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 6,2020

Jammu, Jan 6: Union Minister Jitendra Singh on Sunday said India is the only shelter for religiously persecuted Hindus, Sikhs and other minorities who come from Pakistan, Bangladesh or Afghanistan, for the safety of their life and honour.

"India owes responsibility towards the minorities living in these countries which proclaim Islam as their state religion," Singh said here while launching the BJP's countrywide 10-day mass contact drive to spread awareness about the Citizenship Amendment Act (CAA).

Accompanied by senior party colleagues, including former deputy chief minister Kavinder Gupta and former minister Sat Sharma, he began by visiting the house of veteran columnist, writer and Padmashri awardee K L Pandita, where he spent time with them discussing the Act.

Later, he visited prominent social activist Amjad Mirza, eminent Sikh religious leader Baba Swaranjit Singh, retired High Court judge Justice G D Sharma, veteran journalist and former bureau head of Hind Samachar group Gopal Sachar, retired principal of Jammu government medical college Subhash Gupta, social activist and president of Peoples' Forum Ramesh Sabharwal, among others.

During his interaction with them, the Minister of State in the Prime Minister's Office claimed that Congress leaders and their allies protesting against the Act are doing so without "conviction".

He opined that if a "survey" was conducted among the family members of these Congress leaders, then, even they would not support their "anti-CAA stand".

"The tragedy of Congress party and contemporary leaders of Congress is that either they do not read their own history or are blissfully ignorant of the statements made by their own party patriarchs and former prime ministers," he said.

The minister recalled that the Nehru-Liaquat Pact of 1950 was inspired by the realisation on the part of the then Congress government headed by prime minister Jawaharlal Nehru that minorities, particularly Hindus, were not getting a fair deal in Pakistan.

"In 1949, Nehru had written a letter expressing concern about people coming in from then East Pakistan, which is now Bangladesh, and while doing so, he had referred to Hindus coming from there as 'refugees' and Muslims arriving here as 'immigrants'," Singh said.

Further, Nehru had stated that India owed a "responsibility" to these refugees, the minister said.

Referring to the opposition of senior Congress leaders Rahul Gandhi and Priyanka Gandhi to the amended legislation, the minister said someone should show them records of proceedings of the winter session of Parliament in 1950 when their great-grandfather (Nehru) had himself said that they deserved to be given citizenship and if the law was inadequate for it, then, the law should be changed.

"PM Modi should actually be given credit for showing courage and conviction to carry forward the task, which the Congress government lacked, to accomplish this," the minister opined.

Singh reiterated that a false fear psychosis against Muslims is being sought to be manufactured when there is no place as safe and comfortable to live for the community as India.

Turning the tables on the opposition to the National Population Register(NPR) and proposed National Register of Citizens (NRC), Singh pointed out that PM Modi and Union Home Minister Amit Shah have been stating that the exercise on NRC is yet to begin.

He also said that it was then Union home minister P Chidambaram, who had stated in Parliament in 2010 that NPR could be a basis for NRC.

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News Network
February 6,2020

Mysuru, Feb 6: Karnataka Health Minister B Sriramulu on Thursday said that he would consult experts in Ayurveda and other streams over coronavirus issue.

Speaking to the media here, he said that ''So far no positive case has been reported in the state''.

''However, the Health department officials have taken all precautionary measures to check the epidemic'', he further said.

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News Network
February 14,2020

London, Feb 14: Liquor tycoon Vijay Mallya once again asked the Indian banks to take back 100 per cent of the principal amount owed to them at the end of his three-day British High Court appeal on Thursday against an extradition order to India.

The 64-year-old former Kingfisher Airlines boss, wanted in India on charges of fraud and money laundering amounting to an alleged Rs 9,000 crores in unpaid bank loans, said the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) are fighting over the same assets and not treating him reasonably in the process.

“I request the banks with folded hands, take 100 per cent of your principal back, immediately,” he said outside the Royal Courts of Justice in London.

“The Enforcement Directorate attached the assets on the complaint by the banks that I was not paying them. I have not committed any offenses under the PMLA (Prevention of Money Laundering Act) that the Enforcement Directorate should suo moto attach my assets," he said.

"I am saying, please banks take your money. The ED is saying no, we have a claim over these assets. So, the ED on the one side and the banks on the other are fighting over the same assets,” he added.

Asked about heading back to India, he noted: “I should be where my family is, where my interests are.

"If the CBI and the ED are going to be reasonable, it’s a different story. What all they are doing to me for the last four years is totally unreasonable.”

Lord Justice Stephen Irwin and Justice Elisabeth Laing, the two-member bench presiding over the appeal, concluded hearing the arguments in the case and said they will be handing down their verdict at a later date after considering the oral as well as written submissions in the “very dense” case over the next few weeks.

On a day of heated arguments between Mallya’s barrister, Clare Montgomery, and Crown Prosecution Service (CPS) counsel Mark Summers, arguing on behalf of the Indian government, both sides clashed over the prima facie case of fraud and deception against Mallya.

“We submit that he lied to get the loans, then did something with the money he wasn’t supposed to and then refused to give back the money. All this could be perceived by a jury as patently dishonest conduct,” said Summers.

“What they [Kingfisher Airlines] were saying [to the banks] about profitability going forward was knowingly wrong,” he said, as he took the High Court through evidence to counter Mallya’s lawyers’ claims that Westminster Magistrates Court Judge Emma Arbuthnot had fallen into error when she found a case to answer in the Indian courts against Mallya.

Mallya, who remains on bail on an extradition warrant, is not required to attend the hearings but has been in court to observe the proceedings since the three-day appeal opened on Tuesday. A key defence to disprove a prima facie case of fraud and misrepresentation on his part has revolved around the fact that Kingfisher Airlines was the victim of economic misfortune alongside other Indian airlines.

However, the CPS has argued that “there is enough in the 32,000 pages of overall evidence to fulfil the [extradition] treaty obligations that there is a case to answer”. “There is not just a prima facie case but overwhelming evidence of dishonesty… and given the volume and depth of evidence the District Judge [Arbuthnot] had before her, the judgment is comprehensive and detailed with the odd error but nothing that impacts the prima facie case,” said Summers.

At the start of the appeal, Mallya’s counsel claimed Arbuthnot did not look at all of the evidence because if she had, she would not have fallen into the multiple errors that permeate her judgment. The High Court must establish if the magistrates’ court had in fact fallen short on a point of law in its verdict in favour of extradition.

Representatives from the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI), as well as the Indian High Commission in London, have been present in court to take notes during the course of the appeal hearing.

Mallya had received permission to appeal against his extradition order signed off by former UK home secretary Sajid Javid last February only on one ground, which challenges the Indian government's prima facie case against him of fraudulent intentions in acquiring bank loans.

At the end of a year-long extradition trial at Westminster Magistrates’ Court in London in December 2018, Judge Arbuthnot had found “clear evidence of dispersal and misapplication of the loan funds” and accepted a prima facie case of fraud and a conspiracy to launder money against Mallya, as presented by the CPS on behalf of the Indian government.

Mallya remains on bail since his arrest on an extradition warrant in April 2017 involving a bond worth 650,000 pounds and other restrictions on his travel while he contests that ruling.

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