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Wednesday, March 16, 2016

This attack on Nivedita Menon

The malicious campaign against the JNU professor is not about expressing dissent, but about bullying and intimidation. It creates a situation where the laws of the land are seen as irrelevant

A notable feature of the university protests that have rocked the nation in recent times is the prominent presence of women. Dalit research scholar Rohith Vemula’s mother Radhika was hounded by the media, and her personal life vilified in the attempt to prove that Rohith was not a Dalit. The faculty members from Jawaharlal Nehru University (JNU) who came to the Patiala House courts for JNU Students’ Union president Kanhaiya Kumar’s bail hearing and were attacked by irate ‘patriotic lawyers’ were mostly women. In Allahabad, the first woman president of the Allahabad University Students’ Union, Richa Singh, has faced physical intimidation from her political opponents who are now seeking other ways to oust her from the university. The latest in this series is JNU professor Nivedita Menon against whom a concerted campaign seems to have been launched, including media attacks and malicious police complaints.
One of the events that JNU teachers conducted in solidarity with students in the course of the campaign against JNU as a supposed den of anti-nationals was a series of lectures on nationalism. Professor Menon delivered a lecture in Hindi called “Nation, a daily plebiscite” in which she made the argument that the formation of one nation does not automatically end all nationalist aspirations. Drawing attention to histories of nation formation as crucial to understanding present-day conflicts, she also discussed Kashmir’s complicated history of accession to India.
These lectures are available on YouTube, and some days afterwards, a TV channel started a campaign, continuously playing video clips taken out of context (including a clip from a speech at a political event in 2014), calling Prof. Menon anti-national, and creating an atmosphere of threat, intimidation and incitement to mob violence. In addition, according to media reports, two police complaints have been filed against her in Delhi by organisations linked to the Bharatiya Janata Party, and a complaint lodged against her in a court in Kanpur. The complaints against her are, in effect, part of a right-wing offensive to lay claim to nationalism by attacking any mode of dissent as anti-national.
Does this mean that men are ‘patriots’ and women ‘dissenters’? Any such claim is immediately demolished, of course, by the powerful presence of militant right-wing women like Uma Bharti and generations of ‘sadhvis’ known for their incendiary demagoguery, from Rithambhara to Prachi. So there are plenty of women ‘patriots’. The real distinction is that it is those women who lay claim to the legacy of feminism who are being singled out as ‘dissenters’. Why is this happening? Why are feminist scholars like Prof. Menon being targeted? What exactly is Indian feminism and what are the forms of dissent that feminists in India have adopted? How have feminists become leaders in the present struggles over democracy in India and why is this being perceived as dangerous?
Feminism in India

First and foremost, feminism in India, going back to the nineteenth century, has never had the luxury to simply be about women. This is because the struggles over women’s wrongs and rights in the Indian context have always been tied to larger issues — to the histories of colonialism and nationalism before Independence; to the meanings of development after 1947; and to the conflicts over democracy today. Feminists have been demonstrating how the hierarchies of gender in India are intertwined with those of caste; how the promises of national development remained unfulfilled for the vast majority of women; and how families have often turned into sites of the worst violence against their very own women.
Second, we as feminists have had to learn over and over again that our movements can only grow if we do not claim immunity from our own tools of critique and dissent. Some of the fiercest debates witnessed in the Indian women’s movement have therefore been internal ones, addressed to each other. Prominent examples of such debates include those over a uniform civil code; over the need and direction for reserved seats for women in Parliament and legislatures; and over how best to combat the scourge of female foeticide.
It is therefore particularly shameful, but also revealing, that sections of the electronic media and countless vicious trolls on social media have tried to instil fear by singling out Prof. Menon among other teachers as an alleged ‘anti-national’. Anyone who is even remotely familiar with her writings should know better. Prof. Menon has drawn from prior scholarship (both in India and abroad) to lay out why, in fact, simple universal theories of women’s subordination will not work in contexts like India. By tracing the effects of colonial rule and the many responses to it, she has demonstrated how both community rights and individual rights have played themselves out in our history, and continue to have a massive impact on women’s equality and freedom to this very day. Some of her finest work takes issue with other feminists in offering a dissenting interpretation of the problems women face. Will a blanket demand for one-third reservation of seats actually be the best strategy for the women’s movement, or should we ‘call the bluff’ of those who demanded a sub-quota? Equally provocatively, might the sheer demand to combat sexual violence against women rebound against the basic freedom from violence that the women’s movement seeks to protect? Such examples could be multiplied. Lest anyone be misled, these are all feminist arguments that work through a form of dissent that simultaneously upholds feminist ways of seeing and feminist forms of struggle.
Does this mean that everything that a scholar like Prof. Menon writes or believes should demand our assent? Not at all. I cannot think of anyone who is more open to disagreement and welcoming of constructive dissent, and who, in fact, encourages this attitude from students and colleagues alike.
An undemocratic mindset 

That is precisely why we are outraged not by the fact that people disagree with Prof. Menon or want to question her views, but by the mode in which they are choosing to do so. The malicious campaign we have witnessed in recent days is not about expressing dissent; it is about bullying and intimidation. It reveals a deeply undemocratic mindset that offers no arguments of its own, but tries to capture public attention by repeated, sensationalised attacks that work by twisting statements and taking them out of their context. What is truly worrisome is that it does not just stop at this; this campaign goes far beyond the limits of public debate to make opponents fear for their lives by whipping up a frenzy and creating a situation where the laws of the land are seen as irrelevant. These are acts of cowardice, not bravery, least of all acts of heroism in the service of Mother India.
Such campaigns are also revealing because they inadvertently recognise the transformational potential of feminism in India today. For feminism believes that genuine gender equality can only come about where fundamental freedoms are guaranteed for all, and where no other forms of oppression can flourish. This is the legacy that feminists in India have been striving for so long to bring to fruition, and which is therefore perceived as being so dangerous. This is also the tradition that Prof. Menon has embodied with integrity and force. And if there are those who would attack such a feminism, they should at least have the courage to attack us all.
(Mary E. John is with the Centre for Women’s Development Studies, Delhi. E-mail: maryejohn1@gmail.com)

Terrorism and communal violence must carry same stigma and punishment

Three men have been marched to the gallows in recent years in India. All three were convicted of terror crimes. By contrast, I cannot recall a single person awarded the death penalty for communal violence since Independence.
Yakub Memon, convicted for complicity in the 1993 Bombay terror blasts, spent 21 years in prison without a day’s parole before his hanging. Maya Kodnani, convicted for being what the trial court described as the ‘kingpin’ in the 2002 massacre in Naroda Patiya which left 97 people dead — including 35 women and 36 children who were burnt alive, stabbed and dismembered — was awarded imprisonment for life. But she was granted three months’ bail in November 2013 for medical treatment, and the Gujarat High Court confirmed her bail for ill-health from July 2014, which continues until the time of writing.
In both popular, social common sense and the ways in which the laws are designed and implemented in India, there is an implied hierarchy of crimes, in which gravest crimes are seen to be those connected with terror and violence, meriting harsh laws, criminal procedures that severely curtail human rights of the accused, and stricter penalties including death. However, communal violence is akin to terror crimes because it is also driven by hate ideologies and target innocent populations with death and destruction. It is remarkable that these do not carry the same censure and disgrace as terror crimes, both in popular morality and in the framing and implementation of the law.
This hierarchy of crimes was accepted in the Law Commission report, chaired by progressive Justice AP Shah, which recommended the abolition of the death penalty in all crimes except terror-related ones and waging war against the State. This same idea — that crimes of terror fall into a different category from other crimes, including those that target people for their religious and caste identities — is the rationale for special terror laws in India (as in many parts of the world). These laws dilute accepted standards of human rights protection of the accused. They permit statements before police officials as evidence admissible in courts, ignoring that such statements may have been coercively obtained by torture. They delay the period for communicating charges and submitting charge-sheets, and discourage bail.
There are some who argue that these human costs are regrettable but inevitable when the country battles the ever-looming perils of terror attacks; the costs of possible injustice to a small number are morally acceptable to protect the majority from terror violence. This is a deeply problematic position because justice is indivisible and injustice to some cannot result in authentic justice for the many. However, even in a practical sense, officially sanctioned and effected injustice can only breed fear and discontent that would further imperil the social order.
Remarkably, the same arguments are not applied to communal hate crimes. We have studied the aftermath of many communal massacres since Independence, and what binds them all is the pattern that few, if any, are punished for these crimes. This is the outcome of the communal bias or apathy of all arms of the criminal justice system: The police, prosecution, and courts; and the political, social and economic powerlessness of the victims of communal crimes. Among the survivors of these crimes — many of whom fight epic and hopeless battles for justice like the widows of the 1984 Sikh massacre or the survivors of the 2002 Gujarat massacre — there is little popular outrage that these crimes go unpunished. Unlike for terror crimes, there is no demand for special laws and procedures to ensure different standards of gathering evidence, issuing bail and punishment for those who commit hate crimes against persons of a particular religion or caste. We wish to see those responsible for the 1993 Mumbai blasts hang, but we are indifferent when those named guilty by the judicial commission for the Mumbai communal killings in 1992-93 continue to walk free.
I am neither making a case for death penalty for perpetrators of communal violence, nor for the dilution of their basic human rights. What I am arguing is that both popular stigma and the imperative of law should apply equally to those who are alleged to participate in terror crimes as those who are charged with hate crimes targeting persons for their religious or caste identity. The selectivity of or popular outrage and the application of the majesty of the legal system reveals a very troubling underlying majoritarian bias in society and law. A majority of those charged with terror crimes are religious minorities. While a majority of those charged with communal crimes are from the majority Hindu community, its victims are mostly religious minorities.
If law and social outrage apply so differently when the minority is charged with hate crimes from when they are the paramount victims of mass hate crimes, then the promises of a secular Constitution — of equal treatment of all before the law — stands exposed, in tatters.
Harsh Mander is convener, Aman Biradari
Source: Hindustan Times, 16-03-2016
 Selflessness is Love


Selfless action is the outward expression of selfless love.When the heart is filled with love, it expresses itself in the form of unselfish action. One is a deep inner feeling and the other its outward manifestation. Without deep, unconditional love, selfless actions cannot be performed.In the initial stages of our awakening, the actions we perform in the name of selflessness are not selfless, because the love we feel for ourselves is present in everything we do and say . In fact, at the beginning of our journey , our selflove becomes the driving force for each of our actions, even if we choose to call them selfless.Love for the ego, or oneself, is the predominant feeling in every human being. Unless this feeling recedes, real selflessness will not emerge.
Alertness is necessary to prevent the ego from interfering.It is easier to be in love with the ego than feel truly inspired by the ideal of selflessness.
Generally , the selflessness we speak of is actually selfish, because everything stems from the ego. Nothing can be selfless unless it springs directly from the heart, from our true Self.That is why sages have said you should know your own Self before you can love and serve others selflessly . You have to be free of the mind to be selfless.
By helping others, we are, in fact, helping ourselves. On the other hand, we harm ourselves by being selfish. Whenever you perform a good or bad action, it is reflected in the Universal Consciousness. Therefore, learn to be selfless and proffer blessings on one and all.
Environment 4th of behind 1 global deaths'
BLOOMBERG


The lead in the water in Flint, Michigan, is a devastating reminder of how closely human health is intertwined with the environment. While the Flint crisis may be an egregious example of cruelty and neglect, the damaging consequences of a broken environment are all around us, a new tally by the World Health Organization shows.Nearly a quarter of all sed by environmental risks like polluted air, dirty water, hazardous workplaces and dangerous roads, according to the WHO report. The global health authority estimates that 12.6 million deaths in 2012, or about 23% of the total, were attributable to such factors. The burden is greatest on the poor and the youngest. Mortality from environmental risks is highest in sub-Saharan Africa and lowand middle-income countries in Asia.
The risks disproportionately affect children “because of their innate vulnerability ,“ said Frederica Perera, director of Columbia Center for Children's Environmental Health.
The WHO report-which doesn't count risks such as smoking and diet-focuses on environmental risks that are the product of the societal decisions that shape the world we live in. “Some of these are well known, such as unsafe drinking water and sanitation,“ the report says.
To get to those numbers, the WHO examined studies on risks for more than 100 types of diseases and injuries.

Source: Times of India, 16-03-2016

Tuesday, March 15, 2016

Interest of child comes first: SC

T PUTS IN PLACE SAFEGUARDS AGAINST TRAFFICKING OF CHILDREN IN THE NAME OF ADOPTION: BENCH

Noting that the interests should be kept “first and foremost” during adoption, the Supreme Court on Monday directed the Centre and the States to frame regulations under the Juvenile Justice (Care and Protection) Act, 2015 to implement the new guidelines for in-country and inter-country adoption to make the process transparent, friendly and fool-proof.
“Whether it is in-country or inter-country adoption, the interest of the child should be supreme. There should be no compromise whatsoever,” Chief Justice of India T.S. Thakur, who headed a three-judge Bench, told the Centre.
The new juvenile law defines “adoption” as the process through which the adopted child is permanently separated from his biological parents and becomes the lawful child of his adoptive parents with all the rights, privileges and responsibilities that are attached to a biological child. Section 2 of the 2015 Act mandates that adoption regulations should be framed by the authority notified for the purpose by the Centre.
Terming the new law and its guidelines “comprehensive” and in line with the U.N. Convention on the Rights of the Child of 1989, the Supreme Court said it “puts in place safeguards against trafficking of children in the name of adoption.”
The government, represented by both Additional Solicitor-Generals Tushar Mehta and Pinky Anand, said the new Act brings adoption under the subject “care and protection of children” and “totally allays the fears of trafficking of children linked to inter-country adoption by making it transparent.”
However, the court said several steps were yet to be taken to effectuate the implementation in the States.
“We prodded you to make this law just like the Vishaka guidelines. This was Parliament’s function and not ours ... but nevertheless you have done it now,” Chief Justice Thakur said.
When Ms. Anand responded that the issue of adoption was “emotional” and problems all hard to confine in a statute, Chief Justice Thakur said that was all the more reason to codify it in law so that nobody took undue advantage of persons wanting a child. The court asked the government’s statistics on child adoption.
To this, Ms. Anand replied that in 2007, there were 1,560 in-country adoptions and 770 inter-country adoptions. In 2011, there were 5,964 in-country adoptions and 589 inter-country adoptions. In 2014-15, there were 3,988 in-country adoptions and 374 inter-country ones.
Disposing of the PIL filed by NGO Advait Foundation in 2012 highlighting the trafficking of children in the cover of adoption, the Bench, however, refused the NGO’s plea for an omnibus CBI probe into such rackets in the past in various parts of the country.
“Bring specific instances of adoption rackets, we will order for CBI investigation. You cannot ask for an omnibus CBI probe into all adoption issues,” Chief Justice Thakur said.

Why marital rape must be a crime

The question whether marital rape should be treated as a criminal offence has once again arisen after Union Minister for Women and Child Development Maneka Gandhi repeated the government’s stand in a written reply in Parliament. She said, “The concept of marital rape as understood internationally cannot be suitably applied in the Indian context due to various factors like level of education/illiteracy, poverty, myriad social customs and values, religious beliefs [and the] mindset of the society to treat the marriage as a sacrament.” This controversial formulation must be familiar to those calling for marital rape to be criminalised and those opposing it on the ground that it would ruin the institution of marriage. The argument that there is too little education and too many customs and beliefs in Indian society is often held up to stall legal reforms. The principal objection to the criminalisation of rape within a subsisting marriage is rooted in western tradition too. It originates in the common law principle of marriage as ‘coverture’, the idea that the woman is always under the husband’s protection and authority. In England, Matthew Hale’s 1736 dictum that a man can never be guilty of raping his lawful wife, “for by their mutual matrimonial consent and contract, the wife hath given herself up in this kind unto her husband which she cannot retract”, has been abandoned in progressive jurisdictions.
The Justice J.S. Verma committee, which recommended sweeping changes in the law relating to offences against women, called for marital rape to be made an offence. This was not implemented. The present Indian law exempts non-consensual sex between a husband and wife, not being less than 15 years of age, from being charged with rape. However, by another provision it makes rape of a wife who is living separately a criminal offence. The age limit of 15 years above which marital rape is not an offence is inherently problematic, as normally sex with a girl up to the age of 18 is an offence regardless of consent. The exemption given to marital rape, as Justice Verma noted, “stems from a long out-dated notion of marriage which regarded wives as no more than the property of their husbands”. Marital rape ought to be a crime and not a concept. Of course, there will be objections such as a perceived threat to the integrity of the marital union and the possibility of misuse of the penal provisions. It is not really true that the private or domestic domain has always been outside the purview of law. The law against domestic violence already covers both physical and sexual abuse as grounds for the legal system to intervene. It is difficult to argue that a complaint of marital rape will ruin a marriage, while a complaint of domestic violence against a spouse will not. It has long been time to jettison the notion of ‘implied consent’ in marriage. The law must uphold the bodily autonomy of all women, irrespective of their marital status.
Overcome All Fear


Fear being a problem of the mind, is unlikely to be allayed by physical solutions. So, it is better to identify the cause of fear and then overcome it by reasoning. Being a perfectionist, I wanted things to be in order. Whenever I found things were not in perfect order, I became distressed. This anxiety increased to such a great extent during my childhood that I wrote a poem that said, “Life seems to me to be a dreadful dream.“ I have read and thought a lot about this subject.According to the law of nature, man has to live with contradictions. The world is not perfect. Once I realised this, I developed a realistic approach to life. Becoming aware that `Maturity is the ability to live with things we cannot change,' I was able to rationalise the issue and live tension-free. The solution is not external; it has to be managed in the mind.
If you can become aware that fear is imaginary and not real, your mind will be rid of fear.Fear is apparently a negative experience, but there is a positive aspect to it. Fear stimulates intellectual activity , which leads to creative thinking. In this sense, fear has an important role to play in our lives.
Fear keeps one's mind alive.Without fear, one risks descending into a state of intellectual stagnation. We have, therefore, only one option before us, and that is, to control our minds so that we may regard fear as a positive rather than as a negative phenomenon.