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		<title>Supreme Court’s judgement on Bhullar is an opportunity lost to recognize death : ACHR</title>
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		<comments>http://thefishpond.in/mahtab/2013/supreme-courts-judgement-on-bhullar-is-an-opportunity-lost-to-recognize-death-achr/#comments</comments>
		<pubDate>Fri, 12 Apr 2013 08:15:49 +0000</pubDate>
		<dc:creator>Mahtab Alam</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[ACHR]]></category>
		<category><![CDATA[Bhullar]]></category>
		<category><![CDATA[Death Penalty]]></category>
		<category><![CDATA[india]]></category>

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		<description><![CDATA[<p>New Delhi/Press Release (12th April 13) : Asian Centre for Human Rights (ACHR) expressed its regret over today’s Supreme Court judgment rejecting Devinder Singh Bhullar&#8217;s plea to commute his death penalty to life sentence on the ground that he underwent great agony for 11 years awaiting the President&#8217;s decision on his mercy plea.</p> <p>“It is [...]]]></description>
				<content:encoded><![CDATA[<p>New Delhi/Press Release (12<sup>th</sup> April 13) : Asian Centre for Human Rights (ACHR) expressed its regret over today’s Supreme Court judgment rejecting Devinder Singh Bhullar&#8217;s plea to commute his death penalty to life sentence on the ground that he underwent great agony for 11 years awaiting the President&#8217;s decision on his mercy<br />
plea.</p>
<p>“It is an opportunity lost for recognising ‘death row syndrome’ i.e. the traumatic stress imposed on a prisoner by having to wait on prison wings set aside for those sentenced to death. The European Court of Human Rights in its judgement in the case of Soering v United Kingdom has already recognised ‘death row syndrome’ to be in violation of Article 3 of the European Convention on Human Rights relating to torture, inhuman and degrading treatment, bearing in mind the age and mental well-being of the person concerned and the conditions and length of detention on death row”.- stated Mr Suhas Chakma, Director of Asian Centre for Human Rights.</p>
<p>“Mr Bhullar’s case calls for development of criteria for consideration of mercy pleas by the President. Since Mr. Justice M.B Shah in his dissenting judgment held that confessional statement of Bhullar as recorded by the investigating officer cannot be the sole basis for awarding death sentenceto him, President Patil should have taken the dissenting judgement into consideration as she had commuted death sentences into life imprisonment for death-row convicts in whose cases there was no dissenting opinion of any judge. India’s tilt against political crimes is palpable.” Further stated Mr Chakma.</p>
<p>The decisions of the Government of India with respect to mercy pleas have been arbitrary, discriminatory, secretive and based on political considerations. Even though all death row convicts are equal before the law after their conviction, the Government of India has been arbitrarily picking up death-row convicts to secretly hang them.</p>
<p>“After this judgement, India will have to resume execution including of 17 death row convicts who had filed petitions before the Courts on the grounds of delay. India must decide whether it wants the tag of the top five executioners of the world along with China, Iran, Saudi Arabia and Iraq. During 2001 to 2011, India considered cases of at least 5,776 death row convicts i.e. 4,321 convicts whose death sentences were commuted tolife sentences and 1,455 convicts whose death sentence were confirmed by the Courts.” – furthermore stated Mr Chakma.</p>
<p>Asian Centre for Human Rights called upon the Government of India to join increasing members of Members States of the United Nations which are abolishing death penalty and put a moratorium on death penalty with the aim to ultimately abolish death penalty.</p>
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		<title>Manipur: ‘Justice Hegde Commission on Fake Encounters: A New Hope for the Victims’</title>
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		<pubDate>Wed, 27 Mar 2013 17:55:55 +0000</pubDate>
		<dc:creator>Mahtab Alam</dc:creator>
				<category><![CDATA[statements]]></category>
		<category><![CDATA[violence]]></category>
		<category><![CDATA[Extrajudicial Execution Victim Families Association]]></category>
		<category><![CDATA[Fake Encounter]]></category>
		<category><![CDATA[Justice Hegde]]></category>
		<category><![CDATA[Manipur]]></category>
		<category><![CDATA[supreme court]]></category>

		<guid isPermaLink="false">http://thefishpond.in/?p=1438</guid>
		<description><![CDATA[<p>PRESS NOTE-22nd March 2013 /New Delhi: In September 2012 Extrajudicial Execution Victim Families’ Association, Manipur (EEVFAM) along with Human Rights Alert (HRA) submitted a list of 1528 extra-judicial executions in Manipur since 1979 praying to the Supreme Court for the constitution of an Special Investigation Team (SIT) to investigate the matter.</p> <p>After hearing out the [...]]]></description>
				<content:encoded><![CDATA[<p>PRESS NOTE-22nd March 2013 /New Delhi: In September 2012 Extrajudicial Execution Victim Families’ Association, Manipur (EEVFAM) along with Human Rights Alert (HRA) submitted a list of 1528 extra-judicial executions in Manipur since 1979 praying to the Supreme Court for the constitution of an Special Investigation Team (SIT) to investigate the matter.</p>
<p>After hearing out the arguments from the State of Manipur, Union of India and the National Human Rights Commission, the Supreme Court on 4 January 2013 constituted a high power Commission “to be fully satisfied about the truth of the allegations concerning the cases cited by the writ petitioners”. Hon’ble Mr. Justice N. Santosh Hegde, former Judge, Supreme Court of India is the chairman and Mr. J.M. Lyngdoh, former Chief Election Commissioner and Dr. Ajai kumar Singh, IPS. Retd. DGP and IGP of Karnataka are members respectively.</p>
<p>The Commission is mandated to make a thorough enquiry into and record a finding regarding the past antecedents and the circumstances in which they were killed for the following victims.</p>
<p>1. Azad khan, 2. Khumbongmayum Orsonjit, 3. Nameirakpam Gobin Meitei, 4. Nameirakpam Nobo Meitei, 5. Elangbam Kiranjit Singh, 6. Chongtham Umakanta, and 7. Akoijam Priyobroto</p>
<p>“In light of the enquiries made by it, the Commission is also mandated to address the larger question of the role of the State Police and the security forces in Manipur. The Commission will also make a report regarding the functioning of the State Police and security forces in the State of Manipur and in case it finds that the actions of the police and/or the security forces transgress the legal bounds the Commission shall make its recommendations for keeping the police and the security forces within the legal bounds without compromising the fight against insurgency.”</p>
<p>The Commission invited affidavits from the public having knowledge of the facts and circumstances relating to the killings of the persons listed. Thereafter cross examinations of the witnesses were held at Classic Hotel Imphal from 3 to 7 March and in Vigyan Bhawan New Delhi from 13 to 21 March 2013. The report is expected be to submitted before the court by first week of April.</p>
<p>During the final submission to the Commission on behalf of the petitioners the following suggestions were made:</p>
<p>1. Special investigation teams consisting of 25 senior investigation officers from outside the state of Manipur should be appointed to take up the investigation and prosecution of 25 serious cases where it is alleged that fake encounters have taken place.<br />
2. 9 district Courts should be separately established to function exclusively as Human Rights Courts in accordance with Section 30 of the Protection of Human Rights Act, 1993 with the qualification that such courts will be empowered to entertain complaints of human rights violation directly and to devise its own procedure so that these criminal proceedings are completed within a period of 6 months.<br />
3. That it be declared that custodial killings and other human rights atrocities when committed require no sanction for prosecution either under the CrPC or UAPA or AFSPA as the commission of a human rights atrocity has nothing to do with the performance of public duty.<br />
4. In all other cases, where sanction is necessary, the State should communicate its order regarding the grant of sanction within 30 days of the application for sanction.<br />
5. The National and State Legal Aid Services Authorities should provide competent lawyers with a fair practice at the Bar and with at least 5 years experience for all the victims of human rights atrocities and such lawyers will be paid by the State at rates not inconsistent with the normal commercial rates for legal practitioners.<br />
6. A system of registering FIRs through email, registered post and other convenient methods and at public places other than police stations such as public hospitals should be put in place so that agrieved individuals can have their FIRs registered forthwith and acknowledged by the police.<br />
7. That in all cases, right from the reporting of the human rights atrocity, the victims and their families and concerned witnesses shall be taken under the care and protection of the a special State Unit for Victim and Witness Protection, and this unit shall be responsible to protect these persons from victimization and further harm, ensure that substantial financial assistance is provided to them, ensure that generous compensation is paid and generally ensure that the lives of the persons is restored to the same level and standard as compared to the situation prevailing prior to the atrocity.<br />
8. To help the victims and their families reconstruct their lives, the State should extend the existing social welfare schemes to such persons by amending the schemes if necessary and also create new and specific schemes with generous benefits covering education, pension, employment, health care, housing and other social benefits. In particular, such persons ought not to be stigmatized or discriminated against on the ground that they are the widows or relatives of “alleged” terrorists.<br />
9. In all cases where it is alleged by the family or friends of the deceased that a fake encounter has taken place, a district judge or a retired district judge should conduct an inquiry expeditiously to come to a prima facie conclusion as to whether a fake encounter has taken place or not.<br />
10. In all cases where, under the orders of the High Court, or as Commissions of Inquiries, inquiries have been done in respect of allegations of fake encounters, all such reports should be made public and copies given to the families of the victims and in cases where the findings are that the encounter was fake, criminal prosecution of the personnel concerned should immediately begin and fast tracked to finish within 6 months.<br />
11. That this Honorable Commission recommend to the Supreme Court that a Commission be formed – along the lines of the present Commission – to meet with all sections of society , study the situation and make recommendations for the restoration of democracy in Manipur, the withdrawal of the Army and for peace to be restored.<br />
12. It be recommended that AFSPA be repealed and the security forces withdrawn. We are jointly calling for a press conference to update the national media on the developments and our expectations from the Hon’ble Supreme Court of India to fight the menace of Armed Forces Special Powers Act in Manipur.</p>
<p>The collective which supported the victims during the Commission namely of the Extrajudicial Execution Victim Families Association, Manipur (EEVFAM) , Human Rights Alert (HRA), Manipur, Human Rights Law Network (HRLN), New Delhi, Jan Sangharsh Manch (JSM), Gujarat and other sincerely hopes that the Commission and the Supreme Court will play the much needed catalytic role of bringing justice to the victims of AFSPA.</p>
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		<title>Why Special Cell will continue to manufacture dreaded terrorists: JTSA</title>
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		<pubDate>Sat, 23 Mar 2013 09:41:17 +0000</pubDate>
		<dc:creator>Mahtab Alam</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Delhi Police Special Cell]]></category>
		<category><![CDATA[JTSA]]></category>
		<category><![CDATA[Manufacturing Terrorist]]></category>

		<guid isPermaLink="false">http://thefishpond.in/?p=1437</guid>
		<description><![CDATA[<p>Last year, JTSA compiled and released a report documenting 16 cases where the Delhi Police, especially its Special Cell, had framed innocents as terrorists. An overwhelming number of these unfortunate men were from Kashmir. Despite the fact that we cited court judgements which reprimanded the Cell for refusing to join independent witnesses, for willfully violating [...]]]></description>
				<content:encoded><![CDATA[<p>Last year, JTSA compiled and released a report documenting 16 cases where the Delhi Police, especially its Special Cell, had framed innocents as terrorists. An overwhelming number of these unfortunate men were from Kashmir. Despite the fact that we cited court judgements which reprimanded the Cell for refusing to join independent witnesses, for willfully violating established procedures, for illegally detaining accused and showing their arrests on later dates; for fabricating evidence and failing to provide an iota of evidence in support of their charges – neither the leadership of the Delhi police nor the Home Ministry felt the need for any enquiry.</p>
<p>Many of these prize catches of the Special Cell happened to be either police or IB informers, surrendered militants, or men with whom one agency or the other had a score to settle. To that extent, Special Cell’s latest, sensational Holi gift – of having foiled a major terror attack in the capital city by Hizbul Mujahideen – follows the set narrative. What the Special Cell did not bargain for was the contestation of their great feat by the J and K police, who clearly said that Liaqat Shah was a former militant who was returning to Kashmir as part of the state government’s rehabilitation policy for surrendered militants. So, to its utter surprise, the Special Cell was not greeted by instant glory, but by an unusual bad press.</p>
<p>But again, predictably, the MHA has rushed to the defence of the pampered Special Cell. It is this continuing impunity which has emboldened agencies to pick, detain, arrest and charge people with terrorism. Three of the four officers of the Special Cell in the current ‘Hizb operation’ feature rather prominently in the JTSA report: DCP Sanjeev Yadav was key player in five of the 16 cases in Framed, Damned, Acquitted; Sanjay Dutt in six and Rahul Kumar in seven. It should be recalled also that DCP Sanjeev Yadav was indicted by the NHRC for masterminding the fake encounter at Sonia Vihar in 2006 (when he was an ACP). We demand that the magisterial enquiry into the encounter conducted by the then Divisional Commissioner, Shri Vijay Dev, be made public immediately. We fear that there is a concerted attempt to suppress the report of the magisterial enquiry.</p>
<p>Till this impunity ends, we shall continue to witness these press conferences, the display of seized arms and explosives, the conferring of medals and gallantry awards, and the manufacturing of fidayeens.</p>
<p>Released by jamia teachers solidarity association<br />
www.teacherssolidarity.org<br />
23 March 2013</p>
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		<title>We Shall Overcome : An Interview with K K Shahina</title>
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		<pubDate>Tue, 26 Feb 2013 07:25:49 +0000</pubDate>
		<dc:creator> Aswathy Senan</dc:creator>
				<category><![CDATA[state]]></category>
		<category><![CDATA[violence]]></category>
		<category><![CDATA[Karnataka Police]]></category>
		<category><![CDATA[madani]]></category>
		<category><![CDATA[muslim]]></category>
		<category><![CDATA[Shahina KK]]></category>
		<category><![CDATA[terrorism]]></category>
		<category><![CDATA[UAPA]]></category>

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		<description><![CDATA[<p></p> <p> News reports mention that in the case registered against you by the Karnataka police you were charged with crimes that could get you ten years imprisonment. Is that true?</p> <p>They have added one or two new allegations apart from the ones filed in the FIR. One accuses me of intimidation with death threats to [...]]]></description>
				<content:encoded><![CDATA[<p><a href="http://img.thefishpond.in/482412_217601885050289_1450184847_n.jpg"><img class="size-medium wp-image-1415 alignleft" title="K K Shahina" alt="" src="http://img.thefishpond.in/482412_217601885050289_1450184847_n-300x168.jpg" width="300" height="168" /></a></p>
<p><strong> News reports mention that in the case registered against you by the Karnataka police you were charged with crimes that could get you ten years imprisonment. Is that true?</strong></p>
<p>They have added one or two new allegations apart from the ones filed in the FIR. One accuses me of intimidation with death threats to the witnesses in the Madani case. Then there is criminal conspiracy as well. With my limited legal knowledge, I gather that 120(b) which refers to criminal conspiracy is an offence that could probably grant one life imprisonment. But it is usually in relation to murder, i.e., conspiring against the murder of someone that would gain you such rigorous punishment. But conspiracies leading to other crimes are punishable with only seven or so years or imprisonment.</p>
<p>That is what I understand. I might be wrong as well.</p>
<p><strong>You had gone to meet and interview the two main witnesses in the Abdul Naser Madani case. What was it that really happened?</strong></p>
<p>When I inquired about the witnesses in detail, I got to know that two of the three witnesses were BJP-RSS workers. The third witness is someone named Rafeeque, a farm worker. Since two of them were BJP-RSS workers, I felt that there is a possibility that there could be fabrication of some kind. This was a mere guess. So, I decided to go meet them.<span id="more-1412"></span></p>
<p><strong>Were the witnesses aware that you were going to meet and interview them? Had you informed them about your visit?</strong></p>
<p>No, I did not have any contact information like phone no or address. I just went there straight, without calling or intimating them of my visit. I went and spoke with them.</p>
<p><strong>So, it is that conversation that led to your controversial article when you mention that their statements were fabricated?</strong></p>
<p>Yes. The first person I met there was KK Yogananda, the first witness in this case. Yogananda is an ex-BJP- RSS worker, who is now leading the life of a farmer. After a brief introduction, I asked him, &#8220;Have you met Abdul Nasser Madani?&#8221; to which Yogananda replied, &#8220;No.&#8221; Actually it totally shocked me. Here is a witness, a very important element in the case, who in police documents states that he has met Madani, saying so easily that he has never met Madani. So, I asked him again&#8230;</p>
<p>I had recorded the whole incident in a secret camera. So, I asked him again, &#8220;But the police documents state that you have met Madani.&#8221; So, he corrected me and said, &#8220;You are mistaken. The police documents state that I have met Tadiyantavida Naseer and not Madani.&#8221; And then he elaborated on his meeting Tadiyantavida Naseer with details of how many times he has met him, what he looks like etc. What I assume from that interview is that the police must have added the name of Madani in the statement that Yogananda gave about his meeting with Tadiyantavida Naseer. It is possible that the police might not even have told Yogananda about this additional information about himself! Or else, he might not have denying not having met Madani so easily.</p>
<p><strong>What about the second witness?</strong></p>
<p>From there we went to the second witness: Rafeeque. There is also another witness: Prabhakar, who is also a BJP worker, who was an ex-BJP Panchayath member. We tried to meet him as well, but we couldn&#8217;t. Meanwhile when we were at the market place, interacting with a few people there, including Panchayath Vice President Vijayan, all of them stated that they have never seen Abdul Naser Madani in that area. While this conversation was happening, the police came. They were in a threatening mode asking what I was doing there. I told them that I was doing my job; I am a Tehelka correspondent and have come here to study and write about the terrorist activities in this area. When I showed them my card, they warned us again that the place was not that nice and that we should leave the place soon.</p>
<p><strong>What was the response of the police to your name, Shahina? Did Shahina&#8217;s Muslim identity change their behaviour towards you?</strong></p>
<p>Definitely. I could see their facial expression change when I mentioned my name. They verified my identity card, but seemed unconvinced. Then they asked me if I am a Muslim. I answered, &#8220;I am a journalist.&#8221; I did not say yes or no to the question.</p>
<p><strong>Did they abuse you when you said that?</strong></p>
<p>No&#8230;I have travelled outside Kerala as part of my work. Also, while working in a research institute, I have had to travel in many states in India and interact with the police in those places. Knowing that, I had approached the interrogations by the police in a tactful manner. But that day, I could go free from there only because I very boldly stated that I was a Tehelka correspondent and I was doing nothing but doing my duty as a journalist.</p>
<p><strong>So, from there you went to the next witness?</strong></p>
<p>Yes, after that I went to the next witness. Rafeeque, a young farm worker of 25 or so had worked in the field that was owned by Tadiyantavida Naseer. He was arrested and kept in custody by the police for two weeks or so. He told me how brutally he was harassed in the police station by interrogation methods like electric shock. After that he was released without filing any case.</p>
<p><strong>Have you recorded that as well?</strong></p>
<p>Yes, all those interactions have been videotaped.</p>
<p>He told me that he was sad that things have happened this way. He said that he was forced to give those statements against Madani. Unlike Yogananda, Rafeeque knows that his name has been mentioned in the documents. He said that he was repentant for having faked it. He thought that his five year old son, who was suffering from some illness, was in pain because of his ill deed; it was god’s punishment upon him! That was the situation that day.</p>
<p><strong>The Karnataka newspapers carried your case in favour of the police. May be the Kerala journalists were with you on this. But when you look back upon those days, do you think the media friends were not supportive enough?</strong></p>
<p>When I got back from Karnataka, my friends there called up and said how the papers there had reported my visit: as someone having connections meeting people with the intention of doing some dubious activities.</p>
<p>But what shocked me most was the way Malayalam dailies/media like Mathrubhumi carried the news about the visit: “Shahina threatens witnesses in Madani case.”, not even “Karnataka police accuses Shahina of threatening witnesses in Madani case”. Most of the reporters who reported this in newspapers were journalists with whom I have attended press meetings, had tea with and interacted on a professional level for the past 15 years or so. They carried the report without even verifying the issue with me. At the same time, there were people who approached this positively as well, as an encroachment on media freedom.<br />
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<p><strong>Do you think that the approach of most of the reporters or newspapers was influenced by the general notion about Madani?</strong></p>
<p>Definitely. All the newspapers here have repeatedly stated that Madani had visited Latheri Estate, as if they are more convinced than the police about the visit. I am not making a blanket statement about all journalists, but most of them reported it like that. A layman can make such a statement. But I believe that reporters should make statements supported with evidence.</p>
<p><strong>What do you think about the insane way in which certain people and incidents are portrayed by the media which strongly influence the popular conception? In the case of Madani everyone associated with him have landed themselves in trouble. Those who have met him, those who have interacted with him, those who have attended meetings with him, those who have attempted political affiliations with him&#8230;everyone has had to bear the brunt of it. What do you feel now about the insane methods that lead a society to such a perception?</strong></p>
<p>If you go through the media archives, and look up the allegations that have been raised against Madani, you will realise that none of them have been proven, nor has anyone done a follow up on any of those and proven it true or false. Politicians, who had hidden intention in the whole issue, used it cleverly and tactfully in their favour which everyone bought! I believe that media people are principally responsible for rethinking the unfairness in such practices that threaten the smooth functioning of democratic system.</p>
<p><strong>Not just media personalities, but society as well?</strong></p>
<p>Yes, while society in general should be alert to this, media in particular should be, as media is supposed to be the fourth pillar of democracy!</p>
<p><strong>After the charge sheet was filed, you had to face a lot of difficulties, right? You had to present yourself every two weeks to a police station in Karnataka and sign etc. Could you speak a bit about those days?</strong></p>
<p>The interrogation part was very intimidating. I would say that no media person who has worked only in Kerala has gone through that terrifying process. Their mode of interrogation is very interesting: they make you say what they want to hear. Especially in non-genuine cases like this, they ask questions in a roundabout fashion. It is like placing a worm on your head; it just slowly drills into you, and becomes a part of you. They ask you questions in such a way that you end up contradicting yourself. Let me give you an example. One of the questions I was asked was, &#8220;On your way, you had stopped at one place for ten minutes, right?&#8221; Now, this is a question that is asked some 6-7 months after the incident has happened. I thought for a long time and replied, &#8220;No.&#8221;. They retorted, &#8220;No, you did stop! You had stopped at this place to have tea.&#8221; Now, we might think that the police are stressing on this particular break that we took to have tea, to probably point it to something, or fabricate some activity to that one event.</p>
<p><strong>Apart from the mental torture that you went through, did you have to endure physical torture? If not, did they warn you that you could be put through physical torture?</strong></p>
<p>No, surely not. The interrogation is torturous in itself!</p>
<p><strong>Have you felt that during that time you did not have enough support from Kerala? When I called you during that time, I remember you telling me, &#8220;Not many people call me these days. Thanks for calling.&#8221;</strong></p>
<p>Yes.</p>
<p><strong>You were not contacted by many whom you expected calls or support from, right? Did you feel alienated at the initial phase of the controversy?</strong></p>
<p>Surely. There was a silence from the part of the media which was quite disturbing. Even political parties took their own time to understand the gravity of it, and it was slowly that they took this up.</p>
<p><strong>Before that, weren&#8217;t there statements made by Editors etc.?</strong></p>
<p>Yes, the journalists union actively involved in this. But I wonder if it has been understood in its total gravity in Kerala!</p>
<p>But this is something any journalist could face. You go in search of a source and you are caught in a criminal case and that 10 or 15 years of your life are spent in getting free from it.</p>
<p>Not only that. I have learnt a lot of lessons from this experience. One thing I have understood is the popular perception about me. I know of journalists who have secretly said, &#8220;Shahina might have gone there and made altercations with the police, which is why they must have filed a case against her.&#8221;, &#8220;Shahina has an extra bone!&#8221;, &#8220;She must have messed up with the police!&#8221; Statements like these make me snicker since they have only seen police who would charge case only when one messes with them! This was reported to me by an IPS officer from Kerala. He called me up and said, &#8220;This is the popular perception of journalists about you! I pity them. They have seen only police who threaten them with false case charging. If they really want to know what police violence is, step outside Kerala.&#8221;</p>
<p>Yes. Let me quote one such incident. An instance of media violence, not police violence. When anti-POSCO agitation was going on in Orissa, 5 of us from Delhi (three journalists and two researchers) had gone there. I was a reporter with Janayugam newspaper then. We staying with some tribals in a place called Ingiya. At a public meeting there, a few local journalists came and met us. I introduced myself as a Janayugam reporter and gave my card as well. But surprisingly, the next day, one of the most prominent Oriya newspapers had a report that stated: &#8220;Five women Maoists from Delhi give weapon training to the tribals&#8221; That I realised that media is sold out! In most of the places outside Kerala, media is sold out. It was a major blow in my journalistic career, because until then, I had never believed that journalists would write such blatant lies!</p>
<p><strong>So, journalists made you a Maoist and police made you a Muslim terrorist activist?!</strong></p>
<p>Yes. Although political parties like CPI (M) have alleged newspapers of writing totally fabricated reports, I always stood my grounds with the belief that media would never blatantly lie. But in the last few years, my conviction has totally changed. From my own experience, I have understood that the media is capable of carrying blatant lies!</p>
<p><strong>How much money has been spent on this case till now?</strong></p>
<p>I haven&#8217;t kept proper account of that. But I have spent lot of money on this case. The travel expenses to go each time to Bangalore, then the lawyer’s fees etc. would amount to a huge sum!</p>
<p><strong>Has your lawyer made you aware of what the consequences of such criminal charges would be?</strong></p>
<p>Yes.</p>
<p><strong>Do you have a tentative budget in mind for this case? At least do you have an idea of how much money you might have to spend until the judicious process of such a case ends?</strong></p>
<p>According to our lawyer, I will need to spend at least 4.5 to 5 lakhs on this.</p>
<p><strong>Earlier, there used to be defence committees to help those charged in cases that are of public interest. This is also a similar case. Don&#8217;t you think there should be such a movement in this case as well?</strong></p>
<p>I wish for and hope that something of that sort happens. I definitely wish that a defence committee be formed. And it should happen, right? And it is unlikely that it wouldn&#8217;t! I hope that the civil society will take this seriously as something that could affect them as well.</p>
<p><strong>Don&#8217;t you think this is also a time at which we need to open up debates about the law and order situation in Karnataka? Some of our leaders like MA Baby too have got into trouble there. Does Karnataka police too have an extra bone like we mentioned earlier?</strong></p>
<p>I don&#8217;t understand the way in which Karnataka police behaves! It is not just about leaders like MA Baby. A TV journalist named Naveen Sorenji has been imprisoned for the past three months there. The only thing he had done was that, based on prior information he received about an attack planned by Hindu Jagaran Vedi in a club where men and women meet, he went there after intimating the police and other journalists. When he reached the club, he saw that the police present there was helping out the Hindu Jagarn Vedi. After the planned attack ,it became a case, Naveen Sorenji was himself made the 14th accused in it. I also gathered from my journalist friends in Bangalore that Naveen Sorenji was threatened by a senior Karnataka police officer warning him that he will be charged with criminal cases from which he will never be relieved.</p>
<p><strong>Don&#8217;t you think these issues demand national attention, at least within the media world? Why is it that such issue escapes the attention it deserves?</strong></p>
<p>As far as my understanding goes, such issues are being discussed in many places like Delhi or the North East. I am not sure if our media people are even aware of the dangerous situation that exists outside Kerala. There are some places where people even work at gun point or under serious threat! There are places in which one is not sure if the person who goes outwill come back alive! But those places also provide platforms or forums for countering such atrocities as well. Although we always accuse journalists of inaction, I would state that that inaction comes from the inability to organise! Her job requires a journalist go through risky situations, and when the situation becomes precarious, she is mostly left without the support of her organization’s management, colleagues or even civil society. And this is an issue that deserves grave attention.</p>
<p><strong>When this case came up, who all from the family supported you through?</strong></p>
<p>In my family everyone was supportive. I had first told my mother about my Karnataka visit. I told her that I won&#8217;t be home for that year’s Eid celebration as I will be going to Karnataka to do that story. Then my mother asked, &#8220;Why are you going? If the police arrested Madani, he must have done something wrong. You don&#8217;t have to go.&#8221; But after I got back and the case was charged, she was extremely supportive. Even at 76, she exhibited her fighting spirit and told me, &#8220;Such atrocities in society need to be questioned by someone. In this case, it was you. Go ahead!&#8221; I am not sure if all mothers says so, mine did! Others in the family are supportive as well, but they are worried at another level too. Beyond a social issue, for them it is a personal issue as well. I am one of their dear ones, and they are scared that something terrible might happen to me.</p>
<p><strong>What did your son say?</strong></p>
<p>We didn&#8217;t know that he knew about the case. He is 7 years now, and when the case started he was 5 and a half. He might have overheard the heated phone conversations and continuous discussions we were having on this. He was very scared as all that he understood was that his mother had done something terribly wrong and police is going to arrest her.</p>
<p><strong>Let me pose a cruel question to you: what do you see ahead of you? Ten years of imprisonment?</strong></p>
<p>That is not a cruel question, it is a realistic question. I am not oblivious of what lies ahead. But all of us live because of hope. I like to believe that I will not be punished. Then again, I am not sure of what the future holds. The case has been filed by a state like Karnataka and you as well as I of the law and order situation there. But fighting till the end is the only way ahead!</p>
<p><em>(Interview aired by People Channel. Interviewed by NP Chandrasekharan. Transcribed and Translated by Aswathy Senan)</em></p>
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		<title>On SIT’s Clean Chit</title>
		<link>http://feedproxy.google.com/~r/thefishpond/~3/cl6e7d9u22Y/</link>
		<comments>http://thefishpond.in/r-b-sreekumar/2012/on-sits-clean-chit/#comments</comments>
		<pubDate>Thu, 16 Feb 2012 06:39:51 +0000</pubDate>
		<dc:creator>R B Sreekumar</dc:creator>
				<category><![CDATA[genocide]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[state]]></category>
		<category><![CDATA[Amicus Curiae]]></category>
		<category><![CDATA[Gujarat]]></category>
		<category><![CDATA[minority]]></category>
		<category><![CDATA[Narendra Modi]]></category>

		<guid isPermaLink="false">http://thefishpond.in/?p=1249</guid>
		<description><![CDATA[<p>Media reports on Special Investigation Team’s (SIT) Final Report u/s 173 CRPC on Mrs. Zakiya jafris complaint/FIR against the CM Narendra Modi and 62 others generally confirm the exoneration of nearly all culprits for want of evidence. Indeed, it is flabbergasting and frustrating development for all those who value the Rule of Law, social cohesion [...]]]></description>
				<content:encoded><![CDATA[<p>Media reports on Special Investigation Team’s (SIT) Final Report u/s 173 CRPC on Mrs. Zakiya jafris complaint/FIR <a href="http://img.thefishpond.in/katrina-kaif-hot-nude.jpg"><img class="alignleft size-medium wp-image-1251" title="modi" alt="" src="http://img.thefishpond.in/katrina-kaif-hot-nude-300x160.jpg" width="300" height="160" /></a>against the CM Narendra Modi and 62 others generally confirm the exoneration of nearly all culprits for want of evidence. Indeed, it is flabbergasting and frustrating development for all those who value the Rule of Law, social cohesion and unity of our motherland. If media version is true, the riot victim survivors and those officers who risked their career and marshaled evidence against perpetrators of mass crimes would descend into abysmal depths of agony and depression.</p>
<p style="text-align: left;">A hypothetical exercise as to what could have been done by the clever brains in SIT for building an impenetrable defense for the brigands liable for riots will be rejoicingly rewarding. Any police officer with the Satanic motive to defend the indefensible accused of the riots would travel through the following road map to denigrate, marginalize and invalidate copious of evidence available on (1) scheming and consummation of anti minority carnage, (2) subversion of the State Administration to delay and deny justice to riot victims and (3) intimidation of witnesses to block the flow of evidence against the State Government functionaries, narrated in Mrs. Zafris FIR.</p>
<p>Witnesses, had, reportedly, tried to prove the conspiracy by the State Govt., by stressing on facts, i.e. (A) CM giving instructions in a late evening meeting on 27-2-2007, of officers at Gandhinagar, to give a free play of Hindu revengefulness, in the context of killing 59 Hindus in Godhra train fire incident.</p>
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</script> SIT would find contradictions in the semantics of three versions about the above CM’s instructions, in the depositions of the late Haren Pandya (to the Citizens Tribunal), R B Sreekumar and Sanjeev Bhatt (both before the judicial bodies). Moreover, Haren Pandya and Sreekumar were not present in the meeting also. Bhatt’s presence in the CM meeting is also questioned after refusal by his subordinate officer Pant to support Bhatt. (B) Secondly, allegations about bringing dead bodies of Godhra train fire victims to Ahmedabad city, VHP leaders accompanying the bodies and so on would not be deemed to be incriminating as these actions were taken on the request of the relatives of deceased persons by the CM. (C) SIT would also be reluctant to draw any adverse inference on facts like, (1) the Govt. not keeping minutes of meetings chaired by the CM and other senior officers, (2) positioning of Ministers in DGP and CP, Ahmedabad officers on VHP sponsored Bandh day on 28th February, 2002, (3) transfer of officers who took effective actions against the rioters in the thick of riots, i.e. Rahul Sharma, Vivek Shrivastava, M D Antani etc., despite DGP’s objection, (4) rewarding those who collaborated in riots, (5) CM characterizing the riots as operation of the Newton’s Law, (6) failure of the Govt. to take action on media making communally inciting reports and (7) non-implementation on regulations on riot control in Gujarat Police Manual, other Govt. documents, which facilitated riots. These are to be deemed as mere administrative omissions without any malicious motive.</p>
<p>The evidence supporting the charge of subversion of the Administration are, (1) failure to take follow up action on reports from State Intelligence Branch (SIB) for countering the anti-muslim bias of Govt. officials, i.e. police and public prosecutors not performing duties properly and this resulting in damage to cases of riot victims. Pertinently, the prejudice of Modi administration was adversely commented upon by the Apex Court in the orders, (a) transfer of cases to Maharastra for trial, (b) entrusting investigation to CBI, (c) reopening 2000 odd closed cases by Gujarat Police and their reinvestigation, (d) constitution of SIT in March, 2008 for reinvestigation of major carnage cases like Gulbarg Society, Naroda-Patia, Sardarpura etc. and Mrs. Zafri complaint against Modi and 62 others, (e) use of the instruments of reward and punishment to coerce officials to support the hidden anti-minority agenda of government, (f) appointment of pro-VHP advocates as Public Prosecutors, (g) giving false report to the Central Election Commission about Gujarat situation for holding of early Assembly elections, as revealed in the Commission’s Report dated 16th August, 2002, and so on. Significantly the Apex Court observed that Gujarat Administration acted like Nero during riots, while innocents were killed in the streets. Recently, Gujarat High Court also found fault with (on 9th February, 2002) Modi Government for its failure to protect the socio-religious institutions of the minorities. These intentional actions would be viewed by SIT as trivial and not as part of subversion of the Criminal Justice System (C.J.S.), calling for prosecution of those responsible u/s 166, 186 and 187 IPC.</p>
<p>The unchallengeable material evidence, including audio cassette, about intimidation of a senior police officer by Home Department officials and a Government pleader would be bypassed by SIT. The illegal move of the officials for forcing an officer to commit perjury before the Judicial Commission would be misjudged by SIT as part of duties of Home Department officials. Can a witness deposing before a Judicial Commission be tutored and pressurized to suppress facts and speak in favour of the Government, by the officials from his supervisory department ? Public Prosecutors can legally brief prosecution witnesses in a criminal case and not a witness who is free to present any truthful data to the Judicial Commission. Such a witness can be charged only for telling lies on oath. Here is a strange case of Government officials pressurizing a witness to commit perjury. What could be the quality and evidential merit of statements by a witness to a Commission, probing into the culpable role of Government officials in riots, if they are tutored by those in the Administration responsible for genocidal crimes ?</p>
<p>Recommendation by Amicus Curiae, appointed by the Apex Court, Shri Raju Ramachandran could be ignored by the SIT as the Apex Court itself had in his order dt. 12th September, 2011 observed that “It will be open to SIT to obtain from Amicus Curiae copies of his reports submitted to this court.” Thus it is not a binding order. So SIT could appoint its own Legal Advisor and get his stamp of approval on any decision of its choice, on the processing of evidence. Reportedly this was exactly done by SIT.</p>
<p>SIT could also ignore the reported Amicus Curiae’s recommendation to prosecute Modi u/s 153-A IPC for his statement about operation of the Newton’s Law because this was done by the CM after the incident of killing Mr. Ahsan Zafri on 28th February, 2002. Further, the evidence of SIT is exclusively for the case of Gulbarg Society registered by Gujarat Police on 28th February, 2002 and not on Mrs. Zafri’s petition to the Apex Court, which, the court did not treat as a separate FIR.</p>
<p>SIT could freely use its inherent power of discretion on gauging the value of any evidence, material, input or suggestion received by it from anybody as valid and relevant or otherwise. Expectedly, SIT would undermine the credibility of evidence from those who provided data incriminating Narendra Modi and his collaborators, figuring in Zafri’s complaint, like R B Sreekumar, Rahul Sharma and Sanjeev Bhatt – all police officers – on technical and flimsy grounds. Rahul Sharma’s electronic data linking the accused, BJP leaders and police officers could be declared invalid, for want of original material and report to the higher officers. Similarly further investigation on Government documents provided by Sreekumar and Bhatt could be avoided on the grounds of non availability of original papers, generic nature of intelligence reports (though SIB has no accessibility to or authority over case papers for unearthing officer-wise defaults), legality of using classified and privileged documents for investigation and so on – all these actions for the advantage of the accused.</p>
<p>The unconditional offer by Sreekumar and Sanjeev Bhatt to undergo narco and brain finger-print tests could be ignored. These would avoid possibility of getting collateral and corroborative evidence in support of Sreekumar’s semi-official register, containing information on numerous illegal orders by the CM and other higher officers and also on Sanjeev Bhatt’s several legal instruments.</p>
<p>Brilliance of Judges evaluating materials and evidence collected with a pro-accused orientation would not be adequate to bring out the truth behind crimes. Investigation is a skillful art that can be successful only through deep penetrating drive and acumen of seasoned and honest police officers. Strictures from Judiciary also would not nullify pit falls in the collection of evidence and would not be purposeful for prosecuting an accused. In fact, plenty of adverse comments from the Apex Court and Gujarat High Court are available against the Modi Government, but this could evoke only media discussion and has no evidential value. If the criminals responsible for multiple crimes during the riots, are declared innocent, the blame should fall on the investigating agencies, viz. Gujarat Police and SIT and not the Judiciary which had given unambiguous indications about the line and thrust of investigation to be pursued by the police. Presumptions and inferences from Judicial censor had to be probed with insightful competence and material should be collected to confirm the letter and spirit of the Court’s observations. SIT would heedlessly avoid taking recourse to this straight and narrow path, for reasons best known to the SIT officials.</p>
<p>Without any dilution of reverence to the Judiciary, one can assert that even great authors of world renowned detective story literature, like Arthur Conan Doyal, Ian Flaming and Agatha Christy had not created any character of a Judge, astutely driving cops to catch offenders lost in the layers of mystery.</p>
<p>Riot victims feel that SIT had used tools of skill, discernment and caution, available to them for collection, collation, analysis and submission of evidence to the Court in favour of the perpetrators of various crimes in 2002 riots. Will Judiciary be able to sift through the materials before it and adjudicate to deliver long-delayed justice to “the wretched of the earth”, who bore the brunt of 2002 man-made communal holocaust? World at large is waiting for the D day.<br />
(R B Sreekumar is Former Director General of Police, Gujarat )</p>
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		<title>Open Letter by the Victims of Police Surveillance in Kerala</title>
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		<pubDate>Fri, 27 Jan 2012 09:14:06 +0000</pubDate>
		<dc:creator>Anivar Aravind</dc:creator>
				<category><![CDATA[movements]]></category>
		<category><![CDATA[state]]></category>
		<category><![CDATA[activism]]></category>
		<category><![CDATA[Kerala Police]]></category>
		<category><![CDATA[open letter]]></category>
		<category><![CDATA[Surveillance]]></category>

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		<description><![CDATA[<p class="wp-caption-text">leaked Letter (courtsy : IndiaVision)</p> <p>We, the following citizens of India are shocked to understand our e-mail ids have been included in an official letter (dated November 3, 2011), SENT BY THE Special Branch Superintendent of Police, K..K. Jaya Mohan, on behalf of A.D.G.P. Of Kerala Police, A. Hemacahndran, to the Asst. Commander of [...]]]></description>
				<content:encoded><![CDATA[<div id="attachment_1240" class="wp-caption alignleft" style="width: 211px"><a href="http://img.thefishpond.in/email-letter-muslisurveilace5.jpg"><img class="size-medium wp-image-1240  " title="email-letter-muslisurveilace5" alt="" src="http://img.thefishpond.in/email-letter-muslisurveilace5-201x300.jpg" width="201" height="300" /></a><p class="wp-caption-text">leaked Letter (courtsy : IndiaVision)</p></div>
<p>We, the following citizens of India are shocked to understand our e-mail ids have been included in an official letter (dated November 3, 2011), SENT BY THE Special Branch Superintendent of Police, K..K. Jaya Mohan, on behalf of A.D.G.P. Of <a class="zem_slink" title="Kerala" href="http://maps.google.com/maps?ll=8.5074,76.972&amp;spn=1.0,1.0&amp;q=8.5074,76.972%20%28Kerala%29&amp;t=h" rel="geolocation">Kerala</a> Police, A. Hemacahndran, to the Asst. Commander of High -tech Crime Enquiry Cell. The letter says `<em>Please find enclosed a copy of the e-mail IDs of individuals who have connection with SIMI activities. You are directed to identify the individuals behind the e-mail IDs contained in the list by verifying the registration and log in details with concerned email Service providers and forward the names and addresses of the individuals who own the email IDs, and furnish the report to this office urgently.</em>&#8216; We also came to know from the various newspapers that the authorities have demanded the service providers of these IDs to provide the login details of the IDs which we have been using. We express our deep horror and dissent to note that the State Government is keeping a sceptical eye on us.</p>
<p>The Government elected by people like us has a duty to protect the privacy of the citizens of this country. We are shocked to see that the same Government is in reality infringing upon our privacy through such a move. We consider this as an open violation of one of our basic human rights enshrined in the Indian Constitution.</p>
<p>This official action violates a number of basic rights of the citizens guaranteed under Part III of the Constitution of India including Articles 14, 15, 17, 19 and 21 viz., the Rights to equality, dignity, privacy, expression and the right not to be discriminated against.</p>
<p>The Chief Minister of Kerala has openly admitted that the SIMI connection in the above letter issued by K.K. Jaya Mohan, was a `mistake&#8217;. However, no action on this police officer has yet been taken. We demand an immediate action against the police officials involved this encroachment of privacy of citizens.</p>
<p>This unfortunate incident has affected many of our lives in many ways for being targeted by the Government. We are not yet ready to reshape our own lives for such surveillance by the police for leading `suspicious&#8217; identities. We are also threatened in our day today social, cultural and economic spaces for being included in the `watch list&#8217; of the intelligence department. We demand an open apology from the Chief Minister of Kerala and the Police Department for having played with the lives of innocent citizens. We request the media, social activist organisations and human rights groups to create adequate pressure on the Government for a just intervention on this matter.<span id="more-1239"></span></p>
<ol>
<li>Adv. Shanavas (Activist &amp; lawyer)</li>
<li>V.M.Ebrahim (Journalist)</li>
<li>C.Dawood. (Columnist )</li>
<li>N.P.Jishar (Journalist)</li>
<li>Fasal Kathikod (Writer)</li>
<li>S.Kamarudheen (Academician)</li>
<li>A.Sakker Hussain (Journalist)</li>
<li>Riyas .P.A. ( Marketing executive)</li>
<li>Navas.K.A (Activist)</li>
<li>Abdul Rasheed kadampott ( Retired Teacher)</li>
<li>Solidarity Youth Movement, kerala,</li>
<li>Minority Watch (Human Rights organization)</li>
<li>ISA KERALAM (Student organization)</li>
<li>Prabhodhanam Weekly</li>
<li>MIT.Hospital Kodungallor.</li>
<li>Cresecnt Hospital, Aalathoor.</li>
<li>Camal bags (Small scale industry)</li>
<li>Cochin Orchids. ( Designing Centre)</li>
<li>Classy digital ( Designing Centre)</li>
<li>Badaru (P.K.Seal) ( Business)</li>
<li>K.M.Muhammed Mukthar,</li>
<li>Sajeer,</li>
<li>Haris.K.K. (Abroad)</li>
<li>Shabeer (Abroad)</li>
<li>Sameer (Abroad)</li>
<li>Jalauddin Pullisseeri (Abroad)</li>
<li>Shakeer Kathiyalam (Activist)</li>
<li>Aliyar .K.M. (Abroad)</li>
<li>Althaf.M.S.</li>
<li> Haris Eriyad</li>
<li>Fasalurahman Melattur (Abroad)</li>
<li>Fayiz Cmr (Abroad)</li>
<li>Fazil Fareed</li>
<li>Hanif K.T.</li>
<li>Ahammad Salih Anwar</li>
<li>Mahion Abdul Rahman ( Graphic Designer)</li>
<li>Majeed. M.T. (Business)</li>
<li>Rasheed.N.M. (Activist)</li>
<li>Kayyoom Kolliyil</li>
<li>Mukthar K.M. (Abroad)</li>
<li>Noor.K.V.MElattoor (Volunteer, Pain &amp; Palliative)</li>
<li>Roshan F.S ( Student)</li>
<li>Shafeeq Chennara (Abroad)</li>
<li>Abdul Khadar Kodinji (Abroad)</li>
<li>Abboobakkar Vadakkangara ( Academic Scholar)</li>
<li>Anvar Vadakkangara (Abroad)</li>
<li>Atheeq Rahman (Abroad)</li>
<li>Iktiyar Pang (Abroad)</li>
<li>C.S. Ibrahim Kutty ( Retired Teacher)</li>
<li>Abdul Salam.N.M. (Abroad)</li>
<li>Noufal Velam ( Activist)</li>
<li>Am Nadwi</li>
<li>HAseena Sajid</li>
<li>Firoz Thirurkad</li>
<li>Hakeem (Business)</li>
<li>Faissal Mimmi</li>
<li>Dhabin</li>
<li>Cmarti2</li>
<li>Aachies (Business)</li>
<li>Nisam</li>
<li>Abdul Rasheed Kadambot</li>
<li>Sajid Rahman</li>
<li>Shabeer Kareem (Abroad)</li>
<li>Sabu Bin Habeeb (Abroad)</li>
<li>Haris (Abroad)</li>
<li>Rashid. (Abroad)</li>
<li>Riyas Kodungalloor</li>
<li>Riyas Kodungalor</li>
<li>Niyas</li>
<li>Muhammed Seethi</li>
<li>Muhammed rasheed (Abroad)</li>
<li>Humayun Kabeer (Abroad)</li>
<li>Fasalurahman</li>
<li>Aliyar KM (Abroad)</li>
<li>Mujeebulla k.v.</li>
<li>TC Mahboob ( Teacher)</li>
<li>Mohammed Ishaque Madari (Abroad)</li>
<li>Moidu Chalikkal (Abroad)</li>
<li>Abdul Ahad</li>
<li> Ali Modern</li>
<li>Haris Kannipoyil</li>
<li>Mohammed Rafeeque Thangal</li>
<li>P.A Mohammed</li>
</ol>
<p>For a Background Read this post in Kafila : <a href="http://http://kafila.org/2012/01/24/confuse-and-deceive-phone-tapping-in-kerala-and-the-formula-for-political-survival-yaseen-ashraf/">Confuse and deceive – Email interception in Kerala and the formula for political survival: Yaseen Ashraf</a></p>
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		<title>Let’s make UID a failure</title>
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		<comments>http://thefishpond.in/jtd/2011/lets-make-uid-a-failure/#comments</comments>
		<pubDate>Sat, 24 Dec 2011 12:31:36 +0000</pubDate>
		<dc:creator>Jude T D’Souza</dc:creator>
				<category><![CDATA[governmentality]]></category>
		<category><![CDATA[Media Watch]]></category>
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		<category><![CDATA[Politics]]></category>
		<category><![CDATA[Biometrics]]></category>
		<category><![CDATA[Nandan Nilenkani]]></category>
		<category><![CDATA[UID]]></category>
		<category><![CDATA[UIDAI]]></category>
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		<guid isPermaLink="false">http://thefishpond.in/?p=1219</guid>
		<description><![CDATA[<p>Some minor corrections on  this article Appeared in Hindu Businessline</p> <p>Rajiv Kumar Jude T D’Souza </p> <p>The Aadhaar project has  never taken into account diverse views and criticisms. Now, to not question the very basis of a project at the implementation stage smacks of partisan considerations. Endless debates and reviews are a bane of our [...]]]></description>
				<content:encoded><![CDATA[<p>Some <strong>minor corrections</strong> on  <a title="Let's make UID a success" href="http://www.thehindubusinessline.com/opinion/columns/rajiv-kumar/article2742120.ece?homepage=true">this article</a> Appeared in Hindu Businessline</p>
<p><strong><del>Rajiv Kumar</del> <span style="color: #0000ff;">Jude T D’Souza</span><br />
</strong></p>
<div>
<blockquote><p>The Aadhaar project has <del></del> <span style="color: #800000;"><span style="color: #0000ff;">never</span> <span style="color: #000000;">taken</span></span> into account diverse views and criticisms. Now, to <span style="color: #0000ff;">not</span> question the very basis of a project at the implementation stage smacks of partisan considerations. Endless debates and reviews are a bane of our governance<span style="color: #ff0000;"><del><span style="color: #000000;">.</span></del><span style="color: #0000ff;">, especially when such discussions were done well before and ignored by the UIDAI.</span></span></p></blockquote>
</div>
<div>
<div id="attachment_1232" class="wp-caption alignleft" style="width: 310px"><a href="http://img.thefishpond.in/BL24MAIN-PRINTS_872722f1.jpg"><img class="size-medium wp-image-1232" title="BL24MAIN-PRINTS_872722f" src="http://img.thefishpond.in/BL24MAIN-PRINTS_872722f1-300x295.jpg" alt="" width="300" height="295" /></a><p class="wp-caption-text">UID will fail to generate data superior to what is available today.</p></div>
<p>December 23, 2011:  In my last column, I want to address the sensitive issue of designing <del>an</del> <span style="color: #0000ff;">a sub-</span>optimal system of checks and balances in our democracy. The <del>un</del><span style="color: #0000ff;">ambiguous</span> objective of a system of <del>checks</del> <span style="color: #0000ff;">free rides</span> and <span style="color: #0000ff;">im</span>balances is to achieve the highest degree of <del>probity</del> <span style="color: #0000ff;">opacity</span> in public <span style="color: #0000ff;">mis</span>conduct and to safeguard <del>public</del> private interest in the <span style="color: #0000ff;">mis-</span>execution of government policies and programmes. This must be balanced with achieving a reasonable degree of <span style="color: #0000ff;">in</span>efficiency and effectiveness in the <span style="color: #0000ff;">mis</span>conduct of public policies.</p>
</div>
<p>Often, an <span style="color: #0000ff;">un</span>avoidable trade-off emerges between these two objectives; the disastrous result is that policy and programme implementation is stymied for fear of <em>ex-post</em> enquiry and retribution. The example of a senior secretary in the central government refusing to sign on an executive order of <del>nationa</del>l importance to <span style="color: #0000ff;">vested interests</span>  protect his/her post-retirement peace and sanity points to a system that has become dysfunctional.<span id="more-1219"></span></p>
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<p>The basic premise of a system of <del>checks</del> <span style="color: #0000ff;">free rides</span> and <span style="color: #0000ff;">im</span>balances is that all concerned, the policy maker, programme implementers and those conducting the preview, scrutiny and review process, are driven principally by the objective of serving <del>the national</del> <span style="color: #0000ff;">personal</span> interest. The system becomes dysfunctional and indeed perverse if those involved seek to serve <del>not the</del> narrow national interest, but <del>narrow</del> <span style="color: #0000ff;">not</span> selfish or partisan ends. This results in complete policy hysteresis, with senior executives and ministers either constantly watching over their shoulders and delaying decisions or passing the buck upwards, sideways or in to committees and GOMs for never-ending rounds of consultations and consensus-building that effectively denies any progress. Bypassing such discussions altogether and deciding by royal decree is a perfect solution.</p>
<p>If our political class and senior bureaucracy are not careful in finding the right balance, there is a real danger we may end up stalling and indeed killing initiatives that could yield major breakthroughs in <span style="color: #0000ff;">mis-</span>governance and in <del>improving</del> trashing the delivery of public goods and services in the country.<br />
<strong>NEEDLESS CONTROVERSY</strong></p>
<p>The ongoing brouhaha over the UID (or Aadhaar) project demonstrates how this system of <del>checks</del> <span style="color: #0000ff;">free rides</span> and <span style="color: #0000ff;">im</span>balances can <del>go awry</del> be corrected through democratic processes. The project has been more than two years in the <span style="color: #0000ff;">un</span>making. It has <span style="color: #0000ff;">never</span> gone through several rounds of inter-departmental and indeed wider public review and scrutiny. I have attended more than one session where Nandan Nilekani and his team explained <del>in</del> <span style="color: #0000ff;">with</span> great <del>detail</del> obfuscation the objectives and detailed design of the programme<del>.</del>, without even a sideways glance at all the problems and vicarious decisions they had taken.</p>
<p>I know first hand the efforts made to ensure that the project gained from <span style="color: #0000ff;">immediate suppression of</span> diverse views, suggestions and critiques. But for any project to be completed in a given timeframe, such reviews must come to an end <span style="color: #0000ff;">before any discussion starts</span> at some point.</p>
<p>An open-ended review process is <span style="color: #0000ff;">always</span> <del>simply dys</del>functional and a <del>bane</del> <span style="color: #0000ff;">boon</span> of project execution. It has resulted in project implementation and execution becoming the single most debilitating feature of governance today. Those responsible for project review are expected to provide suggestions for mid-term <del>corrections</del> <span style="color: #0000ff;">Cost escalations</span>, if needed, but not re-start the entire process <em>ab-initio</em> and question the very basis of projects which have been cleared by their peers and counterparts<del>.</del><span style="color: #0000ff;">, who lack the most fundamental knowledge of issues.</span></p>
<p>To <del>question</del> <span style="color: #0000ff;">support</span> the very basis of a project at the implementation stage smacks of partisan considerations and turf wars. These have emerged as a severe weakness in the formulation and execution of public policy in our country today.</p>
<p>The project in all its details <span style="color: #0000ff;">never</span> went through inter-ministerial scrutiny and was cleared by the <span style="color: #0000ff;">cooks in the kitchen</span> Cabinet. To argue now, two years after it had been cleared, that it duplicates the efforts of the National Population Register (NPR) being implemented by the Home Ministry defies comprehension. <span style="color: #0000ff;">Wooly</span> Cost <span style="color: #0000ff;">mis</span>estimates were <span style="color: #0000ff;">un</span>surely presented to the cooks in the kitchen Cabinet, and objections from the financial advisors and or other ministries on this account would <span style="color: #0000ff;">never</span> have been useful at the planning stage rather than now.</p>
<p><strong>PUBLIC SERVICES DELIVERY</strong></p>
<p>I am reminded of the time when my proposal to the Ministry of Finance in 2005, for smart (value storage) cards for the PDS system, ran into objections from the Census Department.</p>
<p>The Department argued that such a card was not required, as it was already undertaking the NPR exercise.<span style="color: #0000ff;"> But please ignore this statement as it contradicts much of what the UIDAI says.</span></p>
<p>Should we not question the time taken that NPR has taken? Should improvements in the delivery of our public services be stalled, only because one needs to wait for this project to be completed? And, perhaps the much lower costs claimed for this project (and one wonders how transparently and rigorously these are <span style="color: #0000ff;">mis</span>computed) could well be the reason for its non-completion and its inordinate delays.</p>
<p>There is a well known saying – let not the perfect become the enemy of the <del>good</del> <span style="color: #0000ff;">imperfect</span>. We should apply this to the UID project<del>.</del> and accept that imperfect is superior to perfect. UID will surely generate data far <del>superior</del> <span style="color: #0000ff;">worse</span> to what is available today. The <span style="color: #0000ff;">lack of</span> transparency and <span style="color: #0000ff;">in</span>efficiency levels of the UID project could have been usefully replicated in other public programmes.</p>
<p>Instead, we are seeing a <del>concerted</del> democratic attempt to discredit it. I wonder if there is a coalition of vested interests making a concerted bid to push <span style="color: #0000ff;">in</span> <del>back</del> the programme, which when completed will make the system of public deliveries far more <del>transparent</del> <span style="color: #0000ff;">opaque</span> and <span style="color: #0000ff;">un</span>accountable.</p>
<p>We must come together to ensure the <del>success</del> <span style="color: #0000ff;">failure</span> of the UID Project.</p>
<p>&nbsp;</p>
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		<item>
		<title>Derek, the Cooker and Superstition</title>
		<link>http://feedproxy.google.com/~r/thefishpond/~3/Uh623sm9dlY/</link>
		<comments>http://thefishpond.in/brainerd-prince/2011/derek-the-cooker-and-superstition/#comments</comments>
		<pubDate>Thu, 17 Nov 2011 02:59:13 +0000</pubDate>
		<dc:creator>Brainerd Prince</dc:creator>
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		<category><![CDATA[science]]></category>
		<category><![CDATA[superstition]]></category>

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		<description><![CDATA[<p style="text-align: justify;">Derek, my landlady’s son-in-law, is called upon each time the flat is faced with some problem. This time it was the replacement of the Cooker. One of the hobs would continue to burn, even when turned off. This problem was graciously rectified by our generous landlady, by replacing it with a brand new [...]]]></description>
				<content:encoded><![CDATA[<p style="text-align: justify;">Derek, my landlady’s son-in-law, is called upon each time the flat is faced with some problem. This time it was the<a href="http://img.thefishpond.in/Superstitions.jpg"><img class="alignleft size-medium wp-image-1214" title="Superstitions" src="http://img.thefishpond.in/Superstitions-200x300.jpg" alt="" width="200" height="300" /></a> replacement of the Cooker. One of the hobs would continue to burn, even when turned off. This problem was graciously rectified by our generous landlady, by replacing it with a brand new Cooker, and Derek had been called again to install it. He is a genuinely lovely man, who took pride in his workmanship and meticulous execution of jobs. He was very knowledgeable about structure of buildings, water supply systems, electrical appliances and just about everything that goes into the making of a house, which we are all dependent on and yet take for granted without giving it much thought. He was a builder by profession.</p>
<p style="text-align: justify;">Today, even as he was installing the Cooker, I was standing next to him, offering a hand whenever required and shooting questions at him at periodic intervals. He was explaining the difference between electric and gas Cookers and the advantages of the old wood burning range Cookers when he suddenly noticed a wire slightly protruding out and asked me to pull the Cooker to one side. He had connected the wires and turned all the hobs on. Even as I replied, ‘sure, will do’, I was leaning over him, to put off the main Cooker switch. Derek turned to me with incredulity in his eyes, ‘you don’t have to turn it off’, he exclaimed. ‘But if I am going to move the Cooker, won’t it be safer to first turn it off?’ I questioned back. He looked at me bewildered, and asked bluntly, ‘are you superstitious?’ ‘These things go through rigorous safety checks and they are completely safe’, he explained and I, ‘non-superstitious’ that I was, reluctantly pulled the Cooker to one side leaving the switch on. Job done, pleasantries exchanged, Derek was on his way out. But his question ‘are you superstitious?’ stayed with me, even as he left. What action or disposition of mine was superstitious? What does he mean by the word ‘superstitious’? And am I really superstitious?<span id="more-1213"></span></p>
<p style="text-align: justify;">Derek’s question got me thinking, and led me to inquire into what ‘superstition’ meant. Of course, I am aware of the common usage of this term and what it means in contemporary parlance. Any online dictionary would give you a definition similar to this: ‘<em>A belief, practice, or rite irrationally maintained by ignorance of the laws of nature or by faith in magic or chance</em>’. According to this definition the main ideas behind ‘superstition’ are ‘irrationality’ and a belief in ‘supernatural causation’ – in other words, superstition is anything that on one hand went against the demands of ‘reason’ and ‘natural law’ and on the other positively a belief in the ‘supernatural’. Therefore, the modern understanding of ‘superstition’ can said to be defined by two other categories – ‘rationality’ and ‘religion’, in that it has a negative relationship with the former and a positive relationship with the latter – the absence of rationality and the presence of religion (qualified by irrationality) is superstition.</p>
<p style="text-align: justify;">But what has this got to do with my leaning over Derek to turn off the Cooker mains? How is that ‘irrational’ or a ‘belief in supernatural causation’? A clue immediately comes to our cognitive visibility, and we can attempt to infer an answer to this question, but rushing into that answer would only be at the expense of missing out on the deep structures of the <em>imaginaire</em> out of which Derek’s question flowed. So you will have to bear with me for a very brief detour into the history of this fascinating term, which I promise, will not only give us a richer answer to our interrogation of Derek, but also provide some fodder for thought about our own worldview.</p>
<p style="text-align: justify;">An important point to keep in mind is that words change meaning, even drastically, over time. A good example is found in an article by Megan Lane of <em>BBC News Magazine</em> titled ‘<em>Disgust: How did the word change so completely?’</em> which held the number one position in the ‘most popular read’ story in <em>BBC News </em>today (15<sup>th</sup> November 2011). Here she investigates how the term ‘disgust’  which was used to ‘express distaste for rotten food or filth’ at the time of its inclusion into the English language in early seventeenth century, is presently deployed to express a negative sentiment ‘against looters, phone hackers and others whose actions many find morally murky.’ Thus, words change meaning over time and they therefore have to be understood in the historical context in which they are used. This insight is important for our modern times when we work under a paradigm that presupposes that meanings are essential and universal in nature, transcending cultural and historical situatedness. Maybe my obliviousness to Derek’s context was responsible for my inability to understand his usage of the term ‘superstition’ for my action. Thus our investigation must lead us to explore Derek’s contextually-defined usage of the term.</p>
<p style="text-align: justify;">Mary R. O’Neil in her article <em>Superstition</em> in the 2005 <em>Encyclopaedia of Religion</em> recognises that the term ‘superstition’ too has changed its meaning over time and argues that ‘its specific meanings vary widely in different periods and contexts, so that a survey of its historical application rather than an abstract definition is the best approach to the concept of superstition’. However, in spite of her cautioning, her own historical trace of this term appears to be dominated by the idea of ‘rationality’ informed by the modern understanding of ‘superstition’  resonating with the online definition we considered above rather than reveal the self-understanding of the earlier historical periods. For example describing the classical usage of ‘superstition’ she writes that the ‘classical world criticized certain religious behaviours as irrational, or as reflecting an incorrect understanding of both nature and divinity’ and this was ‘superstition’ in Antiquity for O’Neil. However the Classical understanding of superstition can she shown to be different during different periods even within the classical epoch and there are understandings of ‘superstition’ within the Classical period that have nothing to do with ‘rationality’.</p>
<p style="text-align: justify;">Although her use of ‘rationality’ to interpret ‘superstition’ does not do justice to her own observation that the term needs to be studied in its historical location, she however makes an explicit connection between ‘superstition’ and ‘religion’. For O’Neil irrational religion is equivalent to superstition, an idea which we have already seen contained in our online definition. William Pitt in 1800 in his tract <em>Superstition</em> takes this argument to its logical conclusion. He makes a distinction between ‘religion of reason’ which focuses on the ‘eternal moral law of God’ and ordinary religion which for him emphasised on ‘holy romances, sacred fables, and traditionary tales’. His definition of ‘ordinary religion’ which he declares as ‘superstition’ practically encompasses all religious beliefs and practices. Thus, for Pitt, religion is superstition. To sum up, superstition is defined both (a) in opposition to rationality, and (b) as identical to irrational religion. Thus the modern view of superstition as religion is largely defined in opposition to what is seen as rational.</p>
<p style="text-align: justify;">The obsession with ‘rationality’ and ‘superstition <em>as the lack of it</em>’ is uniquely characteristic of us moderns. The philosopher Alexander Lesser in 1931 has astutely observed that we moderns uncritically impose our view of superstition on our construction of knowledge of both other cultures and of different times. He argues that ‘a vague  differentiation  of  the  superstitious  from  the  rational  has  for the  most  part  availed,  because  all  issues  have  been  drawn  in  the universe  of  discourse  of  our  own  culture,  and  between  credulous, ignorant  belief  and  the  reasoned  thinking  of  the  logically  trained. In  so  far  as  the  intellectual  life  of  other  cultures,  particularly  the primitive,  have  been  drawn  into  discussion,  there  has  been  tacit agreement  that  unless  rationalism  can  be  shown  to  dominate  them, these  alien  realms  of  discourse  are  superstition.  Ethnologists  as well  as philosophers  have  assumed  this  attitude,  partly,  I  think,  because  the  ethnologists  have  uncritically  carried  the  distinction,  or lack of distinction,  over into  their  subject-matter.’ Similar to our critique of Mary R. O’Neil, Lesser’s critique is directed against Alice Gardner’s account of superstition in Hastings&#8217; <em>Encyclopaedia of Religion and Ethics</em>. Gardner defines superstition as ‘ a  number  of  beliefs,  habits  and fancies,  tribal  and  individual,  which we regard  as not  being  founded on reasonable conceptions  of the world and of human life,  necessities and obligations.’ Lesser considers this as an ‘undiscriminating use’ of the term and questions back ‘what is such a “reasonable conception”?’ and ‘who is to judge its reasonableness and by what standard?’ Lesser’s critique is followed by a proposal which is equally exciting as his critique but before we get into that, we need to respond to the critique. The critique is that we are using our ‘modern’ understanding of ‘rationality’ to define ‘superstition’ pejoratively as ‘irrationality’ either in our description of other cultures, or even in tracing the historical development of this term. So the question is – was superstition understood in any other way, especially in the history of this term and was it defined in ways that have nothing to do with (ir)rationality?</p>
<p style="text-align: justify;">The term ‘superstition’ etymologically comes from the Latin <em>superstitio</em> (noun) which is traced back to the first century AD and <em>superstitiosus</em> (adjective) which can be traced back to early antiquity for example going all the way back to Plautus in the fourth century BC. The first interesting insight we get from Ross is that the term superstition is non-pejorative in its usage in both Plautus’ usage of <em>superstitiosus</em> as well as Statius’ usage of <em>superstitio</em> in <em>Thebaid</em> in the first century AD where it is positively used analogous to the Roman <em>religio</em> signifying the rite and method of worship of the Roman goddess of forgiveness and mercy, <em>Clementia</em>. This brings the second insight that <em>superstitio</em> refers to a rite or a method of worship. Thirdly, Ross argues that while the Ennian usage in the second century BC is similarly non-pejorative as Plautus, its usage of <em>superstitiosi  vates</em> (superstitious seers) however contains a hint of sneer thus leading to a ‘extraordinary controversy about the meaning and development of <em>superstitio</em>’ in classical literature. So what was the controversy? Finally, Ross shows that in Seneca, in the first century BC, there is a divide between <em>religio</em> and <em>superstitio</em>, where <em>religio</em> is taken as the worship of the gods and <em>supersitio</em> as the violation of that worship, thus it appears that <em>superstitio</em> is beginning to get a pejorative nuance. But what is the basis of this pejoration? Here also originates the dichotomy between religion and superstition, but the dichotomy unlike our modern usage is not based on rationality, rather on other factors. Ross shows how the Ciceronian view gives a clue into the basis of this distinction which also reveals the source of pejoration – for Cicero a <em>religio</em> becomes <em>superstitiosa</em> if it is infected with ‘new or strange rites’. Therefore it was not <em>religio</em> becoming irrational, but it being supplemented or supplanted with rites different from those of <em>religio</em> that made it superstition.</p>
<p style="text-align: justify;">Janssen in his article on <em>‘Superstitio’ and the Persecution of the Christians</em> brings to light the distinction between <em>superstitio</em> and <em>religio</em> by investigating why the Romans considered Christianity as <em>superstitio</em> and worthy of persecution.</p>
<p style="text-align: justify;">Janssen offers a fascinating historical trace of <em>superstitio</em> basing on the works of Otto, Linkomies and Benveniste on this term: first, in Plautus comedies <em>superstitio</em> refers to a clairvoyant who ‘in a supernatural  way have a clear knowledge about events that happened in the past and who are aware of things present which are beyond ordinary  human perception.’ However secondly, Janssen argues that in the first century BC the meaning of ‘<em>superstitiosus</em> and its derivative <em>superstitio</em> had shifted from clairvoyant to prophesying, foretelling future events’. Thirdly, <em>Superstitio</em> in this sense of prophesy introduced ‘un-Roman rites’ many of which came to the Roman republics from cults of foreign origin. If <em>religio</em> was seen as Roman rites to their gods then <em>superstitio</em> was seen as competing rites with allegiances to strange deities which were considered as ‘a serious offence to the Roman gods and a direct attack on the Roman state’. Fourthly, <em>superstitio</em> in Cicero has to do with people’s practicing of these new rites to ensure that their children survived them. Thus the emphasis was on individual welfare as opposed to the welfare of the Roman state – fostering one’s own interest before that of the <em>res publica</em>. Finally, if <em>religio</em> was seen as rites and rituals that kept the Roman republic together with its <em>pietas</em> and <em>virtus</em> then <em>superstitio</em> as strange and foreign rites with a focus on the individual and disregard for the community of the Roman republic (<em>nomen Romanum</em>) had to be destroyed. In short, <em>superstitio</em> was seen as a competing cult with rites that drew people, away from <em>religio</em> which were Roman rites exalting the Roman Empire, to a way of life consisting of foreign practices that even sought the end of Rome. Thus, in classical times, religion and superstition were opposed to each other not on the basis of reason or rationality but on the basis of political allegiance to the Roman state.</p>
<p style="text-align: justify;">What has all this got to do with Derek and my leaning over him? Before we conclude with that answer, let’s summarise what we have learnt from this incursion into the study of superstition. We have looked at two periods – Classical and Modern – and their usage of the term <em>superstition</em> respectively. In the modern period ‘superstition’ has been used as opposed to reason and analogous to irrational religion. However, in the Classical period superstition is primarily used as opposed to religion but religion was defined by its allegiance to the Roman state rather than by rationality and hence, superstition was anything that opposed the Roman state. Thus in antiquity <em>religio</em> and <em>superstitio</em> were two ways of living lives, possessing two different allegiances and two separate kinds of rites and rituals, in short, two traditions. In modern times, in both <em>religio</em> and <em>superstitio</em> being bundled together as irrational, what is missed is that these terms are being defined against and in opposition to another tradition or cult, namely the cult of scientific material rationalism. In other words, religion and superstition being termed irrational has to taken as differently-rational, contrary to the rationality of scientific materialism. Scientific materialism too has its own rites, rationality, allegiance-demands, and therefore in short is a tradition. Just as in Classical times the competition was between two distinct traditions of <em>superstitio</em> and <em>religio</em>, similarly in our modern age the conflict is between the two distinct traditions of superstition/religion and scientific materialism. Each of these traditions have their own practices and texts and authorities and demand allegiance and punish disobedience.</p>
<p style="text-align: justify;">It is against this background that Derek’s incredulity and admonishing gathers meaning. My failure to trust the safety of modern science made me an apostate, someone who did not believe in the reigning <em>religio</em> of our modern times and thus in that sense was acting superstitiously. The god of modern science was not given her due by my action. I was performing a strange rite of turning off the Cooker, which went against the established authority of science. The manufacturers of the Cooker rigorously following the dictates of Science, according to Derek, have produced a Cooker that guarantees my safety and my failing to recognise that and not trusting it, made me superstitious. My act, however insignificant, was going against the <em>res publica</em> of Science and therefore I had to be admonished and my disbelief destroyed, lest these tiny drops of dissent form a torrent that would threaten Rome. But Science is much more a dangerous religion than the Roman <em>religio</em>, because it does not define itself only by some specific rites or allegiances as the Roman <em>religio</em>, but it defines itself by the nature of what is rational. In that it has subsumed everything rational, as its own and in that it terms everything that is against its rationality as irrational and as religious superstition. But the crucial question upon which the ‘god of science’ stands or falls has to do the nature of rationality and particularly if it is universal?</p>
<p style="text-align: justify;">But here is where we must return to Lesser’s proposal. With some clever work, Lesser establishes that rationalism can be seen in two senses – first, in the narrow sense of justification through formal logical statements and secondly, in the broader sense of the possession of reasoning powers in a systematic sense, however without regard to a defined logic. Therefore what is pre-logical while it goes against the narrow sense of rationalism, is however not <em>ipso facto</em> irrational as it is still within the purview of the broader sense of rationalism. In other words every religious or superstitious practice or rite has its own rationality within its own system of reference. It is only an isolated belief or practice that could appear irrational, however, when it is seen in its systematic interrelations with other beliefs and practices, its own rationality will emerge. This insight that every <em>religio</em>/<em>superstitio</em> possesses a competing rationality challenges the hegemony of the god of science just as Christian <em>superstitio</em> challenged the Roman <em>religio</em>. There is no single rationality, but a plurality of rationalities. Different religious traditions possessing differing rationalities are able to offer alternative beliefs and practices and visions of the good life, even if they are contrary to the claims of modern scientific rationality.</p>
<p style="text-align: justify;">It appears that the central questions for us is – to whom do we give our allegiance, whom do we worship, whose texts and practices have supremacy in our lives, and which tradition do we follow? I am happy to have Derek follow his scientific religion and perform rites dictated by it even if they are different than mine, but probably what raised my curiosity was his incredulity in me not subscribing to his god and rites. It appeared as if suddenly the Roman Empire had reincarnated as modern science which taking on eagle’s wings was demanding my obeisance.</p>
<p style="text-align: justify;">Derek had long gone, and it was a week later and the incident nearly forgotten. Keeping in line with my rigorous diet that had nothing to do with <em>religio</em> or <em>superstitio</em> or science, I was getting ready a tray of veggies to be grilled for my dinner. As l turned the Cooker on to pre-heat the grill – suddenly, lo and behold – flashing lights and a loud noise, and the Cooker went out with a big bang. I stood frozen next to it, glad to have my shoes on and I thought – even the scientific god cannot be completely trusted, and maybe my earlier act of defiance was not all too unwise.</p>
<p style="text-align: justify;">Every Rome has its fall.</p>
<p style="text-align: justify;">
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		<title>Yesudas:The Aura/l</title>
		<link>http://feedproxy.google.com/~r/thefishpond/~3/rqzBO12Rg7U/</link>
		<comments>http://thefishpond.in/ajithkumar/2011/yesudasthe-aural/#comments</comments>
		<pubDate>Mon, 14 Nov 2011 07:21:09 +0000</pubDate>
		<dc:creator>A S Ajith Kumar</dc:creator>
				<category><![CDATA[culture]]></category>
		<category><![CDATA[Music]]></category>
		<category><![CDATA[cinema]]></category>
		<category><![CDATA[song]]></category>
		<category><![CDATA[yesudas]]></category>

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		<description><![CDATA[<p>K J Yesudas was already there as an integral part of the world I was born into. While slowly and un-steadily making sense of the world around I discovered that there is a man living in our singing box, the radio, singing non-stop for us. Over the years I have liked and disliked many of [...]]]></description>
				<content:encoded><![CDATA[<p><a href="http://img.thefishpond.in/Yesudas+Great.jpg"><img class="alignleft size-medium wp-image-1206" title="Yesudas+Great" src="http://img.thefishpond.in/Yesudas+Great-214x300.jpg" alt="" width="214" height="300" /></a>K J Yesudas was already there as an integral part of the world I was born into. While slowly and un-steadily making sense of the world around I discovered that there is a man living in our singing box, the radio, singing non-stop for us. Over the years I have liked and disliked many of his songs as I learned to listen to various genres of music. But he was always there as a towering aural presence, impossible to ignore.</p>
<p>It has been fifty years since he has started playback singing. Half a century is a big span in any sphere, be it cinema or music. Lots of shifts occurred in our life styles, listening habits and technologies; radio, 78 rpm records, vinyl tapes, tape recorders, loud speakers, analogue recording, digital recording, cable TV, internet, mobile&#8230; Music composers who radically changed our aesthetic conventions like Salil Choudary, K J Joy, Shyam, Raghu Kumar, Ilayaraja, Raveendran, Rahman and more came and went. Yesudas stayed.</p>
<p>Is it the same yesudas we are having all these years? I feel he has evolved through the time which is not just the case of `aging’. His voice and singing style have played an important role in the making of Malayalam film songs and vice versa. But unfortunately there hasn’t a comprehensive study about him yet.<span id="more-1205"></span> I think his bass voice considered as a `model male voice’ is not just a biological factor but a technological and sociological construction. I don’t yet have clear evidence but I assume that the discovery of this bass voice happened later in his career while there was a shift in our listening equipments; for instance the sound boxes replacing the `kolambis’ and the simultaneous shift in recording and broadcasting technologies.</p>
<p>Most of us know about the difference in his speaking voice and singing voice. What is this difference? What could be the factors that bring about this great shift to his singing voice? This, I think, is an area to be explored in detail.</p>
<p>Yesudas has always been a site of many conflicts, anxieties and negotiations of the people called Malayalis. He is considered as an advocate of ‘pure music’ by many, as he too presents himself, but at the same time he is also attacked for `diluting the essence of classical music’. I think he has tactically dealt with film music and carnatic `classical’ music by blurring the borders cleverly and developing a peculiar style of singing.</p>
<p>Another important anxiety is over his secular image. I have always felt that the secular space of Malayalam film music is what forces him to be tactical about his secular image. He has always tried to build a secular public image/persona singing his first recorded lines `jaathi bedham matha dwesham’ in every public appearance, visiting hindu temples and singing devotional songs of all major religions.</p>
<p>Let me conclude by saying that like any other music composer I too have the desire that Yesudas would render one of my compositions some day.</p>
<p>&nbsp;</p>
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		<title>Dirty Dancing</title>
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		<pubDate>Fri, 05 Aug 2011 12:31:20 +0000</pubDate>
		<dc:creator>Rose Merin</dc:creator>
				<category><![CDATA[aesthetics]]></category>
		<category><![CDATA[body]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[ban]]></category>
		<category><![CDATA[campus]]></category>
		<category><![CDATA[cinematic dance]]></category>
		<category><![CDATA[kerala]]></category>

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		<description><![CDATA[<p>To be a cinematic dancer, you don’t necessarily be a conventional “mango breasts, wasp waist, and elephant hips” beauty with fair complexion, nor are you expected to be from an elite Hindu family, which automatically bestows you with the “respectability” factor and the “authenticity” to perform “Indian classical dances”. But, mind you, by being a [...]]]></description>
				<content:encoded><![CDATA[<p>To be a cinematic dancer, you don’t necessarily be a conventional “mango breasts, wasp waist, and elephant hips” beauty with fair complexion, nor are you expected to be from an elite Hindu family, which automatically bestows you with the “respectability” factor and the “authenticity” to perform “Indian classical dances”. But, mind you, by being a cinematic<a href="http://img.thefishpond.in/fb.jpg"><img class="alignleft size-medium wp-image-1197" title="fb" src="http://img.thefishpond.in/fb-300x168.jpg" alt="" width="300" height="168" /></a> dancer, you are forsaking “<em>our culture/Indian culture</em>”, and most importantly, increasing your chances of being called a libertine.</p>
<p>I am genuinely annoyed at the news that the Director of Public Instructions, APM Mohammad Hanish, has ordered a ban on cinematic dance in Kerala schools. (<em>Deccan Chronicle</em>, August 1, 2011) Although my first reaction was a chuckle, it later developed into anger after reading the reason behind its censorship.  The director says: “It has come to our notice that certain private organizations and TV channels are promoting cinematic dance in schools all over the state. It has reached ridiculous levels with classrooms are being used for cinematic dance training.’’ The director has never learnt dance while he was at school, I am sure. But having grown with school youth festivals, and other competitions, I know that it was the only option left for students—to  convert class rooms into dance studios during rehearsals.  The second reason is all the more hilarious: “The so called cinematic dance experts and trainers were using the opportunity to exploit students”. What he means by “exploitation” is not clear. <span id="more-1195"></span>Anyhow, can anyone name that utopian dance teacher or art teacher who will never “exploit” a student?  I wonder why the director has not banned the state youth festivals; because during that time the participants never attend classes, the faculty would be busy preparing the students for the trophy, and classes are sometimes taken in makeshift rooms. Again, talking about exploitation, I would like to remind him of the news that appeared in Manorama News Channel, which exposed the fact that around 20,000 to 50,000 rupees was paid <a href="http://www.indiaedunews.net/Kerala/Kerala_youth_festival_marred_by_rigging_allegations_10206/">through middlemen to get an ‘A’ grade for a district level youth festival</a>. Why didn’t he put a ban on youth festivals then?</p>
<p>Let me call a spade a spade. This “anxiety of Keralianness” sprouts from the fear of “caste” and “gender” in cinematic dance. In my experience as a student, most of the cinematic dance teachers were not from upper castes, nor were they elite. And, the female dancers are most often not “tamed” and “subservient”. The popularity of cinematic dance accentuates a caste and gender formation where an under privileged caste/class dancer can also be a “guru” and a female dancer could be virile. This amplifies a fear among the dominant communities. My conviction would be evident when we look at what is going to replace cinematic dance. In the discussion thread on Deccan Chronicle’s profile in Facebook, a gentleman says: “Schools are promoting cinematic dances which are leaving traditional dances like Bharatnatyam, Kathakali, Kuchipudi etc in a sorry state. A school makes responsible citizens not a Badnaam Munni or a Jawaan Sheila who is too sexy for all of us.” I wish he knew that even little children dance to <em>padams</em> explicit with pedophilia in classical dance forms. It is not his fault, I understand. Most often neither the performer, nor the audience understands what a Bharatanatyam or a Mohiniyattam performer does on the stage. It was only last year that I  witnessed girls as young as five and ten performing highly <em>viraha</em> and <em>sringara</em> padams for a Mohiniyattam concert, which was quite disturbing. Nobody seems to take an objection to such practices. Similarly, what the director means by a utopian, non-exploitative environment or teacher for dance seems to echo the nostalgia for the <em>gurukula</em> system, studies of which now show that it <a href="http://www.harekrsna.com/philosophy/vada/writings/gurukula.htm">was a breeding ground of child labour and sexual exploitation</a>. Why is it then that we blindly accept anything “classical”, and downrightly reject anything “popular”? Who equates “classical” with spirituality and purity and “popular” with crass and vulgar?</p>
<p>Interestingly, the ban is considered as a manifestation of the literate Keralian’s intelligent decision. Dance histories time and again prove that the ideas on what should constitute “Indian classical dance” came from the western perception of it, which was later imbibed by the metropolitan English educated elite Hindus and incorporated into the existing dance forms in the name of “cultural revival”. How many would remember it was the much stigmatized Tevidichiyattam that is now called as Mohiniyattam, one among the youngest dance forms to get the entry into the “classical dance” league set by the Culture Ministry of India? How can the society that borrows any Eurocentric idea to add to their “intelligence quotient” shut their eyes towards the increasing popularity of Indian cinematic dance on the global stage?</p>
<p>If someone gives me the lame excuse that it is not in “our culture”, I would have to simply cite G.P.Deshpande. In his essay “Dialectics of Defeat: Some Reflections on Literature, Theatre and Music in Colonial India” (<em>EPW</em>, Vol-22, No.50. Dec. 12, 1987) he says that “culture” is a colonial import. Until then no Indian languages ever mentioned the word, not because Indians were never cultured, or that they never had a culture, but because it never existed as “an autonomous world of discourse”. He explains: “Everything was dharma. Going to a temple was a dharma, singing a raga or a ragini was also a dharma. Dharma does not in this context mean religion. It indicates a space which an individual creates or obtains in a given area of action, duty or creation. This space was a part of the total whole. It was a continuous space. Hence such diverse actions as singing or worshipping or procreating were all described as dharma. It was a secular concept.” Thus, the word “sanskriti”, which is the Indian equivalent for “culture”, used often in the modern cultural scenario should be understood as a colonial invention.</p>
<p>Along with accusations of being “base”, cinematic dance is also considered easy to do. Talk to a committed dancer and he or she will show you how difficult cinematic dancing could be. My effort is not to plead for a place for cinematic dance by placing it alongside “classical dances”, because whether the Director of Public Instructions bans it or not, cinematic dance is going to stay. During my stint as a dance teacher, taking classes for a few school goers, I understood that they came to learn Bharatanatyam, not because of their will but to appease their parent’s ambition. In one of our classes, all of them said in a chorus, “we don’t want Bharatanatyam, it is so boring, we want bollywood dance”. But one girl objected. She was afraid her mother would scold her. When the notion of aesthetic itself is a creation, and what constitutes it changes from time to time, one doesn’t have to necessarily inject it in “tomorrow’s citizen”, especially when it only helps creating condescending attitudes.</p>
<p>In my opinion, the government should promote cinematic dance, because it doesn’t have the entrenched casteist markings and trappings, nor does it train a girl child just to be a meek, humble and sweet human being. The necessity of equal opportunity will be evident if only we look at the names of famous classical dancers Kerala has produced. When news on excommunication of performers from minority communities like VP Rubiya are reported in the state on the grounds that they danced “Hindu dance forms”, government should take cautious steps which includes encouraging of other kinds of dance forms. The “need of the hour” is not banning an art form, but solving the problems of exploitation, or <a href=" http://www.manoramanews.com/cgi-bin/MMOnline.DLL/portal/ep/contentView.do?contentId=9794555&amp;tabId=19&amp;channelId=-1073865026&amp;programId=1080132927&amp;BV_ID=@@@">dressing up that “befits a child’s age” as actress Shwetha Menon reacts to the ban</a>. And this applies to any art form, not just cinematic dance.</p>
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