Category Archives: South Asia Bulletin

Criminalization of human rights work in India

dw.com

INDIA

Tiphagne: Biggest challenge is ‘criminalization’ of human rights work in India

Indian activist Henri Tiphagne is set to receive Amnesty International Germany’s human rights award in Berlin on Monday. DW spoke to him about his work and the obstacles faced by rights groups in India.

Henri Tiphagne

DW: How do you feel about receiving Amnesty International Germany’s human rights award? What does it mean for you and your work?

Henri Tiphagne: In the field of human rights, generally, one never receives awards and rewards. And so it was a real surprise. I am, therefore, receiving this award on behalf of a number of my mentors, largely from India, who worked for human rights and died without any awards.

I also think this award is being handed over to an individual on behalf of a number of human rights defenders across India, whose names, faces and work are unknown to many globally.

These people have had to face many challenges and pay the price in various forms for having stood for the protection of human rights. It is on their behalf that I receive this award.

What inspired you to become a human rights activist? 

My journey as an activist started in the 1970s, when I was in university and understood the need for better social justice in society. And it is this longing for social justice for the poorest of the poor in society that gradually translated itself into work for human rights.

I would also say that my mother, who came from France as a single woman to serve leprosy patients in India and adopted me, and the service that she did drew me into this quest for justice.

And later, the All India Catholic University Federation molded me and played an important role in my transformation into a human rights defender. This is the basis of my work today.

Henri Tiphagne Tiphagne: ‘The government is resorting to the use of various legal provisions to create hassles and curtail the work of human rights defenders’

What are the major obstacles faced by human rights activists in India?

The challenges that are faced by human rights defenders in India are plenty. The first and the most important is the criminalization of human rights work, for instance, by registering a series of false cases. If you are protesting, registering dissent, critical of government policies, then the first thing that is done is to file a slew of false cases against you.

The falsity of the cases is evident from the type of cases registered – sedition, armed revolt against the state, waging war against the state.

The second problem they face relates to torture – both psychological and physical. A variety of means are used to threaten people and discourage them from carrying on with the work they are doing.

The third challenge, particularly for women, is attempts to discredit them and their work. Moreover, sexual overtones are brought into their human rights engagement in a variety of ways. And in addition to being discredited, their dignity is lost by the kind of allegations that are spread against them.

Today, the Indian government is also resorting to the use of various legal provisions to create hassles and curtail the work of human rights defenders. The major problems we face are mainly related to our rights to association, expression and assembly.

There are numerous allegations of growing intolerance in India under the present government led by Prime Minister Narendra Modi, which is also accused of having increased restrictions on NGOs operating in the country. What is your take on this? 

I would agree with those critics, but I would like to point out that this restriction of space for civil society organizations even preceded the Narendra Modi government. Similar restrictions were imposed even during the previous Congress-led government.

It would, therefore, be wrong for me to put the entire blame on the present government, as the present government inherited these tendencies from the previous one.

However, it is important to categorically state that the present government has tightened the restrictions to a very high level, and as a result, there is total intolerance in the country, which is exhibited in a variety of ways.

What needs to be done to improve the working conditions faced by NGOs and activists in the country?

Firstly, we are a country of institutions. India is the only country globally which has about 169 national and state human rights institutions. But the government has failed in ensuring the independence of all the institutions it has created.

It is these institutions, therefore, led by the National Human Rights Commission (NHRC), which should immediately intervene and ensure that space for the right to association, assembly and expression of human rights defenders through civil society organizations is protected.

Secondly, the government has to recognize that it is obligated, by virtue of all the conventions and protocols it has signed, to ensure that the UN principles and guidelines for protecting the rights of human rights defenders are respected within the country. I think these are two urgent things to be done.

Also, we don’t have a ministry of human rights, and we don’t have a parliamentary committee on human rights. We need a ministry which caters to human rights, and a parliamentary committee which delves into the issue of human rights, thus making it a vibrant subject within our polity. Both our government and parliament, and not only the judiciary, have a very important role in ensuring this.

Will the Amnesty award change your work in any way? 

The award, I think, is an opportunity for me to appeal to a larger number of people in India, to companies engaged in economic activities in the country, and a number of well-meaning individuals who respect the constitution and are proud to be Indians, that citizens groups like our organization need appreciation, support, solidarity and financial resources from the Indian public and companies.

We need a large number of people to contribute by supporting us with small amounts, thus making us accountable on a regular basis and transparent to this large number of people who will be supporting us. In this way, we will become a powerful organization, but always answerable to all those who support us and make us a really rooted Indian organization.

And, I think, this award is going to give us the space to be able to do that, in particular.

Henri Tiphagne is Executive Director of People’s Watch Tamil Nadu, a leading India-based NGO. He receives Amnesty International Germany’s human rights award at the Maxim Gorki Theater in Berlin on Monday, April 25, as a recognition of his commitment to human rights.

  • Date 25.04.2016
  • Author Interview: Srinivas Mozumdaru

Ambedkar for all seasons

 

Deconstructing The Unreal Ambedkar

By Anand Teltumbde

05 May, 2015
Countercurrents.org

If the number of statues, memorabilia, pictures and posters; songs and ballads, books and pamphlets, or the size of congregations in memory were the parameters to measure greatness, there may not be any other great in history who can rival Babasaheb Ambedkar. Newer and newer places and events are getting added to the list of his memorials where ever growing congregations take place every passing year. He has been such a phenomenon that after a while it would be difficult for people to believe that such a person who had to struggle to drink water from a public water source, open for cats and dogs, ever walked on this planet. Even the gods in heaven, if they exist, would be jealous of him. What might be behind this miracle? There is no doubt that he has been a messiah for Dalits, initially only a section of them and now the most of them. It is natural for them to be beholden for what he has done to them single handedly and single mindedly. True though, it would be pure naïveté to believe it to be the lone and the entire cause. The catalytic role played by the ruling classes in constructing and promoting Ambedkar icon has been major one and mutually reinforcing.

The recent overtures of the Sangh Pariwar to claim Ambedkar are blatant enough to make Dalits understand the underlying dynamics.

Making of the Icon

The Congress representing political Hindu, was the main adversary of Ambedkar. Recall, Gandhi opposing tooth and nail Ambedkar’s attempt to win Dalits separate electorates during the round table conferences in 1932 and eventually blackmailing him into signing the Poona Pact that annulled the prospective independent political existence of Dalits. After the transfer of power, the Congress tendentiously saw to it that Ambedkar does not enter the constituent assembly. But it soon made a volte face. The folklorish explanations notwithstanding, it was Gandhi’s strategic genius to get Ambedkar elected to the constituent assembly when he had no way left to enter it and then make him the chairman of its drafting committee. Although Ambedkar played a statesman in exchange of safeguarding Dalit rights in the Constitution, this new found affinity did not last long. Ambedkar had to resign from the Nehru cabinet on the issue of retrogression over the Hindu Code Bill. Later, Ambedkar had even disowned the Constitution saying he was used as a hack that it was of no use to anyone and that he would be the first person to burn it down. He called the Congress a ‘burning house’ which could be entered by Dalits only at their peril. But that did not deter scores of ‘Ambedkarites’ from joining the Congress to serve ‘Ambedkarism’.

The Congress skilfully carved out a class of rich farmers out of the most populous band of shudra castes in rural areas with such euphemistic policies as land reforms and Green Revolution. While this class remained its ally for the larger part, it developed its own political ambition, floating regional parties and gradually capturing local to state power bases. The electoral politics became competitive bringing importance to the vote blocks in the form of castes and communities, both skilfully preserved in the Constitution in the name of social justice and the religious reforms, respectively. It was from here on that the conscious cooptation drive of the ruling parties began, of course first with the Congress. Ambedkar’s core concerns were overshadowed and he was systematically iconized into a nationalist, a quasi Congress man, as a statesman and the maker of the Constitution. This propaganda killed many birds with single stone: it won over Ambedkarite masses, accelerated exodus of opportunistic Dalit leaders to the Congress, disoriented Dalit movement along identity lines and gradually de-radicalized Ambedkar. Slowly, other parties also had to enter the competition in projecting their own Ambedkar icon.

Saffronizing Ambedkar

The Sangh Pariwar created by the Hindu supremacist Rashtriya Swayamsevak Sangh (RSS) by launching outfits for major areas of the public sphere (Jan sangh for political, VHP for religious, etc.) and targeting major sociological categories (Rashtriya sevika sangh for women, ABVP for students, BMS for workers, VKA for tribals) to widen its appeal and to diffuse its ideology also floated second generation outfits to deal with strategic and emergent issues. Samajik Samrasata Manch (social assimilation platform) was to woo dalits into its fold. The RSS born in 1925, around the same time as the dalit and communist movements, banked initially on its imagined Hindu majority but failed to make a mark either socially or politically, until it got its 94 MPs elected in 1977 election riding the anti-Congress wave. Initially scandalized by Ambedkar’s anti-Hinduism utterances, it tacitly despised him and banked upon the non-Ambedkarite Dalits as later professed by Bal Thackeray. However, having tested meat of political power, it realized, it could not ignore Ambedkar who had grown into a pan Indian Dalit icon. It strategized to saffronize him picking up his stray statements sans context and mixing them with its Goebbelesqe lies. First of the strokes of saffron on Ambedkar was in comparing the incomparable: Hedgewar with Ambedkar, calling them ‘two doctors’, as though Hedgewar, just a licentiate medical practitioner, with diploma that comes after matriculation and Ambedkar with two doctoral degrees from the world renowned institutions were comparable. What could really be similar between them?

While Ambedkar’s pragmatism left behind numerous inconsistencies, nobody can miss out the central theme of his life which was to usher in what he himself verbalized as his ideal society based on ‘liberty, equality, fraternity’, insisting on their simultaneity. He saw annihilation of castes and socialism (annihilation of classes) to be its prerequisite; democracy as constituting and Buddhism as the moralizing force. RSS’s world view is diametrically opposed to this on every count. The saffron Ambedkar is a nationalist; the real Ambedkar dismissed India to be a nation, and specifically warned that the ‘Hindu nation’ would be calamitous. RSS’s Ambedkar is a great Hindu despite his vow that he would never die a Hindu. RSS projects Buddhism, which Ambedkar embraced after discarding Hinduism, as just a sect of Hinduism brushing away the entire history that it symbolized the shraman revolt against Hinduism and bloody counter revolution of the latter that completely erased Buddhism from the land of its birth. The statements like Ambedkar wanted Sanskrit to be the national language, a saffron flag as the national flag, that he commended the RSS for its good work and that he was for ‘ghar wapasi’, which tries to dwarf Ambedkar to the levels of VHP monkeys, do not deserve to be even commented on. They have been saying that Ambedkar was against Muslims, throwing stray sentences from his Thoughts on Pakistan. This book was written in a polemical style, Ambedkar donning the robes of both an advocate for Hindus as well as for Muslims. Unless one diligently reads it, one could miss many of the arguments as his own opinions. I have exploded this lie in 2003 in my book, Ambedkar on Muslims: Myths and Facts. But again going by his liberal persona and a plethora of other references where he praised Muslim community to the extent Islam would appear to be his preference for conversion (Mukti Kon Pathe, 1936), he can just not be portrayed as petty minded anti-Muslim person. The RSS better understood, it could cheaply project some Dalit stooges on their stage, but would never be able to show Ambedkar as a pigmy little communalist.

Neoliberal Compulsion

The competitive Ambedkar icons offered by the political manufacturers in the India’s electoral market have completely overshadowed the real Ambedkar and decimated potential weaponry of Dalit emancipation. While these icons differed in shades, they all painted Ambedkar in neoliberal colour. The Ambedkar-icon nearly dislodged Gandhi as the mascot of the state, which had worked right from 1947 through 1980s. Gandhi suited the regime in managing polity, camouflaging its anti-people strategic intent, its welfarist rhetoric and its Hindu rate of growth. It began to lose its sheen as the capitalist crisis mounted impelling the rulers to adopt neoliberal reforms. The rhetoric of aggressive development, modernity, open competition, free market, etc. necessitated new icon which would assure people, particularly those of lower strata whom it would hit most, ‘rags-to-riches’ hope in free-market paradigm. None other than Ambedkar fitted the bill. It was the same strategic requirement as seen by Gandhi at the time of creating the Constitution for the newly born anaemic India. The social Darwinist ethos of Neoliberalism had particular resonance with the supremacist RSS ideology which is what catapulted BJP to the stratosphere of political power.

While all parties have use of Ambedkar-icon for wooing Dalits, RSS has it most. It is therefore that from nineties the BJP commands more reserved seats than the Congress. The neoliberal regime badly required its balladeers from among the Dalits and they got it. A significant Dalit middle class, led by some of their heroes belaboured during initial years to convince Dalits how Neoliberalism would be beneficial to them; how Ambedkar was a neoliberal and how Dalits have made fantastic progress with these policies unleashing a ‘revolution’ of Dalit bourgeoisie. They find particular affinity with BJP and are found on their platforms off and on. It is therefore that most Dalit leaders today are in BJP-fold. [See my Three Dalit Rams…EPW, 12 April 2014] This year with extraordinary efficiency BJP bought the innocuous building in London for Rs 44 crores just because Ambedkar stayed in one of its apartments as a student; it cleared the Indu Mill land issue for grand Ambedkar memorial in Mumbai and planned an equally grand Ambedkar International Centre at Delhi.

All these intoxicates Dalits, the 90% of whom are relatively at the same place as they were at the beginning of the last century or worse as they had hopes then and now they have none. They wouldn’t understand Ambedkar’s ‘samata’ is not ‘samrasata’ or Ambedkar’s worldview is not the neoliberal social Darwinism that is out to kill them. They even don’t understand that a few hundred crores on Ambedkar memorials is pittance as compared to over Rs. 5 lakh crore the government stole from their share in budgets just in a single decade!

Dr Anand Teltumbde is a writer, political analyst and a civil rights activist with CPDR, Maharashtra.

Ambedkar’s radical message is annihilation of caste

The Hindu, Wednesday, April 13, 2016
Dehumanising baggage: “Dalits and Adivasis still face social discrimination.” Members of the Safai Karmachari Andolan voice their demands in Madurai. Photo: G. Moorthy

Dehumanising baggage: “Dalits and Adivasis still face social discrimination.” Members of the Safai Karmachari Andolan voice their demands in Madurai. Photo: G. Moorthy

As India marks the 125th birth anniversary of B.R. Ambedkar this week, it must acknowledge the pervasiveness of discrimination and confront it head-on

This year, India has sponsored the observation of the birth anniversary of Babasaheb Ambedkar at the United Nations for the first time. The Permanent Mission of India to the UN shall commemorate the 125th birth anniversary of the Dalit icon on April 13 at the UN headquarters, a day before his date of birth, with an international seminar on ‘Combating inequalities to achieve Sustainable Development Goals (SDGs)’. A note circulated by the Indian mission says that the “national icon” remains an inspiration for millions of Indians and proponents of equality and social justice across the globe. “Fittingly, although it’s a matter of coincidence, one can see the trace of Babasaheb’s radiant vision in the SDGs adopted by the UN General Assembly to eliminate poverty, hunger and socio-economic inequality by 2030.”

Juxtapose this with a recent report on caste-based discrimination by the United Nations Human Right Council’s Special Rapporteur for minority issues that has stung the Indian government, provoking it to raise questions about the lack of “seriousness of work” in the UN body and the special rapporteur’s mandate. Ambedkar, the architect of the Indian Constitution, would definitely not be pleased. Nor are the Dalit rights activists in India and abroad.

Precept and practice

This is the most recent example of India’s hypersensitivity on discussing the caste issue at any UN forum — the objections raised by the Permanent Mission of India to the UN in Geneva to the March 2016 report of Special Rapporteur Rita Izsák-Ndiaye of Hungary. Her report characterised caste-based discrimination as that based on “descent”, labour stratification, untouchability practices and forced endogamy and said that this was a “global phenomena” that impacted more than 250 million people worldwide — largely in India, but also in countries as diverse as Yemen, Japan and Mauritania. Her report cited India’s National Crime Records Bureau data to highlight that there were increasing atrocities against Scheduled Castes — an increase in reported crimes of 19 per cent in 2014 compared to the previous year. The report mentions that despite legislative prohibition of manual scavenging, the state has institutionalised the practice with “local governments and municipalities employing manual scavengers”.

Earlier, during the 2001 World Conference against Racism in Durban, when there was a major effort by Indian NGOs to include casteism on the agenda, the Indian government had vehemently opposed it. Ashok Bharti, chair of the National Confederation of Dalit and Adivasi Organisations, recently told a Web publication: “The whole government suffers from a mindset of the upper castes, that are victims of their own guilt and will therefore try to hide their faults.” He said that if the Indian government had done so well in supporting Dalits, “why have there been thousands of cases of atrocities in the past 25 years? How many perpetrators have been punished? If domestic pressures and remedies do not work, internationalisation was a viable option to seek improvement in the status of Dalits.”

The lesson from all this which India must learn is what the then UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Doudou Diène of Senegal, said a decade ago to the international conference on ‘Human Rights and Dignity of Dalit Women’ in November 2006 at The Hague: “You have to go beyond the law. You have to get to the identity constructions. How, over centuries, the Indian identity has been constructed. All forms of discrimination can be traced historically and intellectually. One of the key strategies of the racist, discriminating communities is to make us believe that discrimination is natural, that it is part of nature, and that you have to accept it. This is part of their ideological weapon and it is not true. Discrimination does not come from the cosmos. Caste-based discrimination can be retraced and deconstructed to combat it. Please engage in this ethical and intellectual strategy to uproot what is building and creating the culture and mentality of discrimination.”

Even 68 years after Independence, Dalits and Adivasis continue to face mind-boggling social discrimination and spine-chilling atrocities across the country. One in four Indians admits to practising caste untouchability in some form in their homes — this shocking fact has been revealed by a mega pan-India survey conducted by the National Council of Applied Economic Research (NCAER) and University of Maryland, U.S. Indians belonging to virtually every religious and caste group, including Muslims, Christians, Scheduled Castes and Scheduled Tribes, admit to practising untouchability, shows the India Human Development Survey (IHDS-II) of 2011-12. Mere tokenism and lip service will not do. India needs to jettison the centuries-old dehumanising baggage of caste stigma once and for all. It should have nothing to hide but see the reality as it is and confront the issues involved head-on.

Towards a transformation

If India has to move ahead to a caste-free nation, the need is for an all-embracing, inclusive pan-India social movement of social and cultural transformation. Ambedkar showed the way: “Turn in any direction you like, caste is the monster that crosses your path. You cannot have political reform, you cannot have economic reform, unless you kill this monster.” In fact, the Dalit political vision today not only encompasses the most oppressed, exploited and marginalised sections of the caste system but also other sections which took on the Brahminical hegemony in 1970s and 1980s — the backward castes and Adivasis. The Dalit political vision has now moved beyond the rhetoric of the Bahujan Samaj Party and the factions of the Republican Party and the decorative Dalit politicos in the Congress, Bharatiya Janata Party, Samajwadi Party, Janata Dal (United) et al or even the low-caste-based Maoist organisations. New social movements like SEWA (Self Employed Women’s Association) in Gujarat, NBA (Narmada Bachao Andolan) in Madhya Pradesh and MKSS (Mazdoor Kisan Shakti Sangathan) in Rajasthan among others have fundamentally broadened the Dalit political vision.

The suicide of Rohith Vemula has exposed why attempts to co-opt Ambedkar as a ‘Hindu reformer’ cannot succeed due to inherent ideological contradictions. The challenge posed by the Ambedkar Students’ Association at the Hyderabad Central University to the Brahminical hegemony of Hindutva represented by Akhil Bharatiya Vidyarthi Parishad is in the very logic of the Dalit political vision.

Now, integrating social and cultural transformation with an economic alternative is critical. Our tryst with destiny can go on and on. But let us grab this moment of truth. So that we can “redeem our pledge”, which has remained unredeemed for more than 68 years, to make conditions for the last men and women representing the Adivasis and Dalits, the marginalised and poor people of India to give unto themselves what is truly theirs. That is the challenge before the people of India.

Suhas Borker is Editor, Citizens First TV (CFTV), and Convener, Working Group on Alternative Strategies, New Delhi.

War on students and faculty in India–continued

 

A Fig-leaf Called ‘Vandalism by UoH Students: SC and ST Faculty Forum and Concerned Teachers of University of Hyderabad

For the past three days the news media has been circulating widely, stories about ‘vandalism’ by students of the University of Hyderabad that led to the police crackdown. Surprisingly little information is actually there on the actual context, timing, duration and nature of the vandalism. It appears that the claim that a group of students indulged in acts of vandalism is enough to justify a full scale war on the entire campus community of over 5000 students.  Yet this charge of vandalism is no more than a fig leaf .

  •         Mera Name plate dekhega? Chal main tere ku sabak sikhata hoon! (You dare look at my         name badge? Let me teach you a lesson)
  • Naam kya hai tera? Acchaa tu Pakistani hai. Chal main tere ku sabak sikhata hoon! (What is your name? Oh, you are a Pakistani? Let me teach you a lesson)
  • Tu kahaan ki rehne wali hai? Itti kaali hai! Aa tere ku sabak sikhata hoon! (Where are you from? You are so dark. Let me teach you a lesson)
  • Kiskaa Fotu khenchraa re tu? Abhi bataata hoon tere ku! (Whose photo are you shooting? Let me show you …)

This was how the police read out the rights to the students and faculty member of University of Hyderabad as they were ‘arrested’ on March 22. Arrested from different places all over the campus much later in the day when most of them were nowhere near the lodge that morning.

Two teachers Prof. K Y Ratnam (Centre for Ambedkar Studies) and Dr. Tathagatha Sengupta (School of Mathematics and Statistics) known for their commitment to social justice were targeted, roughed-up, and arrested. Prof. Ratnam, who was in a selection committee meeting till 2pm and then came to the VC Lodge saw the police beating up the students sitting on the lawns and went to dissuade them was himself roughed up and thrown into the van. When a female faculty member rushed there to urge the policemen to stop beating up Prof. Ratnam, she was told that she was welcome to jump into the van. When a female student tried to intervene when a male student was being dragged into the van, she was told she would be raped. Thus began a three-track ordeal for the University of Hyderabad community.

Track I- Denial of food, water and basic amenities

Electricity, water, food and internet were all shut off for two days by the non-teaching staff who, according to the Vice-Chancellor, were on strike. 14 hostel messes were completely shut down affecting the 5000 odd students on campus. For 48 hours, volunteers from across the city were desperately trying to supply food and water to the students through the barricaded gates. Many students protected themselves from dehydration by drinking water from the bathrooms. On March 23 some students tried to cook food on the campus. They were stopped from doing so.  D. Udaya Bhanu, a research scholar, who was cooking for the starving students at the shopping complex was beaten up brutally despite him pleading that her was just recovering from a surgery. In fact, he was then hit at the spot of the surgery and on his head, and had to be rushed to a hospital in a critical condition. The police taunted him about his political views and activities on campus, and indicated that he was receiving his just desserts. A security officer of the university who was watching the events told the police personnel to beat the excess fat out of Uday. All this while the ‘nationalist’ students affiliated to ABVP were circling them on motor cycles shouting slogans cheering India’s win in a cricket match and taunting the others.

The University of Hyderabad campus could easily have been any of the police camps that dotted Telangana region in the 80s.  The younger generation of students who are not familiar with such images have been describing it as Jallianwala bagh, surrounded as they were, by armed, hostile men.

For full article: http://kafila.org/2016/03/25/a-fig-leaf-called-vandalism-by-uoh-students-sc-and-st-faculty-forum-and-concerned-teachers-of-university-of-hyderabad/