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Re: [Arkitect India] The battle against forgetting-Gujarat 2002(Must Read)

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  • Pankaj Jain
    The following plea for not forgetting the event of 2002 is very well stated, but by the same logic, should we accept to not forget the following, and keep on
    Message 1 of 5 , Feb 29, 2012
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      The following plea for not forgetting the event of 2002 is very well stated, but by the same logic, should we accept to not forget the following, and keep on seeking retribution-justice-compensation for each, and celebrate anniversary of each?  
       
      (i) Mumbai Riots of 1991 and its reactions that has also killed around 1000 people by now.
      (ii) Anti-Sikh Riots of Delhi, that killed more than 3000
      (iii) Displacement of many thousands Pandits from Kashmir in late 1980-1990s.
      (iv) Scores of major communal riots in Bihar, UP, & Assam, after independence. 
      (v) Communal Riots of independence that resulted in the killing of possibly more than 500,000/-.
      (vi)  Demolition of religious places in the last 700 years, and resulting communal conflicts
      (vii) Destruction of Somnath temple by Mehmud Gaznavi
      etc. etc.

      Farah Naqvi ji should have also addressed why should we forget and leave behind some events, but not some others. Also, what should do we do by not leaving all these behind, besides celebrating the anniversary of each. I am afraid, 365 days in a year would not be enough.

      We need to consider why pursuing these issues in the court is not adequate?

      Also, how long would the views of 'self appointed  fact finding panels' be considered more valid than court certified findings?  

      To me, the only sane and logical way appears to be to let the court deal with each of these, otherwise it simply becomes political posturing. 

      Pankaj
       

      --- On Tue, 2/28/12, soheb lokhandwala <mpjmedia@...> wrote:

      From: soheb lokhandwala <mpjmedia@...>
      Subject: [Arkitect India] The battle against forgetting-Gujarat 2002(Must Read)
      To: arkitectindia@yahoogroups.com, peace-mumbai@..., "citizen-mumbai" <citizen-mumbai@...>
      Date: Tuesday, February 28, 2012, 12:12 PM

       

      If we accept Gujarat 2002 as something ‘in the past,' as some would like us to, we threaten the meaning of our present, and endanger our future:-Farah Naqvi

      Dateline: Shah-e-Alam Relief Camp, Ahmedabad, March 27, 2002:
      Among the human debris scattered around the courtyard of the Shah-e-Alam relief camp in Ahmedabad, the largest with over 10,000 survivors, are Saira (age 12), Afsana (age 11), Naina (age 12), Anju (age 12), Rukhsat (age 9), Nilofer (age 10), Nilofer (age 9), Hena (age 11). They are all survivors from Naroda Patiya. And they have seen things no child should see. They know words no child should have to learn.

      “Balatkar” (Rape) — they know this word. “Mein bataoon didi?” (Shall I tell you?), volunteers a nine year old. “Balatkar ka matlab jab aurat ko nanga karte hain aur phir use jala dete hain” (Rape is when a woman is stripped naked and then burnt). And then she looks fixedly at the floor. Only a child can tell it like it is. For this is what happened again and again in Naroda Patiya — women were stripped, raped and burnt.” (The Survivors Speak, fact-finding by a women's panel, April 16, 2002. P. 13)

      Nothing was left of these mutilated women — no bodies, no evidence, no justice. Nothing but the scars on this little girl's mind. I still remember her face, and today 10 years later, I wonder where she is, how she is making her way through life, scarred by this macabre, twisted image of rape. I wonder where those men are, the ones who butchered so many childhoods and got away with it. I wonder, again and again, at the State, whose constitutional duty it was to protect, that colluded in the massacre of its own citizens.
      Remains a wound

      Ten years to the pogrom in Gujarat, I try to look back. But for me, like for thousands of survivors and activists, it is impossible. How does one look back at something that is so much a part of one's present? And so, Gujarat remains a wound that stays with me always, deep and continuous. I cried often in 2002. I still cry. And I guess that is all right. Because Gujarat should make us collectively weep. And make us truly ashamed of ourselves as a nation.

      What happened 10 years ago is the kind of upheaval that refuses to be historicised. That cannot be consigned to the pages of any history book with a full stop at the end. In part because the violence of Gujarat continued for long after February-March 2002, and is continuing today in the frightened little lives lived by scores of destroyed Muslim families; in the lives of thousands of men, women and children still languishing in ‘resettlement colonies' relegated to the margins of Gujarat's seemingly flourishing towns and cities. In part, because many battles for justice are still being bravely waged in the courts, and the narrative is still unfolding. But in greatest part because the ‘meaning' of what Gujarat did to India remains contested.

      People say — “move on, get a life, why do activists keep raking up this ‘unpleasant' past? It's been 10 years.” Why? Because if we settle for the past as some would like it scripted, we threaten the meaning of our present, and endanger our future. These contestations are not just about many battles in courtrooms that must be waged. The contestation is about the meaning of citizenship. It is about the relationship between citizen and State. It is about challenging State impunity. Gujarat is the battle for collective memory against forgetting because it is ultimately the battle for the idea of India.

      In 1950, India made a constitutional promise to protect the rights of its minorities to live with dignity and with full rights of citizenship. Time and again, that sacred promise has been violated — in Delhi, Nellie, Meerut, Bhagalpur, Hashimpura, Kandhamal, Gujarat and most recently in Gopalgarh (Sept. 2011). In each case, innocents were murdered, maimed, sexually assaulted, burnt out of hearth and home, scattered to the winds, simply because of their minority identity, because of who they were. In each episode of targeted violence, the officers of the State acted in a biased manner, failing in their duty to protect, to prosecute, and to give justice. How long can this go on? How long will those in political power use the might of the State, the guns, and the police, and sirens against one group of citizens and get away with it? Institutional biases of the State machinery cannot be acceptable in any civilised democracy — that is the lesson of Gujarat.
      The challenges

      The massacre in Gujarat poses many challenges to us as a nation, exposing holes in our hearts, in our social fabric, as well as in our criminal justice system, laws and jurisprudence. Now we cannot legislate against communal prejudice and hatred in the hearts and minds of people. That is a battle that we as a society and a people must wage in a million different ways at a million different moments in our collective and individual lives. But we can and we must legislate to ensure justice to the weak.
      Elusive justice

      Unlike any other violent episode in India's recent history, Gujarat 2002 tested the strength and resilience of many of our democratic institutions to the fullest. The National Human Rights Commission, the honourable Supreme Court, and the National Commission for Minorities. Each came forward and acted. And yet somehow, that thing called justice still eludes the victims of Gujarat. These victims and survivors call upon us to restore equality in the working of the law for all citizens; to create a legal remedy for institutional bias by the State; to fill the lacunae in our laws and our jurisprudence that has failed time and again to ensure criminal culpability for those in command, those who are never caught with the knives in their hands, but who instruct others to lie, and kill and misuse the law for electoral gain. These are not very tall orders. For, if we get this right it will help realise, better than we have so far, the constitutional promise of justice and equality before law. And without justice, we cannot move on.
      A survivor's courage

      On January 18, 2008, Bilkis Bano, a Gujarat survivor who had the courage to speak of the unspeakable, withstanding over 20 days of gruelling cross-examination, found a little justice, when 12 accused who had gang-raped her, murdered and raped 14 members of her family, and smashed her three-year-old daughter to the ground during the horrifying days of 2002, were finally awarded life sentences by a Mumbai Session court. 

      On January 21, 2008, at a press conference in Delhi, Bilkis made this statement:

      “For the last six years I have lived in fear, shuttling from one temporary home to the other, carrying my children with me, trying to protect them from the hatred that I know still exists in the hearts and minds of so many people. This judgment does not mean the end of hatred but it does mean that somewhere, somehow justice can prevail. This judgment is a victory for not only me but for all those innocent Muslims who were massacred and all those women whose bodies were violated only because, like me, they were Muslim. It is a victory because now, hereafter, no one can deny what happened to women in Gujarat in those terrible days and nights of 2002. Because now it will forever be imprinted on the historical record of Gujarat that sexual violence was used as a weapon against us. I pray that the people of Gujarat will some day be unable to live with the stigma of that violence and hatred, and will root it out from the very soil of a State that still remains my home.”

      We give up on the battle for justice in Gujarat at our own peril. For in giving up on Gujarat, we give up on hope for a better India — an India that is by right home to each one of us.  http://www.thehindu.com/opinion/lead/article2939309.ece?homepage=true#comments

      (Farah Naqvi  The author is a member of the National Advisory Council.)
    • rakesh ganguli
      Dear Mr.Jain I don t see Farah ji s article exhorting readers, whoever they might be, to forget any of the previous massacres or has engaged in a comparative
      Message 2 of 5 , Mar 1, 2012
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        Dear Mr.Jain
         
        I don't see Farah ji's article exhorting readers, whoever they might be, to 'forget' any of the previous massacres or has engaged in a comparative analysis of which one of them merits greater attention, sympathy, empathy, response, etc. and only 'remember' the carnage in Godhra or accord any more importance to it than some of the incidents you mention yourself.
         
        Secondly, a good democracy is as much about a participatory and vibrant civil society as much as a fair and responsive judiciary, so fail to understand your regressive views about civil society initiatives as 'self-appointed fact-finding' etc. etc.
         
        Thirdly, I don't think anything in this country should stop you from taking up a cause individually or as a collective. You are free to take up the cause of the destruction of the Somnath Temple by Mehmood Gazhnavi yourself and celebrate its anniversary if that is what you feel deeply passionate about.
         
         
        Rakesh
         
         
        On 29 February 2012 18:54, Pankaj Jain <pjain2002@...> wrote:
         

        The following plea for not forgetting the event of 2002 is very well stated, but by the same logic, should we accept to not forget the following, and keep on seeking retribution-justice-compensation for each, and celebrate anniversary of each?  
         
        (i) Mumbai Riots of 1991 and its reactions that has also killed around 1000 people by now.
        (ii) Anti-Sikh Riots of Delhi, that killed more than 3000
        (iii) Displacement of many thousands Pandits from Kashmir in late 1980-1990s.
        (iv) Scores of major communal riots in Bihar, UP, & Assam, after independence. 
        (v) Communal Riots of independence that resulted in the killing of possibly more than 500,000/-.
        (vi)  Demolition of religious places in the last 700 years, and resulting communal conflicts
        (vii) Destruction of Somnath temple by Mehmud Gaznavi
        etc. etc.

        Farah Naqvi ji should have also addressed why should we forget and leave behind some events, but not some others. Also, what should do we do by not leaving all these behind, besides celebrating the anniversary of each. I am afraid, 365 days in a year would not be enough.

        We need to consider why pursuing these issues in the court is not adequate?

        Also, how long would the views of 'self appointed  fact finding panels' be considered more valid than court certified findings?  

        To me, the only sane and logical way appears to be to let the court deal with each of these, otherwise it simply becomes political posturing. 

        Pankaj
         

        --- On Tue, 2/28/12, soheb lokhandwala <mpjmedia@...> wrote:

        From: soheb lokhandwala <mpjmedia@...>
        Subject: [Arkitect India] The battle against forgetting-Gujarat 2002(Must Read)
        To: arkitectindia@yahoogroups.com, peace-mumbai@..., "citizen-mumbai" <citizen-mumbai@...>
        Date: Tuesday, February 28, 2012, 12:12 PM


         

        If we accept Gujarat 2002 as something ‘in the past,' as some would like us to, we threaten the meaning of our present, and endanger our future:-Farah Naqvi

        Dateline: Shah-e-Alam Relief Camp, Ahmedabad, March 27, 2002:
        Among the human debris scattered around the courtyard of the Shah-e-Alam relief camp in Ahmedabad, the largest with over 10,000 survivors, are Saira (age 12), Afsana (age 11), Naina (age 12), Anju (age 12), Rukhsat (age 9), Nilofer (age 10), Nilofer (age 9), Hena (age 11). They are all survivors from Naroda Patiya. And they have seen things no child should see. They know words no child should have to learn.

        “Balatkar” (Rape) — they know this word. “Mein bataoon didi?” (Shall I tell you?), volunteers a nine year old. “Balatkar ka matlab jab aurat ko nanga karte hain aur phir use jala dete hain” (Rape is when a woman is stripped naked and then burnt). And then she looks fixedly at the floor. Only a child can tell it like it is. For this is what happened again and again in Naroda Patiya — women were stripped, raped and burnt.” (The Survivors Speak, fact-finding by a women's panel, April 16, 2002. P. 13)

        Nothing was left of these mutilated women — no bodies, no evidence, no justice. Nothing but the scars on this little girl's mind. I still remember her face, and today 10 years later, I wonder where she is, how she is making her way through life, scarred by this macabre, twisted image of rape. I wonder where those men are, the ones who butchered so many childhoods and got away with it. I wonder, again and again, at the State, whose constitutional duty it was to protect, that colluded in the massacre of its own citizens.
        Remains a wound

        Ten years to the pogrom in Gujarat, I try to look back. But for me, like for thousands of survivors and activists, it is impossible. How does one look back at something that is so much a part of one's present? And so, Gujarat remains a wound that stays with me always, deep and continuous. I cried often in 2002. I still cry. And I guess that is all right. Because Gujarat should make us collectively weep. And make us truly ashamed of ourselves as a nation.

        What happened 10 years ago is the kind of upheaval that refuses to be historicised. That cannot be consigned to the pages of any history book with a full stop at the end. In part because the violence of Gujarat continued for long after February-March 2002, and is continuing today in the frightened little lives lived by scores of destroyed Muslim families; in the lives of thousands of men, women and children still languishing in ‘resettlement colonies' relegated to the margins of Gujarat's seemingly flourishing towns and cities. In part, because many battles for justice are still being bravely waged in the courts, and the narrative is still unfolding. But in greatest part because the ‘meaning' of what Gujarat did to India remains contested.

        People say — “move on, get a life, why do activists keep raking up this ‘unpleasant' past? It's been 10 years.” Why? Because if we settle for the past as some would like it scripted, we threaten the meaning of our present, and endanger our future. These contestations are not just about many battles in courtrooms that must be waged. The contestation is about the meaning of citizenship. It is about the relationship between citizen and State. It is about challenging State impunity. Gujarat is the battle for collective memory against forgetting because it is ultimately the battle for the idea of India.

        In 1950, India made a constitutional promise to protect the rights of its minorities to live with dignity and with full rights of citizenship. Time and again, that sacred promise has been violated — in Delhi, Nellie, Meerut, Bhagalpur, Hashimpura, Kandhamal, Gujarat and most recently in Gopalgarh (Sept. 2011). In each case, innocents were murdered, maimed, sexually assaulted, burnt out of hearth and home, scattered to the winds, simply because of their minority identity, because of who they were. In each episode of targeted violence, the officers of the State acted in a biased manner, failing in their duty to protect, to prosecute, and to give justice. How long can this go on? How long will those in political power use the might of the State, the guns, and the police, and sirens against one group of citizens and get away with it? Institutional biases of the State machinery cannot be acceptable in any civilised democracy — that is the lesson of Gujarat.
        The challenges

        The massacre in Gujarat poses many challenges to us as a nation, exposing holes in our hearts, in our social fabric, as well as in our criminal justice system, laws and jurisprudence. Now we cannot legislate against communal prejudice and hatred in the hearts and minds of people. That is a battle that we as a society and a people must wage in a million different ways at a million different moments in our collective and individual lives. But we can and we must legislate to ensure justice to the weak.
        Elusive justice

        Unlike any other violent episode in India's recent history, Gujarat 2002 tested the strength and resilience of many of our democratic institutions to the fullest. The National Human Rights Commission, the honourable Supreme Court, and the National Commission for Minorities. Each came forward and acted. And yet somehow, that thing called justice still eludes the victims of Gujarat. These victims and survivors call upon us to restore equality in the working of the law for all citizens; to create a legal remedy for institutional bias by the State; to fill the lacunae in our laws and our jurisprudence that has failed time and again to ensure criminal culpability for those in command, those who are never caught with the knives in their hands, but who instruct others to lie, and kill and misuse the law for electoral gain. These are not very tall orders. For, if we get this right it will help realise, better than we have so far, the constitutional promise of justice and equality before law. And without justice, we cannot move on.
        A survivor's courage

        On January 18, 2008, Bilkis Bano, a Gujarat survivor who had the courage to speak of the unspeakable, withstanding over 20 days of gruelling cross-examination, found a little justice, when 12 accused who had gang-raped her, murdered and raped 14 members of her family, and smashed her three-year-old daughter to the ground during the horrifying days of 2002, were finally awarded life sentences by a Mumbai Session court. 

        On January 21, 2008, at a press conference in Delhi, Bilkis made this statement:

        “For the last six years I have lived in fear, shuttling from one temporary home to the other, carrying my children with me, trying to protect them from the hatred that I know still exists in the hearts and minds of so many people. This judgment does not mean the end of hatred but it does mean that somewhere, somehow justice can prevail. This judgment is a victory for not only me but for all those innocent Muslims who were massacred and all those women whose bodies were violated only because, like me, they were Muslim. It is a victory because now, hereafter, no one can deny what happened to women in Gujarat in those terrible days and nights of 2002. Because now it will forever be imprinted on the historical record of Gujarat that sexual violence was used as a weapon against us. I pray that the people of Gujarat will some day be unable to live with the stigma of that violence and hatred, and will root it out from the very soil of a State that still remains my home.”

        We give up on the battle for justice in Gujarat at our own peril. For in giving up on Gujarat, we give up on hope for a better India — an India that is by right home to each one of us.  http://www.thehindu.com/opinion/lead/article2939309.ece?homepage=true#comments

        (Farah Naqvi  The author is a member of the National Advisory Council.)


      • Pankaj Jain
        Dear Rakesh ji,   The mention of Somnath temple was not to suggest that it ought to become an active issue, but only to suggest that the list of grievances
        Message 3 of 5 , Mar 2, 2012
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          Dear Rakesh ji,
           
          The mention of Somnath temple was not to suggest that it ought to become an active issue, but only to suggest that the list of grievances goes back a long way, so we need to put certain things behind us at a certain point of time.
           
          As far as giving proportionate-equal thoughts to all similar instances is concened, well you know it is a fact that in the last 50 years, only Gujarat riots have been the subject of such a persistent media or civil society scrutiny, even though objectively speaking, the size of carnage, in terms of the death of less than 1000, in these was not higher than most/many others mentioned by me in the illustrative list.   
           
          No problem in recognizing that what happened hudreds of years earlier need not affect today's action/ thought un-necessarily, but what about the events less than 100 year old, or we should artificially keep the cut off at ten years. But that could make Gujarat ineligible for such discussions, by now.
           
          Why only certain kind of views of members of civil society are to be considered regressive, and do you have a better suggestion for dealing with opposing/ competing views within civil society, other than reliance on relatively dispasionate reliance of court scrutiny-endorsement of such views.
           
          Any way, the comments on these forums are mainly the triggers for introspection, not a call for action or for settling debates.
           
          Warms.
           
          Pankaj
           
          --- On Fri, 3/2/12, rakesh ganguli <rakesh.ganguli@...> wrote:

          From: rakesh ganguli <rakesh.ganguli@...>
          Subject: Re: [Arkitect India] The battle against forgetting-Gujarat 2002(Must Read)
          To: arkitectindia@yahoogroups.com
          Date: Friday, March 2, 2012, 11:26 AM

           
          Dear Mr. Jain
           
          I don't see Farah ji's article exhorting readers, whoever they might be, to 'forget' any of the previous massacres or has engaged in a comparative analysis of which one of them merits greater attention, sympathy, empathy, response, etc. and only 'remember' the carnage in Godhra or accord any more importance to it than some of the incidents you mention yourself.
           
          Secondly, a good democracy is as much about a participatory and vibrant civil society as much as a fair and responsive judiciary, so fail to understand your regressive views about civil society initiatives as 'self-appointed fact-finding' etc. etc.
           
          Thirdly, I don't think anything in this country should stop you from taking up a cause individually or as a collective. You are free to take up the cause of the destruction of the Somnath Temple by Mehmood Gazhnavi yourself and celebrate its anniversary if that is what you feel deeply passionate about.
           
           
          Rakesh
           
           
          On 29 February 2012 18:54, Pankaj Jain <pjain2002@...> wrote:
           
          The following plea for not forgetting the event of 2002 is very well stated, but by the same logic, should we accept to not forget the following, and keep on seeking retribution-justice-compensation for each, and celebrate anniversary of each?  
           
          (i) Mumbai Riots of 1991 and its reactions that has also killed around 1000 people by now.
          (ii) Anti-Sikh Riots of Delhi, that killed more than 3000
          (iii) Displacement of many thousands Pandits from Kashmir in late 1980-1990s.
          (iv) Scores of major communal riots in Bihar, UP, & Assam, after independence. 
          (v) Communal Riots of independence that resulted in the killing of possibly more than 500,000/-.
          (vi)  Demolition of religious places in the last 700 years, and resulting communal conflicts
          (vii) Destruction of Somnath temple by Mehmud Gaznavi
          etc. etc.

          Farah Naqvi ji should have also addressed why should we forget and leave behind some events, but not some others. Also, what should do we do by not leaving all these behind, besides celebrating the anniversary of each. I am afraid, 365 days in a year would not be enough.

          We need to consider why pursuing these issues in the court is not adequate?

          Also, how long would the views of 'self appointed  fact finding panels' be considered more valid than court certified findings?  

          To me, the only sane and logical way appears to be to let the court deal with each of these, otherwise it simply becomes political posturing. 

          Pankaj
           

          --- On Tue, 2/28/12, soheb lokhandwala <mpjmedia@...> wrote:

          From: soheb lokhandwala <mpjmedia@...>
          Subject: [Arkitect India] The battle against forgetting-Gujarat 2002(Must Read)
          To: arkitectindia@yahoogroups.com, peace-mumbai@..., "citizen-mumbai" <citizen-mumbai@...>
          Date: Tuesday, February 28, 2012, 12:12 PM


           
          If we accept Gujarat 2002 as something ‘in the past,' as some would like us to, we threaten the meaning of our present, and endanger our future:-Farah Naqvi

          Dateline: Shah-e-Alam Relief Camp, Ahmedabad, March 27, 2002:
          Among the human debris scattered around the courtyard of the Shah-e-Alam relief camp in Ahmedabad, the largest with over 10,000 survivors, are Saira (age 12), Afsana (age 11), Naina (age 12), Anju (age 12), Rukhsat (age 9), Nilofer (age 10), Nilofer (age 9), Hena (age 11). They are all survivors from Naroda Patiya. And they have seen things no child should see. They know words no child should have to learn.

          “Balatkar” (Rape) — they know this word. “Mein bataoon didi?” (Shall I tell you?), volunteers a nine year old. “Balatkar ka matlab jab aurat ko nanga karte hain aur phir use jala dete hain” (Rape is when a woman is stripped naked and then burnt). And then she looks fixedly at the floor. Only a child can tell it like it is. For this is what happened again and again in Naroda Patiya — women were stripped, raped and burnt.” (The Survivors Speak, fact-finding by a women's panel, April 16, 2002. P. 13)

          Nothing was left of these mutilated women — no bodies, no evidence, no justice. Nothing but the scars on this little girl's mind. I still remember her face, and today 10 years later, I wonder where she is, how she is making her way through life, scarred by this macabre, twisted image of rape. I wonder where those men are, the ones who butchered so many childhoods and got away with it. I wonder, again and again, at the State, whose constitutional duty it was to protect, that colluded in the massacre of its own citizens.
          Remains a wound

          Ten years to the pogrom in Gujarat, I try to look back. But for me, like for thousands of survivors and activists, it is impossible. How does one look back at something that is so much a part of one's present? And so, Gujarat remains a wound that stays with me always, deep and continuous. I cried often in 2002. I still cry. And I guess that is all right. Because Gujarat should make us collectively weep. And make us truly ashamed of ourselves as a nation.

          What happened 10 years ago is the kind of upheaval that refuses to be historicised. That cannot be consigned to the pages of any history book with a full stop at the end. In part because the violence of Gujarat continued for long after February-March 2002, and is continuing today in the frightened little lives lived by scores of destroyed Muslim families; in the lives of thousands of men, women and children still languishing in ‘resettlement colonies' relegated to the margins of Gujarat's seemingly flourishing towns and cities. In part, because many battles for justice are still being bravely waged in the courts, and the narrative is still unfolding. But in greatest part because the ‘meaning' of what Gujarat did to India remains contested.

          People say — “move on, get a life, why do activists keep raking up this ‘unpleasant' past? It's been 10 years.” Why? Because if we settle for the past as some would like it scripted, we threaten the meaning of our present, and endanger our future. These contestations are not just about many battles in courtrooms that must be waged. The contestation is about the meaning of citizenship. It is about the relationship between citizen and State. It is about challenging State impunity. Gujarat is the battle for collective memory against forgetting because it is ultimately the battle for the idea of India.

          In 1950, India made a constitutional promise to protect the rights of its minorities to live with dignity and with full rights of citizenship. Time and again, that sacred promise has been violated — in Delhi, Nellie, Meerut, Bhagalpur, Hashimpura, Kandhamal, Gujarat and most recently in Gopalgarh (Sept. 2011). In each case, innocents were murdered, maimed, sexually assaulted, burnt out of hearth and home, scattered to the winds, simply because of their minority identity, because of who they were. In each episode of targeted violence, the officers of the State acted in a biased manner, failing in their duty to protect, to prosecute, and to give justice. How long can this go on? How long will those in political power use the might of the State, the guns, and the police, and sirens against one group of citizens and get away with it? Institutional biases of the State machinery cannot be acceptable in any civilised democracy — that is the lesson of Gujarat.
          The challenges

          The massacre in Gujarat poses many challenges to us as a nation, exposing holes in our hearts, in our social fabric, as well as in our criminal justice system, laws and jurisprudence. Now we cannot legislate against communal prejudice and hatred in the hearts and minds of people. That is a battle that we as a society and a people must wage in a million different ways at a million different moments in our collective and individual lives. But we can and we must legislate to ensure justice to the weak.
          Elusive justice

          Unlike any other violent episode in India's recent history, Gujarat 2002 tested the strength and resilience of many of our democratic institutions to the fullest. The National Human Rights Commission, the honourable Supreme Court, and the National Commission for Minorities. Each came forward and acted. And yet somehow, that thing called justice still eludes the victims of Gujarat. These victims and survivors call upon us to restore equality in the working of the law for all citizens; to create a legal remedy for institutional bias by the State; to fill the lacunae in our laws and our jurisprudence that has failed time and again to ensure criminal culpability for those in command, those who are never caught with the knives in their hands, but who instruct others to lie, and kill and misuse the law for electoral gain. These are not very tall orders. For, if we get this right it will help realise, better than we have so far, the constitutional promise of justice and equality before law. And without justice, we cannot move on.
          A survivor's courage

          On January 18, 2008, Bilkis Bano, a Gujarat survivor who had the courage to speak of the unspeakable, withstanding over 20 days of gruelling cross-examination, found a little justice, when 12 accused who had gang-raped her, murdered and raped 14 members of her family, and smashed her three-year-old daughter to the ground during the horrifying days of 2002, were finally awarded life sentences by a Mumbai Session court. 

          On January 21, 2008, at a press conference in Delhi, Bilkis made this statement:

          “For the last six years I have lived in fear, shuttling from one temporary home to the other, carrying my children with me, trying to protect them from the hatred that I know still exists in the hearts and minds of so many people. This judgment does not mean the end of hatred but it does mean that somewhere, somehow justice can prevail. This judgment is a victory for not only me but for all those innocent Muslims who were massacred and all those women whose bodies were violated only because, like me, they were Muslim. It is a victory because now, hereafter, no one can deny what happened to women in Gujarat in those terrible days and nights of 2002. Because now it will forever be imprinted on the historical record of Gujarat that sexual violence was used as a weapon against us. I pray that the people of Gujarat will some day be unable to live with the stigma of that violence and hatred, and will root it out from the very soil of a State that still remains my home.”

          We give up on the battle for justice in Gujarat at our own peril. For in giving up on Gujarat, we give up on hope for a better India — an India that is by right home to each one of us.  http://www.thehindu.com/opinion/lead/article2939309.ece?homepage=true#comments

          (Farah Naqvi  The author is a member of the National Advisory Council.)

        • shamsnooralam@yahoo.com
          Very rightly said Mr.Rakesh. Mr.Jain, Why should one talk about history of 700 years back. And you are absolutely free to highlight what you have seen or
          Message 4 of 5 , Mar 2, 2012
          • 0 Attachment
            Very rightly said Mr.Rakesh.

            Mr.Jain,
            Why should one talk about history of 700 years back.
            And you are absolutely free to highlight what you have seen or witnessed.Why should one talk about Gazni and other incidents when we were not present. We were not present at those times. Let's try to be more sensible and if you really want you can highlight about plight of kashmiri pandits,anti sikh riots,communal rights in Bihar, UP, Assam,demolition of babri masjid so on so forth.

            Regards
            Shams
            Enviado pelo meu aparelho BlackBerry® da Vivo

            From: rakesh ganguli <rakesh.ganguli@...>
            Sender: arkitectindia@yahoogroups.com
            Date: Fri, 2 Mar 2012 11:26:48 +0530
            To: <arkitectindia@yahoogroups.com>
            ReplyTo: arkitectindia@yahoogroups.com
            Subject: Re: [Arkitect India] The battle against forgetting-Gujarat 2002(Must Read)

             

            Dear Mr.Jain
             
            I don't see Farah ji's article exhorting readers, whoever they might be, to 'forget' any of the previous massacres or has engaged in a comparative analysis of which one of them merits greater attention, sympathy, empathy, response, etc. and only 'remember' the carnage in Godhra or accord any more importance to it than some of the incidents you mention yourself.
             
            Secondly, a good democracy is as much about a participatory and vibrant civil society as much as a fair and responsive judiciary, so fail to understand your regressive views about civil society initiatives as 'self-appointed fact-finding' etc. etc.
             
            Thirdly, I don't think anything in this country should stop you from taking up a cause individually or as a collective. You are free to take up the cause of the destruction of the Somnath Temple by Mehmood Gazhnavi yourself and celebrate its anniversary if that is what you feel deeply passionate about.
             
             
            Rakesh
             
             
            On 29 February 2012 18:54, Pankaj Jain <pjain2002@...> wrote:
             

            The following plea for not forgetting the event of 2002 is very well stated, but by the same logic, should we accept to not forget the following, and keep on seeking retribution-justice-compensation for each, and celebrate anniversary of each?  
             
            (i) Mumbai Riots of 1991 and its reactions that has also killed around 1000 people by now.
            (ii) Anti-Sikh Riots of Delhi, that killed more than 3000
            (iii) Displacement of many thousands Pandits from Kashmir in late 1980-1990s.
            (iv) Scores of major communal riots in Bihar, UP, & Assam, after independence. 
            (v) Communal Riots of independence that resulted in the killing of possibly more than 500,000/-.
            (vi)  Demolition of religious places in the last 700 years, and resulting communal conflicts
            (vii) Destruction of Somnath temple by Mehmud Gaznavi
            etc. etc.

            Farah Naqvi ji should have also addressed why should we forget and leave behind some events, but not some others. Also, what should do we do by not leaving all these behind, besides celebrating the anniversary of each. I am afraid, 365 days in a year would not be enough.

            We need to consider why pursuing these issues in the court is not adequate?

            Also, how long would the views of 'self appointed  fact finding panels' be considered more valid than court certified findings?  

            To me, the only sane and logical way appears to be to let the court deal with each of these, otherwise it simply becomes political posturing. 

            Pankaj
             

            --- On Tue, 2/28/12, soheb lokhandwala <mpjmedia@...> wrote:

            From: soheb lokhandwala <mpjmedia@...>
            Subject: [Arkitect India] The battle against forgetting-Gujarat 2002(Must Read)
            To: arkitectindia@yahoogroups.com, peace-mumbai@..., "citizen-mumbai" <citizen-mumbai@...>
            Date: Tuesday, February 28, 2012, 12:12 PM


             

            If we accept Gujarat 2002 as something ‘in the past,' as some would like us to, we threaten the meaning of our present, and endanger our future:-Farah Naqvi

            Dateline: Shah-e-Alam Relief Camp, Ahmedabad, March 27, 2002:
            Among the human debris scattered around the courtyard of the Shah-e-Alam relief camp in Ahmedabad, the largest with over 10,000 survivors, are Saira (age 12), Afsana (age 11), Naina (age 12), Anju (age 12), Rukhsat (age 9), Nilofer (age 10), Nilofer (age 9), Hena (age 11). They are all survivors from Naroda Patiya. And they have seen things no child should see. They know words no child should have to learn.

            “Balatkar” (Rape) — they know this word. “Mein bataoon didi?” (Shall I tell you?), volunteers a nine year old. “Balatkar ka matlab jab aurat ko nanga karte hain aur phir use jala dete hain” (Rape is when a woman is stripped naked and then burnt). And then she looks fixedly at the floor. Only a child can tell it like it is. For this is what happened again and again in Naroda Patiya — women were stripped, raped and burnt.” (The Survivors Speak, fact-finding by a women's panel, April 16, 2002. P. 13)

            Nothing was left of these mutilated women — no bodies, no evidence, no justice. Nothing but the scars on this little girl's mind. I still remember her face, and today 10 years later, I wonder where she is, how she is making her way through life, scarred by this macabre, twisted image of rape. I wonder where those men are, the ones who butchered so many childhoods and got away with it. I wonder, again and again, at the State, whose constitutional duty it was to protect, that colluded in the massacre of its own citizens.
            Remains a wound

            Ten years to the pogrom in Gujarat, I try to look back. But for me, like for thousands of survivors and activists, it is impossible. How does one look back at something that is so much a part of one's present? And so, Gujarat remains a wound that stays with me always, deep and continuous. I cried often in 2002. I still cry. And I guess that is all right. Because Gujarat should make us collectively weep. And make us truly ashamed of ourselves as a nation.

            What happened 10 years ago is the kind of upheaval that refuses to be historicised. That cannot be consigned to the pages of any history book with a full stop at the end. In part because the violence of Gujarat continued for long after February-March 2002, and is continuing today in the frightened little lives lived by scores of destroyed Muslim families; in the lives of thousands of men, women and children still languishing in ‘resettlement colonies' relegated to the margins of Gujarat's seemingly flourishing towns and cities. In part, because many battles for justice are still being bravely waged in the courts, and the narrative is still unfolding. But in greatest part because the ‘meaning' of what Gujarat did to India remains contested.

            People say — “move on, get a life, why do activists keep raking up this ‘unpleasant' past? It's been 10 years.” Why? Because if we settle for the past as some would like it scripted, we threaten the meaning of our present, and endanger our future. These contestations are not just about many battles in courtrooms that must be waged. The contestation is about the meaning of citizenship. It is about the relationship between citizen and State. It is about challenging State impunity. Gujarat is the battle for collective memory against forgetting because it is ultimately the battle for the idea of India.

            In 1950, India made a constitutional promise to protect the rights of its minorities to live with dignity and with full rights of citizenship. Time and again, that sacred promise has been violated — in Delhi, Nellie, Meerut, Bhagalpur, Hashimpura, Kandhamal, Gujarat and most recently in Gopalgarh (Sept. 2011). In each case, innocents were murdered, maimed, sexually assaulted, burnt out of hearth and home, scattered to the winds, simply because of their minority identity, because of who they were. In each episode of targeted violence, the officers of the State acted in a biased manner, failing in their duty to protect, to prosecute, and to give justice. How long can this go on? How long will those in political power use the might of the State, the guns, and the police, and sirens against one group of citizens and get away with it? Institutional biases of the State machinery cannot be acceptable in any civilised democracy — that is the lesson of Gujarat.
            The challenges

            The massacre in Gujarat poses many challenges to us as a nation, exposing holes in our hearts, in our social fabric, as well as in our criminal justice system, laws and jurisprudence. Now we cannot legislate against communal prejudice and hatred in the hearts and minds of people. That is a battle that we as a society and a people must wage in a million different ways at a million different moments in our collective and individual lives. But we can and we must legislate to ensure justice to the weak.
            Elusive justice

            Unlike any other violent episode in India's recent history, Gujarat 2002 tested the strength and resilience of many of our democratic institutions to the fullest. The National Human Rights Commission, the honourable Supreme Court, and the National Commission for Minorities. Each came forward and acted. And yet somehow, that thing called justice still eludes the victims of Gujarat. These victims and survivors call upon us to restore equality in the working of the law for all citizens; to create a legal remedy for institutional bias by the State; to fill the lacunae in our laws and our jurisprudence that has failed time and again to ensure criminal culpability for those in command, those who are never caught with the knives in their hands, but who instruct others to lie, and kill and misuse the law for electoral gain. These are not very tall orders. For, if we get this right it will help realise, better than we have so far, the constitutional promise of justice and equality before law. And without justice, we cannot move on.
            A survivor's courage

            On January 18, 2008, Bilkis Bano, a Gujarat survivor who had the courage to speak of the unspeakable, withstanding over 20 days of gruelling cross-examination, found a little justice, when 12 accused who had gang-raped her, murdered and raped 14 members of her family, and smashed her three-year-old daughter to the ground during the horrifying days of 2002, were finally awarded life sentences by a Mumbai Session court. 

            On January 21, 2008, at a press conference in Delhi, Bilkis made this statement:

            “For the last six years I have lived in fear, shuttling from one temporary home to the other, carrying my children with me, trying to protect them from the hatred that I know still exists in the hearts and minds of so many people. This judgment does not mean the end of hatred but it does mean that somewhere, somehow justice can prevail. This judgment is a victory for not only me but for all those innocent Muslims who were massacred and all those women whose bodies were violated only because, like me, they were Muslim. It is a victory because now, hereafter, no one can deny what happened to women in Gujarat in those terrible days and nights of 2002. Because now it will forever be imprinted on the historical record of Gujarat that sexual violence was used as a weapon against us. I pray that the people of Gujarat will some day be unable to live with the stigma of that violence and hatred, and will root it out from the very soil of a State that still remains my home.”

            We give up on the battle for justice in Gujarat at our own peril. For in giving up on Gujarat, we give up on hope for a better India — an India that is by right home to each one of us.  http://www.thehindu.com/opinion/lead/article2939309.ece?homepage=true#comments

            (Farah Naqvi  The author is a member of the National Advisory Council.)


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