Archive for October, 2009

Do the Mentally Retarded ve the Right to Refuse Abortion After Rape?

foetal_attraction_thumb_200Do the mentally retarded have the right to take their own decisions? Whether or not there exist support systems that should equip them to take informed ones?

The Indian Supreme Court judgement in September 2009 on a contentious issue—whether a mentally retarded orphan can decide whether or not to deliver a child conceived from rape—has raised more questions than it has answered.  

The matter relates to a 19-year-old girl living in a state-run orphanage in Chandigarh who was raped a few months ago by the very guards who stand watch at the facility. The resulting pregnancy and the question of whether the foetus should have been aborted “in the best interest” of the girl has got lawyers, administrators, jurists and disability activists across the country in a tizzy.

In its much-awaited verdict, which took the line that the pregnancy should continue, the Supreme Court has relied mainly on the fact that this girl, who is mentally retarded, “consented” to bearing the child.

In not permitting the Chandigarh administration to terminate the girl’s pregnancy, the apex court took two factors into account. Firstly, it interpreted the Medical Termination of Pregnancy Act, 1971, as respecting “the personal autonomy” of mentally retarded persons above the age of 18, stating that while, under the Act, a guardian can make decisions on behalf of mentally ill persons, “the same cannot be done on behalf of a mentally retarded person”.

Secondly, since the Chandigarh girl was close to the 20-week limit for terminating a pregnancy when the matter reached the SC, such a late abortion could have endangered her life.  

Some have hailed the judgement as “forward-looking” because, for the first time, it takes the consent of a mentally retarded woman into account in determining whether she can deliver a baby. Chairperson of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, stresses that it reflects a shift away from the old thinking that persons with intellectual disability cannot take decisions. However, while she welcomes “the recognition of their legal capacity”, she adds that the mentally retarded need to be provided support to enable them to take proper decisions.

That such support was conspicuous by its absence in the case of the Chandigarh girl, said to have a mental age of between 7 and 9 years, partly explains the controversy over the SC judgement. Even after the rape was widely reported in the media, no institution came to her assistance to counsel her about the implications of motherhood. The SC has taken her childlike desire to give birth to the baby because she saw it as a playmate or toy as “consent”, rejecting the view of a specially constituted committee of psychiatrists, doctors and social workers which expressed reservations about her capacity to take independent decisions.

The problem lies in determining her point of view. The law requires that she be supported in every way possible so that she makes an informed decision. If the woman’s point of view can’t be determined, then the guardian or the court must take a decision in the best interest of the woman.

This is where things become muddled. The National Trust Act, 1999, provides for a legal guardian for people over 18 with mental disability (a term that covers both the mentally retarded and the mentally ill) if they need one, but the Supreme Court judgement clearly states that the mentally retarded do not require such guardians. Moreover, it does not differentiate between mild or severe retardation.

Says a senior counsel for the Chandigarh administration who argued the case in the SC, “The SC judgement errs in making a distinction between the mentally ill and the mentally retarded. The distinction is more legal than scientific and would break down completely in the case of severe and profound retardedness.”

Some disability activists, are not just disturbed, but actually angry with the judgement. “Would any of us have been willing to carry on with a pregnancy conceived out of rape?” one asks .

Questions an advocate working with the disabled, “Does this girl know her baby will grow up surrounded by mentally challenged women?”

The one positive implication of the judgement, despite its imperfections in relation to the present case, is that it is at least a step towards seeing mentally retarded girls as capable of leading a normal life, getting married and having children.

Historically, Indian society has always had a male bias on the issue. Mentally retarded boys are married off (often to girls from poorer families than their own), giving them the opportunity to produce children and live fulfilling lives, but mentally retarded women rarely do so, and the foetuses they conceive are usually aborted. The judgement is a shot in the arm for groups working on getting mentally retarded girls married in the face of these biases.

As director of Muskaan, a centre for persons with mental disability, and the mother of a disabled child, points out, “The whole question is about understanding that the disabled are a part of human diversity and enrich the fabric of our society.”

Meanwhile at the Chandigarh ‘Ashreya’ home for the mentally disabled, the rape victim awaits her baby, oblivious of the legal storm swirling around her. Has she been wronged against by those who are purportedly helping her, or given an opportunity to lead a normal life? The jury is still out on that one.

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Stop Exploiting the Orissa Mountains for Bauxite: Arundhati Roy

tribal_women_dantewada_20091109The low, flat-topped hills of south Orissa have been home to the Dongria Kondh long before there was a country called India or a state called Orissa. The hills watched over the Kondh. The Kondh watched over the hills and worshipped them as living deities. Now these hills have been sold for the bauxite they contain. For the Kondh it’s as though god has been sold. They ask how much god would go for if the god were Ram or Allah or Jesus Christ?

Perhaps the Kondh are supposed to be grateful that their Niyamgiri hill, home to their Niyam Raja, God of Universal Law, has been sold to a company with a name like Vedanta (the branch of Hindu philosophy that teaches the Ultimate Nature of Knowledge). It’s one of the biggest mining corporations in the world and is owned by Anil Aggarwal, the Indian billionaire who lives in London in a mansion that once belonged to the Shah of Iran. Vedanta is only one of the many multinational corporations closing in on Orissa.

If the flat-topped hills are destroyed, the forests that clothe them will be destroyed too. So will the rivers and streams that flow out of them and irrigate the plains below. So will the Dongria Kondh. So will the hundreds of thousands of tribal people who live in the forested heart of India, and whose homeland is similarly under attack.

In our smoky, crowded cities, some people say, “So what? Someone has to pay the price of progress.” Some even say, “Let’s face it, these are people whose time has come. Look at any developed country, Europe, the US, Australia—they all have a ‘past’.” Indeed they do. So why shouldn’t “we”?

In keeping with this line of thought, the government has announced Operation Green Hunt, a war purportedly against the “Maoist” rebels headquartered in the jungles of central India. Of course, the Maoists are by no means the only ones rebelling. There is a whole spectrum of struggles all over the country that people are engaged in—the landless, the Dalits, the homeless, workers, peasants, weavers. They’re pitted against a juggernaut of injustices, including policies that allow a wholesale corporate takeover of people’s land and resources. However, it is the Maoists who the government has singled out as being the biggest threat. Two years ago, when things were nowhere near as bad as they are now, the prime minister described the Maoists as the “single-largest internal security threat” to the country. This will probably go down as the most popular and often-repeated thing he ever said. For some reason, the comment he made on January 6, 2009, at a meeting of state chief ministers, when he described the Maoists as having only “modest capabilities” doesn’t seem to have had the same raw appeal. He revealed his government’s real concern on June 18, 2009, when he told Parliament: “If left-wing extremism continues to flourish in parts which have natural resources of minerals, the climate for investment would certainly be affected.”  

Who are the Maoists? They are members of the banned Communist Party of India (Maoist)—CPI (Maoist)—one of the several descendants of the Communist Party of India (Marxist-Leninist), which led the 1969 Naxalite uprising and was subsequently liquidated by the Indian government. The Maoists believe that the innate, structural inequality of Indian society can only be redressed by the violent overthrow of the Indian State. In its earlier avatars as the Maoist Communist Centre (MCC) in Jharkhand and Bihar, and the People’s War Group (PWG) in Andhra Pradesh, the Maoists had tremendous popular support. (When the ban on them was briefly lifted in 2004, one-and-a-half million people attended their rally in Warangal.) But eventually their intercession in Andhra Pradesh ended badly. They left a violent legacy that turned some of their staunchest supporters into harsh critics. After a paroxysm of killing and counter-killing by the Andhra police as well as the Maoists, the PWG was decimated. Those who managed to survive fled Andhra Pradesh into neighbouring Chhattisgarh. There, deep in the heart of the forest, they joined colleagues who had already been working there for decades.

Not many ‘outsiders’ have any first-hand experience of the real nature of the Maoist movement in the forest. A recent interview with one of its top leaders, Comrade Ganapathy, in Open magazine didn’t do much to change the minds of those who view the Maoists as a party with an unforgiving, totalitarian vision, which countenances no dissent whatsoever. Comrade Ganapathy said nothing that would persuade people that, were the Maoists ever to come to power, they would be equipped to properly address the almost insane diversity of India’s caste-ridden society. His casual approval of the Liberation Tigers of Tamil Eelam (LTTE) of Sri Lanka was enough to send a shiver down even the most sympathetic of spines, not just because of the brutal ways in which the LTTE chose to wage its war, but also because of the cataclysmic tragedy that has befallen the Tamil people of Sri Lanka, who it claimed to represent, and for whom it surely must take some responsibility.  

Right now in central India, the Maoists’ guerrilla army is made up almost entirely of desperately poor tribal people living in conditions of such chronic hunger that it verges on famine of the kind we only associate with sub-Saharan Africa. They are people who, even after 60 years of India’s so-called Independence, have not had access to education, healthcare or legal redress. They are people who have been mercilessly exploited for decades, consistently cheated by small businessmen and moneylenders, the women raped as a matter of right by police and forest department personnel. Their journey back to a semblance of dignity is due in large part to the Maoist cadre who have lived and worked and fought by their side for decades.

If the tribals have taken up arms, they have done so because a government which has given them nothing but violence and neglect now wants to snatch away the last thing they have—their land. Clearly, they do not believe the government when it says it only wants to “develop” their region. Clearly, they do not believe that the roads as wide and flat as aircraft runways that are being built through their forests in Dantewada by the National Mineral Development Corporation are being built for them to walk their children to school on. They believe that if they do not fight for their land, they will be annihilated. That is why they have taken up arms.

Even if the ideologues of the Maoist movement are fighting to eventually overthrow the Indian State, right now even they know that their ragged, malnutritioned army, the bulk of whose soldiers have never seen a train or a bus or even a small town, are fighting only for survival.

In 2008, an expert group appointed by the Planning Commission submitted a report called ‘Development Challenges in Extremist-Affected Areas’. It said, “the Naxalite (Maoist) movement has to be recognised as a political movement with a strong base among the landless and poor peasantry and adivasis. Its emergence and growth need to be contextualised in the social conditions and experience of people who form a part of it. The huge gap between state policy and performance is a feature of these conditions. Though its professed long-term ideology is capturing state power by force, in its day-to-day manifestation, it is to be looked upon as basically a fight for social justice, equality, protection, security and local development.” A very far cry from the “single-largest internal security threat”. Since the Maoist rebellion is the flavour of the week, everybody, from the sleekest fat cat to the most cynical editor of the most sold-out newspaper in this country, seems to be suddenly ready to concede that it is decades of accumulated injustice that lies at the root of the problem. But instead of addressing that problem, which would mean putting the brakes on this 21st century gold rush, they are trying to head the debate off in a completely different direction, with a noisy outburst of pious outrage about Maoist “terrorism”. But they’re only speaking to themselves.  

The people who have taken to arms are not spending all their time watching (or performing for) TV, or reading the papers, or conducting SMS polls for the Moral Science question of the day: Is Violence Good or Bad? SMS your reply to…. They’re out there. They’re fighting. They believe they have the right to defend their homes and their land. They believe that they deserve justice

In order to keep its better-off citizens absolutely safe from these dangerous people, the government has declared war on them. A war, which it tells us, may take between three and five years to win. Odd, isn’t it, that even after the Mumbai attacks of 26/11, the government was prepared to talk with Pakistan? It’s prepared to talk to China. But when it comes to waging war against the poor, it’s playing hard. It’s not enough that Special Police—with totemic names like Greyhounds, Cobras and Scorpions—are scouring the forests with a licence to kill. It’s not enough that the Central Reserve Police Force (CRPF), the Border Security Force (BSF) and the notorious Naga Battalion have already wreaked havoc and committed unconscionable atrocities in remote forest villages. It’s not enough that the government supports and arms the Salwa Judum, the “people’s militia” that has killed and raped and burned its way through the forests of Dantewada leaving three hundred thousand people homeless, or on the run. Now the government is going to deploy the Indo-Tibetan Border Police and tens of thousands of paramilitary troops. It plans to set up a brigade headquarters in Bilaspur (which will displace nine villages) and an air base in Rajnandgaon (which will displace seven). Obviously, these decisions were taken a while ago. Surveys have been done, sites chosen. Interesting. War has been in the offing for a while. And now the helicopters of the Indian air force have been given the right to fire in “self-defence”, the very right that the government denies its poorest citizens.

Fire at whom? How in god’s name will the security forces be able to distinguish a Maoist from an ordinary person who is running terrified through the jungle? Will adivasis carrying the bows and arrows they have carried for centuries now count as Maoists too? Are non-combatant Maoist sympathisers valid targets? When I was in Dantewada, the Superintendent of Police showed me pictures of 19 “Maoists” who “his boys” had killed. I asked him how I was supposed to tell they were Maoists. He said, “See Ma’am, they have malaria medicines, Dettol bottles, all these things from outside.”

What kind of war is Operation Green Hunt going to be? Will we ever know? Not much news comes out of the forests. Lalgarh in West Bengal has been cordoned off. Those who try to go in are being beaten and arrested. And called Maoists of course. In Dantewada, the Vanvasi Chetana Ashram, a Gandhian ashram run by Himanshu Kumar, was bulldozed in a few hours. It was the last neutral outpost before the war zone begins, a place where journalists, activists, researchers and fact-finding teams could stay while they worked in the area.

Meanwhile, the Indian establishment has unleashed its most potent weapon. Almost overnight, our embedded media has substituted its steady supply of planted, unsubstantiated, hysterical stories about ‘Islamist Terrorism’ with planted, unsubstantiated, hysterical stories about ‘Red Terrorism’. In the midst of this racket, at Ground Zero, the cordon of silence is being inexorably tightened. The ‘Sri Lanka Solution’ could very well be on the cards. It’s not for nothing that the Indian government blocked a European move in the UN asking for an international probe into war crimes committed by the government of Sri Lanka in its recent offensive against the Tamil Tigers.

The first move in that direction is the concerted campaign that has been orchestrated to shoehorn the myriad forms of resistance taking place in this country into a simple George Bush binary: If you are not with us, you are with the Maoists. The deliberate exaggeration of the Maoist ‘threat’ helps the State to justify militarisation. (And surely does no harm to the Maoists. Which political party would be unhappy to be singled out for such attention?) While all the oxygen is being used up by this new doppelganger of the War on Terror, the State will use the opportunity to mop up the hundreds of other resistance movements in the sweep of its military operation, calling them all Maoist sympathisers. I use the future tense, but this process is well under way. The West Bengal government tried to do this in Nandigram and Singur but failed. Right now in Lalgarh, the Pulishi Santrash Birodhi Janasadharaner Committee or the People’s Committee Against Police Atrocities—which is a people’s movement that is separate from, though sympathetic to, the Maoists—is routinely referred to as an overground wing of the CPI (Maoist). Its leader, Chhatradhar Mahato, now arrested and being held without bail, is always called a “Maoist leader”. We all know the story of Dr Binayak Sen, a medical doctor and a civil liberties activist, who spent two years in jail on the absolutely facile charge of being a courier for the Maoists. While the light shines brightly on Operation Green Hunt, in other parts of India, away from the theatre of war, the assault on the rights of the poor, of workers, of the landless, of those whose lands the government wishes to acquire for “public purpose”, will pick up pace. Their suffering will deepen and it will be that much harder for them to get a hearing. Once the war begins, like all wars, it will develop a momentum, a logic and an economics of its own. It will become a way of life, almost impossible to reverse. The police will be expected to behave like an army, a ruthless killing machine. The paramilitary will be expected to become like the police, a corrupt, bloated administrative force. We’ve seen it happen in Nagaland, Manipur and Kashmir. The only difference in the ‘heartland’ will be that it’ll become obvious very quickly to the security forces that they’re only a little less wretched than the people they’re fighting. In time, the divide between the people and the law enforcers will become porous. Guns and ammunition will be bought and sold. In fact, it’s already happening. Whether it’s the security forces or the Maoists or non-combatant civilians, the poorest people will die in this Rich People’s War. However, if anybody believes that this war will leave them unaffected, they should think again. The resources it’ll consume will cripple the economy of this country.  

Last week, civil liberties groups from all over the country organised a series of meetings in Delhi to discuss what could be done to turn the tide and stop the war. The absence of Dr Balagopal, one of the best-known civil rights activists of Andhra Pradesh, who died two weeks ago, closed around us like a physical pain. He was one of the bravest, wisest political thinkers of our time and left us just when we needed him most. Still, I’m sure he would have been reassured to hear speaker after speaker displaying the vision, the depth, the experience, the wisdom, the political acuity and, above all, the real humanity of the community of activists, academics, lawyers, judges and a range of other people who make up the civil liberties community in India. Their presence in the capital signalled that outside the arclights of our TV studios and beyond the drumbeat of media hysteria, even among India’s middle classes, a humane heart still beats. Small wonder then that these are the people who the Union home minister recently accused of creating an “intellectual climate” that was conducive to “terrorism”. If that charge was meant to frighten people, to cow them down, it had the opposite effect.

The speakers represented a range of opinion from the liberal to the radical Left. Though none of those who spoke would describe themselves as Maoist, few were opposed in principle to the idea that people have a right to defend themselves against State violence. Many were uncomfortable about Maoist violence, about the ‘people’s courts’ that delivered summary justice, about the authoritarianism that was bound to permeate an armed struggle and marginalise those who did not have arms. But even as they expressed their discomfort, they knew that people’s courts only existed because India’s courts are out of the reach of ordinary people and that the armed struggle that has broken out in the heartland is not the first, but the very last option of a desperate people pushed to the very brink of existence. The speakers were aware of the dangers of trying to extract a simple morality out of individual incidents of heinous violence, in a situation that had already begun to look very much like war. Everybody had graduated long ago from equating the structural violence of the State with the violence of the armed resistance. In fact, retired Justice P.B. Sawant went so far as to thank the Maoists for forcing the establishment of this country to pay attention to the egregious injustice of the system. Hargopal from Andhra Pradesh spoke of his experience as a civil rights activist through the years of the Maoist interlude in his state. He mentioned in passing the fact that in a few days in Gujarat in 2002, Hindu mobs led by the Bajrang Dal and the VHP had killed more people than the Maoists ever had even in their bloodiest days in Andhra Pradesh.  

People who had come from the war zones, from Lalgarh, Jharkhand, Chhattisgarh and Orissa, described the police repression, the arrests, the torture, the killing, the corruption, and the fact that in places like Orissa, they seemed to take orders directly from the officials who worked for the mining companies. People described the dubious, malign role being played by certain NGOs funded by aid agencies wholly devoted to furthering corporate prospects. Again and again they spoke of how in Jharkhand and Chhattisgarh activists as well as ordinary people—anyone who was seen to be a dissenter—were being branded Maoists and imprisoned. They said that this, more than anything else, was pushing people to take up arms and join the Maoists. They asked how a government that professed its inability to resettle even a fraction of the fifty million people who had been displaced by “development” projects was suddenly able to identify 1,40,000 hectares of prime land to give to industrialists for more than 300 Special Economic Zones, India’s onshore tax havens for the rich. They asked what brand of justice the Supreme Court was practising when it refused to review the meaning of ‘public purpose’ in the Land Acquisition Act even when it knew that the government was forcibly acquiring land in the name of ‘public purpose’ to give to private corporations. They asked why when the government says that “the Writ of the State must run”, it seems to only mean that police stations must be put in place. Not schools or clinics or housing, or clean water, or a fair price for forest produce, or even being left alone and free from the fear of the police—anything that would make people’s lives a little easier. They asked why the ‘Writ of the State’ could never be taken to mean justice.

There was a time, perhaps 10 years ago, when in meetings like these, people were still debating the model of “development” that was being thrust on them by the New Economic Policy. Now the rejection of that model is complete. It is absolute. Everyone from the Gandhians to the Maoists agree on that. The only question now is, what is the most effective way to dismantle it?

An old college friend of a friend, a big noise in the corporate world, had come along for one of the meetings out of morbid curiosity about a world he knew very little about. Even though he had disguised himself in a Fabindia kurta, he couldn’t help looking (and smelling) expensive. At one point, he leaned across to me and said, “Someone should tell them not to bother. They won’t win this one. They have no idea what they’re up against. With the kind of money that’s involved here, these companies can buy ministers and media barons and policy wonks, they can run their own NGOs, their own militias, they can buy whole governments. They’ll even buy the Maoists. These good people here should save their breath and find something better to do.”

When people are being brutalised, what ‘better’ thing is there for them to do than to fight back? It’s not as though anyone’s offering them a choice, unless it’s to commit suicide, like the 1,80,000 farmers caught in a spiral of debt have done. (Am I the only one who gets the distinct feeling that the Indian establishment and its representatives in the media are far more comfortable with the idea of poor people killing themselves in despair than with the idea of them fighting back?)

For several years, people in Chhattisgarh, Orissa, Jharkhand and West Bengal—some of them Maoists, many not—have managed to hold off the big corporations. The question now is—how will Operation Green Hunt change the nature of their struggle? What exactly are the fighting people up against?

It’s true that, historically, mining companies have almost always won their battles against local people. Of all corporations, leaving aside the ones that make weapons, they
probably have the most merciless past. They are  cynical, battle-hardened campaigners and when people say ‘Jaan denge par jameen nahin denge (We’ll give away our lives, but never our land)’, it probably bounces off them like a light drizzle on a bomb shelter. They’ve heard it before, in a thousand different languages, in a hundred different countries.

Right now in India, many of them are still in the First Class Arrivals lounge, ordering cocktails, blinking slowly like lazy predators, waiting for the Memorandums of Understanding (MoUs) they have signed—some as far back as 2005—to materialise into real money. But four years in a First Class lounge is enough to test the patience of even the truly tolerant. There’s only that much space they’re willing to make for the elaborate, if increasingly empty, rituals of democratic practice: the (rigged) public hearings, the (fake) Environmental Impact Assessments, the (purchased) clearances from various ministries, the long-drawn-out court cases. Even phony democracy is time-consuming. And time, for industrialists, is money.

So what kind of money are we talking about? In their seminal, soon-to-be-published work, Out of This Earth: East India Adivasis and the Aluminum Cartel, Samarendra Das and Felix Padel say that the financial value of the bauxite deposits of Orissa alone is 2.27 trillion dollars. (More than twice India’s Gross Domestic Product). That was at 2004 prices. At today’s prices it would be about 4 trillion dollars. A trillion has 12 zeroes.

Of this, officially the government gets a royalty of less than 7 per cent. Quite often, if the mining company is a known and recognised one, the chances are that, even though the ore is still in the mountain, it will have already been traded on the futures market. So, while for the adivasis the mountain is still a living deity, the fountainhead of life and faith, the keystone of the ecological health of the region, for the corporation, it’s just a cheap storage facility. Goods in storage have to be accessible. From the corporation’s point of view, the bauxite will have to come out of the mountain. If it can’t be done peacefully, then it will have to be done violently. Such are the pressures and the exigencies of the free market.

That’s just the story of the bauxite in Orissa. Expand the four trillion dollars to include the value of the millions of tonnes of high-quality iron ore in Chhattisgarh and Jharkhand and the 28 other precious mineral resources, including uranium, limestone, dolomite, coal, tin, granite, marble, copper, diamond, gold, quartzite, corundum, beryl, alexandrite, silica, fluorite and garnet. Add to that the power plants, the dams, the highways, the steel and cement factories, the aluminium smelters, and all the other infrastructure projects that are part of the hundreds of MoUs (more than 90 in Jharkhand alone) that have been signed. That gives us a rough outline of the scale of the operation and the desperation of the stakeholders. The forest once known as the Dandakaranya, which stretches from West Bengal through Jharkhand, Orissa, Chhattisgarh, parts of Andhra Pradesh and Maharashtra, is home to millions of India’s tribal people. The media has taken to calling it the Red corridor or the Maoist corridor. It could just as accurately be called the MoUist corridor. It doesn’t seem to matter at all that the Fifth Schedule of the Constitution provides protection to adivasi people and disallows the alienation of their land. It looks as though the clause is there only to make the Constitution look good—a bit of window-dressing, a slash of make-up. Scores of corporations, from relatively unknown ones to the biggest mining companies and steel manufacturers in the world, are in the fray to appropriate adivasi homelands—the Mittals, Jindals, Tata, Essar, Posco, Rio Tinto, BHP Billiton and, of course, Vedanta.  

There’s an MoU on every mountain, river and forest glade. We’re talking about social and environmental engineering on an unimaginable scale. And most of this is secret. It’s not in the public domain. Somehow I don’t think that the plans that are afoot to destroy one of the world’s most pristine forests and ecosystems, as well as the people who live in it, will be discussed at the Climate Change Conference in Copenhagen. Our 24-hour news channels that are so busy hunting for macabre stories of Maoist violence—and making them up when they run out of the real thing—seem to have no interest at all in this side of the story. I wonder why?

Perhaps it’s because the development lobby to which they are so much in thrall says the mining industry will ratchet up the rate of GDP growth dramatically and provide employment to the people it displaces. This does not take into account the catastrophic costs of environmental damage. But even on its own narrow terms, it is simply untrue. Most of the money goes into the bank accounts of the mining corporations. Less than 10 per cent comes to the public exchequer. A very tiny percentage of the displaced people get jobs, and those who do, earn slave-wages to do humiliating, backbreaking work. By caving in to this paroxysm of greed, we are bolstering other countries’ economies with our ecology.

When the scale of money involved is what it is, the stakeholders are not always easy to identify. Between the CEOs in their private jets and the wretched tribal Special Police Officers in the “people’s” militias—who for a couple of thousand rupees a month fight their own people, rape, kill and burn down whole villages in an effort to clear the ground for mining to begin—there is an entire universe of primary, secondary and tertiary stakeholders. These people don’t have to declare their interests, but they’re allowed to use their positions and good offices to further them. How will we ever know which political party, which ministers, which MPs, which politicians, which judges, which NGOs, which expert consultants, which police officers, have a direct or indirect stake in the booty? How will we know which newspapers reporting the latest Maoist “atrocity”, which TV channels “reporting directly from Ground Zero”—or, more accurately, making it a point not to report from Ground Zero, or even more accurately, lying blatantly from Ground Zero—are stakeholders?  

What is the provenance of the billions of dollars (several times more than India’s GDP) secretly stashed away by Indian citizens in Swiss bank accounts? Where did the two billion dollars spent on the last general elections come from? Where do the hundreds of millions of rupees that political parties and politicians pay the media for the ‘high-end’, ‘low-end’ and ‘live’ pre-election ‘coverage packages’ that P. Sainath recently wrote about come from? (The next time you see a TV anchor haranguing a numb studio guest, shouting, “Why don’t the Maoists stand for elections? Why don’t they come in to the mainstream?”, do SMS the channel saying, “Because they can’t afford your rates.”)

What are we to make of the fact that the Union home minister, P. Chidambaram, the CEO of Operation Green Hunt, has, in his career as a corporate lawyer, represented several mining corporations? What are we to make of the fact that he was a non-executive director of Vedanta—a position from which he resigned the day he became finance minister in 2004? What are we to make of the fact that, when he became finance minister, one of the first clearances he gave for FDI was to Twinstar Holdings, a Mauritius-based company, to buy shares in Sterlite, a part of the Vedanta group?

What are we to make of the fact that, when activists from Orissa filed a case against Vedanta in the Supreme Court, citing its violations of government guidelines and pointing out that the Norwegian Pension Fund had withdrawn its investment from the company alleging gross environmental damage and human rights violations committed by the company, Justice Kapadia suggested that Vedanta be substituted with Sterlite, a sister company of the same group? He then blithely announced in an open court that he too had shares in Sterlite. He gave forest clearance to Sterlite to go ahead with the mining despite the fact that the Supreme Court’s own expert committee had explicitly said that permission should be denied and that mining would ruin the forests, water sources, environment and the lives and livelihoods of the thousands of tribals living there. Justice Kapadia gave this clearance without rebutting the report of the Supreme Court’s own committee.

What are we to make of the fact that the Salwa Judum, the brutal ground-clearing operation disguised as a “spontaneous” people’s militia in Dantewada, was formally inaugurated in 2005, just days after the MoU with the Tatas was signed? And that the Jungle Warfare Training School in Bastar was set up just around then?

What are we to make of the fact that two weeks ago, on October 12, the mandatory public hearing for Tata Steel’s Rs 10,000-crore steel project in Lohandiguda, Dantewada, was held in a small hall inside the collectorate, cordoned off with massive security, with a hired audience of 50 tribal people brought in from two Bastar villages in a convoy of government jeeps? (The public hearing was declared a success and the district collector congratulated the people of Bastar for their cooperation.)

What are we to make of the fact that just around the time the prime minister began to call the Maoists the “single-largest internal security threat” (which was a signal that the government was getting ready to go after them), the share prices of many of the mining companies in the region skyrocketed?

The mining companies desperately need this “war”. It’s an old technique. They hope the impact of the violence will drive out the people who have so far managed to resist the attempts that have been made to evict them. Whether this will indeed be the outcome, or whether it’ll simply swell the ranks of the Maoists remains to be seen.

Reversing this argument, Dr Ashok Mitra, former finance minister of West Bengal, in an article called ‘The Phantom Enemy’, argues that the “grisly serial murders” that the Maoists are committing are a classic tactic, learned from guerrilla warfare textbooks. He suggests that they have built and trained a guerrilla army that is now ready to take on the Indian State, and that the Maoist ‘rampage’ is a deliberate attempt on their part to invite the wrath of a blundering, angry Indian State which the Maoists hope will commit acts of cruelty that will enrage the adivasis. That rage, Dr Mitra says, is what the Maoists hope can be harvested and transformed into an insurrection. This, of course, is the charge of ‘adventurism’ that several currents of the Left have always levelled at the Maoists. It suggests that Maoist ideologues are not above inviting destruction on the very people they claim to represent in order to bring about a revolution that will bring them to power. Ashok Mitra is an old Communist who had a ringside seat during the Naxalite uprising of the ’60s and ’70s in West Bengal. His views cannot be summarily dismissed. But it’s worth keeping in mind that the adivasi people have a long and courageous history of resistance that predates the birth of Maoism. To look upon them as brainless puppets being manipulated by a few middle-class Maoist ideologues is to do them something of a disservice.

Presumably Dr Mitra is talking about the situation in Lalgarh where, up to now, there has been no talk of mineral wealth. (Lest we forget—the current uprising in Lalgarh was sparked off over the chief minister’s visit to inaugurate a Jindal Steel factory. And where there’s a steel factory, can the iron ore be very far away?) The people’s anger has to do with their desperate poverty, and the decades of suffering at the hands of the police and the ‘Harmads’, the armed militia of the Communist Party of India (Marxist) that has ruled West Bengal for more than 30 years.

Even if, for argument’s sake, we don’t ask what tens of thousands of police and paramilitary troops are doing in Lalgarh, and we accept the theory of Maoist ‘adventurism’, it would still be only a very small part of the picture.

The real problem is that the flagship of India’s miraculous ‘growth’ story has run aground. It came at a huge social and environmental cost. And now, as the rivers dry up and forests disappear, as the water table recedes and as people realise what is being done to them, the chickens are coming home to roost. All over the country, there’s unrest, there are protests by people refusing to give up their land and their access to resources, refusing to believe false promises any more. Suddenly, it’s beginning to look as though the 10 per cent growth rate and democracy are mutually incompatible. To get the bauxite out of the flat-topped hills, to get iron ore out from under the forest floor, to get 85 per cent of India’s people off their land and into the cities (which is what Mr Chidambaram says he’d like to see), India has to become a police state. The government has to militarise. To justify that militarisation, it needs an enemy. The Maoists are that enemy. They are to corporate fundamentalists what the Muslims are to Hindu fundamentalists. (Is there a fraternity of fundamentalists? Is that why the RSS has expressed open admiration for Mr Chidambaram?)

It would be a grave mistake to imagine that the paramilitary troops, the Rajnandgaon air base, the Bilaspur brigade headquarters, the Unlawful Activities Act, the Chhattisgarh Special Public Security Act and Operation Green Hunt are all being put in place just to flush out a few thousand Maoists from the forests. In all the talk of Operation Green Hunt, whether or not Mr Chidambaram goes ahead and “presses the button”, I detect the kernel of a coming state of Emergency. (Here’s a math question: If it takes 6,00,000 soldiers to hold down the tiny valley of Kashmir, how many will it take to contain the mounting rage of hundreds of millions of people?)

Instead of narco-analysing Kobad Ghandy, the recently arrested Maoist leader, it might be a better idea to talk to him.

In the meanwhile, will someone who’s going to the Climate Change Conference in Copenhagen later this year please ask the only question worth asking: Can we please leave the bauxite in the mountain?

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Stop Selective Operations Against Taliban

p01_20891905The realisation that the national mood has hardened against the militants and that Pakistanis own the war against the Taliban more than before will strengthen the army in its ongoing operation in South Waziristan.

But if the idea is to root out terrorism and extremism, the time for selective operations is long past. The security establishment needs to stop making distinctions between militant groups that have turned against the Pakistani state and those that can still be viewed as ‘assets’ against India.

Some of the recent attacks have shown that al-Qaeda, the Taliban, and the so-called jihadi groups are acting in concert.

It is unfortunate that instead of articulating this huge internal threat and educating the nation about it, a senior Pakistani government functionary has chosen to hurl the senseless accusation that India is funding the Taliban. The same Taliban were described less than a year ago as ‘patriots’ willing to fight shoulder-to-shoulder with the Pakistani armed forces against India. Making anti-India statements is one sure way for officials under pressure to earn political brownie points. But each such statement makes it more difficult to retrace the path to better relations. At this difficult time, Islamabad can clearly do without ratcheting up tensions with India.

Equally, New Delhi must stop poking Pakistan in the eye with gratuitous comments after every other terrorist attack in that country.

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Why Do People Hate You: Q to Pak Politicians

“Why Do people Hate You?”

l_42c7cbab2b084fb986aabef1b1971fddThis was the question a 9-year-old fourth-grader asked President Obama at a town hall meeting. Obviously the boy must have been exposed to the right wing propaganda and mounting criticism of Obama these days, on TV, by Republicans and other quarters, not happy with his proposed health care plan, the unemployment and recession that doesn’t seem to be going away, and his handling of the Afghanistan war.

The question the boy asked temporarily silenced the crowd, an awkward silence, but Obama, the wordsmith that he is, flashed a broad smile at the audience, gave a little hug to the boy and skillfully turned the question into a teaching moment. Addressing the boy as if he were talking to an equal, Obama said: “Well, first of all, I did get elected President, and not everybody hates me; I got a whole lot of votes. If you’re watching TV lately, everyone seems mad all the time. Some of it’s just what’s called politics. One party wins, the other party feels it needs to poke you to keep you on your toes. You shouldn’t take it too seriously. People are worried about their own lives, losing jobs, health care, homes, and feeling frustrated. When you’re President of the United States you’ve got to deal with all of that.” The audience largely cheered the president, and the boy later told the reporters that the president’s answer made him feel good.

Handling difficult and embarrassing questions and turning them to one’s advantage, is a skill that can be learnt, that is, if one wants to and tries to learn.

Clearly, Obama has that skill. Of course, the right kind of education — not just a degree — and conviction of one’s political beliefs and integrity also helps. Watching Obama’s performance, I wondered how some of our top leaders, if confronted with the same question in a crowd, would answer the situation.

Here is how our leaders would have answered the question:

Pervez Musharraf, twitching his lips and glowering at the boy: “Who says people hate me? This is not true. I am 120 percent certain people love me. In fact, they want me to come back and be their president once again. And, I will! I am not a coward. I always kept national interest uppermost. (Raising both his fists in the air) Sab say pehlay Pakistan!”

Asif Zardari, taking out a portrait of Benazir from his breast pocket, holding it to the boy and speaking, breathlessly, without a pause: “My party has made huge sacrifices for democracy. Shaheed Bibi gave her life. Shaheed Zulfikar Ali Bhutto gave his life. I spent 11 years in jail. But I always said, ‘Pakistan khappay’. I did this for Pakistan. I did this for democracy. Democracy is the biggest revenge!” “My army, today, is fighting the terrorists in Waziristan. I shall fight them in the mountains; I shall fight them in the caves; I shall fight them in the fields. I shall never surrender to these hate mongers.” “You must have seen large ads in newspapers, with my portraits and that of my whole family, put out by my ministers and advisors, congratulating me for what I am doing for Pakistan. That shows, not all people hate me.” “I come from the land of saints. I have nothing but love for everyone, and malice towards none. I extended this message even to Sarah Palin when I met her in New York, even though I knew she won’t get elected. I am told, of all the world leaders she met, she still remembers me kindly. That is the power of love.”

Nawaz Sharif, bending down to the boy with a pained smile on his face: “Beta, who told you this? This must be a rumor spread by the enemies of Pakistan. How can they hate me? I stood up to the US pressure when no one could. Bill Clinton called me five times, yes, five times! I was counting. But I went ahead and did the dhamaka, anyway. Do you think that coward Musharraf could do that?” “And do you remember, I also sacked a serving army chief when he opened his mouth publicly against me? Who else could do that? In fact, if you study history, which you would when you go to higher classes, the only other person who sacked a senior army general was President Truman of America. He fired General MacArthur for bragging publicly. Truman was a tough and stubborn man, like myself. He made difficult decisions. He also did a dhamaka over Japan. Actually, I didn’t know these things about Truman. I don’t get much time to read. It was my information minister who told me this. He said I was tough like Truman. He also once compared me with Sher Shah Suri. But he turned out to be a Lota — not Sher Shah Suri, but my information minister.” “I believe in the supremacy of democratic civilian government. That’s why I signed the Charter of Democracy. I hate self-serving politicians and lotas hobnobbing secretly with the army generals and trying to stab democracy in the back. I have also told Shahbaz Saab not to meet the generals secretly anymore. If he has to, he should meet them in open kutcherries — or, preferably, in a good tikka joint, in which case I might also join them. I believe Khakis love good food, particularly barbecued quail and male sparrows, just like I do. “ “Don’t worry about Musharraf. I will bring him back to Pakistan, handcuffed to the aircraft seat, and try him under Article 6. I don’t talk much about him anymore because the Big Brother advised me not to. It’s always good to listen to the Big Brother. No one knows, when we might need him again. That is what I advise Shabaz Saab, too.”

Clip_5Imran Khan, with an expression that varies between a smirk and a grimace: “You see, you have got to understand the root cause of hate. It is all because of the American presence in Afghanistan. Before the Americans came to Afghanistan, there was no problem. The wolf dwelt with the lamb and the Taliban would distribute bottles of milk and honey on street corners to men, women and children.“ “I have traveled extensively throughout FATA. I know these people better than anyone else. Even if I don’t understand their language, I can read their mind. They are my people. “ “Don’t be confused by their rhyming names – Baitullah, Hakimullah, Fazlullah. They are basically good people, harmless as cows. All they want is to have a jirga system and nizam-i-adlestablished throughout Pakistan, with them running the system. They want quick and cheap justice. Murderers to end up hanging on lampposts or trees, thieves on chopping blocks, rapists on chopping blocks, too. No parliament, no judiciary, no nonsense. You see, lampposts and chopping blocks are far cheaper than building courts and hiring judges and lawyers. Once we have enough lampposts and chopping blocks, there will be peace and love all around.”

Maulana Fazlur Rehman: Barkhurdar, when you grow up and start studying science, you will know that mixing oil with water is not easy. Oil always floats on the surface, be it kerosene, gasoline or diesel. Similarly, religion does not mix with tourism. I have this tightrope to walk. That’s why some people are not happy with me.

Chaudhry Shujaat, in dark glasses. One can’t make out whether he is looking at the boy or the wall: “Ugah, mugah, wugah, Jerry Luger, Looter, wugah, ugha, mitti paao, ugah, mugah, raat gayee, baat gayee, phoomph!”

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Sindh Government Continues to Protect Child Rapists

Senior police officials are said to be preventing an investigation into the alleged gang rapes of female students by a group of teachers.

The family of one victim is being pressured to settle outside legal channels in a feudal jirga court, despite directions from the Chief Minister of Sindh to have the accused arrested. Their case has been compromised by local police, who willfully delayed the girl’s medical examination by a week. This incident shows the freedom enjoyed by Sindh police to work against the law and the public on behalf of wealthy patrons.

If the accused men had been arrested after the first allegation of rape, other young girls may not have suffered the same violation.

According to information received from the victim and other local
sources, Miss AK, 15, was gang raped by three of her school
teachers on the morning of October 10. A fellow student and relative of the rapists lured her to a house near the school. After being invited in by the home owner, Mr. Istikhar Jatt, AK was tied up and raped by Shoukat Jatt, Imtiaz Rajpar and Ghulam Mustafa Rajpar.

That evening at Faiz Ganj police station the head officer (SHO), Mr.
Mohammad Husain Samtio, denied AK medical treatment and refused to file a First Information Report (FIR) – as is required by law.

AK’s parents have been advised by the school headmaster not to
complain to the police to avoid reprisals from the teacher’s
powerful landlord connections and damage to their daughter’s
reputation. Allegations in the media have since suggested that the
headmaster’s own daughter was raped by the same men in July.

A checkup was finally authorized on 16 October after civil and
student-led street protests, but a week had passed and much of the
criminal evidence had gone. However the rape was confirmed and an FIR was finally filed. Yet because two of the accused had reportedly taken protective interim bail from the sessions court before their arrest, police only arrested one of the accused, Mr Shaukat Jatt, and Istikhar Jatt, the house owner. Rape is a non-bailable offence in Pakistan, but corrupt police are often able to arrange bail for perpetrators by selecting the information given to the judge. Their bail was extended on 28 October until the 31 October.

After the FIR was filed we are told that the police misconduct grew
more extreme: district police officer (DPO) Gul Mohammad Shar and several other officers tried to pressure the victim’s father to take the case to a jirga, an illegal tribal court, instead. The jirga in
this area is partly run by the father of two of the perpetrators.

Using a lawyer, AK’s father was able to file a constitutional
petition with the Sindh High Court, where the judge has summoned the negligent officers today (30 October) to explain their actions. On October 16 the provincial chief minister also reportedly directed various officers – the Sukkur regional police officer and deputy inspector of police, and the district police officer of Khairpur Mirs – to act on the matter and report to him directly. Yet two accused rapists remain at large. AK has had to leave the area because of threats from them and local police; officers continue to question her father on her whereabouts.

Local media reports claim that cases of rape and abuse have been
connected to these three teachers for a number of years – ever since a local bodies system was introduced that gives much more power to local representatives (mainly powerful landlords), and thus their relatives. The men were neither arrested nor removed from their positions in the school. The Rajpars are part of a powerful local family; their brothers are the chairmen of the union council and town council respectively. Local activists and parents of protesting students have said that they were threatened both by police officers and known henchmen of the landed aristocracy.

It appears that the rule of law has entirely broken down in this
district, with uniformed officials paying little or no heed to it, and
the high court and provincial minister unable to check their power
or that of the local landlords. In any semi-functional system strong
disciplinary action would be needed along with a thorough
provincial-level investigation for corruption. In this case however,
it appears that corruption is so entrenched that a local investigation could not be impartial, and intervention on a higher scale is urgently required. The criminal activity and institutional weakness exposed by these events warrants a top-level probe, with a view to making sweeping, overdue reforms.

This is particularly urgent when considering the total lack of
protection or redress so far being given to minors. That such impunity can be enjoyed by the known rapists of young girls for years shows the lethal stranglehold of a small group of wealthy men over a society, and its children.

The harm of Pakistan’s entrenched anti-women sentiment is also brought to light in this case, with the officers and the headmaster using the fragility of the victims’ reputations as an excuse not to take their attackers to court. It is clear that much more work needs to be done on this issue by the government in Pakistan, particularly in removing the stigma of rape from its victims and placing it on its perpetrators. The first step will be to hold all those accused of rape legally accountable. Any official attempting to intervene in such a case must be held criminally liable.

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Hillary Clinton Outshines All the Pakistani Anchors

On October 28, 2009, Hillary Clinton gave an interview to seven Pakistani anchors. They were Moeed Pirzada and Nasim Zehra of Dunya TV, Talat Hussain of Aaj; Anwarul Hasan of PTV; Mubashir Luqman of Express; Hamid Mir of Geo and Naveen of Dawn News.

Hillary appeard prepared, and confident; and had ready-made answers for all the questions. The local anchors could not ask her a single question that could be stated to be unexpected, or that bothered her.

Hamid Mir was miserable with his English; and it is a miracle that Hillary understood him. It was obvious that his questions were meant to please the Taliban and lower middle class constituency.

Nasim Zehra talked as if she was heavily sedated, and as if she had come straight after attending a briefing with Pakistan’s premier intelligence agency.

Talat Hussain was belligerent initially but asked the expected questions. Later, he was charmed by Hillary and was constantly trying to be in her good books as if she would make him his boy-friend.

We should all thank Anwarul Hassan for not sitting on the floor in front of Hillary for simply being invited.

And the one from Dawn was acting as if she is Hillary’s daughter and has been invited to sit as an observer and learn from the whole exercise.

The anchors were exposed and their performance left lot to be desired and went to show the state of affairs of the Pakistani media.

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Indian Muslims Hurting the Muslims Themselves

  • 800 years is how old the institution of Wakf is in India. It began when Muslim rulers donated huge lands for charity.
  • 300,000 is the approximate number of registered Wakf properties in India
  • 4 lakh acres is the land Wakf properties account for. According to the deputy chairman of the Rajya Sabha, K. Rahman Khan, this makes the board the third-largest landholder after the railways and defence.
  • 35 is the number of Wakf boards in India, many of them non-functional
  • 5 is the minimum number of members a board must have. The number, however, varies according to the Muslim population of a state. Members are nominated by ruling parties in each state.
  • Wakf Acts The 1954 and 1995 central laws endow huge powers with the state governments that set up and run Wakf boards in their states

Modus Operandi

Outright sale

  • Builder or businessman identifies a Wakf property
  • They approach members of the board
  • The land is sold for a pittance
  • Board members get their cut

Cheap rent

  • Happens in states where outright sale is not encouraged
  • Builder/ businessman approaches board members
  • The land is given on a ridiculously low lease
  • Land use is changed to facilitate commercial exploitation
  • Members pocket their cuts

Allegations against the board

  • Although Wakf is a national resource to be used to develop institutions and earn income for Muslims, it is so terribly managed that it is the only system where virtually no accountability is demanded
  • Cases of blatant corruption abound. Land is sold off for buildings, hotels, malls or factories for a pittance or given out for shockingly low rents to commercial interests.
  • The boards have become an avenue for political patronage. Muslims who cannot be accommodated in ministries are sent off here. They mostly never do anything for the community. In most cases, they are hand-in-glove with the land mafia and encroachers.
  • The “Islam in danger” sentiment is crudely raised to hoodwink the Muslim public and stop any real scrutiny of the functioning of boards, whose members are out to make a fast buck
  • Ironically, Wakf boards keep claiming properties protected by the ASI as “living” religious shrines. In many cases, there is a clear monetary incentive under the guise of religion.
  • The mess in the boards is also a reflection of the apathy of state governments. Many have not constituted boards; none have carried out a survey of Wakf properties as required by the 1995 Act.
  • As a result of this mess, 70 per cent of Wakf properties are encroached upon, often in connivance with board members or government department overseeing.

Allow encroachments

  • The board covertly encourages Muslims to encroach on a monument. Friday prayers begin to be held on a regular basis. Wakf board then attempts to make it a ‘living’ place of worship. Very often, the encroachers are board members or persons acting on their behalf.
  • Later  surrounding land is sold/ leased as  private property for  commercial  purposes.

***

by Saba Naqvi/ Delhi

Wakf can be described as a religious endowment made in the name of Allah for the benefit of the poor and needy in the Muslim community.

There are approximately 300,000 registered Wakf properties in India on about four lakh acres of land. It is a national resource that should have been developed for the welfare of the community, as it is meant to.

Instead, this resource has been mortgaged, sold and encroached upon with the connivance of the very institutions and individuals responsible for safeguarding it.

The Wakf boards in most states of India are repositories of corruption, in league with land sharks and builders. They continue to get away with the daylight robbery of their own community because, whenever there is any demand for scrutiny, they crudely take cover behind the “Islam in danger” sentiment.

If the Wakf properties were managed properly, many problems of Muslims such as joblessness, lack of education and resultant poverty would have been resolved. Today, even if we presume that 70 percent of these properties have been encroached upon or sold off, even the remaining 30 percent is a huge resource that can be developed.

There is a need for a “total change” in the constitution of the boards and a national Wakf development corporation be set up with professionals at the helm. Imagine what great institutions can be built as the land cost is zero.

Ambani Home Altamount Rd MumbaiBut that is some distance away and will happen only if public awareness about the scale of the problem is created. Currently, those who purport to be leaders of the community are complicit in the conspiracy to rob resources while perpetuating a siege mentality. They want to capture existing institutions and sell them off piece by piece. They are adept at fanning fears and feeding into the victimhood syndrome but quite incapable of building institutions or shepherding the community towards modernity. The 1995 Wakf Act actually increased corruption within the boards. Earlier, any sale or exchange of land had to be cleared by a district judge. But now, the board can pretty much do what it likes, and shocking decisions are taken all the time.

The community itself has not demanded accountability possibly due to a level of ignorance. Can things change? Existing laws must be modified.

The heart of the problem lies in the constitution of the boards. The boards are ill-constituted, not constituted or politically constituted. Often, they’re nothing more than a gang of thieves. Mostly, political hangers-on and operators from the minority community are sent off to man the boards. The policies of successive governments have created a class of “sarkari Musalmans” adept at capturing institutions and bagging positions through which they can patronise others down the pecking order. The incentive they have, besides authority, is to pilfer as much as they can get away with. 

There are enough examples of how a small group of “insiders” at Muslim institutions benefit from the overall laxity in the boards. For instance, there is the case of a member of the Delhi minorities commission running a private school on a large tract of Wakf land in the expensive Nizamuddin area and paying the board a pittance of Rs 1,000 rent per month. 

Section officer in charge of properties in the Delhi Wakf office, admits reluctantly that there are “some schools running on Wakf land but they are not for the poor and charge fees”. Further digging reveals that, two decades ago, Delhi Wakf ran a charitable dispensary but it was shut down. Now the main service they provide is paying salaries of imams attached to masjids

Fatehpuri Mosque, DelhiThere are two revealing cases linked to the huge Fatehpuri mosque in Delhi. What was listed as “Wakf estate number 6540 in masjid Fatehpuri” was occupied by a branch of the Punjab National Bank. The board fought a case and got the property vacated. Subsequently, however, it leased the property to a society headed by one of its own members, a Maulana Moazzam Ahmad. A blatant case of insider trading? Three years ago, a lawyer representing a school running inside the Fatehpuri mosque tried to get a shop at the entrance removed. The Wakf board claimed that the documents relevant for that plot of land were missing—it was widely suspected that the shopkeeper was paying off members. Salman Khursheed also pleads helplessness. “What do we do when the boards let their own properties be encroached upon and then say the documents are missing and they have lost the title deeds?”

That is, in fact, the most common tactic used when the boards are in league with encroachers. RS deputy chairman Rahman Khan says that there is no doubt that almost 70 to 80 percent of Wakf land is encroached upon. Often, it is the government that simply takes over the land. But all too often Muslims themselves are the encroachers who pay off board members to live inside mosques and shrines or run shops and businesses on the premises. “Corruption in the boards is rampant,” says Rahman Khan, “and this is made worse by the attitude of state governments to Muslim institutions. They don’t want to interfere in case there is a reaction and they also don’t care because Muslims are involved.”

Whenever there is an initiative from educated Muslims to preserve a legacy, build an institution or perhaps even introduce modern education, there is a run-in with the Wakf board. The Wakf does not have the instruments to preserve old mosques and we have been arguing that the ASI is better positioned to manage properties. But the problem that enlightened sections of society face is that they run up against monetary interests of a few who hide behind the guise of religion.” K.K. Mohammad is a veteran ASI archaeologist who has worked across India. Now the superintending archaeologist for the Delhi circle, he says, “My experience shows me that whenever people claim protected monuments as living shrines, there is a commercial incentive of occupying the monument or developing the land around it. All communities have people who do this.”

Most old Wakf properties have caretakers who treat it like a personal fiefdom, building houses and businesses and destroying the character of the shrine. Siddiqui has been part of the initiative to preserve the historic Anglo-Arabic school in Delhi’s Ajmeri gate area. He says, “The high court ordered the removal of encroachers (about 50 families) from the heritage property. But the same lot of property dealers, local toughs, interlopers are again trying to move in under the Wakf umbrella.” 

Across the country, there are examples of the huge Wakf mess. West Bengal has many cases of properties being encroached upon and made into little slums. Some examples: 4,000 illegal occupants are in possession of a property in Calcutta known as the Mysore Family Fateha Fund Wakf Estate. Over a hundred mosques in Calcutta and Howrah have been encroached upon. Sixty-four other mosques in the state have been illegally occupied. The story is somewhat different in Andhra Pradesh, which has the largest number of Wakf properties registered in the country. Here the government has simply taken over huge tracts of Wakf lands. For instance, Hyderabad’s hi-tech city stands on Wakf land. There is the interesting case of the government taking over 6,000 acres of land worth Rs 500 crore in Visakhapatnam and allotting 900 acres out of this to NTPC and 800 acres to the Hindujas at the rate of Rs 2.25 lakh per acre. When the Wakf board contested this, the Supreme Court ruled in its favour saying that the land was theirs and transferred it back to them. The government had to then transfer the money to the Wakf board.

Clearly, Wakf is a remarkable resource that can be tapped for the community. In a state like Kerala where people are literate and demand accountability, the board is manned by professionals and headed by two advocates, not by racketeers. Bureaucrats in the ministry of minority affairs in New Delhi cite the work done in Kerala as an example of what is possible. But that is an exception. The norm is rampant corruption, in the firm belief that no one will demand accountability.

More than anything else, the terrible state of Wakf properties in India reflects on the Muslim community’s failure to build institutions. Compare this with the manner in which the tiny Christian minority has preserved and built schools, colleges and hospitals. There is a complex set of reasons for this state of affairs in institutions that purport to work for the welfare of the country’s largest minority and the world’s second-largest Muslim population. In the case of Wakf, many illiterate Muslims just see their placards and presume the land belongs to them. They are encouraged to believe there is some higher religious purpose to Wakf, little knowing that it has become a synonym for daylight robbery. The greatest hypocrisy perhaps is that the men who violate the spirit of charity behind the concept of Wakf then pretend to be devout and pious believers.

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What Osama’s 4th Son out of 20 Thinks of His Father

Osama 4th sonFor Omar Bin Laden, the fourth eldest of Osama bin Laden’s 20 known children, the awful realization that his own father was a terrorist mastermind plotting a global conspiracy that would destroy the lives of thousands of innocent people and even his own family came gradually.

Of course, there were warning signs: Omar’s childhood was marked by regular beatings and survivalist training; there was the growing army of ruffians and retainers who called his father “Prince”; and then there was that Afghan mullah who had given his father an entire mountain in Tora Bora.

But as he recounts in a book co-written with his mother, Omar — now 28 years old — found it hard to give up hope that a man who had killed so many people might one day turn his back on violence and become a normal father.

The younger bin Laden fled Afghanistan only when it become clear that Osama was planning a massive attack on the United States; but he still couldn’t accept that his father was responsible for 9/11 until months later when he heard the familiar voice on audiotape claiming credit for the attacks. “That was the moment to set aside the dream I had indulged, feverishly hoping the world was wrong and it was not my father who brought about that horrible day,” he writes. “This knowledge drives me into the blackest hole.”

born 1957, 17th of 57 childrenAs the first book written about Osama bin Laden with help from anyone in the bin Laden family, Growing Up bin Laden: Osama’s Wife and Son Take Us Inside Their Secret World (St. Martin’s Press) is a valuable — if limited — glimpse into the personal life of the world’s most wanted man. In recollections from Omar and his mother, Najwa bin Laden (the first of Osama’s five known wives), and with the assistance of American author Jean Sasson, the book paints a picture of Osama as a towering figure whose noble demeanor inspired fierce loyalty, but also an absolute authoritarian who wanted as many wives and children as possible in order to have foot soldiers for Islamic jihad. “My sons, your limbs must react to my thinking as though my brain was in your head,” he told his children when they complained about their life in al-Qaeda camps.

However, Osama the father remains almost as elusive to his son (and the reader) as he is to the FBI — too consumed by jihad to care much for his children, too distant to seem like a full person. But Omar’s memoir itself — which forms the core of the book — presents a strange and fascinating coming-of-age-story about a young boy groomed by his father to take over a worldwide terrorist enterprise who chooses instead to get a job, start a family, and play with animals. If the book suffers somewhat from the limitations of translation and overly formal prose, the thrill of being a fly on the wall of the bin Laden family drama quickly takes over.

Omar’s early childhood is both charmed and abusive. Though the family inhabited a mansion in the Saudi city of Jeddah and owned horse ranches in the desert, their father refused to let them have toys, take modern medicine, or use almost any modern conveniences except for light bulbs, automobiles and firearms. Though Osama would punish his boys for laughing or smiling and send them on forced marches in the desert without water, Omar and his brothers could at least console themselves with the honor of being sons of the man who helped defeat the Soviet Union in Afghanistan, a hero in both the Muslim world and the West. “When I was a young boy I worshipped my father, whom I believed to be not only the most brilliant but also the tallest man in the world,” Omar writes. “I would have to go to Afghanistan to meet a man taller than my father. In truth, I would have to go to Afghanistan to truly come to know my father.”

The nightmare began in earnest after the Saudi government banished Osama from the Kingdom for railing against Riyadh’s decision to allow American soldiers on Saudi soil to repel Saddam Hussein’s invasion of Kuwait. From the new family home in Sudan, while Osama plotted to overthrow the Saudi monarchy and the American government, Omar noticed some dangerous new arrivals in their Khartoum neighborhood, including Ayman al-Zawahiri, the leader of an Egyptian Islamist movement who becomes al-Qaeda’s second in command. When members of another extremist group raped one of Omar’s male friends, al-Zawahiri took justice into his own hands — by executing the victim.

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G Vishvas Blames Islam for the Sorry State of Affairs in Pakistan

Mubarak Ali says in Dawn (25 Oct 2009) that “as far as Pakistan is concerned, we can say that it has no history of ideas because its society has neither the capacity to face the challenge nor the creativity to invent anything in science and technology to improve its skill to compete with others nations. In art, literature, painting, and architecture, it has produced nothing original and substantial. It has neither original philosophers, scientists, poets, writers, artists, and historians nor politicians and statesmen who could lead the nation in the right direction. Pakistani society depends on the ideas, thoughts, and inventions of others. It is not creating any knowledge but just consuming it. Therefore, it is not contributing to the civilisation of the world. It is one of those nations which are not making history but passively watching those who are making it. That is why its social and cultural life is shallow and stagnant.”

Comment: This sorry perfromance of Pakistan is the result of islam and its indoctrinations.  G.Vishvas (nvhab@yahoo.co.in)

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India Desires Current Ground Positions Authenticated in Siachen

siachin_map_20091019The military conflict over the Siachen glacier began 25 years ago, catapulting it to the world’s highest battle zone and demonstrating the limits to which human endurance and military ingenuity can be pushed.

The strategic consequences of the conflict, like the slow but relentless movement of the glacier, have been irreversible. 

Pakistan had linked with China not only with the road over the Khunjerab Pass but also with cartographic intrusion by unilaterally joining the lac (Line of Actual Control) in j&k with the Karakoram Pass on the India-China border. China was clearly complicit by insisting with India that the area was disputed.

Pakistan had also commenced permitting foreign mountaineering expeditions into Siachen. This was confirmed by Indian military mountaineers sent to the area, leading to military teams going up the Saltoro mountain range to deny the passes for entry into Siachen.

Pakistan initiated a major military venture to occupy these passes, and Indira Gandhi wouldn’t countenance this. The Indian army pre-empted Pakistani plans by a daring operation, and the rest is history.

What started as a small-scale military action became a permanent military occupation, having lasting consequences on both countries.

siachen_20091019For one, the Indian occupation of Siachen was tantamount to another humiliation for the Pakistani military. Benazir Bhutto rubbed this in by her scathing criticism of Gen Zia. The Pakistani military was forced in the many rounds of Siachen talks with India to insist on one point—seek an Indian withdrawal. When that didn’t work, Pakistan started planning military moves to evict Indian forces. Its attempts were roundly defeated, and Bana Post and Sia La became permanent fixtures in India’s military folklore.

It then planned the ambitious venture to cut the Srinagar-Leh road in the Kargil sector, a plan mooted by Musharraf, the then dgmo. Benazir rebuffed him. Not willing to relent, Musharraf, as army chief, put the aborted plan into action, with long-term consequences for himself and Pakistan’s political future. Then followed the attack on Indian Parliament with a military mobilisation by both countries. These strategic blunders of raising the stakes for war, and the A.Q. Khan episode, seriously damaged Pakistan’s credibility as a nuclear power. Siachen was thus the starting point of the negative strategic outcomes Pakistan has incurred.

Islamabad wants to negotiate the Siachen issue only to seek an Indian withdrawal. This is necessary for the military to reinforce the dissimulation in Pakistan that it’s present on the Siachen glacier when, in fact, it’s nowhere near it.

And secondly, to show it has imposed heavy costs on the Indian military and forced it to withdraw.

On the Indian side, negotiations are linked to demilitarising the area as one amongst many steps towards a lasting peace. This doesn’t suit Pakistani interests which are best served by the continuing military standoff along the lac. Over the years, public opinion in India has evolved into taking tremendous pride in its military achievements in Siachen, thus making it difficult for its political leadership to act on a settlement which would be seen as a concession to Pakistan. This reality is often ignored by major powers which have more than once suggested to India that a concession on Siachen can strengthen the Pakistan’s hand in making progress on j&k. When the Indian military leadership took public positions against such concessions, the political establishment quickly left the matter alone.

Defence minister A.K. Antony has clearly said there can be no withdrawal from Siachen, reiterating the military view that current ground positions should be authenticated before other steps can be examined. Above all, New Delhi doesn’t know who will deliver on a Siachen agreement—while the weak Pakistani political leadership definitely can’t, its military command shows no signs of new thinking. Siachen, thus, remains one amongst many crucial elements that explain Pakistan’s journey on the slippery strategic road.

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(The author, VR Raghavan, is director, Delhi Policy Group. He was the commanding general in Siachen and the author of Siachen: Conflict Without End.)

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