Sunday, 15 September 2013

Dutch apologise for Indonesian executions
Formal apology for colonial era mass killings comes ahead of state visit by the Dutch prime minister to Jakarta.
The Dutch government has formally apologised for the mass killing of Indonesians during colonial occupation which ended in 1949.

The Dutch ambassador in Indonesia, Tjeerd de Zwaan, officially presented the state's apology at a Jakarta ceremony on Thursday.

"On behalf of the Dutch government I apologise for these excesses," De Zwaan said.

The Netherlands had already apologised and paid compensation in certain specific cases, but this was the first general apology for atrocities carried out during the colonial era.

"The Dutch government is aware that it bears a special responsibility in respect of Indonesian widows of victims of summary executions comparable to those carried out by Dutch troops in what was then Celebes (Sulawesi) and Rawa Gede (West Java)," De Zwaan added.

Representatives of the victims welcomed the apology.

"We feel grateful and very happy to be here. Before that we never imagined that it would be like this," said one, Nurhaeni.

Westerling executions

Special forces from the Netherlands carried out a series of summary executions in its former colony between 1945 and 1949, killing thousands.

In total, about 40,000 people were executed during the colonial era, according to the Indonesian government; however, Dutch figures mention only a few thousand.

Dutch ambassador Tjeerd De Zwaan (3rd left) talks with Indonesian relatives of victims of summary executions by the Dutch army in the 1940s, during a ceremony at the Dutch embassy in Jakarta on September 12, 2013. The Netherlands has sought to "close a difficult chapter" with its former colony Indonesia by publicly apologizing for summary executions carried out by the Dutch army in the 1940s (AFP Photo/ Romeo Gacad)
South Sulawesi was the site of one of the worst atrocities. On January 28, 1947, Dutch special forces executed 208 men on a field in front of a local government office.

It was one of the many mass murders by notorious captain Raymond Westerling who was long considered a hero in the Netherlands.

Westerling and his troops held summary executions in tens of villages for a period of three months in a bid to wipe out resistance against Dutch colonisation. Neither he or his men were ever prosecuted.

Al Jazeera's Step Vaessen, reporting from Jakarta, said the Dutch government suddenly seemed in a hurry to apologise for the atrocities that were committed over 60 years ago.

"In a couple of months from now, the Dutch prime minister is visiting Indonesia and many have said it would actually be much more appropriate to issue the apology then. But suddenly they decided it had to happen today at the Dutch embassy and not in the places where these war crimes have taken place," Vaessen said.

"They chose the embassy because they want to apologies for a lot more than only what happened in South Sulawesi and other places. They are apologising for all the war crimes, which the Dutch merely call excesses," Vaessen added.

The Hague had previously apologised and paid out to the widows in individual cases but it had never said sorry or offered compensation for the victims of general summary executions.

Legal action

Two high-profile legal actions have resulted in 20,000 euros being awarded to the widows of some victims and a public apology for summary executions that took place on the island of Sulawesi and Rawagadeh, on the island of Java.

"When I received the money from the Netherlands I smelled it, I was so happy. But when I was smelling it I could not forget what happened to my husband. I was so sad," Nani, a 93-year-old widow told Al Jazeera.

The father of Andi Mondji was one of 208 executed in Sulawesi. He witnessed it when he was still a small child.

"Look what I have lost back then, my grandmother was shot when she was 80 years old and my father was shot and another relative too. All of them shot dead. They should be able to imagine how I as a child have suffered because of this," Mondji told Al Jazeera.


Courtesy: Aljazeera
Oklahoma man convicted of murder in woman’s 1979 shooting death executed by lethal injection
September 10, 2013: McALESTER, Okla. — An Oklahoma death row inmate convicted of first-degree murder in the shooting death of a 25-year-old Korean national 34 years ago was executed Tuesday.

Anthony Rozelle Banks, 61, was pronounced dead at 6:07 p.m. after receiving a lethal injection of drugs at the Oklahoma State Penitentiary in McAlester. Banks is the fourth Oklahoma death row inmate to be executed this year. About five people protested the execution at the governor’s mansion in Oklahoma City.

Banks was convicted of first-degree murder and sentenced to death by a Tulsa County jury for the June 6, 1979, killing of Sun “Kim” Travis. Banks was already serving a life prison sentence for his conviction in the April 11, 1978, slaying of a Tulsa convenience store clerk during an armed robbery when he was linked to Travis’ death by DNA evidence 18 years after her death.

Travis was abducted from the parking lot of a Tulsa apartment complex and later raped and shot in the head. Her partially clothed body was found in a roadside ditch on the city’s north side the morning after her disappearance.

Banks and a co-defendant, Allen Wayne Nelson, 54, were charged in August 1997, when their DNA was detected in evidence found on Travis’ body and clothing. A 12-member jury convicted Nelson of first-degree murder and sentenced him to life in prison.

Banks was already in prison following his conviction for the 1978 slaying of David Fremin, who was shot and killed during an armed robbery. Banks was convicted of first-degree murder by a Tulsa County jury that imposed the death penalty in that case.

But the 10th U.S. Circuit Court of Appeals ordered a new trial in 1994, saying prosecutors failed to disclose evidence to the defense that the jury could have used to find Banks innocent. The court also said Banks received ineffective counsel. Rather than face the possibility of being sentenced to death again, Banks pleaded guilty to the murder charge in exchange for a sentence of life in prison.

In July, Banks waived his right to ask the Oklahoma Pardon and Parole Board to commute his death sentence to life in prison.

Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Courtesy: Washington Post
Family of murdered Pakistani student pardons killers
In this June 7, 2013, file photo, Shahrukh Jatoi, top center, convicted of killing 20-year-old Shahzeb Khan, is escorted by members of the police to an Anti-Terrorism court in Karachi, Pakistan.
KARACHI: The family of a Pakistani student whose death sparked outrage against the abuse of power by the wealthy has decided to pardon the men convicted in his killing, their lawyer said Monday.

The family filed an affidavit with the court several days ago pardoning the men accused of killing their son, Shahzeb Khan, lawyer Mehmood Alam Rizvi said.

Pakistani law has a maximum punishment of the death penalty, or life in prison for a murder. But, under Islamic laws victim families can strike an out-of-court deal with the murderers. In that case, the victim’s families generally appear in court to testify that they have pardoned the murderer in the name of God.

These pardons often include the accused paying the victim’s families money but in this case the lawyer said the victims’ family did not accept any payment.

The court must now decide whether to accept the pardon, but judges generally follow the decision of the family.

The two men convicted, Shahrukh Jatoi and Nawab Siraj Talpur, come from two of the wealthiest families in the southern port city of Karachi, a violent metropolis of 18 million people. They were convicted of killing the 20-year-old Khan one late night in December after the university student had an argument with one of Talpur’s servants.

The killing led to an unusual social media campaign demanding the country’s rich and powerful be held accountable for their acts.

Powerful Pakistanis and their offspring are now faced with a growing cadre of citizens — often middle class or upper middle class — who are increasingly fighting them with the help of the Internet, an activist Supreme Court and prominent political figures seeking to harness their anger.

Activists in Karachi sprang into action over Khan’s death, holding protests, using Twitter and setting up a Facebook page, “In memory of Shahzeb Khan,” to get word out about the case.

Eventually, the Supreme Court demanded that police arrest the suspected killers in 24 hours, seize their property and freeze their bank accounts.

Courtesy: Arab News
Death-row inmate, 73, sixth executed under Abe Cabinet
~by Tomohiro Osaki
Photo, Courtesy: JDP
September 12, 2013:  A convicted murderer was hanged Thursday morning for robbing and gunning down the owner of a restaurant in Yokohama’s Chinatown in May 2004.

Tokuhisa Kumagai, 73, was put to death after Justice Minister Sadakazu Tanigaki signed the order for the execution, the sixth under the Cabinet of Prime Minister Shinzo Abe, who took office last December.

About a month after the slaying, Kumagai attempted another robbery during which he shot an employee at Shibuya Station in Tokyo. The station worker narrowly escaped death, but was partially paralyzed.

For this incident, Kumagai was convicted of attempted murder and attempted robbery.

He was also convicted of attempted arson and robbery for earlier incidents.

During a hastily arranged news conference after the hanging, Tanigaki denounced Kumagai’s crimes as “extremely flagrant,” saying the murder and other transgressions were motivated by selfishness and caused immeasurable pain to the families of the victims.

“As a matter of fact, his acts were scrutinized by the courts numerous times, and I myself repeatedly gave them serious considerations before signing the final order,” Tanigaki said.

Human rights groups immediately slammed the execution, saying it underscored a determined disregard for the global trend toward abolishing capital punishment.

Japan and the United States are the only two countries among the Group of Eight heavily industrialized nations that retain the system.Thursday’s execution came five months after a round of executions in April.

Kumagai was the sixth person to be hanged since Abe returned to power in December.

With his hanging, the number of inmates on death row fell to 132, four of whom were convicted and sentenced to death under the lay judge system.

Tanigaki refrained from elaborating on the timing of Kumagai’s hanging, only stressing that his decision was finalized after ensuring that the case “deserved no retrial at all” and that “there is absolutely no good reason to reverse the order of his execution.”

The justice minister said the administration has no intention of reviewing the death penalty as “there is no need to do so at the moment.”

The pace with which Tanigaki has signed off on executions was described by some critics as eerily reminiscent of Kunio Hatoyama, the LDP lawmaker who ran the Justice Ministry from 2007 to 2008. During his tenure, Hatoyama signed the execution order for 13 inmates, the most since 1993 when hangings were resumed after a hiatus of about 40 months.

Under the three-year rule of the Democratic Party of Japan starting in 2009, the pace of hangings was relatively sluggish, and none were carried out in 2011. A total of nine inmates were executed during the three-year period.

Amnesty International Japan issued a statement Thursday protesting Japan’s “step toward mass executions.”

Noting that Tokyo has won the right to host the 2020 Olympics, the group said Japan’s adherence to such a “dehumanizing custom” clearly belies the sporting festival’s long-held goal of “upholding the dignity of human beings and peaceful society.”

Amnesty added that public debate on capital punishment remains limited.

“We believe it’s unacceptable that only a limited number of bureaucrats are in charge of making such a life-and-death decision and run the system behind closed doors. The government should make more information public to ensure the basic right of ordinary citizens to know about it,” the group said.

The Japan Federation of Bar Associations likewise criticized Thursday’s hanging as “unforgivable.”

It noted that Kumagai was first given life in prison before an appellate court overturned that sentence and gave him the death penalty, a fact the lawyers group said signaled conflicting opinions among judges.

The Committee against Torture, a human rights body from the United Nations, urged Japan in a report in May to give condemned inmates more advance notice of the date of their execution. Currently, inmates are informed of their impending hanging only a few hours in advance.

Courtesy: Japan Times
Two prisoners have been executed in Kermanshah
Hanging in Iran - file photo
12th September, 2013:  HRANA News Agency – Two prisoners have been hanged on charge of drug trafficking in Diesel Abad prison of Kermanshah yesterday morning.

 According to a report by IRIB, the prosecutor of Kermanshah said that these two had been charged with having 244 kg. Opium and were hanged yesterday morning in Kermanshah Diesel Abad prison.

Maleki mentioned that the two executed ones had been arrested once before on the same charges and said: “But they did not give up drug trafficking and this time were arrested for having 244 kg. Opium.”

Courtesy: Iran Human Rights
Iran: Three prisoners hanged in public
Thursday, 12 September 2013: The Iranian regime henchmen hanged three prisoners in public in southern city of Dehdasht, the state-run Fars News Agency reported.
 
They were hanged early morning in the main square of the city located in the Kohgiluyeh and Boyer-Ahmad Province.

So far, the number of executions since sham presidential elections in June has reached to at least 150 with a third of the executions taking place after Hassan Rouhani has assumed office.
 
Hassan Rouhani’s government has turned down a request by Ahmed Shaheed, the UN Special Rapporteur on human rights in Iran, to visit the country.

Since two years ago that Ahmed Shaheed has been designated as the United Nations Rapporteur for Human Rights in Iran, the ruling mullahs have not allowed him to visit the country and have described his reports as “baseless allegations” and his resources as “terrorists and anti-revolutionaries”.

Friday, 13 September 2013

Activists, human right groups question euphoria on death sentence
~Nagendar Sharma
New Delhi, September 13, 2013:  Amid the widespread support for the city court's decision to sentence to death the four convicts responsible for the December 16 gang-rape and murder, there are voices of dissent on whether death penalty is a deterrent against heinous crimes.

Jurists opposed to death penalty and human rights groups expressed disappointment over the general euphoria on the death sentence, saying the tendency of looking for quick fix solutions to douse public anger would not ensure safety and empowerment of women in the country.

Veteran human rights lawyer ND Pancholi said the death sentence for four young convicts was bad in law. "The prosecution repeatedly stressed that the juvenile was the most brutal among all the accused. Then how can it ever be justified that he will remain alive and four others will hang?" 

He welcomed the quick verdict convicting the accused, but opposed the death sentence, saying "It is clearly on the basis of the public clamour and these men should have been kept in jail throughout their lives."

Supreme Court lawyer Kamini Jaiswal said the decision to hang the convicts had been announced by the home minister two days before the court pronounced it.

"I have no problem with the court holding the accused guilty, but I fail to understand why only the poor get death sentence in India? Is there a single case of a rich person being hanged?" she asked.

Lawyer Karuna Nandy said a mass awareness campaign to counter violence against women should be the focus. "Eliminating these men will not eliminate the culture of rape. The deep misogyny of potential assailants, as well as many actors within the criminal justice system needs to shift."

Former Delhi high court chief justice Rajinder Sachar said the focus should be on changing the attitude of the society towards women and not death penalty. "I am not sure whether the death sentence acts as a deterrent against heinous crimes."

Human rights organisation, Amnesty International said though the widespread anger in India over this case is understandable, "authorities must avoid using the death penalty as a quick-fix solution. There is no evidence that the death penalty is a particular deterrent to crime, and its use will not eradicate violence against women in India."

The Asian Centre for Human Rights said the death penalty could be counter-productive since the possibility of victims being murdered by criminals in order to destroy evidence must not be overlooked.

Courtesy: Hindustan Times
India gang-rape sentencing: the death penalty explained
[Editor: A country which encourages SADISM and BARBARITY in the name of justice, is the domain of medieval man. It cannot be the home of modern-day homo-sapiens, who boasts of civility! Also, any form of retribution cannot be called justice, in present day world. Moreover, it is now increasingly felt that few politicians like Mr.Sushil Kumar Shinde, the Home Minister of India, Ms.Sheila Dixit, the CM of Delhi and Ms.Brinda Karat, CP(I)M Politburo member, Ms.Sushma Swaraj, BJP, Mr.Naveen Jindal, can be easily  dubbed as "POLITICAL SADISTS". Even RSS spokesman, Mr.Ram Madhav and former actresses, Ms.Ravina Tendon & Gul Panag, proved their inability to think different or are just an ordinary bunch of ogres
Living among such brutes, not only damages the conscience of a sane individual, but can also prompt him/her to resort to violence for the redressal of the grievances.  It is this kind of sick mentality that led to "State Sponsored Murder" of millions of people by the Joseph Stalin's  regime, in the erstwhile, USSR. Media Channels are turning Indian democracy into a "Mobo-cracy", which needs highest degree of condemnation, from the Indian Intelligentsia. Besides, only blaming the convicts, without looking a the incident in its entirety is simply, an eye-wash or sham. According to First Post, Mr.Sunil Kumar, a Delhi police inspector said in a sting operation, “No rape in Delhi can happen without the girl’s provocation.” 
The fact of the matter is that this view is held by many Indians, but most of them do not want to come out in the open, lest they get stigmatized. The girl in this case (who was raped) was reported to be loafing around in a very cold Delhi-night at 9-10 pm, when even dogs fear to move. She was allegedly with a person who was not her boy-friend. So, who was he or how was he related to this unmarried girl? The same girl went to a film with the said man, who was reported to be a software engineer, by profession. That only explains the quality of the girl, whom a group of rabid supporters, turned into some sort of "Goddess". This also gives some indication as why some girls get raped while not others--it seems no one wants to hear this inconvenient truth. 
It was even reported in a section of the media that, dying girl wished that her attackers be "burned alive", which was the practice during the middle-ages. This again clearly shows the nature of training she received from her parents. Delhi incident is sad and condemnable, but then it is equally unfortunate to see boys of early twenties being sent to gallows, in order to satisfy the wishes of a marauding crowd.  Retired Delhi High Court judge R.S. Sodhi who sentenced five people to death during his time on the bench, now opposes the death penalty. "A life sentence is the biggest sentence you can give. Imagine rotting for the rest of your life in jail," he said. 
It is a view echoed by some women's rights groups and legal experts who oppose executing the physiotherapist's attackers. Others invoke the Gandhian principle that "an eye for an eye makes the whole world blind". "Public opinion and particularly media channels are adding fuel to the fire. It is putting the judiciary on the back foot," said Colin Gonsalves, a lawyer who has appeared in the Supreme Court and is founder director of the Human Rights Law Network. 
In November, India ended what many human rights groups had interpreted as an undeclared moratorium on capital punishment when it executed an Islamic Terrorist, convicted for the 2008 militant attack on Mumbai. Three months later, it hanged a man from the Kashmir region for a 2001 militant attack on parliament. "In the past year, India has made a full-scale retreat from its previous principled rejection of the death penalty," said Meenakshi Ganguly, South Asia director of Human Rights Watch. She called for the complete abolition of the death penalty. 
Comments on social media websites and elsewhere suggest that popular opinion is in favour of executing the men, although a survey by CNN-IBN-The Hindu newspaper in July showed Indians were divided on the merits of capital punishment. Earlier, Defence counsel A.P. Singh urged Judge Yogesh Khanna to ignore the clamour for the death penalty, which he said was a "primitive and cold-blooded and simplistic" response. There is a myth going on that, only harsh laws can make a country free of crimes. Yes, to some extent it can achieve the objective, but in the process, such brutalization of societies, generates its own vicious side-effects, as is enumerated by social scientists all over the world. My only question to the supporters of Capital Punishment: Did Rape and Murder stop after the hanging of Dhananjay Chatterjee in Kolkata, India, in a similar case?]
  • An unofficial eight year moratorium came to an end last year when the first of two executions took place, Mohammad Ajmal Amir Kasab - convicted of involvement in the 2008 Mumbai gun attack. The second, in February 2013, Muhammad Afzal - convicted of plotting the 2001 attack on India’s Parliament. The quick succession of the two executions, coupled with the Supreme Court’s ruling in regards to capital punishment earlier this year, has raised the awareness of controversy surrounding India’s penal system.
  • Capital Punishment has been part of Indian law since the colonial era, officially 1860. At present the hading down of a death sentence rests entirely on the judges’ discretion. Trial by jury was abolished in 1962.
  • The 1973 Code of Criminal Procedure states that those sentenced to death should be hung until dead. (Previous methods have included being crushed by an elephant, impaling and being shot from a cannon.) In 1983 the Supreme Court rather ambiguously ruled that the death penalty should only ever be applied in ‘the rarest of rare cases’. At the same time the court overruled the challenge to means of execution on the grounds that hanging did not involve torture, barbarity, humiliation or degradation.
  • Spring of 2013 saw the most recent of amendments when rape resulting in death or a permanent vegetative state of the victim was introduced. Other crimes that are punishable by death include murder, terrorism, treason, and espionage. Those people under eighteen at the time of the crime, pregnant women and people deemed mentally retarded or ill are excluded from receiving the death sentence.
  • Before a prisoner can be executed the sentence has to be confirmed by India’s High Court. Convicts are allowed to appeal both sentence and conviction. Those tried first tried in a lower court may appeal to the High Court and those tried in the High Court may appeal to the Supreme Court. Once all appeals have been exhausted death row prisoners can submit a final appeal for clemency, known as a mercy plea, to India’s president. Such pleas can be granted by the State Governor and the President of India, resulting in suspension, pardon, or commutation of death sentences.
  • In the reverse, the state is allowed to call for a harsher sentence. Requests for the death sentence, when it has not been previously handed down, can be submitted to the High Court.
  • The length of time spent waiting on death row, as well as the number of people actually executed annually, has raised arguments about the use of the death sentence as a punishment. Many prisoners can spend more than a decade waiting either for their sentence to be confirmed or for a decision on their mercy plea. Lawyers have used this as an argument against the death sentence stating that it is unfair and illegal for prisoners to be kept waiting to die for so long. The sentence was death and not life in prison. Similarly the Indian penal code technically allows any prisoner waiting more than five years to contest their sentence. 
  • In 2012 Indian courts suffered from two noteworthy embarrassments. Fourteen retired Judges asked for thirteen cases of the death penalty to be commuted after admitting the original sentence was handed down per incuriam (out of error or ignorance). In the same year it was revealed that president Pratibha Patil had, during the course of her five-year term, commuted the sentence of a rapist who had died five years previously.
  • The Asian Centre for Human Rights recently completed a study on India’s Capital Punishment calling into question the application of ‘rarest of the rare’. They found that between 2001 and 2011 1, 455 convicts were sentenced to death, an average of one less than every third day.
  • Capital Punishment is currently practiced in 58 countries, including USA, Japan, Belarus, Cuba, and Singapore. As of 2012 there are 97 abolitionist states. According to Amnesty International the worst offenders in 2012 were China (1000+ deaths), Iran (314+) and Iraq (129+). The organisation confirmed 1, 722 death sentences and 682 executions (excluding China) in 2012.
  • Some of the current more popular means of execution are electrocution, lethal injection and hanging. Stoning is common practice in the Middle East. Saudi Arabia decapitated four men as recently as 2007.
  • In the past more unusual methods have been used. Boiling, legalised by Henry VIII; although Uzbekistan boiled two political dissidents in 2002. Being hung, drawn and quartered was the penalty for high treason in England. Immurement, being locked and left within an enclosed space, was used across Europe and Asia. Dismemberment, usually by being attached to objects moving in opposite directions, was common throughout the Middle Ages, as was disembowelment.
Courtesy: The Telegraph and with inputs from the Reuters
India brings back death penalty over rape, terrorism
Four men found guilty in last year’s fatal gang rape of a student in New Delhi are to be sentenced on Friday. Prosecutors have sought the death penalty but activists warn that the rise of executions in India will not solve the problem.

Outside a district court in the Indian capital of New Delhi, protesters bearing placards that proclaim, “Hang all the rapists” have been breaking out in a now-customary “Hang the criminals” chant over the past few days.

The chants have turned into a rallying cry for many Indians outraged by the rape and murder of a student in New Delhi in December 2012.

On Friday, four men convicted of the crime are set to learn their fate when a New Delhi judge delivers a verdict on a case that sparked a national outcry.

The prosecution has called for a death penalty.

"The common man will lose faith in the judiciary if the harshest punishment is not given," special public prosecutor Dayan Krishnan told trial judge Yogesh Khanna during a court session on Wednesday.

The parents of the victim, who may not be identified for legal reasons, also support a death sentence. "They finished my daughter, they deserve the same fate," the victim’s father told reporters outside court earlier this week.

Under Indian law, the death penalty is reserved for the "rarest of rare" cases. Even when it is imposed, the authorities have rarely carried out executions.

But an eight year unofficial moratorium on executions in India ended on November 12, 2012, with the hanging of a Pakistani citizen convicted of multiple murders in the 2008 Mumbai terrorist attack. Months later, a man convicted in the December 2001 attack on the Indian parliament was also executed.

Following the massive public outcry in the wake of the horrific December 2012 rape and murder, India passed a tough new anti-rape law.

"The new law introduced the option of the death penalty for rape in two situations: when the woman dies or ends up in a vegetative state, and in some cases of repeat offences of rape,” said Yug Chaudhry, a Mumbai-based criminal lawyer, in a phone interview with FRANCE 24.

‘Death for rape’

A human rights lawyer and vocal opponent of the death penalty, Chaudhry believes India’s political leaders have bowed to popular pressure while failing to address the root of the problem.

“The death penalty diverts attention from the main issues: the safety of women in the street, education and police reform,” he said.

But many Indians such as Niharika Midha, who launched an online petition "Death for rape” last December, support the death penalty and want to see the new legislation properly implemented.

In a phone interview with FRANCE 24 from Britain, where she has been living for the past three years, Midha said she was moved to act by the sheer brutality of the crime. “I felt far away but the case affected me profoundly. My family, my friends live in India. This could happen to them,” she explained.

Like Chaudhry, Midha also demands better a police response to crimes against women in a country where most cases are not registered and victims’ rights are routinely compromised by law enforcement officials. “But it will take 30 years,” said Midha, referring to long-term structural changes and reforms. “Meanwhile, these criminals should not be released,” she added.

Turning ‘to the guillotine for a quick-fix solution’

Activists and members of Indian civil society groups, however, argue that the death penalty is not a quick fix solution to India’s deeply rooted patriarchal attitudes.

While welcoming the guilty verdict against the four men, Indian women’s rights groups have cautioned against a death sentence, noting that research across the world has shown that capital punishment does not act as a deterrent and fearing the case would set a dangerous precedent for all rapes to be punished by hanging.

In 1983, India's Supreme Court ruled that the death penalty should only be used in “the rarest of rare cases” -- a ruling that has seen hundreds of death sentences commuted to life in prison over the past few years.

But the unofficial moratorium ended with execution of Mohammed Ajmal Kasab, the lone surviving gunmen in the 2008 Mumbai terror attacks.

Chaudhry, who unsuccessfully defended a pardon for Kasab, holds the current Indian President Pranab Mukherjee responsible for the new wave of executions. "His predecessors rejected six clemency pleas over 15 years. He has denied 20 during his first year in office,” said Chaudhry.

In a column in The Huffington Post, Sajid Suleman, a human rights researcher, noted that India’s recent use of the death penalty, “gives the impression that when the root cause of the crime is complex and the solution requires a long term strategy, the Indian authorities turn to the guillotine for a quick-fix solution. The execution of a Pakistani will not resolve the territorial dispute with Pakistan,” wrote Suleman.

“One might expect the Indian public to be angry at their government's unwillingness to prevent crimes from happening, rather than calling for more severe punishments for the perpetrators once a crime has been committed,” he added.

India currently has about 400 prisoners awaiting the death penalty, according to local news reports.

If the four convicted men in the New Delhi rape and murder case do receive the death penalty, India's high court will still have to confirm the sentences. The four are expected to file appeals, so proceedings could still go on for months or even years.

Courtesy: France24  
Death sentence can't stop rapes: Nandita Das
Social activist and actress Nandita Das believes that death sentence cannot act as a deterrence against a crime like rape.
"I don't believe that death sentence is a solution to stop this because the conviction rate in our country is so low," the 43-year-old said here Monday at the Janki Devi Bajaj Puraskar ceremony.

Recently the gang-rape of a 23-year-old girl in Delhi, who died of her injuries in a Singapore hospital, shocked everyone and triggered nationwide protests demanding new law for the culprits of such crimes.

"Despite all that has been happening, there are still reports of such crimes (rapes) still happening," she said.

Nandita said there are other ways that should instead be adopted.

"In other countries such reports have been filed which state that death sentence has not lowered the graph of such crimes. In fact, the countries where such crimes happen less, they don't even have any such thing as death sentence. Such criminals should instead be brought to speedy trial, social humiliation and other such things," she suggested.

Nandita is aghast at current statements by many that hold women responsible for rapes.

"This accusation that some people have been flinging these days that these crimes and rapes happen because girls wear skirts and other such clothes is utter nonsense. If this was true, then no village woman would be raped," said Nandita who in "Bawandar" played the role of Bhanwari Devi, a low-caste woman from a village in Rajasthan who was allegedly gang-raped in 1992.

Claiming an example from her piece of work, Nandita said, "I made film 'Bawandar' on Bhanwari Devi. Even her face used to be covered, this (rape) should not have happened with her then."

"We hear of a three-year-old girl being raped. Was she found in some nightclub? We should not shame ourselves by giving such excuses," she added.

Wednesday, 11 September 2013

Delhi case: Top 10 arguments of the defense team
[Editor: The Delhi, incident is unfortunate and very poignant. It is true that justice should be delivered so that recurrence of such cases are reduced. But at the same time, what all need to refrain from is trial by the media. There is no statistical evidence to prove that stronger laws has reduced ghastly crimes like rape. The rape cases in the US is much higher than in India, inspite of having better infrastructure for providing justice. Even the crime rate in India is less than that of Saudi Arabia, which has a sort of "Kangaroo Courts" to deliver one of the worst punishments. 
Hence, at this moment what is necessary is that the government of India should come up with some innovative solutions to reduce this menace, instead of going for brutal policies. Moreover, a section of the media in India has most of the time tried to create unnecessary frenzy and mass hysteria, in certain cases to maintain their TRPs. It is really  painful to see how a leading daily, named The Times of India carried, a front page article, on Sep 10, 2013, with the headline, "Burn them alive", which probably reminded all the sane individuals of medieval barbarity and wanton madness. The moot point is that "State Sponsored Murder" of the four persons will not bring the life of the person who is already dead. 
These kinds of ghastly and heart wrenching incidents do occur in the annuals of history, but at the same time what is to be understood is not to get carried away by emotions or do something, which does not conform in accordance to the basics of human rights and ethics. In a democracy though  decisions are taken based on the voice of majority but minority opinion should also be heard. What is to be remembered at this hour is that along with crime and punishment comes another two very vital words: repentance and pardon. Most of the established faiths of the world have given very importance to the last phrase.  Therefore, the learned Judge, should consider all these factors before pronouncing any judgement. 
Besides, in a civilized society, the argument of taking of life of another person, because of public outcry is neither, justifiable nor humane. Someone said long back: "Imperfect human beings deciding if other imperfect human beings should be executed by the state in the absence of self defense and heat of passion is itself cold blooded murder". Mistakes are committed by everybody and hence chance should be given to everyone to get reformed and create a a better society.  Looking for some quick fixes to solve a major problem, might not be the right kind of approach. 
Government should instead hook some great minds and ask them to go for a thorough research on the subject, to find out the most effective solution; to this burning problem. Remember, a huge number of convicts came from terrible upbringings. They had unhealthy home lives and were never taught how to act. With rehabilitation and proper guidance  any society can give them a second chance, to come back to the mainstream  Violence from any society needs to be reduced and that cannot be done, unless one type violence is made acceptable,  to give legs to "Retributive Justice System"]
New Delhi,  September 11, 2013: The quantum of sentence for the 4 accused in the Delhi gang rape case will be announced on Friday at 2:30 pm. The arguments carried on for over 2 hours with the defence lawyers trying their best to obtain a jail sentence after the prosecution made it clear that they will not settle for anything less than death penalties for all the 4 accused. The arguments for leniency bordered on some solid arguments to desperate pleas for mercy. Here are the top 10 arguments made by the defense team today 

1) Batla house accused got life; was let off due to politics, why death for these rape accused now?

2) Why Parliamentarians accused in dacoity, rape and murder are not tried by fast-track courts?

3) Poor get jailed as they can't hire good lawyers. Judge replied, "why say now after the trial"

4) Crime not pre-meditated and happened at the spur of the moment. Court should be lenient as the accused is very young 

5) Convict Vinay Sharma is a good student and has applied for the Air Force.He did not commit the crime

6) Akshay is responsible for his ill parents, wife and child. He should be shown mercy.

7) Convict Mukesh Singh's lawyer says, 'Yeh baade bhai (Ram singh who committed suicide) ke chakkar mein phans gaya" 

8) Invoking Mahatma Gandhi's name, lawyer A P Singh says "God gives life and he alone can take it and not man-made courts"

9) Life imprisonment is the rule and death penalty is an exception. 

10) Death is irreversible; purpose of justice is reform and reconciliation 

Courtesy: www.sify.com 

Tuesday, 10 September 2013

Father rapes minor daughter for a year, makes her pregnant
[Editor: See, how the media frames stories. It says, a father allegedly rapes his 15-year old daughter not for one, two or three days /  week, but for one year and makes her pregnant. The girl suddenly discovers that it is rape, accuses her father of the crime. This is really hilarious, unless The Times of India thinks all are fools and morons. Also, this is how Rape laws are misused. What to call these media people.........Huh!!]
BHOPAL, Aug 30, 2013: A father allegedly raped his 15-year old daughter for more than a year and made her pregnant, by threatening to axe her if she discloses discloses anything to anyone, in Guna district of Madhya Pradesh. 

Accused father was arrested on Thursday. 

The incident took place at Raipuria village under Mrigwas police out post of the district. 

Police arrested Bhanwarlal Lodha, for raping his daughter. 

Police said that the matter came to fore after the girl complained of stomach pain and was taken to hospital where the doctors found her pregnant. 

When quizzed by kin, the 15-year old victim informed her elder sister that she was raped by her father for more than a year and threatened that if she discloses it to anyone, she will be hacked to death,said sources. 

The elder sister then informed her maternal grandfather, who then took the victim to Mrigwas police out post under Kumbhraj police station to make the complaint. 

Subsequently police arrested Lodha on charges of rape. 

The exact duration of pregnancy is yet to be ascertained, said sources. 

Mother of the victim, died around a year ago, and after her death, the victim stayed alone with her father,as her elder sister was already married, sources said. 

The accused took advantage of the situation and raped her, added sources.

Delhi gangrapeAll four convicted for rape and murder
[Editor: Considering the age of the victims and this being their first major crime, their intoxicant state during the time of the crime and severe media pressure, this blog, humbly appeals to the hounourable court that it takes a little lenient view on the convicts; when pronouncing the quantum of sentence. India has always given importance to pardoning of people. Hope the learned judges will not pronounce Capital Punishment to those found guilty in the crime, in tune with the international standard of the abolition of Death Penalty. To stop a crime, the mentality of Indians need to be changed--only making laws too much strict will  not help. In fact this exercise makes, societies indifferent to pain and torture, which has long term serious (negative)consequences. Also, I would be happy if the honourable court asks the media not interfere with the court proceedings by moulding public opinion in a particular direction]
A fast-track court in Delhi has convicted four men - Vinay Sharma, Akshay Thakur, Pawan Gupta and Mukesh Singh - for the December 16, 2012 brutal gangrape and murder of a 23-year-old paramedical student in a private bus in the national capital. The arguments on the sentencing of the four convicts will take place on Wednesday and the maximum punishment they face is death. 

Six men were arrested for the heinous crime but one of the accused, Ram Singh, was found dead under mysterious circumstances in Tihar Jail and so the case against him was dropped while one was a minor who was tried by the Juvenile Justice Board. 

The minor was convicted and sent to three years in a correctional facility, the maximum term possible under the juvenile justice board.

The court has held Vinay Sharma, Akshay Thakur, Pawan Gupta and Mukesh Singh guilty of 12 offences including gangrape, unnatural offence, murder, dacoity, conspiracy, kidnapping and destruction of evidence in the 240-page order. The court convicted the four by relying heavily on the braveheart's dying declaration and forensic evidence. 

Additional Sessions Judge Yogesh Khanna, presiding the special fast track court, also convicted them for kidnapping or abducting with intent to secretly and wrongfully confining a person, abducting to subject a person to grievous hurt and slavery, abducting woman to cause her defilement, voluntarily causing hurt in committing robbery and dishonestly receiving property stolen in the commission of a dacoity of the IPC. The judge in his order said that the intention of the convicts was not just to rape but also kill the girl. As soon as the verdict was delivered, Pawan broke down while Vinay was in a state of shock. Mukesh was heard saying "that they would have to face the consequences for what they have done". The fourth convict Akshay seemed unaffected. 

While pronouncing the verdict, the judge said, even though the proceedings against accused Ram Singh (34), who was found dead in his prison cell after he committed suicide on March 11, were abated, "he is also convicted under same sections (gangrape, murder and other offences)". The court relied on the dying declaration of the victim, forensic evidence, including finger prints, dental models, DNA samples and other medical reports of the convicts, electronic evidence and the statements given by them to the police after their arrests. The judge also said that the presence of the convicts in the bus in which the crime was committed has been established through the location of their mobile networks. 

Before pronouncing the over 230-page judgement, the judge thanked the Delhi Police, the prosecution team and the defence counsel for bringing the case to its conclusion. 

The defence lawyer said they will challenge the order in a higher court. "We will challenge the decision in the higher court," defence lawyer AP Singh said. 

He claimed that the verdict is politically motivated. "This verdict is politically motivated for the interest of the people. We will have to go to High Court. This is not a fair trial," Singh said. 

One of the convict, Mukesh's lawyer said he should not be given strict punishment. "We will appeal to court that Mukesh has come to court in a fair manner and cooperated so the court should consider his case," his lawyer VK Anand said. 

The braveheart's family is satisfied with the verdict and is now looking forward to the sentencing. The family is demanding death for the four convicts. Reacting to the verdict, former IPS officer Kiran Bedi said, "The conviction was expected. What is awaited is the quantum of punishment. The severest punishment should be given." 

The brutal gangrape and assault in the heart of Delhi jolted the citizenry who came out in large numbers in different cities especially the national capital to protest against the extremely macabre crime. The protests continued for days even as the braveheart battled for life in a Delhi hospital where she also gave statements to the magistrate which later proved very crucial during the trial. 

The tragic incident took place on the evening of December 16, 2012 when the paramedical student along with her male friend was lured into the bus by six men who promised to take them to their destination. Once the duo was inside the bus, the six started to misbehave with the girl. As the girl and her friend protested, the gang brutally assaulted the boy and dragged the girl to the back of the bus and brutalised her. They not only raped her repeatedly but also beat her up brutally and thrust an iron rod inside her which resulted in grievous injuries. 

After committing the heinous crime, the girl and her friend were thrown out of the bus where the police found them in critical condition. The girl was admitted to Delhi's Safdarjung Hospital where the doctors were shocked to see her injuries. They said that they had never seen the kind of injuries in a case of sexual assault that the girl had suffered. 

Even as protests continued day and night in the biting cold in Delhi, crass comments by some politicians vitiated the environment. Massive protests continued for severakl days before the government finally woke up to the demand for stronger laws to deal with sexual crimes. Several people called for public hearing, punishment and even chemical castration for the rapists. 

While all these events were played out on the streets, the Delhi braveheart was slowly sinking. The government finally decided to shift her to the Singapore's Mount Elizabeth Hospital for specialised treatment. But the move was of not much help and the braveheart died on December 29. 

According to the prosecution the five major accused - Ram Singh, Vinay Sharma, Akshay Thakur, Pawan Gupta, Mukesh - along with the juvenile, who was tried by the Juvenile Justice Board, had allegedly gangraped the 23-year-old girl on a moving bus after luring her and her 28-year-old male friend. 

During the trial, Ram Singh was found dead in Tihar Jail on March 11 and court proceedings against him stand abated. The minor, who was 17-and-half years old at the time of the incident and turned 18 during the trial, was held guilty by the Juvenile Justice Board and sent to three years in a correctional home, the maximum term permissible under the Juvenile Justice Act. 

His sentence will include the period he has already spent in the remand home. He will spend just 2 years and 3 months at the correctional facility as he was been in a in remand for nine months. The gangrape victim's family, dissatisfied with the sentence, has said it will go to higher courts to demand greater punishment. "I am not satisfied with the sentencing. I have seen my sister die. She was brutalised by these men and she died a thousand times everyday. My entire family has been devastated. I cannot accept this sentencing," said the braveheart's brother. 

"I will appeal in the higher courts. I will not accept this judgement. This sentencing is not enough. My mother cried after the verdict," he added. 

"If this was the only sentence that was to be given, they could have given it earlier. We are not satisfied with it," said the braveheart's mother. 

"Before leaving she had said that she'll be back in two hours. I am still waiting for that moment. I still remember my child's face in Safdarjung hospital, how she laid lifeless there," the mother of the braveheart said. 

Today the family says its first priority is to ensure justice for their daughter. "We have faith in the judiciary. The accused should be hanged," the braveheart's father demanded. The Delhi braveheart's family now thanks the protestors who took to the streets for the courage to carry on their fight. "When people in the country stood by us, we became hopeful," the father said. 

(With additional information from PTI)

Courtesy: CNN IBN

Sunday, 8 September 2013

Top five women's sexual fantasies in 2013
A new book, Garden of Desires, explores the breadth of women's sexual fantasies today, some 40 years on after the publication of Nancy Friday's seminal work on the same topic: My Secret Garden. Dr Brooke Magnanti enjoys the update.
Emily Dubberley
While discussion of women and sex is never far from the headlines, what do we really know about female desire? What -as the famous question goes - does a woman want? A new book, conceived as an update to Nancy Friday's seminal My Secret Garden, seeks to probe that very question.

Garden of Desires, written by Emily Dubberley, explores the breadth of women's fantasies. It asks the question of what has changed since the 1970s when My Secret Garden was first published. Incorporating research into the origins of fantasies as well as extensive interviews with women, it lays bare the depth and breadth of women's sexual imagination.

At the time was My Secret Garden was published, people were surprised by the extent of women's fantasies. It may be hard to imagine now, but back in 1973 many people thought women didn't have sexual fantasies at all. In the same month as My Secret Garden’s release, Cosmo ran a feature with the opening line: “Women do not have sexual fantasies, period. Men do.”

Nancy Friday's book changed that tinting, and within a year Erica Jong's Fear of Flying (the book that spawned the wonderful phrase, a 'zipless f***') appeared. More importantly, the book wasn't simply a single splash, but rippled on and on as generation of women found to their surprise that other people had the same kinds of thoughts they did.

 Now, of course, we talk about sex much more openly… but has what we want changed as well? Dubberley's Garden of Desires is packed with in-depth interviews and polling of many of women and makes for interesting reading.

What are the top categories of fantasy? According to Dubberley's findings, there are five main areas where women's fantasies are concentrated. These she splits into submissive fantasies, dominant fantasies, exhibitionism and voyeurism, group sex, and partner fantasies.

Submissive fantasies cover a wide range of flavours from simply giving in to a dominant man, a la Scarlett O'Hara submitting to Rhett Butler, all the way to rape fantasies or even negotiated and formalised arrangements (such as suggested by the 'contract' in 50 Shades). Submission might be strict obeisance of orders, or more emotional than physical. Pushing the boundaries of kink and orientation also features strongly in this group of fantasies.

This is one area of fantasy where the discussion has seeped into more mainstream discussion - particularly questioning the extent to which 'the personal is political'. Is it a problem to be a feminist and have submissive fantasies? Does it reflect some kind of self hatred, or a desire to have someone else in charge?

In general, the evidence points towards 'no'. Rather, people might relish the idea of giving up control, but if faced with the exact situation in real life, might not want it at all. In many ways, being submissive in your fantasies is the ultimate control: when it's in your head, it can't ever go further than you want it to.

Dominant fantasies, by contrast, are ones in which the person fantasising is the one in charge: being in control of an erotic slave, perhaps, or simply calling the shots in bed. Cuckolding also falls into this realm, with women fantasising about cheating on their partners.

With research suggesting it's very popular, and almost a third of people report having these fantasies at some point, the (sometimes literal) ball-buster is a very popular role indeed.

It's a role that is popular with partners as well - as the many clients of professional dominatrices will attest - but in the realm of fantasy, the woman does not necessarily have to live up to the idealised notion of a dominatrix that is determined at least in part by the male gaze. She can be exactly as she wants to be, and that may or may not conform to the busty, PVC-clad type we've come to associate with dominating. This is a fantasy that centres mainly on the woman receiving pleasure, and she doesn't have to have chains and whips to hand in order to get it.

Exhibitionist and voyeuristic fantasies form the next major group: watching and being watched in the act of having sex. In his study of sexual fantasy, Who’s Been Sleeping in Your Head?, Brett Kahr found 19 per cent of people fantasise about being watched during sex; another five per cent fantasise about stripping in public.

The Garden of Desires respondents cover a wide range of voyeuristic fantasies, from having sex in the middle of a crowded nightclub, watching others have sex from a hidden spot, or engaging in sex acts while the neighbours watch. Would most of us do any of those things? Probably not - and it is this boundary that we rarely cross which adds to the excitement for many people.

Group sex fantasies often overlap with the preceding categories, or can have no dominant/submissive or exhibitionist aspects. For one respondent the idea of being 'very stimulated' - more things going on simultaneously than normally happens during sex - is part of the allure. For others it's the possibility of having sex with both a man and a woman at the same time, or the totally anonymous nature of some group sex acts.

Indeed, it's this fantasy that seems to most divide eroticism from emotion. People often believe that women must have an emotional connection in order to be turned on, but in group sex situations that may often not be the case. And the relative frequency of it as a fantasy (at about 15 per cent) suggests pleasure without partnership is a pretty common desire.

Partner fantasies make up the last large group: that is, sex with just one particular partner. In a lot of cases, this means your own actual partner.

Surprised? Mia More, editor of women’s erotica site Cliterati, which was founded by Dubberley, adds: “We receive many erotic stories featuring two strangers in all sorts of sexual situations, and it’s not unusual for the tale to end with a twist: the two people concerned are actually a very happy couple, and the experience explored was a mutual fantasy – it’s like a guaranteed happy ending.”

These fantasies also cover particular partners: otherwise 'normal' sex with David Bowie, for example, or some other imaginary mate.
-----------------------------------------------------------------------------------------------------------
Forty years on - what's changed?

So what has changed since 1973? Gender and sexual fluidity makes a strong appearance: people who are normally straight fantasising about gay sex, and vice versa; dressing up as or having the sex organs of another sex, and so on. With more awareness of differences in gender identification and sexual orientation hitting the mainstream, it's no surprise these are more prevalent now than they were 40 years ago.

And with more people watching erotica, things we've seen are also influencing women’s fantasies. This isn't exactly news since just about anything we watch, whether sexual or not, can be fodder for imaginative wanderings later. But explicit material being within reach of both sexes means that particular practices one sees only in porn get name-checks too.

What can we learn from reading about other people's fantasies? A lot - from accepting our own, to opening up new understanding of how sexual attraction can be both diverse and universal at the same time. As Dubberley notes in Garden of Desires: "Our fantasies reflect who we are, offering a highly individualised way to enhance our own pleasure. In accepting our own fantasies we accept ourselves; and in accepting other women’s fantasies, we support them in their individuality."

Courtesy: The Telegraph
If Indian men have the least sex, who has the most?
An Indian men’s magazine commissioned a global sex survey to see how Indian men stacked up against the rest of the world, but ended up discovering they had the least sex of all.
03 Sep 2013: The annual survey, conducted by Men’s Health, is by far the largest of its kind in the world, with 50,796 participants in 30 countries.

But the results showed that Indian men have sex, on average, less than once a week, the least of any nation surveyed.

And almost half (48 per cent) believe their partners regularly fake orgasm.

Indian men have, on average, just three notches on the bedpost, the lowest number in the survey.


Compare that to the males of Croatia, who had the most - an average of 11 partners each.

Croatians also had the most fun outdoors, doing it more often in pools, parks, fields and cars than any other nationality on earth.

But in a move that may surprise our European neighbours, British men and women both ranked as the kinkiest on the planet, perhaps in part due to the phenomenon of ‘mummy porn’. The record selling “50 Shades” series is written by London-based author E L James.

British women were also the most promiscuous, reeling in an average of nine partners each.

The magazine’s editorial director, Jamal Shaikh, said the poll was about providing more than data or trends.

He said: "We have tried to examine how men from different parts of the world are better than others in certain aspects of sex and relationships, and then tell you how to learn and improve."

Certainly, the rest of the world could take a lesson from the Dutch.

The Netherlands was the only country in the world where women were happy with the amount of foreplay on offer.

Although the survey claims men are more promiscuous than women, it seems they’ll need plenty of practice before next year.

Courtesy: The Telegraph

Thursday, 5 September 2013

Afghanistan: Indian author Sushmita Banerjee shot dead outside her house
[Editor: This is what Islam is all about. If anybody dares to violate, the Islamic diktats then this could be the logical conclusion. It is all lies when Mullahs/ Ulemas/ Moulavis  tries to show how Muhammadan cult could bring peace to the world and is the only solution. It is irony that more than 1 billion people still lives in illusion]
New Delhi: Indian author Sushmita Banerjee, who wrote a popular memoir about her dramatic escape from the Taliban, was on Thursday shot dead in Afghanistan.

Married to an Afghan businessman, Sushmita was killed outside her home. The book about her dramatic escape in 1995 became a best-seller in India and was made into a Bollywood film in 2003.
Sushmita's brother-in-law was also murdered few years back in Kolkata.
Sushmita had recently moved back to Afghanistan to live with her husband. Sushmita became well-known in India for her memoir, 'A Kabuliwala's Bengali Wife', which recounted her life in Afghanistan with her husband Jaanbaz Khan and her escape.

She was the subject of the 2003 Bollywood film, "Escape From Taliban". Starring actress Manisha Koirala, the film described itself as a "story of a woman who dares Taliban".

Courtesy: CNN IBN

Wednesday, 4 September 2013

The fight for UP
~~Sunita Aron and Harinder Baweja
September 01, 2013: A bunch of youngsters are playing cards under a majestic tree outside the impressive Irshad Hussain mosque in Rudauli town, that roughly lies between Ayodhya and Lucknow.

It had first come to the limelight when terrified Muslims had shifted their families from communally charged Ayodhya in the early 1990’s when the temple movement was at its peak.

Historically, Rudauli has been home to several sufi saints. Bollywood actor Naseeruddin Shah has often spoken of this town, his birth place with great pride.

It is also a town where Muslims and Hindus share the crowded space; where they have lived in harmony, untouched by the cataclysmic fault line that zig zagged its way through UP and other parts of the country after the demolition of the Babri Masjid in December 1992.

On Friday, August 22, 2013, there are few signs of tension.

On the surface, life is near normal even as trucks carrying paramilitary troops are moving on the highway to fortify Ayodhya and the six surrounding districts barely three days ahead of the Vishwa Hindu Parishad’s 84-kosi parikrama, aimed at resurrecting the emotive temple issue before the 2014 Lok Sabha elections.

Engrossed in their card game, the group of boys initially ignore queries on the VHP’s yatra. But their sarcasm is in full display the moment Gujarat chief minister Narendra Modi’s name is mentioned.

“Kaisa dar, kaun sa dar, jab dacoit ke haath mein hi chabi ho to kaun chori karega. Let him also rule this country and test his prowess. “Ask them for their names and the reply is both acerbic and swift, “I am a Muslim’ and ‘I am also a Muslim.’

Life is not near normal. Scratch the surface and you’ll find a new political reality taking birth.

There are no visible signs of Narendra Modi. He hasn’t made a trip to UP since the June announcement anointing him  head of the BJP’s campaign committee.

Posters too have not been put up but Modi is a subject of heated discussion across the state. It’s almost as if he is omnipresent. In UP’s Muslim-dominated areas Modi is giving cause to as much fear as there is excitement amongst the BJP’s followers.

The fear and the fervour are playing out in ground zero in multiple ways and a strong undercurrent between communities is taking root. The Muslims are talking more about  the riots that gripped Gujarat in 2002 than they are about the demolition.

And in an ultimate irony, BJP stalwart LK Advani — seen as the author of the Masjid’s demolition — has suddenly become a moderate in comparison to Modi, viewed as a man who allowed communal fires to rage under his stewardship in 2002.

Maulana Mohammad Khalid who runs a garment store in Kaiserganj sums it up saying, “In Islam one killing is a bigger sin than demolishing mosque. Muslims can never forget 2002.”

Muslim bodies have started holding meetings to discuss the Modi factor and in shared constituencies; especially villages, where Hindus and Muslims live together, tension has started to brew on a slow fire.
The VHP’s attempt to lead the yatra hasn’t helped and already in the last four weeks, five instances of communal flare-ups have been reported from villages not far from Ayodhya.

Mirazapur is one such village where members of both communities have broken bread for years but are now caught in a nerve-wracking ‘us’ versus ‘you’.

A temple and mosque lie side by side in the village but an innocuous attempt at renovating the temple led to a flare up.

BJP supporters are on adrenaline high and the party cadre, which has been in political wilderness for over a decade, is slowly waking from slumber.

As Ashish Verma said, “If Modi had not been in the fray, I would not have voted for the BJP.’’ Some relief for a party which was near decimated in the last Lok Sabha election.
The statistics tell the story — as many as 33 of the 71 candidates fielded failed to win even a sixth of the votes cast. But this time around, Brahmins —who formed part of Mayawati’s invincible Muslim-Brahmin combine — are veering towards the Modi-fied BJP.

Some amongst Mayawati’s supporters say, ‘Modi, who is Modi?’ but such voices are a slim minority.
But, drive through large parts of this caste-ridden state, where voters are assessed on the basis of communities and sub-communities and it is hard to miss the new emerging reality: the election could end up becoming Hindus versus Muslims.

The sensitivities of communities are visible and UP is witnessing heated exchanges. At Kaiserganj market, Sharad Pathak sums up the scene, “When Muslim are allergic to the BJP, where is the question of their support to Modi bhai. He alone can protect our Hindu identity.”

Two shops away is the garment store run by Maulana Mohammad Khalid and his son Mushahid Khan. Both are unanimous that their vote will go to the candidate who can ensure the defeat of ‘Modi’s BJP’.
Ask Mushahid why and he admits, “Modi ka khauf heh.’’ The 2002 riots taint, which Modi has not apologised for, has travelled far and taken root in the hearts of UP’s Muslims.

Sushil Kumar Srivastava overhearing the discussion at the shop quips, “ Amongst those killed in Gujarat riots 34 per cent were Hindus and 33 per cent Muslims.”

The writing is on the wall: a resurgent BJP is rewriting political and community equations. In Muslim dominated towns like Rudauli, in Faizabad and Kaiserganj in Bahraich the community is trying to find comfort in Advani’s invocation of Jinnah and term Modi a ‘terrorist’.

The Gujarat chief minister’s refusal to accept a skull cap while he sat on a three day ‘sadbhavna’ fast, has also become part of everyday discussion. So is the UP chief minister Akhilesh Yadav, who has started wearing a cap (even though it is red in colour) and his Samajwadi Party, their antidote to Modi?

The answer by no means is an overwhelming yes. Despite the open appeasement of the minorities by the ruling SP, Muslims are showing signs of disaffection.

If young bureaucrat Durga Nagpal Shakti was suspended over the controversial razing of a mosque wall as a goodwill gesture, then not many from the community have bought into it. Others still are getting increasingly despondent with the worsening law and order situation in UP and the blame is being laid squarely at the SP’s door.

Muslims do speak in terms of voting for the Congress if that is the only strategy to stall Modi’s political rise. As Maulana Khalid put it, “We will walk to the polling booth cursing the Congress but stamp the hand if that is the only way out.”

Clearly, UP’s electorate has started making its mental and social calculations. Mushahid Khan, the garment seller knows he has to. One of his best friends for many years has been a Hindu but in recent conversations, he has been told, “Be scared, Modi is coming.’’

Travel in any direction of UP, east or west, and many will tell you that a weakened BJP had helped improve relations between Hindus and Muslims after the madness that followed the Babri Masjid demolition had died down.

Peace had returned slowly but once again, after a long gap, neighbours are taunting each other. “Wait, Modi will come and fix you,’’ is the common refrain.

The same sentiment is echoed 60 kilometres away in Ayodhya. The unsavoury taunts are recreating the sharp divide that time had blurred. It has resurfaced also in the home of 92-year-old Mohammad Hashim Ansari, the litigant in the Ayodhya title suit is defiant.

Despite acute differences over the mandir-masjid issue, Hashmi spent shared evenings with the late Ramchand Paramhans, the torchbearer of the temple movement. But he admits, today is different.

Ask him why and he says, “Gujarat became a kabaristan for Muslims, do you want the same to happen in Ayodhya?” Listening in to the conversation is Asim Ansari, Hashmi’s grandson who joins in saying he is despondent too. Because his friends are now telling him, “The 1992 demolition was only a trailer.”

Life is not near normal. A new political reality is taking root.

Courtesy: Hindustan Times