Friday, January 29, 2010

Does Justice Need Justification?This is a featured page

Does Justice Need Justification?This is a featured page


Once, in the midst of an active discussion on work, a colleague, with strong but softened aggression said this to me: “Joy, You do not keep to your word.” I saw immediately that this accusation was grossly generalized, baseless, and totally unrelated to the discussion in which we were engaged together at that time. We were talking about the content of a handbook on ‘justice and peace’ which I am writing. The subject in focus was ‘justice’ in relation to contributing to building and maintaining peace among people. I quickly rose to my personal defense and forgot all about the work for that brief moment. It was important to rise to defend myself against a serious accusation which was thrown upon me. As soon as this was completed, I recall, I moved on to continue the discussion – this with some intervening interjections of apology from the other. Here was a real-life minuscule play of what happens in varied situations, at various levels, between all categories of people, daily, in the world in which we are immersed.

We experience personally and we read or hear about similar smaller or larger variations of grossly generalized, baseless accusations hurled upon not only individual persons, but upon communities of people belonging to other tribes, races, faiths/religions/ideologies, castes, languages and nations. Beginning with such accusations, if not addressed, ammunition hurling grows into violent outbursts and ends with war and devastation of precious resources.

This article builds on the questions I asked myself: Why did the other throw this ugly and demeaning piece of verbal ammunition at me? Was it just? Was justification of 'who I am' necessary on my part? Could peace prevail if I did rise to my own defense? I invite my readers to join with me in thinking out the probable answers. Let us reflect together.

My preliminary assertion is that ‘Interaction with existing realities is indispensable to life and living for all, none excluded. How we interact, is crucial to whether we opt for peace or war.’

Every human interaction with the external realities and realities within oneself, involves a mental dynamic which ends in a personalized perception which gives personalized meaning to what is perceived. This meaning is not always true to what the other means in that particular expression of his thought or the action that he does.

Therefore, in order to move towards understanding the meaning which is hidden behind the other's thought or action, the person needs to hearken to the inner call for a quick observation of related facts, the known background that supports what is understood to be a fact.

It is imperative that any response to what is perceived to be the meaning given be the other, be based on it being verified and validated by way of reason and understanding. This is best done by posing a clarification or seeking a verification or confirmation whether what is understood is right and true. If not done, there is every chance that the interpretation of what is seen or heard be incorrect. Further, the truth is that this same person's word or action, sign or symbol may speak a different word projecting a different meaning another time. It is a person's personal interpretation of what is seen, spoken or heard that is interpreted according to his perception, mental disposition and health condition at that point in time. Should a person be inflicted with inability to see adequately in the dark, a shadow which takes the shape of a snake, will arouse in him all the alertness that stems from fear as it would be in the view of a real snake. If one is faced with a serious threat to his life, any help would be welcome. All choices are hidden behind the one and only grave need at that moment in time. It is the filters of various fears, uncontrolled emotions, the covers of shame, psychological or physical needs, that which offers an immediate sense of security, give colour, shape and form to perception of realities outside and within one's self. It is this personalised perception which formulates the meaning to that which a person encounters and experiences as real, as true. But it may not be so, it may not be the same 'real' or 'true' that the person perceives it to be. This personal interpretation and meaning is subjective. This, as already mentioned above needs to be constantly checked out and evaluated in relation to a broader framework of the rational, universally acceptable, scientifically proven norms for justification of a personalized interpretation of the meaning of a reality to which I relate. It is with this understanding we live in the world, in direct relation to people and things around us.

Why is an ugly and demeaning piece of verbal or any other form of ammunition thrown at others?
This is a question that all would ask sometime. One reason is that the other has perceived our words or action to mean that which was not intended. The meaning which is given to some one's words or action is interpreted by the other according to his interpretation of meaning. This is not always true. It could have been coloured, shaped and formed by his background, learning, culture, ground of development, or his experience of a similar situation in the past. This interpretation therefore caused the person to react. Negative feelings were awakened in him. He got hurt - and sought to express this in a way which he considers justifiable - according to his standards. An eye for an eye, a tooth for a tooth? The second reason could be the learning that the person has received which accounts for such a response. There could be a third reason which is, that violent responses are normal to similar situations that are encountered - the reason which lies embedded deep in the person's subconscious self. 'Why did I react in this manner?' is his question which always never finds the answer. Does hurling verbal or any other ammunition upon the other find a place in the arena of 'justice'? Yes. In self-defense - when one's life in threatened. One's right to life also upholds the dignity and protection of all persons as individuals, also as community within the social, political, cultural parameters of existence.

What is ‘just’?

For some 'an eye for an eye' is an acceptable ideology. If both parties agree and uphold such an ideology, then then a retaliation is imperative, and considered just. More ammunition, stronger than that of the other will ensure greater power to subdue the one who throws the first stone. A hugh fight with heightened states of emotional outbursts could also break into far reaching levels of violence. The outcome, whatever it be will be considered by those who support such an ideology as just and well deserved. In such instances the stake is high where agression and violence and therefore its effect is viewed as just. People are hurt and wounded psycholigically, physcially there is loss of life, valuable possessions, destruction of property and more. Such wars end with declaring one the winner and therefore more powerful than the loser. Both sides have much to lose, more or less. But, if one of the two upholds positive values of justice which promote peace, then retaliation to unjust strikes from the other will be met with non-violent responses. If in such a case, non-violent responses would stem from a person's mental system which knows and believes that his understanding of justice, and the standards, the norms, the weights and measures used by him in regard to justice issues are different. They are according to that person's acceptable system. This is a higher form of justice meeting with unjust aggressive human emotions or uncontrolled words which flow from an unhealed or yet un-integrated self. The higher form of justice has the power and potentiality to neutralize or transform aggression into peace.

Is justification of 'who I am' necessary?

What a person has and is known to himself, forms his identity. There is much much more within any person, which he does not know is there. Should a person not know that she is the only daughter of the most successful and acclaimed richest person in the world, her existing position as a manager of a small business enterprise, her social standing in her village as the head of the woman's organisation, her educational background, achievements, strengths, and also weakness and limitations would conjure up an identity which she would carry. Knowing who she truly is, would change her identity into something different. 'Who am I?' is the question, the answer which draws the formation of a person's identity.

The strength or weakness of a person's self-identity depends on how much the individual knows himself. Self-knowledge! Knowledge of one's strengths and weaknesses depends upon how capable one thinks he is. Capability also is viewed and measured in terms of the different abilities recognized and the strength of capability to use them.

Significant others in childhood play an indispensable role in formation of a persons identity - and this by either actively fostering development of the self or by suppressing, demeaning, discounting the child's capacities of personhood. A thought or a word of a significant other to a person in formative human development works to either make the person - and strengthen the positive elements of the person's self-identity or to break the person by negative perception and therefore stressing on the weaker elements in the person. The latter poses breakers to growth - and prove to sow seeds of self-doubt and feelings of incapability and low self-worth in the growing child. In adulthood, therefore, when self-doubt persists and accompanies a person in even their un-conscious self, the need for justification of 'who I am' becomes imperative.
The need to justify, the call to set right a mis-conceived perception of who I am, by another, will offer peace to the person found in some level of self-doubt or some, however minute level of personal insecurity. A response in self-defense is viewed as a means to being justice to the relationship. The person seeks to be perceived in a way that he perceives himself to be. This is important, and any effort will be made to bring the other who matters to him, to see him as he sees himself to be. Justification of a personal identity is not necessary when personal integration is substantially founded. The strength of an individual lies in his ability to be beaten and still hold his head high. When personal identity is formed and holds together as strong as a rock, ammunition which consciously seeks to break the person will not have its effect. However, the response to the strikes or hit of others - in inter-personal relating, is crucial to whether this rock of personal identity hits back in order to break the other, or stands firm like a beautiful pillar, giving strength, power, shade and support to those who stand by, and are related in interactive relating in some way. Justice in such cases is viewed as giving strengthened support to those who are weak, empowerment to whose in need of developing their capacities and capabilities in order to stand strong on their feet - for sustainable development. Justice is viewed as sharing what one has with those in need. Protecting the rights of the weaker sections of society is a cause that is upheld and actively promoted. The stronger and more power-full do not glory in their strength and power - to prove who they are to themselves or to others. They are sufficiently satisfied, fulfilled, seek no more for themselves. What they have, they give to those who have less. It could be through understanding the other and empathizing with their need to strike others - in order for themselves to feel good. Their own personal unhappiness, their self-perception of being ill-treated, discounted, hurt, suppressed and made to suffer by those who have meted this injustice to them - is viewed as justified if the same treatment is imposed upon others who are weak and subjected to their fragile strength. With such understanding, there is no reason to hit back at those who seek to tear down a reputation which is strong enough to hold even if scratches or small holes are driven into it. The scratches and small holes fired by revengeful ammunition by others will hide or be healed as it is covered up by the indisputable strength of beauty of the fabric of a life that views love in the form of forgiveness, reconciliation and forgetfulness of the others wrongdoings as the key to justice.

Can peace prevail in rising to one's own defense?

The purpose of this article is to help us think our way to understanding the supreme value of justice and its purer form of being, and how the higher and purer forms of justice have a primary and indispensable role in peace-building. These higher forms of justice are 'Divine Justice' in that they hold a transcendent element of faith and trust, which proceeds from true love. Such justice envelops within itself - tolerance, non-aggression, non-violence, forgiveness, reconciliation and conciliatory interventions, forgetfulness, corrective and healing procedures. We have now reached a point of understanding that (1) all people are in the continued state of personal development. Development is the process of formation of one's personality into a unified whole, involving integrating of positive thought towards forming a pool of mind-strength which is unshakable even at times when negative forces work to hurt, break and even kill the person. (2) The process of personal integral development works hand in hand with the development of a personally known and acknowledge self-identity which stands firm and needs no justification - in the light of the ultimate reality of divine justice. Human justice will end with the law. Divine justice is self-less, unconditional love for all. It covers up the faults of others. It forgives wrong doing. Such justice which lives in love reaches out to those who are weak, poor, in need of supportive understanding for their negative and violently hurtful givings. (4) An integrated person is on the side of the powerless and the voiceless. They work to heal and restore the dignity of those who are innocent victims of injustice. In such reaching out to others in need of help and support, one forgets about one's own needs.
Divine Justice as love, embodies forgetfulness of one's self. One's self-defense is strengthened by the power of strength of those who are weak and innocent victims of oppressive greed and blind suppression of the voiceless by those who are powerful. The strength is in the cause.
In the case stated at the beginning of this article, divine justice calls for understanding of the other's meaning and recognition of the poor state of perception of the reality of who I am. While such uncalled for judgment serves to strengthen the other's sense of self-worth - by re-enforcing self-belief and eliminating self-doubt to some extent, justification in self-defense does have a place in the transaction, if it will settle any unsettled score which lives in the mind of the other. It such an action on the part of the other will help him find peace, the same action should not, in anyway destroy peace in the mind of the one upon whom the strike is aimed. If peace is destroyed in this other, then justification may be necessary, and the way of confusion cleared - so that peace between the two person will be restored. Justice must work for peace. If peace is destroyed, then that which is viewed as just is not within the realm of justice. It is aggression and violence that creates unjust structures for self-seeking opportunities for power and selfish gain. Such justice will die with itself. Justice that works for equal rights and opportunities for all, for empowering those who are incapacitated, knitting the bridge of harmony upon gaps which are otherwise un-unifyable, then it is the defense of the other that counts.
However, it must always be remembered that it is not possible to give to another what one does not have. Because one has, one gives. In giving, more is poured into the same hands that give. Both the giver and the receiver receive. Together they receive, together they celebrate abundance. The stream must flow! Justice is the way to Eternal Abundance, only if it is born in and nurtured by true love!

Where is the source of Justice?

As a Christian, I believe that the Source is God in Christ Jesus, for all. The Source is available to all who believe. The Son of Justice not only is the way to Divine Justice, but works for and on behalf of the poor, the oppressed, those who are weak and voiceless. For these, as for all, it is necessary to believe, and call upon His name. Then Christ will come and liberate His own. There will be no need for justification of personal identity, but only celebration of life - now, in peace, forever. Justice demands that all people be free to believe what they wish. All people have the right to choose their religion, or even not to believe in religion. While I enjoy such freedom, I write what I believe, but do not force or coerce others to believe what I do.
As a Christian, my Christian faith moves me to beyond any discriminating discipline or parochial boundary, in my personal efffort to draw from 'divine justice' and allow this to positively affect its relation to human justice – for all people in the world. By 'divine justice', I am mean ‘justice’ which is goes beyond the law, any human-made law. Such laws offer the possibility of being able to weigh varifyable, specific attributes against the related situation that seeks justice, on two sides or the scale. An equal balance is thought to determine justice. An unequal balance calls for setting the weights of responsibility of the individual or community concerned against the law – towards an equal balance. All people and communities seek justice, but are not able to attain such justice on their own. Very often people need help. It is here where the ‘helping other’ reaches out a hand to bring the situation – big or small to justice.
Those who help others are ‘people-helpers’. They are socially concerned, they are sensitive to and feel with the suffering of those who are treated unjustly. Such people carry in themselves empathy and compassion, which moves them to act in order to ease the pain and suffering imposed upon their neighbor as unjust treatment meted out to them by stronger and self-seeking elements of society. These attributes, these qualities of people-helpers that spur them on to action in defense of their neighbor’s rights, are they not variations and varied expressions of true love and unconditional loving? It is true that the poor and oppressed weaker sections of society need the helping hand of dedicated ‘people helpers’ who transcend their own cherished faith, caste, tribe or race. Can such persons be repaid for the help rendered? No. While some are paid monetory compensation for such labour, true and sustained help which is rendered with or without seeking compensatory benefits for such service is of hightest value. Such freely given help - can we not describe this as 'unconditional love' (to what ever height of purity it holds)? Such reach-out, such help rendered to the other or to a needy community - that which goes beyond the limits of particular and personally cherished faiths and beliefs, is this not a way to living a higher level of purification of that which we term as 'justice'?
All people – all of humanity – by virtue of belonging to the one human family are endowed with this gift and ability to reach out to their neighbor in need – to help restore to them the dignity shared equally by all of humankind This inner quality, this rock of being, the divine love of friendship that lives in each persons works unconditionally, against all odds, not seeking the cost – to bring justice to those who seek justice. It is here that what we are referring to as ‘divine justice’ acts to purify, empower and free basic human justice from the clutches of divisions based on status, education, positions in society, roles, nationality, caste, tribe, color, race and religion.
The Source of divine justice is love, which lives within each person’s self. It is necessary to recognize it in any effort to alleviate the suffering of our neighbor and reach out unconditionally to help him or his community in need of justice. Justice works for justice. Divine Justice constantly works to transform, empowers, purifies the quality of justice that lives within oneself. The stream of justice that flows from a heart will be purer each day. Its power and potentiality will quench the thirst for justice of more people, more effectively – as we continue to work tirelessly and selflessly to restore justice to those in need around us.
After all, the title question still awaits an answer! Does justice needs justification? Yes. What is human needs justification. What is divine justifices the human. Humanity, to the extent that it is governed by mere human justice will experience the pain of unfulfillment. Caps of human error, incapacities, limitations will open up for addressal Justice will therefore remain within the boundaries of the human - rational, socio-economic, politico-demographic, cultural, moral and legal areas of life and living. All that is purely human finds fulfillment and completion in the Divine. Love is this saving gift of grace which completes what is lacking, fulfills what humanity longs for, transforms as it transcends the limits of human justice. Such justification of human justice is found in the One who is the Principal Source of Love, hidden and alive in each and all persons alike. The Source is within! See It! Recognise it! The stream will never stop flowing!

- Joy Anne Gonsalves; 26th January 2010;

नोट: उपरोक्त विचार लेखिका के अपने हैं इनसे सहमती असहमति हो सकती हैं आप अपने सुझाव हमें भेज सकते हैं..

Thursday, January 28, 2010

All India Secular Forum Convention, Bhubaneswar

Dear All, I am circulating the minutes of the All India Secular Forum for your ready reference. The list of participants with their contact details will also be circulated shortly. Regards, - Irfan Engineer



Minutes

All India Secular Forum Convention, Bhubaneswar

Date: 20-21st January 2010



By-

Dr. Shahiuz Zaman Ahmed, Assam

Phone: 9401396486

Email: shahiuz@gmail.com



Day One (20th January): 10 AM



The meet of All India Secular Forum (AISF) at Bhubaneswar was initiated by Irfan Engineer. Welcoming all the delegates of the convention, he introduced the founders and other members of the Forum. The introduction of the founder members was followed by observing one minute’s silence to mourn the death of Jyoti Basu, former Chief Minister of West Bengal.



The welcome Address of the meet was delivered by Prafulla Samantra, the Chairperson of the organizing committee, Bhubaneswar Convention. In his welcome address Mr. Samantara first welcomed all the delegates of the Forum. He said that in Orissa though earlier there were no communal riots; unfortunately they have been increasing in the state rapidly. He elaborately speaks on the communal riots of Kandhamaland said that the prolonged conflict in Kandhamal was due to the fact that the communal forces were in power. The police and the state in Kandhamal abdicated their responsibility during the BJD rule. The communal forces have permeated in various political parties. He is dissatisfied with the role of the political parties, who instead of encouraging secular political thought are adding fuel to the communal fire. He said that even secular political parties do not fight communal forces. He says that overwhelming toiling majority of people are secular, however the middle classes, the elite and the pro-capitalist forces were communalised. Imperialism spreads hatred against Islam and Hindutva derives its strength from the growth of consumerism, market forces and imperialism. Fight against communalism is also fight against imperialism, globalisation and market forces. He also mentions of the Gujarat politics which is communal in practice. In Gujarat the Muslim community is widely discriminated from all possible corners. Gujarat is one of the major workshops in India for communal politics. Summing up his lecture he appeals the delegates of the convention to raise their heads and to fight against the communal forces. He says that it is not enough to fight against communalism, we have to fight for issues dear to the people and provide an alternative.



Key note address of the convention is given by Dr. Asghar Ali Engineer. Speaking on the mission of the AISF Dr. Engineer says that the Forum was initially formed to make a nationwide network with the activists and other workers working for communal harmony. The Forum’s decided to study the school text books of each state which directly or indirectly infuse communal sentiments in the mind of the students. But unfortunately, till date the Forum has not been able to undertake the task.. The text books having seeds of communalism, greatly influence the attitudes of the students. He also says that the AISF should not only study the text books of government schools but also should study text books taught in private schools of the country.



He appeals that the peace activists should raise their heads and raise the awareness of the people against the communal political parties. There is an urgent need to fight against the communal forces like RSS. We should spread awareness so that the communal political parties like BJP can’t come to the power. He says that it is the political parties and communal political leaders that create communal environment. In no way religion is responsible for communal situations. Religion teaches us to unite and not divide. Main aim of the AISF and its constituents should come up to fight against the communal forces and try to bring harmony amongst the people belonging to different religious groups.



The Key note Address is followed by inauguration of the book of ‘Striving for Peace’ written by Dr. Ram Puniyani that has been translated in Oriya by Devaranjan and Gyanendra titling ‘Santi Pain Udyam’.



Book release is followed by the self introduction of the delegates coming from different states of the nation.



L S Herdenia while introducing the Manifesto of AISF says the AISF was born in Madhya Pradesh. Narrating the communal scenario of the nation Herdenia says that still the majority of the people in India believe in secular ideology. Only difference is that the communal forces bark more to show their strength and the secular forces remain silent. He says that there should not be any discrimination in the name of religion. The minorities should be treated equally and equality is the right of every citizen. The communal forces in India try to mislead the masses that the Muslims in India exploited the nation snatching its power in medieval times and the same community is now trying to become the majority group of the country. To justify this statement they propagate that the Muslims in order maximize their population marry as many as four wives and give birth maximum number of children, which is a bogus propaganda, says Herdenia. He is also of the opinion that the BJP can never be a secular political party as the party has close connection with the RSS which has been creating communal sentiments in India.



Dr. Ram Puniyani explained the manifesto of the All India Secular Forum This manifesto elaborately speaks the Preamble, the aims and future plans of the AISF. Dr. Puniyani then called for suggestions from the house to amend the manifesto



Tea Break: 10 Minutes



Irfan Engineer presented the Annual Report of the AISF from 23rd March2009 till date. He says that the initial name of the Forum was Rashtriya Secular Manch which has been finally renamed as All India Secular Forum. The AISF units in different states of the nation have been formed. The Forum organized several state conventions and workshops in the last year. The last Annual AISF Convention (2009) was in Nagpur. He also gives detail of the financial statement of the Forum. In the Nagpur Session it was decided to convene the AISF convention for two days instead of one day.



Irfan says that biased education and media are the two most responsible factors for creating communal attitudes amongst the people.



State Reports:



Assam:

The report is presented by Dr. Shahiuz Zaman Ahmed, Assam as follows:



The Forum for Harmony and Humanity, Assam has been formed. The main aims of the forum are:

1. The ‘Forum for Harmony and Humanity, Assam’ has been appealing to keep the unity of the people belonging to different religions, tribes and castes intact.

2. The government should not make any discrimination with the people belonging to different religious and linguistic groups while upgrade it’s National Registrar of Citizen (NRC) in the state of Assam.
3. It also appeals not to disrupt at any cost the present initiatives for peace talks between the terrorist groups and the government.

4. The forum also appeals the government not to harass any legitimate citizen of the state in the name of foreigner’s deportation process.

5. To raise voice against communalization of education.

6. The forum appeals the government to uplift the present condition of all the state universities. It also appeals the government to provincialise all the colleges, schools and other educational institutes those are running without any government assistance.

7. To provide a platform to all like minded organization of the NE to raise their voice for the greater cause Harmony and Humanity.
8. Our Publications:

a. Assamese translation of the book ‘Striving for Peace Combating Communalism Terrorism’

b. Assamese translation of the book ‘Communalism: What is False, What is True?’

c. Bengali translation of the book ‘Striving for Peace Combating Communalism Terrorism.

g. We are also organizing workshops and seminars.



Meghalaya:

This report presented by Sister Joy Anne gonsalves. She basically cites about the ethnic problems of the state.



Bihar:

This report is presented by Philip Mantra. The Bihar unit invites all the political activists to work for communal harmony and appeals not to instigate any communal feelings in the state. The unit last year organized one seminar on communal harmony.



Delhi:

This report is presented by Shakeel. The unit is working on ‘demonization of Muslims. It has been constantly criticizing the Batla House incident wherein innocent students were labelled as terrorists by the police and killed in cold blood in the name of encounter killing. In Delhi the Muslim workers who mainly come from Assam or Bengal are inhumanly harassed on the false and unsubstantiated allegations that they are Bangladeshi nationals. Moreover, youths of this community are often harassed in the name of terrorism. Delhi Unit is also fighting for the rights of these marginalized people.



Goa:

This report is presented by Sumita Sawant Dessai. In Goa communal violence is increasing rapidly. In the state the organization ‘Sanatan Prabhat’ sows the seeds of communalism. Recently during Diwali festival, members of this organization planted a bomb with a view to incite Hindus against Muslims. Interfaith Dialogue for Life (IFDIL) was active and organised workshops and training programmes for youth and college students. IFDIL has active members from Hindu, Christian and Muslim community. IFDIL was intervening to resolve conflict regarding space for cemetery for Muslim community.



Gujarat:

This report is presented by Meera Mehta. In the 2002 communal riots of the state more than 1.5 lakh people were victimized. Many people got killed, thousands got displaced and many women were raped by the rioting mobs belonging to the communal forces. The police and the state were complicit during the rioting and did not take any interest to register the FIRs of the victims. Justice was not given even by the court. All were biased. Now the Muslims of the state are frequently sent behind the bars, labelling them as terrorists. Recently in in the month of December 2010 in Godhra some Muslim women were subjected to inhuman sexual violence. Muslims in the state are considered as Pakistani and the treatment of enmity is given on them. Centre For Development (CfD) was organising the dalit and Muslim youth and forming and bringing them together in various programmes. Two training programmes were organised on the subject.



Lunch Break: 1 Hour

Madhya Pradesh:

This report is presented by L.S. Herdenia. Gandhi anniversary is observed each year by the unit. National days like Independence Day, etc are observed. Book on Karl Marx has been published. MP Chief Minister is more clever/communal than Narendra Modi. The unit opposed the government decisions like introduction of compulsory prayer of ‘Surya Namaskar’ in the schools, calling school teachers as ‘Rishi’. It Organized seminars on the reports of Liberhan Commission, Sachar Committee and Publishes books, posters, etc. Deepak of the same unit says the Muslim youths are constantly harassed in Madhya Pradesh in the name SIMI.



Haryana:

This report is presented by Jagdeep Singh. He starts his presentation with a song on communal harmony. In Haryana caste system and caste discrimination is deeply rooted. Female infanticide is widely prevalent in the state. A person commits female infanticide is honored in public place by the panchayats. Sangh parivar is slowly strengthening its position in the state and are sowing seeds of communalism. Cow protection is used to communalize the people of the state.





Orissa:

Dhirendra Panda presented the report of Orissa Unit. Communal feelings in the state have been growing rapidly and so are the communal forces. In Kandhamal the minority groups feel threatened. Forces of Sangh Parivar are strengthening its position in Kandhamal. Christians are the main victims there. The government is also not interested to look after the cause the minority people. A war like situation has been existing. Next target of attack on Christian community might be in Karnataka. The Forum organised two conventions in Orissa and bothe were well attended by representatives of various organisations working for human rights and peace. AISF activists also helped bringing together lawyers and activists working for justice to the victims of Kandhamal riots.



A lady Rachi Pradhan, a Christian from Kandhamal says that in front of her eyes, her son’s right hand was cut down by the communal forces. Later dogs were allowed on the wounded victim to bite and eat the flesh of his body. She identified all the culprits but the police is unwilling arrest them. The police as well as the court are bias and are reluctant to take action against the culprits as they are guided by the communal government and forces. These communal forces are threatening and pressurizing on this family to get converted to Hinduism.



Resolutions:

The first Resolution was moved by Irfan Engineer.

“This house demands that there be a comprehensive legislation to deal with the communal violence with the provision to make bureaucrats and officers responsible for maintaining peace order and security accountable for their omissions and commissions should they fail to prevent or control communal riots and further hold them responsible for the offences committed during the riots. The legislation should also have provision to make criminal justice system more accountable and victim friendly and victim to have important role at each step. The legislation should provide effective procedures to see that victim get justice and if need be to transfer cases out of the district. The legislation should also provide for compensation, relief and rehabilitation according to best international standards and to ensure that the lives of the victims are not in any manner worst than before the outbreak of violence.”



Proposed Communal Violence Bill is raised on the floor by Irfan Engineer. Mr. Engineer gives a detail prose and cons of the Bill. He says that in most communal violence both government and police are complicit. Under present law, the officers use their discretion and are often complicit during riots. Communal violence becomes possible only in these circumstances. The communal violence bill proposed by the government gives draconian power to the police department which will be used against the minority victims rather than the rioters. Instead of giving more power the bill/rule should make the police department responsible and accountable for any communal violence.



Opposing the government proposed Communal Violence Bill, Hanif Mostaque Ahmed, Assam also suggests that a bill should make police responsible for a violent situation. He wants that a victim of violence should get the privilege to file FIR or to go the court to get his/her grievances redressed.



Philip Mantra also opposes the government proposed Communal Violence Bill vehemently.



Abul Hussain too opposing the government proposed communal violence bill says that the power of the police should be reduced. Uniform compensation should be given to the victims of communal riots.



L S Hardinia suggests that-

* In most of the cases the police people think that the Muslims and the Christians should be finished off to reduce the chances of occurring communal violence. In such a situation if the communal violence bill gives more power to the police or any other defense personnel in suppressing communal act, it would be big a blunder.

* Recruitment process of defense personnel should be such as to gauge their communal biases and attitudes. During training biased attitudes should be addressed

* Number of police/defense personnel belonging to the minority groups of people should be increased to the proportionate of their population

* The police and the district or any other administrative authority should be made responsible and answerable for occurrence of any communal act/s.



In the end all endorsed the resolution proposed by Irfan Engineer



Dhirendra Panda thanking all the delegates concludes the session for the day.





Day Two: 10 AM



Dr. Asghar Ali Engineer moved the resolution on Equal Opportunity Commission. “This house demands that there be a legislation creating Equal Opportunity Commission with appropriate powers of investigation, prosecution and penal wherein all those groups/classes who feel discriminated by any establishment or enterprise may complaint and her/his grievances are addressed effectively through evolution of equal opportunity codes”

He analyses the need of equal opportunity Bill from various point of view. He says that in European countries like, France, Germany, etc. there was no notion of multi culturalism. Switzerland is the only European country where four languages are spoken by the people and they belong to various cultural groups. Switzerland, in Europe was first country to enact a bill on equal opportunity. In India people belong to numbers of religions and linguistic groups. In India discrimination is often made in the name of caste, gender and religion. The Dalit Christians and the Muslims were socially, economically and educationally backward on account of their rampant discrimination. They were grossly under represented in the government sectors. The Sachar Committee Report has exposed the real picture. Thus in India, it is very much necessary to enact an equal opportunity law to give justice to the marginalized sections of the nation. An equal opportunity commission should immediately be formed.



Hanif Mostaque from Assam says that these kinds of commissions are often formed to give justice to the minority groups of people, but all go in vain. He suggests of a concrete law. He supported the resolution.



Prof. Dilip Bora says that equal opportunity law should immediately be implemented in India and supported the resolution.



Philip Mantra says that the religious minority groups should get the privilege of claiming all rights as full citizens with equal opportunities. This resolution was also passed unanimously.



AISF Resolutions On Assam:

1. The All India Secular Forum expresses its great concern on the issue of NRC up-gradation process in Assam. The Forum condemns Assam government’s decision that no other group of people other than the religious and linguistic minorities would have to apply and prove their citizenship.



The Forum strongly opposes the deviation from the All India Rule and the effort of the Assam Cabinet to pass a specially and highly discriminatory policy that will badly affect the normal life and threaten to the citizenship rights of religious and linguistic minority groups as a whole.



2. The Forum expresses its great concern on the issue of foreigner’s detection process of the state of Assam. The Forum deeply regrets that Assam government has been serving notices targeting the Muslim community and requiring them to substantiate and prove their citizenship within short and inadequate span of time and failing such substantiation, arresting them, giving inhuman treatment and under pretext of deportation, leaving them on the Indo-Bangladesh border threatening to kill them if they returned.
3. The All India Secular Forum also expresses its great concern on the insurgent issue as well as the tendency of separatism of North East and appeals to the Union government to take all possible measures to negotiate with the insurgent groups and solve the problem permanently.



AISF accepting all the above resolutions decides to send a Fact Finding Mission regarding the foreigners’ identity process of Assam with the following members:



1. Dr. Hardinia
2. Irfan Engineer
3. Meera Mehta
4. Shakeel

Orissa:



A debate goes on the Kandhamal Violence. All are blaming the Orissa government for not taking any concrete action to bring peace in the region. Issues of conversions are serious in Kandhamal. Adequate compensation and rehabilitation should be given to the victims of the communal violence of Kandhamal. Hemant Nayak says that the religion of the tribal people should be acknowledged as separate religion. Religion of indigenous people should be acknowledged as indigenous religion.



Following resolutions on Kandhamal are taken by the AISF:



1. White paper should be demanded from the government on the role of communal parties and on conversions.
2. Tribal culture and religion should be acknowledged and given due protection.
3. AISF should work on community level at Kandhamal.
4. Freedom of religious acts should be withdrawn.



Godhra Gujrat:

Meera Mehta moved resolution condemning the violations of human rights and brutal sexual molestation of Muslim women in Godhra in December 2010. The resolution was passed unanimously.



Goa:

The house also passed a resolution demanding constitution of Minority Commission in Goa State.



Suggestions on AISF Manifesto:



1. Irfan Engineer submitted written suggestions to amend the AISF Manifesto which included correction of grammatical and typographical errors. He also suggested that we should include reference to the emerging unipolar world, demonization of Islam at the international level which contributes to growing conflicts in south Asia as well as within India. He further suggested that role of media and education in shaping communal attitudes should also be mentioned. Irfan Engineer’s written amendments were accepted by the house unanimously. The delegates were called upon to submit their own suggestions, if any, within a reasonable time and that would be incorporated.



Lunch Break: 1 Hour



Presentation of State work plans, 2010



Groups have been formed. Each group discusses on their future plan and submits it before the floor.



Work Plan, 2010 of Assam, Meghalaya, Delhi, Madhya Pradesh, Bengal and Delhi:



1. Fact Finding Mission on the Foreigners’ issue of Assam by the end of February.
2. Completion of the report by the month of March and release of the report in Delhi organizing one day Consultation by the first week of April.
3. Workshop on Peace and Conflict Resolution as well as state convention in Guwahati by the end of April.
4. Formation of Meghalaya AISF unit at the workshop of Guwahati.
5. Publication of Assamese News letters of the Forum of Harmony and Humanity, Assam twice in a year and the publication English News letter once in a year.
6. National workshop on Capacity Building of Peace Activists for three days in April at Pachmari, Madhya Pradesh. Deepak will take the initiative to organize it.
7. Formation of AISF unit in Haryana and organization of its convention. Jagdeep will take its initiative.
8. First Delhi-Haryana joint state convention of Women for Secularism tentatively on 8th March 2010. Jagdeep and Shakeel are responsible to organize it.
9. State Convention of Bengal in May 2010. To be looked after by Emanual, Kolkata.
10. Regional convention of AISF taking state representatives of UP, MP, UK, CG, Bihar, Jharkhand, Gujarat, Rajasthan, Delhi and Himachal Pradesh. Deepak will take its initiative.



Work Plans, 2010 are presented by other group conveners like, Sumita Sawant Dessai (GOA), Amir Kumar Naik (Kandhamal, Orissa) and Pradipta Naik, (Orissa).



Formation of AISF Convening Committee, 2010

Chief Adviser: Dr. Asghar Ali Engineer

Chief Convener: Dr. LS Hardinia

Conveners: Ram Puniyani

Irfan Engineer (Treasurer)

Dr. Dilip Bora

Prof Mohd Arif

Anuradha

AISF News Letter Editor: Dr. Ram Puniyani

Open Session

Chair: Prof. Mrs. Lopa Mudra Mahanti

Dr. Asghar Ali Engineer:

‘Secular thought is the only way out to keep the unity of India intact’, says Dr. Asghar Ali Engineer. Secularism does not mean rejection of religion. Imposed secularism can never be real secularism. Dr. Engineer condemns the decision that a taxi driver in Mumbai should be fluent in speaking Marathi language to ply his taxi.



The other distinguished guests like, Sudhir Patnaik (A leading journalist from Orissa), S Das, (a leading journalist from Orissa), Dr. LS Hardinia, Dr. Ram Puniyani and Prafulla Samantara delivering their lectures appeal to work for communal harmony. All the guests condemns the violent incidents like Kandhamal, Godhra, etc. Rise Communal Forces are big threats to the secular thought.



In this open session a few numbers of Kandhamal residents who bravely tried to resist the communal forces have been felicitated by the AISF.



Mrs. Chairperson in her Presidential address appeals all the delegates to be good humans which can bring hopes of total secular society in the nation.



At the end of the meeting Advocate Irfan Engineer offers vote of thanks to all the distinguished guests and the delegates of the convention.

Tuesday, January 26, 2010

Piyush Sethia Charged with Sedition for Pamphleting Against State Atrocities on Adivasis in Chattisgarh

Dear all:
Today, a cycle rally was to be launched to travel through Tamilnadu to the constituency of Home Minister P. Chidambaram to inform Tamilnadu residents about the State/Central Govt's war against adivasis in Chattisgarh.

Piyush Sethia was to begin the rally with two other friends after distributing pamphlets at a Republic Day function attended by the Collector. The pamphlet is a well worded one asking why the State is denying the guarantees under the Constitution by the Republic of India to adivasis, and why the State Government has refused to obey the Supreme Court order directing them to rehabilitate the 644 evicted villages, and their residents. The pamphlet ends by stating that we won't remain silent and will take a cycle rally through the villages of Tamilnadu to build public opinion (hardly a non-democratic means).

Even before he could distribute one pamphlet, police personnel appeared on the scene and demanded to know what he was doing. He shared one of his pamphlets with them. Inspector (IS) Mr. Annadurai, who arrived on the scene in a jeep, got down and instructed Piyush to enter the jeep. When Piyush refused to do that Mr. Annadurai repeatedly hit him on his head, and pushed him into the jeep.

Piyush has been charged with sedition (Section 124A -- see below for the definition of the charge under IPC), and for disrupting a Government function (Section 4(i) under TN Police Act, 1949). The former (Sedition) is a non-bailable offence with a maximum sentence of life plus fine. However, the charge is totally non-maintainable given the content of the pamphlet that was distributed. It appears that Piyush will be in Salem Central Jail for a few days before he can be released. His advocate Mr. Mayan assured me that he will be released in a few days, hopefully before 29 January.

I'll send a scanned copy of the Tamil pamphlet in a short while, with a translation for your reference. Tomorrow, Madhumita Dutta, Mr. A. Marx, Kutti Revathi (a poet) and other human rights defenders will address a press conference highlighting the shameful act of the Tamilnadu Police in curbing lawful expression of opinions with an intent to invite people to exercise their democratic rights by putting pressure on the Central Government in general, and on Mr. P. Chidambaram in particular.

WHAT YOU CAN DO:
1. Write polite letters to the Commissioner of Police, Salem, after you have had a chance to read the contents of the pamphlet, expressing your outrage at considering pamphleteering a seditious act, and inviting him to restore your confidence that Tamilnadu still operates within the democratic framework set out by the Constitution.

2. Get people (including known names) from your city to sign a statement defending free speech, and have it faxed to the Commissioner of Police.

3. Get people who can write to write in blogs, opinion pieces in media.

Letters may be sent to:
Commissioner of Police
Salem City
Phone/Fax: +91 (0)427 2410217

Model Message: "We are alarmed at the charge of sedition framed against Piyush Sethia for distributing pamphlets announcing the launch of a peaceful, non-violent public opinion mobilisation via a cycle rally to highlight and protest against the Government's atrocities against Adivasis in Chattisgarh. We are concerned about your office's clampdown on constitutionally guaranteed rights to free speech and expression on a day when the Republic is being celebrated. Kindly withdraw the charges, and honourably discharge Mr. Sethia."


124A. 1[ Sedition.-- Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, 2[ the Government established by law in 3[ India], a 4[ shall be punished with 5[ imprisonment for life], to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine. Explanation 1.- The expression" disaffection" includes disloyalty and all feelings of enmity. Explanation 2.- Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section. Explanation 3.- Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.]






Monday, January 25, 2010

AISF convention through photo




[AISF] Report of police brutality and sexual violence in Godhra

Dear All,

Meeraben Rafibhai Malek (associated with All India Secular Forum through her organisation Centre for Development) and Prasad Chacko visited Godhra and have given this fact finding report after meeting the victims. This is for your perusal

Yours sincerely,

Irfan



Report of our visit to meet the victims of police brutality and sexual violence in Godhra

We came to know about the inhuman atrocities perpetrated on the women of Hathila and Geni plots (near Urdu School) of Godhra on the midnight of 19th -20th of December, almost 12 days later. The media had not reported this ghastly attack at all. We visited Hathila plot on the 2nd of January and talked to the women who were brutally assaulted and sexually abused during the entire episode and later on in custody. The purpose was to meet the victims of this police atrocity, be in solidarity with the victims in their trauma, and also to ascertain and record the details of this atrocity.



The incident



The police seemed to have been pursuing an accused alleged of cow-slaughter. Due to some reason the accused managed to escape from another residential area close to Hathila plot. Following this incident the police ‘raided’ the Hathila plot in the middle of the night around 1.00 a.m. (on the 20th of December, 2009). The police forcibly entered a number of houses and started beating up the innocent women. They verbally and physically assaulted the defenceless women in their houses and after terrorizing the community for over an hour, 8 women were dragged away. The women were illegally detained on false and frivolous charges and pushed into the police vehicles, in blatant violation of the guideline that women cannot be arrested and taken into custody without the presence of women constables. And this happened well past midnight.



We would not like to go into like the frivolous charges levelled against the women, nor the wanton destruction that the police party had engaged in before taking the women away. We would like to focus on the inhuman battering and the sexual abuse the women were subjected to, which is a very serious violation of human rights and the law by the police; and raises very serious questions regarding the impunity with which police engage in such brutal violations.



Police atrocities and sexual violence



Sub Inspector A.V.Parmar, constables Prabhatsinh and Suresh from Godhra Sector B led this criminal group of policemen, and the women have identified them; they would be able to identify the remaining policemen in person if and when presented before them. The police personnel who had forced themselves into the houses had engaged in extremely sexist abuses and crass acts like opening their pants and displaying their private parts. These policemen, particularly PSI Parmar and the constables named above, crossed all limits; they grabbed and applied brutal pressure on the breasts, buttocks and the private parts of the women, while verbally and physically assaulting them. As the women resisted this abuse, they were brutally beaten up with lathis and kicked dangerously in the stomach and other parts of the body. The police forced themselves into the house of a widow who was still in the iddat and misbehaved with her despite pleas of all those present there. She was also abused and manhandled, but the police stopped short of arresting her and taking her away with the other women, (perhaps fearing serious consequences). Even a young woman who was to get married the next day was beaten up badly and was injured on her toes, which was bleeding profusely. Two women who were running away to protect themselves were pursued and battered by these police personnel and later loaded into their vehicles. A young mother who was nursing her 15 day old child also was brutally beaten while still holding the baby. All the women also disclosed that the sexual abuse and violence continued in the vehicle and in the police station as they reached there.



All the while they kept shouting obnoxious expletives, threatening to rape and kill them, and that nothing would happen to the policemen whatever they do. Even after 14 days the clot and the painful injury marks are still visible all over their bodies. All the injury marks which were visible in the photographs shown by them were verified in person and in private by the women who were in this fact finding team. We have not attached photographs so that their privacy could be respected.



The young children who had witnessed this violence are still in a state of shock and many of them, the women victims and their family members find it difficult to sleep at night.



The Magisterial Inquiry



Our experience pertaining to action taken in the event of police brutalities is generally negative. The records are invariably manipulated and the victims are terrorized into denying any such brutality when produced before the magistrate. The police allegedly showed the arrest only at around 5.30 p.m. on the 20th although the women were in detention from the wee hours of the morning (around 3.00 a.m.). However when the women were finally produced before the magistrate (who happens to be a woman), she listened to the victims, examined their injuries and ordered the police to take them right away to the civil hospital. Even this, the police delayed and also forced the medical staff to get the medical examination done in their presence and by male staff.



The sensitive observations made by the magistrate are a silver lining in an otherwise brutal inhuman atrocity case. This has further enabled the Chief Judicial Magistrate to order an inquiry into this atrocity under Section 202 of Cr.PC. Hopefully this prima facie case made out against the police would help the victims in getting justice.



What next?



The legal process will take its course, and there are civil society organizations such as Citizens for Justice and Peace who have taken up the matter. But our concern still remains. Violence against women has been on the rise in Gujarat; and the kind of brutality that has been perpetrated only shows the dangerous and violent mindset that has been setting in particularly after the Gujarat Carnage in 2002. We witnessed at that time an unprecedented orgy of sexual violence in the carnage by the murderous mobs as well as the police. But nothing much could be done about it due to lack of complaints and evidence. Now we are witnessing more and more of such brutal violence both by criminals and the police with impunity. And when such brutalities are perpetrated by the police we know that we are at the edge of a precipice.



We have to see this as a crisis situation and respond with the urgency it deserves. There is a need for us belonging to human rights and women’s rights organizations to overtly be with the victims of such violence; to take strong positions and express this in strongest and loudest ways possible. While the legal process should also be strengthened it is equally important that we respond socially and politically to eliminate this mindless violence. We have to challenge our collective conscience and commit to prevent and end this violence against women. Can we come together to do something before it is too late?



Meera Rafi Malek



Prasad Chacko

[AISF] Orissa CM Statement in Orissa Assembly : RSS involved in Kandhamal riot


Dear Friends,

In his written reply to the question raised by CPI MLA Shri Adikanda Sethy, Orissa Chief Minister admits in the Legislative Assembly that Sangh Parivar was involved in the Kandhamal riot. Please see the question and reply along with a news item circulated by PTI.

Regards,

Dhirendra

23.11.2009

Kandhamal Riot

UD – 581-Shri Adikanda Sethy, MLA –

Will the Chief Minister reply, please?

(a) Will you mention the name of the organizations involved in the Kandhamal riot? How many workers of Vishwa Hindu Parisad and Bajranga Dal were arrested for it?

(b) Will you mention the areas where the houses were burnt or destroyed during Kandhamal riot and how many persons are in jail as of now ?

Reply

Shri Naveen Patnaik, Chief Minister -

(a) It was revealed from the enquiry of the cases related Kandhamal riot as lodged (police stations) that RSS/VHP/Bajranga Dal workers were involved in the riot. Because of their involvement in Kandhamal riot, 85 persons of RSS, 321 persons of Vishwa Hindu Parisad and 118 persons of Bajranga Dal were arrested.

(b) Areas under the Phulbani Town, Gochhapada, Khajuripada, Phulbani Sadar, Tikabali, G.Udayagiri, Raikia, Phiringia,Sarangagarh, Baliguda, Tumudibandha, Kotagarh and Daringibadi police stations the houses were burnt or destroyed and 27 persons involved in the riot are in jail till now.


Sangh parivar activists involved in Kandhamal riot: Naveen
Updated on Monday, November 23, 2009, 21:53 IST
Bhubaneswar: Members of the Sangh parivar were involved in the communal violence in Kandhamal which claimed at least 38 lives besides causing damage to 4640 houses, Orissa Chief Minister Naveen Patnaik said on Monday.

"It is learnt from investigation into the riot cases that the members of RSS, VHP and Bajrang Dal were involved in the violence that took place last year," Patnaik told the Assembly while replying to a question by a CPI member.

Sangh Parivar activists were arrested in this connection. Of them 85 were of the RSS and 321 members of VHP were rounded up on charge of riot. The number of Bajrang Dal workers arrested on charge of violence was 118, he said.

At least 27 persons allegedly involved in the riots were still in jails, the Chief Minister said.

He said house damage and house burning incidents were reported from at least 13 police station areas in Kandhamal.

To another question, Patnaik said the commission of inquiry probing the violence in Kandhamal after the killing of VHP leader Laxamananda Saraswati had so far received affidavits of 383 persons and examined at least 34 government officials.

- PTI