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Kathua, Unnao rape cases: Mr Modi action is needed

The ruling BJP did not take note of the crime against women until the Opposition, Civil society, media and the celebrities raised the inaction by the government against the powerful men accused of rape.

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Kathua Rape Case

Unprecedented  and shocking incidents are happening in Independent India where BJP ministers and lawyers are defending the rapists of an eight-year-old girl in Jammu and Kashmir’s Kathua and Uttar Pradesh Chief Minister Yogi Adityanath didn’t allow the police to arrest BJP MLA Kuldeep Singh Sengar on the allegations of rape made by a 17-year-old girl on the grounds that case is being probed.

Compelled by the Congress to speak up on the ongoing incidents of rape cases that have jolted India, Prime Minister Narendra Modi has assured the country that no culprit would be spared and complete justice would be done. “Our daughters will definitely get justice,” said the Prime Minister.

Union Minister Smriti Irani termed Congress President Rahul Gandhi’s candle march as an “attempt to politicise” the incidents and said: “As a woman, I request victim-shaming to be stopped.”

Smriti must understand that shaming is being done by the ruling party at the Centre, who allow respective BJP governments in the states to embolden the accused and are encouraging the rape culture with no justice for the victim in sight.

“Hindu Ekta Manch” held a rally holding Indian tricolor flag in Jammu with full police protection against the arrest of a ‘rapist and murderer’ shows a glaring example of how ruling regime has crossed every limit of humanity and ethics.

The girl’s father Mohd Yousuf lodged a complaint on January 12 at the Hiranagar station that his daughter who “had gone for grazing horses in the nearby forest on January 10” and had not returned.

On 17th January dead body of Asifa was recovered. On January 22, the case was transferred to the Crime Branch.

The most alarming situation was witnessed when lawyers from one community on April 9 prevented the crime branch of Jammu and Kashmir police from presenting a chargesheet against the seven accused in the brutal gangrape and murder of an eight-year-old Bakarwal girl in the court and instead were able to file the chargesheet on April 11.

The Modi government at the Centre and the PDP-BJP coalition government in the state of Jammu and Kashmir are defending the BJP leaders Lal Singh Chaudhary and Chander Prakash Ganga who supported the protests that were led by a group called “Hindu Ekta Manch” supporting the Rapists. Now, there are reports that the two BJP ministers in Jammu and Kashmir who joined rallies in support of the Kathua accused on Friday resigned.

The accused included 60-year-old Sanji Ram, a former revenue official, Special Police Officers Deepak Khajuria and Surender Verma, Sub-Inspector Anand Dutta, Head Constable Tilak Raj, civilian Parvesh Kumar and Sanji’s minor son Vishala.

Image result for The protesting lawyers alleged that the Muslim nomads were trying to alter the demographics of Jammu

Lawyers protest on behalf of the accused

The protesting lawyers alleged that the Muslim nomads were trying to alter the demographics of Jammu. The entire incident was given a communal or religious angle that triggered communal tension and protests in the state so as to divert the attention of the country from the brutal gang-rape and murder of a minor girl from a Bakarwal community.

The ruling BJP did not take note of the crime against women until the Opposition, Civil society, media and the celebrities raised the inaction by the government against the powerful men accused of rape.

Congress president Rahul Gandhi led a candlelight vigil at midnight  against the ruling BJP government for shielding the culprits in the Kathua and Unnao rape cases and to protest the growing crimes against women in the country.

Hours after his midnight candlelight march at India Gate, Congress chief said Prime Minister Narendra Modi’s “silence” over the rape incidents in Jammu and Kashmir’s Kathua and Uttar Pradesh’s Unnao was “unacceptable”.

The Modi ministers have started issuing statements one by one after the civil society, Bollywood personalities and the Opposition have questioned the type of nationalism being displayed by the ruling dispensation.

Taking Suo-Moto Cognisance of the conduct of lawyers in Kathua rape case, the Supreme Court on Friday said access to justice can’t be impeded by lawyers. The top court issued a notice to Bar Council of India and also to Jammu HC Bar Association and Kathua Bar Association.

On the contrary, BJP MP Meenakshi Lekhi accused the Opposition of communalising the Kathua and Unnao rape incidents and said they should not have protested until an investigation was conducted. Modi government should realize that in Kathua rape case, it took three months for the crime branch to file the charge sheet and in Unnao rape case it took 10 months to file an FIR. It was after sharp criticism from opponents and public outcry that an FIR was lodged against  BJP MLA Kuldeep Singh Sengar under Sections 363, 366, 376, 506 and POCSO Act.

Giving a childish argument to the media, Bharatiya Janata Party MP and spokesperson Meenakshi Lekhi said: “The two BJP ministers were misled by a few people.”

It is pertinent to mention that in 2013,  controversy broke out when two news portals released CDs of purported telephonic conversations between then Gujarat chief minister Narendra Modi aide Amit Shah, who was then state Home Minister, and two top state police officials relating to snooping on a woman in 2009.

Maneka Gandhi said that she intends to ask for the death penalty for those who rape children below 12 years of age. “Am deeply, deeply disturbed by the rape case in Kathua, and all the recent rape cases. I and the ministry intend to bring an amendment to the POCSO Act asking for the death penalty for the rape of children below 12 years of age,” said Maneka. POCSO is the Protection of Children from Sexual Offences Act, 2012.

The most important point is that the victim’s families continue to live under threats especially when the accused enjoy political power or patronage.

In a democracy, when government fails to perform its duties, the Judiciary, independent and important pillar, is bound to restore the faith of the people.

Blog : By Arti Bali,
arti

(Senior Journalist)

Analysis

RSS chief sets BJP’s electoral agenda

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RSS volunteers

There was never any doubt about the Bharatiya Janata Party’s (BJP) anti-minority electoral gambits but the agenda has now been unambigiously and forcefully articulated by the party’s friend, philosopher and guide, the Rashtriya Swayamsevak Sangh (RSS).

Delivering the organisation’s customary message on the occasion of Dussehra/Vijay Dashami, its chief, Mohan Bhagwat, has left no stone unturned about what the Narendra Modi government should immediately do — which is to start building the Ram temple in Ayodhya even by enacting an ordinance.

By pointedly ignoring the fact that the issue is currently before the Supreme Court, the RSS chief has taken the party and the Hindutva brotherhood to the days of the Ramjanmabhoomi movement in the 1990s when the saffron storm-troopers used to say that the courts can have no say in a matter of faith.

Apart from a reiteration of this aggressive “religious” stance, Bhagwat’s directive to the BJP to get down to business and not dilly-dally any longer on building the temple has scrapped Atal Behari Vajpayee’s decision in 1996 to put in cold storage the three “core” issues of the Sangh parivar — building the temple, doing away with Article 370 of the Constitution conferring special status on Jammu and Kashmir, and introducing a uniform civil code

That the negation of Vajpayee’s wishes has been done in the year of his death is not without significance. It remains to be seen whether the RSS will give any “advice” to the government on the two other issues — Article 370 and the uniform civil code.

But why the sudden hurry about constructing the temple? There may be two reasons. One is that it is the last throw of the dice by the party and the parivar in an election season to consolidate its vote bank of communal-minded Hindus at a time when the less than favourable economic scene may make sections of the liberal Hindus, who voted for the BJP in 2014, drift away.

The other is the realisation in the saffron brotherhood that it is now or never where the temple is concerned since the BJP is unlikely to get a majority on its own in the Lok Sabha in 2019. The National Democratic Alliance (NDA) led by it may get it, but it will not be easy for the BJP to persuade some of its allies such as the Janata Dal (United) — which has opposed the BJP’s favourite triple talaq ordinance — and the Akali Dal to endorse a construction programme which cannot but alienate the minorities.

Notwithstanding BJP president Amit Shah’s conviction that the party will reign for half a century, there may be an awareness in the organisation that the 2014 outcome was the result of several unforeseen events — the Congress’s sudden and somewhat inexplicable collapse and Modi’s emergence (against the wishes of several in his party) as some kind of a messiah. From this standpoint, 2019 will not be the same as 2014.

Ever since the party and the parivar sensed that the mantras of neither “achhe din” (good days) nor “sabka saath, sabka vikas” (development for all) is evoking a favourable response, the focus of the saffron propaganda has been on Hindu-Muslim polarisation.

Whether it is extending the scope of the National Register of Citizens (NRC) from Assam to other states or the removal of long-established Muslim names in Uttar Pradesh like Mughalsarai and Allahabad, the BJP’s aim has been to send the message that Muslims will be under pressure to prove the genuiness of their citizenship and that India’s multi-cultural past will be erased as Hindu rashtra takes root.

Along with the direct and indirect offensive against Muslims, the parivar is also intent on confirming its Hindu credentials by opposing the Supreme Court’s verdict allowing women of all ages to enter the Sabarimala temple in Kerala on the grounds it violates centuries-old beliefs.

The Sabarimala episode enables the RSS and the BJP to try and kill two birds with one stone. One is to project themselves as the standard-bearers of Hinduism, and the other is to flaunt a defiance of the Supreme Court.

The court has aroused the saffron lobby’s ire ever since it delivered a series of “progressive” judgments (of which Sabarimala is one) such as the one upholding the rights of privacy, which the government argued was an elitist concept, and the other was to decriminalise homosexuality in a case from which the government recused itself evidently because while the legalisation went against the BJP’s crusty orthodoxy, the party could not afford to be seen as living in Victorian times.

Sabarimala has given an opportunity to the RSS and the BJP to defy the apex court and suggest that it is not right all the time. The defiance may have also been motivated by the #MeToo movement which has claimed the scalp of a Union minister and persuaded another minister to say that those who support the movement are “perverted”.

Among the others who also answer to the description of being perverted are the so-called “Urban Naxalites”, a new form of abuse coined by the RSS and the BJP for the Left-Liberals who have always been called anti-nationals. Not surprisingly, another of the RSS chief’s advice to the government was to keep the “Urban Naxalites” under surveillance.

It will be interesting to know what those “secularists” who interacted with the RSS recently like former President Pranab Mukherjee and the business tycoon, Ratan Tata, think of the pitch for the temple and the castigation of “Urban Naxalites”.

(Amulya Ganguli is a political analyst. The views expressed are personal. He can be reached at [email protected])

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Women, Sabarimala temple and right to equality

The Sabarimala issue is not just about entry right to the women but now has become Religion Vs Fundamental Rights. In India, there are numbers of such issues which are still keeping the females deprived of rights.

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BJP rally Sabarimala

Ages back the women folks were exploited and the same is happening in modern times. Hinduism abolished Sati — a female was forced to be burnt alive in the pyre of her husband. Raja Ram Mohan Roy started a campaign against it and it came to an end. But has this changed brought much change in the lives of the women folk in the present times!

Sabarimala temple is Ayyappa temple situated in the Sabarimal region in Kerala. Here the females of age 10 to 50 are not allowed to enter due to the menstruation problem. There has been a lot of hues and cry over this issue.

Legal battle:

In 1991, this boycott to temple section for ladies was tested under the steady gaze of the Kerala High Court in S. Mahendran Vs The Secretary, Travancore case. Kerala High court decided for the preclusion of ladies entering the temple and asserted that these confinements have existed since time immemorial and not unfair to the Constitution. This request of the High Court was executed and pursued for the following 15 years. In 2006, the boycott was tested by the Public Interest Litigation recorded by the Young Lawyers Association with the Supreme Court, asserting that rule 3(b) of Kerala Hindu places of Public worship (Authorisation of entry) Rules 1965 that states, “women who are not by custom and usage allowed to enter a place of public worship shall not be entitled to enter or offer worship in any place of public worship” is infringement of established standards of equality, non-discrimination and religious opportunity. On April 25, 2016, the representative lawyer of the Devaswom, K.K Venugopal stated: “There is a sensible grouping by which certain classes of women are excluded”. Supreme Court was concerned regarding the statement if menstruation was associated with purity of women. The case was then assigned to the Constitution Bench by the Supreme Court.

In 2018, Justice Dipak Misra, The Chief Justice of India, while addressing to the PIL, put a query to the temple’s management over denying passage to women. The case was heard by a constitution bench headed by Justice Misra alongside Justices Rohinton Nariman, Justice AM Khanwilkar, Justice DY Chandrachud and Justice Indu Malhotra. The court held that Sabarimala pilgrims couldn’t be a different group or religious division. The traditions are subjected to sacred legitimacy and preclusion of ladies passage to temple infringing upon the Fundamental Rights. Justice Chandrachud claimed, “Your entitlement to implore as a lady isn’t subject to any law, it is a constitutional right”. He additionally included that notice issued under the standards recommending the age restrictions on ladies entry as “discretionary on its essence”.

In the year 2012, a similar campaign like that of Sabarimala temple was launched by the Bharatiya Muslim Mahila Andolan (BMMA) & Bhumata Brigade to offer prayers at the Haji Ali Dargah. It is the resting place of Sayyed Peer Haji Ali Shah Bukhari on the islet of Mumbai coast. This shrine is 585 years old. The Haji Ali Dargah is administered by the Haji Ali Dargah Trust a public charitable trust enrolled under the Maharashtra Public Trust Act. The trustees of the Dargah had chosen to deny ladies access to the grave area in 2011, calling the un-Islamic. It had expressed that it was redressing it’s earlier misstep of enabling ladies to touch the actual grave. The argument by the petitioner was that the Muslims deprive their women to equal rights, they keep them suppressed and the women folks don’t have a right to raise their voice in Islam.

On 26 August 2016, Bombay High Court decided that women to be allowed to enter the sanctum sanctorum. Even the Supreme Court sealed the verdict of Bombay High Court and the women were allowed to enter the shrine sacred area on 29 November 2016. This was welcomed by all the people across India. It was stated that now the Muslim women have got their rights which were deprived of them since the advent of Islam.

Similarly, the Supreme Court has ordered that the women should be allowed in the Sabarimala temple and the old practice should be done away with.

In the case of Sabarimala temple, various Hindu groups are not accepting the decision of the Supreme Court and want a revision of the judgment. The present day’s ruling party Bharatiya Janta Party (BJP) is backing the agitation against the judgment.

Are the women not suppressed now by going against their right to enter the temple? It is not an insult to the highest court of law in India? The law of the land is above the ruling class or any religion but the BJP and other Hindu organizations are adamant for rather they are trying to show strength through mass gathering against the judgment.

Is this the respect to the law of the land?

Declaimer: The views are the sole discretion of the author...
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Analysis

Climate change will worsen disparities, may increase support for Naxals: Report

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Maoists Naxal

Bengaluru, Oct 16 : As the effects of climate change on livelihoods become more pronounced, especially for people involved in agriculture and fishing in South and South-East Asia, support for rebel groups and the Naxalite movement is likely to shoot up, according to a new report.

There is evidence that climate change will worsen socio-economic and political disparity in the region as those in power will get to decide who gets the limited resources and how much, the report, co-authored by researchers Pernilla Nordqvist and Florian Krampe while working for the Stockholm International Peace Research Institute (SIPRI), has said.

“The climate-conflict linkage primarily plays out in contexts that are already vulnerable to climate change and violence, and where income is highly dependent on agriculture and fishing,” Nordqvist told IndiaSpend in an email.

Human activities have already caused warming of 1 degree Celsius as compared to pre-industrial times, according to the latest report of the United Nations’ Intergovernmental Panel on Climate Change (IPCC). By 2030, or latest by mid-century, global warming is likely to reach 1.5 degrees Celsius.

Close to 2.5 billion people live in South and South-East Asia, where poverty rates have been declining substantially, thanks to years of strong economic growth in countries such as India. However, the region is also prone to the fallouts of climate change, with glaciers in the Himalayas melting and several island-countries facing rising sea levels. Floods, cyclones, heat waves and droughts are now a frequent occurrence and are expected to intensify in the coming years.

“The region is highly vulnerable to the impact of climate change and also has a recent history of political violence,” Krampe told IndiaSpend.

Nordqvist and Krame examined 2,000 peer-reviewed studies on the relationship between climate change and conflict and narrowed down on 21 of the most authoritative works for their report, which was published in September 2018.

Their findings from India show that rebel groups and government forces both find recruitment easier when drought is around the corner.

The IPCC report also adds that climate-related risks to livelihoods, food security, health, water supply and human security are projected to increase as the planet warms by 1.5 degrees. With a 2-degree rise, the risks will intensify.

In some areas affected by the Naxalite conflict, the worsening of livelihood conditions has been related to the increased intensity of ongoing civil conflicts. During a drought, or a potential drought, there is an increased risk that rebels and government actors recruit or cooperate with civilians in exchange for livelihood and provision of food.

Naxalites could use climate-related events to gain power in an ongoing conflict, and rebel groups more generally could increase their use of violence against civilians to ensure their groups’ food security, according to the report.

“They violently remove local farmers from their land to ensure enough cropland and agricultural supplies for their own use. The risk of violence seems especially high in rural areas, where government control is scarce and the local population is dependent on the support or protection of rebels or other armed actors,” Nordqvist said.

As climate change pushes up migration, it introduces the possibility of riots in urban areas over resources, the report said. Highlighting the case of riots in Tripura in northeastern India, it said the effects will be most felt in areas where there are already low levels of socio-political stability.

“Many of the climate change problems are trans-national. The Brahmaputra, for example, flows through three countries and is seeing frequent flooding. There is no question that countries will need to cooperate and tensions like the ones between countries India and Pakistan will make this difficult,” Krampe said.

There is some research on the relationship between climate change and conflict in countries such as India, Bangladesh and Pakistan, the report said, adding that there is little understanding of how climate change could be driving conflict in places such as Afghanistan and Myanmar.

Elsewhere in South-East Asia, in some coastal areas of Indonesia the reduced income opportunities from fishing have been linked to a rise in piracy-related activities.

But the impact does not end there.

In Pakistan, for instance, the Islamist group Jamaat-ud-Dawa (JUD) was able to increase its stronghold in Sindh province after the group participated in relief activities following extreme floods.

The IPCC report also warns that those living along coasts and populations dependent on agriculture will be the worst hit by climate change, which will push up poverty rates in coastal areas and in developing countries.

However, “Not everyone affected by climate change will join a rebel group but this also relates to the failure of the governments to respond to disasters,” Krampe said.

At the same time, not all areas will see conflict in the face of climate change. Some might even see a greater cooperation in the aftermath of a natural disaster. These regional dynamics are evolving, however, and their contours will only become clearer with time.

(In arrangement with IndiaSpend.org, a data-driven, non-profit, public interest journalism platform. Disha Shetty is a Columbia Journalism School-IndiaSpend reporting fellow. The views expressed are those of IndiaSpend. Feedback at [email protected])

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