All posts by SANSAD

India prevents rights activist from going to UNHRC

Khurram Parvez prevented from attending UN Human Rights Council Session by India

Press Statement
14 September 2016

Early this morning, at 1:30 a.m., Khurram Parvez, a Kashmiri human rights defender- presently the Chairperson of Asian Federation Against involuntary Disappearances (AFAD) and Program Coordinator of Jammu Kashmir Coalition of Civil Society (JKCCS) – was prevented from leaving Delhi at the Indira Gandhi International airport Delhi. He was leaving to visit Geneva, Switzerland to attend the ongoing UN Human Rights Council session.

Despite having invitation, valid visa and other necessary documents, Khurram Parvez was detained for one and a half hours, and subsequently told that due to orders from the Intelligence Bureau, he cannot travel to Geneva. Despite repeatedly asking for written orders that he was forbidden to leave the country, he was denied the same. And despite repeatedly asking for reasons, grounds or the basis for the decision to disallow his travel, he was not provided the same. He was only orally informed that immigration officers had instructions that he was not to be ‘arrested’, but that he should not be allowed to leave the country. It appears that Khurram Parvez is not being allowed to travel because he has been – in his capacity as the Chairperson of Asian Federation Against involuntary Disappearances (AFAD) and Program Coordinator of Jammu Kashmir Coalition of Civil Society (JKCCS) – highlighting violations of human rights Preventing Khurram Parvez from travelling is an attempt to criminalize the human rights campaign and documentation work which JKCCS has been involved in for the last several years.

Khurram Parvez alongwith Mary Aileen Diez Bacalso, Adv. Parvez Imroz, Adv. Kartik Murukutla and Ron de Vera were part of the AFAD & JKCCS delegation which is visiting Geneva from 14th to 24th September to attend the 33rd UN Human Rights Council session.

The Kashmiri members of the delegation, besides attending the UNHRC session are scheduled to brief UN bodies including the UN High Commissioner for Human Rights regarding the situation in Jammu and Kashmir, particularly over the last two months. JKCCS was also to participate in India’s Universal Periodic Review [a four year review process of UN States by the Human Rights Council] to be held in April/May 2017. JKCCS has already submitted a report on the role of the Indian State in Jammu and Kashmir as a part of that review process.

This travel ban is a part of the widespread and systematic violence that the people of Jammu and Kashmir continue to face. Over the last 68 days, Fundamental Rights have been curtailed through the imposition of continuous State curfews and restrictions, 80+ civilians have been killed and 10,000+ injured through State forces action with 800+ having received eye-damage including by the use of pellet shotguns and 100+ civilians are partially or permanently blinded. Peaceful gatherings and marches, including funeral processions and public prayers, are met with violence as telecommunication services remain by and large curtailed. Political activists and protestors, including minors, are illegally detained [estimated at 1000+]. The Indian State seeks to isolate the people of Jammu and Kashmir at all costs, and disallowing human rights activists access to the UN is a part of this attempt to isolate and ensure impunity for violence and denial of human rights.

India has staked a claim to a permanent seat at the UN Security Council, and is presently a member of the UN Human Rights Council. Yet, in absolute disregard to its own laws, it denies Kashmiris basic fundamental rights. The international community, particularly the UN, must condemn the attempts of the Indian State to deny the people of Jammu and Kashmir their right to resist, including through human rights work, and urgently intervene through a UN fact-finding mission in Jammu and Kashmir.

Adv. Parvez Imroz
President, Jammu Kashmir Coalition of Civil Society

SANSAD News-release Sept 16, 2016

Deplore the silencing of journalists

SANSAD strongly deplores the ongoing effort to censor journalists critical of the policies of the Indian government and to manipulate the media addressing the South Asian diaspora in Vancouver, BC.

On September 6, 2016 Shiv Inder Singh, an independent journalist working out of Punjab and reporting on several radio stations across Canada, published an open letter protesting his arbitrary suspension as a daily reporter on Radio Red-FM in Vancouver, BC for his criticism of Indian Prime Minister, Narendra Modi.

Mr. Shiv Inder Singh had been working on Radio Red-FM since 2014, providing daily reports and commentary on political developments in India. He has been critical of the rise of religious intolerance under Mr. Modi and the poor human rights record of his ruling Hindu nationalist Bhartiya Janata Party (BJP).

Lately Mr. Singh had found himself in on-air altercation with the host of an evening show and had brought this to the attention of the CEO of the radio station without finding any redress. The conflict had come to a crisis on July 27, when Mr. Singh criticized the politics behind the Government of India’s celebration of the anniversary of a minor military incident between India and Pakistan. Following this Mr. Singh found himself suspended without explanation and received no satisfaction when he sought one from the CEO. Some Vancouver-based individuals who approached the CEO regarding the matter were told that Mr. Singh had been taken off air because of complaints regarding his criticism of Narendra Modi and the Indian Army.

This is not the first incident of such silencing. In 2014 Gurpreet Singh, a respected journalist who had been working in Radio India as a host since 2001 had to resign when he was reprimanded for interviewing the organizers of a Sikh group planning a protest against the visit of Narendra Modi to the US to address the UN following his election as Prime Minister of India. Mr. Modi previously had been banned from visiting the US after the pogrom against Muslims in Gujarat in 2002 when he was the Chief Minister of the state. Gurpreet Singh was ordered to praise Modi instead of allowing airtime to his critics, compelling his resignation.

SANSAD believes that journalistic independence and freedom of the press are essential foundations of democracy and utterly deplores all attacks on journalists and press freedom. The silencing of Shiv Inder Singh and Gurpreet Singh is deplorable as an attempt to remove any critical perspective from the media serving the South Asian diaspora.

-Thirty-

South Asian Network for Secularism and Democracy (SANSAD), www.sansad.org

Belonging in India

Belonging, at the margins

Relationship of proportionality: Whereas Mr. Hazare’s protest can be accommodated within Indian nationalism’s Gandhian conception, Ms. Sharmila’s seems to be a jarring presence in it.” File photo of Irom Sharmila.
AP

Relationship of proportionality: Whereas Mr. Hazare’s protest can be accommodated within Indian nationalism’s Gandhian conception, Ms. Sharmila’s seems to be a jarring presence in it.” File photo of Irom Sharmila.

Irom Sharmila’s failure to get an official acknowledgement speaks to the larger silences on the Northeast

Irom Sharmila’s extraordinary fast of 16 years, demanding the repeal of the Armed Forces (Special Powers) Act or AFSPA, has come to an end. Her struggle drew on the most sanctified mode of protest at the very heart of the formation of the Indian nation. Yet, despite its length and hardship, it failed to receive an acknowledgement from the Indian state, nor did it register in the consciousness of the nation. How are we to read this non-acknowledgement in the context of our polity?

In this regard, it is instructive to contrast Ms. Sharmila’s fast to that of Anna Hazare, whose anti-corruption movement in 2011 galvanised the nation and shook the political establishment. On the 12th day of his fast, concerned about his well-being, the government agreed to a dialogue with him. At the time, there was much optimism amongst civil society that, perhaps, Ms. Sharmila too would receive a similar acknowledgement. Many civil society groups got together to form the Save Sharmila Solidarity Campaign in September 2011. Activist Medha Patkar who was part of the campaign had, in fact, hopefully speculated that “when Anna’s 12-day fast could move the entire nation, why can’t Sharmila’s 10-year fast help remove the AFSPA?”

Inequality of representation

Ms. Patkar’s hope, of course, did not materialise. But her question is instructive, for it suggests an inequality of representation between Ms. Sharmila and Mr. Hazare within the national imagination. Whereas Mr. Hazare’s protest can be accommodated within Indian nationalism’s Gandhian conception, Ms. Sharmila’s seems to be a jarring presence in it. We want to suggest that there is a relationship of proportionality at work here — Sharmila : Hazare = Northeast : India. Within the representational schemata of the nation-state, the first term on either side of the equality is of a lesser worth than the second. Therefore, understanding the lack that the category Northeast connotes in relation to India is productive ground for understanding Ms. Sharmila’s failed attempt at getting an acknowledgment from the Indian state. At the same time, we have to consider whether this very non-acknowledgment speaks to the political condition of marginality of India’s Northeast.

The fact that AFSPA and representative democracy have co-existed in many parts of India’s Northeast for almost 60 years itself suggests that there is something amiss about the way democratic institutions have functioned in the region. Consider for a moment how AFSPA found roots in post-Independence India. Its formulation in 1958 was a response to the demands of the Nagas for sovereignty based on the assertion that the Nagas are a nationality, distinct from the Indian nationality. This claim was something the Indian nation-state could neither ignore nor acknowledge. The institutional response in the form of the AFSPA precisely entailed considering the demands of the Nagas as neither that of an outsider nor an insider; in other words, as the demands of someone included within the nation-state, yet excluded from nationalism’s imagination of the national.

Inclusion-exclusion conundrum

In purely logical terms, there is, of course, nothing that can be both inside and outside (a set) at the same time. That is why, within these terms, when the presence of such an element shows up, we refer to it as a contradiction. India’s Northeast very much finds itself within such a theoretical and political impasse, caught up, as it is, within a non-space — inside the physical space of India, yet outside the political and epistemic space underlying its imagination. How does one stand and take a position on a space that is actually a non-space? That is the challenging question that intermediates the political articulation of marginality in the region, one that we must ask of Ms. Sharmila as well.

A pattern of exhibition of sovereign power has persisted for the last 16 years. Soon after Ms. Sharmila started her fast, the state arrested her, charging her with the crime of attempted suicide under Section 309 of the Indian Penal Code. Every 15 days she was produced before a magistrate and as she refused to eat or drink, her judicial remand was extended by another 15 days. As the maximum punishment for attempted suicide is one year’s imprisonment, every year she was released after completion of the one-year term and rearrested a few days later. In exercising this power, the state has tried to “protect” her as an Indian citizen. However, this gesture immediately opens up a paradox. Because she has been protesting against AFSPA, her supposed protection immediately points to the precariousness of everyday Northeastern citizens under the peculiar politico-juridical arrangement of representative democracy co-existing with martial laws. Therefore, the very moment of her inclusion also turns into an exclusion. That exclusion manifests itself in the form of an absolute non-acknowledgement by the state of her call for a political dialogue.

Being included and excluded at the same time, Ms. Sharmila too has been caught up in a non-space. She cannot be excluded from the legal category of Indian citizenship and yet cannot be included within the political imagination of the nation, which, in this postcolonial context, appears to be what this legal category draws on for its force. Her struggle personifies the very impasse of the Northeast, its non-space. In so doing, it has provided, arguably, the most powerful democratic expression of a political condition that, given the ways in which nationalism’s language has stripped the categories of citizenship and representative democracy of their emancipatory potential, has proven almost impossible to articulate. Indeed, her struggle takes us to and exposes the very limits of these categories at the margins of the postcolonial nation-state. That is the enduring political content of her struggle. It is a struggle that asks of those of us who abide by India’s Northeast to re-examine the very lexicon with which to articulate claims of political belonging at the margins of the postcolonial nation-state.

Papori Bora and Abhinash Borah are faculty, respectively, at the Centre for Women’s Studies of JNU and the Economics Department of Ashoka University. Some of the arguments made here draws on earlier published research of Ms. Bora.

 

What is Kashmiriyat?

 

Or insaniyat? Or jamhooriyat? In Kashmir, so-called solutions are riddled with contradictions and divisions

Written by Pratap Bhanu Mehta | Published:August 27, 2016 12:00 am

Kashmir unrest, Kashmir valley unrest, Kashmir violence, kashmir curfew, kashmir issue, Jammu and Kashmir, J&K, Kashmir protests, mehbooba mufti, Jammu and kashmir chief minister, Jammu and kashmir CM Mehbooba Mufti, Kashmiriyat, jamhooriyat, insaniyat, PDP, BJP, hizbul muzahiddin militant, kashmir news, india newsThe brutalisation produced by the war in Kashmir has also produced new internal logics of violence and conformity. (Source: PTI photo)

Kashmir has been under curfew for nearly 50 days. This curfew will, inevitably, risk a new cycle of alienation, brutalisation and deprivation. There is a desperate search for small consolations. It is a failure of our political imagination that it took an army commander to remind us of the banal truth that at least all parties need to be talking to each other. We may console ourselves, as Chief Minister Mehbooba Mufti seems to claim, that only five per cent are responsible for this agitation. But we should not deny the fact that this agitation is geographically unprecedented. The state’s assumption that an informational clampdown will reduce the protestors’ ability to organise seems to have been deeply mistaken. The ability to perpetuate a cycle of violent provocation and counter provocation remains unabated. Fatigue may produce a fragile peace. But the suffocating logjam that has produced this crisis is not likely to abate in the absence of political boldness.

Platitudes are all back in play. But these platitudes may mark a strategy of avoidance rather than heralding a new breakthrough. Take the oft cited trinity: Kashmiriyat, jamhooriyat, and insaaniyat. When Vajpayee invoked them, they were a good starting point. But now they sound more like metaphysical abstractions unmoored from actual politics. Invoking them seems more like begging the question. Kashmiriyat has now mutated in ways that its meaning is not clear. Who will it include and exclude, and on what terms? There is no question, as this column has argued, that the Indian state has unconscionably failed in Kashmir. Its legitimacy is tenuous at best, a legal artefact secured by brute force. But normatively speaking, the very thing that makes us suspicious of hyper Indian nationalism should also make us suspicious of sub-nationalisms.

As a resistance to human rights violations, or homogenising cultural impositions, sub-nationalisms are understandable. But the very pathologies that make nationalism suspect are often equally on display in sub-nationalisms. Just like the question, “who is an Indian”, can be a trap to benchmark identity into a logic of conformity, the question of Kashmiriyat does the same. How will a political movement based on Kashmiriyat negotiate differences over the very idea? Can aazadi or a future within the Indian Union both be manifestations of Kashmiriyat? If so, how does invoking the concept solve the problem? If those invoking aazadi look upon any good faith cooperation with the Indian state as an act of betrayal, if the language of collaborators and traitors and the violence and psychological pressures it produces becomes widespread, how is dialogue possible?

The brutalisation produced by the war in Kashmir has also produced new internal logics of violence and conformity. The extent of religious radicalisation of the Kashmir movement is a matter for some debate. But it only exacerbates the question of Kashmiriyat. Second, in diverse populations, territorial secession almost always comes with ethnic cleansing. The alignment of territory and ethnicity is a deep form of closure, and in Kashmir that has already happened with the expulsion of the Pandits. Third, most movements born out of violence, whether perpetrated by the state, militants, or even reckless provocateurs, find it hard to overcome the traces of violence; the forms of protest will also produce their own new brutalisation. In short, Kashmiriyat at this point, is already a deeply shattered mirror that will distort reality as much as it represents it.

In fact, so deeply is the mirror shattered that even the question, who represents Kashmir, is now at an impasse. If you recognise Kashmiriyat you are seen as occluding differences within Kashmir that now run deep. If you don’t invoke Kashmiriyat you are accused of harbouring some assimilationist design of the Indian state. This argument is not meant to settle any of the normative issues or deny the legitimacy of the Kashmir movement, though in our era of suspicion it will be understandably read that way. But because the Indian state is deeply wrong, it does not follow that the current articulation of Kashmiriyat is any less in danger of taking on a pathological form. In South Asia, more generally, identity and territory are less promising normative frames in which to solve our problems than accepting diversity born of individual freedom and human rights. But freedom and human rights are always casualties of competing nationalisms.

The same is true of jamhooriyat. What are the terms of democracy we are looking at? Given the Indian state’s track record, most Kashmiris will rightly read this as an invocation of the status quo. After all, democratic incorporation through free and fair elections has been the Indian state’s gambit. What is the deeper or newer meaning of jamhooriyat that is on offer? A more radically asymmetric federalism? A reversal to the pre-1953 constitution? More radical decentralisation? All of this should be a matter of discussion. But there is not an iota of evidence that Delhi is willing to move on a variety of institutional proposals that have been gathering dust for decades. In fact, in some respects, democracy can impede more radical proposals for democracy. Even in Kashmir, the PDP and NC have more of an investment in embarrassing each other than they have in finding a common solution. All the forces that participate in democratic politics, as Delhi defines it, stand discredited. The innate risk averseness and structure of competitive politics in Delhi is such that all parties can come together to preserve the status quo, rather than risk imagining democracy differently. In short, jamhooriyat is a noble idea. But its competitive version is also, curiously, part of the problem.

On insaniyat, the plot was lost a long time ago. The brutal repression by the state, the ravages of militancy, the psychological effects of occupation, have made insaniyat hard to imagine in its institutional form. Decades of killings, disappearances, torture has now been replaced by the use of kids as fodder for violence. Insaniyat is, and has always been hostage to the demands of abstract passions like identity and territory. Insaniyat is already hemmed in: Territory before insaniyat, aazadi before insaniyat, borders before insaniyat, the lines of us and them before insaniyat.

Overcoming this logjam will take incredible political courage. All parties, including Pakistan, will have to be part of the dialogue, perhaps without preconditions. But it is a measure of our moral cul de sac that the very things that are supposed to be a part of the solution — Kashmiriyat, jamhooriyat and insaniyat — are the very things that reflect our contradictions and divisions. These are platitudes of avoidance.

The writer is president, CPR Delhi and contributing editor,‘Indian Express’
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