variety of problems...Judges without adequate knowledge, skills and experience may cause distortion, delay and miscarriage of justice", he said.

Earlier in the day, Chief Justice of India Bobde inaugurated the phase-1 of the new building of the Karnataka Judicial Academy on Crescent Road in Bengaluru.

The new building has three floors, besides, the ground floor and two basement floors.

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News Network
January 30,2020

Bengaluru, Jan 30: Karnataka Chief Minister B S Yediyurappa, who reached the national capital on Thursday, said he will discuss the much-awaited Ministry expansion with the BJP high command.

"It's been long that I visited Delhi. I will meet the party national president J P Nadda and Home Minister Amit Shah and take their suggestions on the cabinet expansion," Yediyurappa told reporters.

The chief minister said he will also call on Finance Minister Nirmala Sitharaman and Petroleum Minister Dharmendra Pradhan and discuss about development issues related to Karnataka.

Yediyurappa has been anxiously waiting for the high command's nod to expand his ministry amid intense lobbying by the aspirants.

Opposition parties have been critical of the BJP and Yediyurappa over the delay in cabinet expansion, alleging that he was weak and that the administration had collapsed.

As the chief minister has already made it clear that 11 of the disqualified JDS-Congress MLAs who got re-elected in the bypolls on BJP tickets will be made ministers, lobbying has been on in the party for the remaining ministerial berths.

Currently, there are 18 Ministers, including the chief minister in the cabinet that has a sanctioned strength of 34. Sixteen berths are vacant.

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News Network
April 28,2020

Bengaluru, Apr 28: Karnataka has found that the rapid antibody test kits for COVID-19 that the Centre supplied to the state have only 47% sensitivity. The state will be returning the kits to the Indian Council of Medical Research (ICMR).

Karnataka had received 11,400 rapid antibody test kits from the ICMR a few days back, out of which it had sent around 200 of them to NIMHANS for validation.

After the ICMR, on Monday, sent a circular to all states to return the test kits to the suppliers, Dr CN Manjunath, Director, Jayadeva Institute of Cardiovascular Sciences and Research, and nodal officer for lab testing in the state's COVID-19 task force, said, "We have cancelled the orders we placed to Guangzhou Wondfo Biotech and Zhuhai Livzon Diagnostics for one lakh rapid antibody test kits. Since the ICMR supplied us with 11,400 kits out of the 6.5 lakh kits it procured, we will be returning the kits to them."

Manjunath told said that the validation at NIMHANS revealed the kits to have only 47% sensitivity. Sensitivity is the ability of a test to identify the true-positives in a population, i.e., the actual number of people who've been infected with the disease. With the rapid antibody testing kits being shelved, the state's plan to randomly test high risk groups has taken a backseat. 

So far, the state has tested 43,791 samples. 

Karnataka now has 22 testing facilities -- 14 government and seven private labs. Many private labs have not tested any samples so far because of the lack of test kits (the state has made it clear that it will not provide test kits to private labs). So, getting an ICMR approval for testing has become a moot point.p

Agreeing to the setback the state's plans of ramping up testing has taken, Manjunath said, "It is true that RT-PCR test kits are in shortage. Even Pune's Mylabs had a shortage in supplying test kits. But we are relying on institutes like Kidwai, Narayana Health and Biocon's Syngene that have received approval for testing. They're big institutes and we hope that they will test a large number of samples."

On reports that the Centre has RT-PCR test kits that will last for only a week, he said, "We have test kits that will last for eight to 10 days. We have ordered for more. We are hoping to receive them before the current kits run out."

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