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
February 29,2020

Kochi, Feb 29: The Kerala Non-Resident Indians' Commission on Friday passed a resolution to request the Centre and Election Commission (EC) to make appropriate amendments in the Representation of Peoples Act, 1951, to ensure voting rights to the non-resident Indians working abroad. According to People’s Representation Act, 1951, None-Resident Indians (NRIs) can vote by proxy.

The Commission is a statutory body constituted for the welfare of Non-Resident Keralites working outside India.

The Centre had introduced a bill for this purpose which was passed by the Lok Sabha in 2018, but the same has since lapsed.

Therefore, the Kerala NRI Commission decided to request the Centre to consider introducing the bill in the next session of Parliament considering the interest of the NRI community at large.

The resolution was moved by commission member and NRI entrepreneur Shamsheer Vayalil, who is also a petitioner in the writ petition, filed regarding this in the Supreme Court.

"The central government may consider introducing the bill in the next session of the Parliament session considering the interest of the NRI community at large," read the resolution which will now be sent to the Ministry of Law and the Election Commission (EC).

Commission chairman Justice PD Rajan said the right to vote for NRIs is a genuine demand.

"This is the time that we step up pressure on the agencies concerned to implement this. Voting from the workplace would be a different experience for them. It would be a decisive step," he said.

This fresh development comes at a time when a petition filed in the Supreme Court on the same topic last week came before a bench headed by Justice Deepak Gupta, which considered the case and said it will be heard in April.

"We are expecting a favourable decision from the Supreme Court. We would also approach the NRI commission in other states and request them to raise the same demand," said Vayalil.

If implemented, millions of NRIs around the world would be able to exercise their franchise in the electoral processes of the nation. According to the estimate of the Ministry of External Affairs, there are about 3.10 crore NRIs.

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News Network
March 18,2020

Washington, Mar 18: Hundreds of distressed Indian students, stuck in the Philippines, are seeking help through video messages as they are unable to fly back home due to the travel restrictions imposed by India to contain the spread of the deadly novel coronavirus, according to friends and relatives of some of these students in the US.

The Indian government on Tuesday banned the entry of passengers from Afghanistan, Philippines and Malaysia to India with immediate effect amid stepped up efforts against the spread of COVID-19.

In a video message by one of these students Akhil Bala Nair, around 200 Indian students had booked their flight tickets for India in the next few days. But all of them have been cancelled due to the new policy.

Most of the students, she said, had booked their flights for March 17 and rest were schedule to travel to India on March 19 and 20. But the flights were cancelled and scores of Indian students are now stuck at the airport in Manila, Nair said in the video message sent to Prem Bhandari, head of the Jaipur Foot USA.

“It is need of the hour that the Indian government send a plane to bring these Indian students back home,” Bhandari, who in the past has worked for the cause of the Indian diaspora, and who was approached by these students told PTI.

According to these students, some 100 of them have been at the airport since Tuesday.

They all have confirmed tickets but the airport authorities are not allowing them to check in because of the new travel regulations.

While the airport authorities have asked them to go back to their respective place of residence, the students said they were unable to travel because of the absence of local taxi or shared ride services.

The students said that they are running out of time as the Philippines government has given them 72 hours time to exit the country, which started from March 16, after which the country will go into lockdown.

“This means we would not be able to travel anywhere outside Philippines after March 20,” Nair said in her message.

The students said that there are many of them who have applied for renewal of their visas and are unable to travel to India.

There are nearly 1,000 Indian students presently in Manila who are willing to travel back home, they said.

Meanwhile, the Indian Embassy in Manila, in a tweet, said that they, along with the Ministry of External Affairs, are trying to work out a solution.

“It is requested to all to kindly have patience,” the embassy said.

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coastaldigest.com news network
February 14,2020

Bengaluru, Feb 14: In a major embarrassment to the police, the Karnataka High Court has termed as illegal the prohibitory orders imposed under Section 144 of CrPC by the City Police Commissioner in December 2019 in the light of the anti-Citizenship Amendment Act (CAA) protests in Bengaluru.

The orders were passed “without application of mind” and without following due procedures, the court noted. Giving reasons for upholding the arguments of the petitioners that there was no application of mind by the Police Commissioner (Bhaskar Rao) before imposing restrictions, a division bench of the High Court said he had not recorded the reasons, except reproducing the contents of letters addressed to him by the Deputy Commissioners of Police (DCPs). 

The state government had contended that prohibitory orders were passed based on reports submitted by the DCPs who expressed apprehension about anti-social elements creating law and order problems and damaging public property by taking advantage of the anti-CAA protests.  

The High Court bench said the Police Commissioner should have conducted inquiry as stated by the Supreme Court to check the reasons cited by the DCPs who submitted identical reports. Except for this, there were no facts laid out by the Police Commissioner, the court said.

“There is complete absence of reasons. If the order indicated that the Police Commissioner was satisfied by the apprehension of DCPs, it would have been another matter,” it said.  

“The apex court has held that it must record the reasons for imposition of restrictions and there has to be a formation of opinion by the district magistrate. Only then can  the extraordinary powers conferred on the district magistrate can be exercised. This procedure was not followed. Hence, exercise of power under Section 144 by the commissioner, as district magistrate, was not at all legal”, the bench said. 

“We hold that the order dated December 18, 2019 is illegal and cannot stand judicial scrutiny in terms of the apex court’s orders in the Ramlila Maidan case and Anuradha Bhasin case,” the HC bench said while upholding the arguments of Prof Ravivarma Kumar, who appeared for some of the petitioners.   

Partly allowing a batch of public interest petitions questioning the imposition of prohibitory orders and cancelling the permission granted for protesters in the city, the bench of Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar observed that, unfortunately, in the present case, there was no indication of application of mind in passing prohibitory orders.

The bench said the observation was confined to this order only and it cannot be applicable in general. If there is a similar situation (necessitating imposition of restrictions), the state is not helpless, the court said.

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