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You are here: Home / Archives for Nasheman

Shouldn't have gone ahead with the rally, says Kejriwal

April 24, 2015 by Nasheman

Arvind Kejriwal

New Delhi/Jaipur: Admitting his “mistake” of going ahead with his speech at the rally where a farmer from Rajasthan committed suicide, Delhi Chief Minister Arvind Kejriwal today tendered an apology, which was “rejected” by the family of the deceased, who demanded a CBI probe into the incident.

“I was to deliver an hour-long speech but I wrapped it up in 10-15 mins. I think that was my mistake. Probably I should not have spoken. If that has hurt anynone’s sentiments I would like to apologise,” an under-fire Kejriwal said.

He, however, insisted that the focus should not deviate from the “real” issues being faced by the farmers.

“I am guilty. Blame me. I feel the rally should have been called off. But please focus on the real issue of the farmers and desist from politicking. Whoever is guilty hang him but the focus of the debate should be on why the farmers are committing suicide,” Kejriwal told a news channel.

Still bitter, the family of Gajendra Singh, 41, who ended his life by hanging from a tree at an AAP rally on Wednesday, refused to accept Kejriwal’s apology.

“What will happen now after this apology? My brother has died. Kejriwal did not stop the rally for even two minutes after the incident,” the farmer’s sister Rekha told reporters at his native Nangal Jhamarwada village in Dausa district of Rajasthan.

Backing the conspiracy theory behind her brother’s tragic death, she said, “He might have been provoked… some conspiracy may be behind this.”

Union Home Minister Rajnath Singh had yesterday said AAP supporters “clapped and raised slogans” as Singh stood atop a tree with a towel fashioned as noose tied around his neck. The Delhi police’s FIR too alleged they “instigated” the farmer to commit suicide and thwarted their attempts to save him.

Gajendra’s uncle, Gopal Singh, the village Sarpanch, demanded a CBI probe into the incident.

“We have doubts about this incident and demand a CBI inquiry in the case. We have asked (state) minister Rajendra Rathore to take up this matter with Union Home Minister Rajnath Singh,” Gopal Singh told PTI.

Referring to the turf war between Delhi police and his government over a parallel magisterial probe, Kejriwal said he was prepared to file his statement to the police, if needed.

The Delhi police had yesterday claimed a magistrate had no jurisdiction to investigate the case already being probed by the police. District Magistrate Sanjay Kumar had, however, said it was incumbent upon the police to cooperate in the inquiry as CrPC provided for the police informing the nearest executive magistrate in case of a suicide who will then hold a parallel probe.

“District Magistrate has the jurisdiction to investigate under the CrPC and the police does criminal investigation based on FIR…if police calls me I will go to file my statement,” Kejriwal said, striking a conciliatory note.

The Delhi Chief Minister also softened his party’s stand that the police personnel at the rally venue were mute spectators to the tragic incident and made no efforts to save Singh.

“We should not say that all policemen are bad. Should not indulge in blame game. I believe if police had the slightest inkling they would have tried to save him. They must have genuinely thought nothing of that sort was taking place,” he said.

The incident, Kejriwal said, caused him to lose sleep. “I am saying this happened in front of the Delhi CM. I couldn’t sleep the whole night,” he said.

Meanwhile, Rajasthan health minister Rajendra Rathore handed over a cheque for Rs 4 lakh to the family on the behalf of BJP.

Gajendra’s uncle told journalists that the family has demanded the status of a ‘Shaheed’ (martyr) for him and sought the scheme for providing relief to distressed farmers to be named after him.

The family also discussed with the state minister arrangements for providing good education to Gajendra’s children and a government job to one of his family members. Gopal Singh said the minister assured the distraught family that he would take up the issue with Rajasthan Chief Minister Vasundhara Raje. Gajendra is survived by his wife and three children.

 (PTI)

Filed Under: India Tagged With: Aam Aadmi Party, AAP, Arvind Kejriwal, Delhi, Farmer Suicide, Rajasthan

Misuse of social media with photos of children comes to light

April 23, 2015 by Nasheman

social-media

Thiruvananthapuram: Police are probing a case of misuse of social media after a complaint was registered with them against a Facebook page which had photographs of children with ‘vulgar and sexually explicit’ comments on it, a Cyber Cell official said today.

Following the complaint last month, police informed Facebook authorities and the profile page pointed out by the complainant was removed. It was also found that the user ID was located in Saudi Arabia, the senior official said.

A couple who noticed the Facebook page, lodged a complaint with the Cyber Cell on March 24 after discovering photographs of children from various profiles were being uploaded with ‘vulgar and sexually explicit comments’, and that they were also ‘liked’ by some people, according to the complaint.

Police said they are investigating the matter.

According to the complainants, finding the pictures of underaged children and the disgusting comments were shocking as it could be misused by child porn pages. The comments were both in English and Malayalam and had sexual undertones.

‘We decided to file the complaint with screen shots of the page,’ they said.

(PTI)

Filed Under: India Tagged With: Abuse, Children, Kerala, Social Media

Cow slaughter ban for scientific animal husbandry or for cultural nationalist state?

April 23, 2015 by Nasheman

REUTERS/Shailesh Andrade

REUTERS/Shailesh Andrade

by Irfan Engineer

In the previous articles we saw that the campaign by the Hindu nationalist organizations for cow protection is merely instrumental to achieve their political objective, establish cultural hegemony of the upper caste and declare the hierarchical and feudal culture privileging the upper caste as the national culture. The amendments passed by the Maharashtra Assembly in 1995 to the Maharashtra Animal Preservation Act, 1976, and which received Presidential assent in 2015 (hereafter referred to as “the 2015 Act”), too are not to protect the cow and its progeny despite the stated objectives couched language of scientific organization of agriculture and animal husbandry. The political objective of the 2015 Act is instrumental – to impose the hegemony of upper caste culture and empower extremist, anarchic and fringe Hindu nationalist groups to intimidate the marginalized sections, in particular, the Muslims on one hand, and to construct a hegemonic and authoritarian culture monitoring state.

While the 1976 Animal preservation Act, as amended in 1988 prohibited only cow (including male and female calves) slaughter, with Section 4 providing, “Notwithstanding anything contained in any other law for the time being in force or any usage or custom to the contrary, no person shall slaughter cause to be slaughtered or offer for slaughter any cow, in any place in the State of Maharashtra” and provided for punishment which may extend to six months with or without fine upto Rs.1,000/-. The other provisions of the 1976 Act provided for regulation of slaughter of scheduled animal by appointing competent authority.

The 2015 Act transforms a democratic constitutional state into an authoritarian cultural state with immense powers and a machinery to peep into the kitchens, refrigerator and dining tables of the citizens of the country. To include bulls and bullocks along with the cow in the animals that cannot be slaughtered is only a side objective. What has been missed is that the 2015 Act is as draconian as say the UAPA or TADA or POTA and the recent GujCOCA. The 2015 Act will encourage the vigilante actions of the fringe and mainstream Hindu nationalist organizations in stopping vehicles transporting cattle (not necessarily for slaughter), wherein either the owner/deliverer/seller of the cattle or receiver/buyer of the consignment of the cattle or the driver or the owner of the vehicle is a Muslim. The vigilante group, mostly consisting of 4-6 men, then pull out the driver if he is a Muslim, demand the documents, tear them into pieces, loot the cattle (even if not cow or progeny), beat up the Muslim driver, call the police, get a false case registered and the vehicle confiscated and finally get the media to cover that Muslims were taking cow to slaughter house. This writer was told about such cases in Gujarat, Rajasthan, MP and Maharashtra by the victims of the vigilante action. The vigilante action increases around Eid-uz-Zuha (bakri Eid). That is how media regularly “reports” which feeds into the stereo-typical relation between Muslims and cow slaughter. The 2015 Act will encourage this vigilantism.

The state and the holy cow:

The state relies on Article 48 of the Constitution of India in support of the 2015 Act. Article 48 is in Part IV of Constitution which is on Directive Principles of State Policy and non-justiciable. Art. 48 states – “The State shall endeavour to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds and prohibiting the slaughter of cows and calves and other milch and draught cattle.” The state submitted to the Bombay High Court that it brought in the 2015 Act to protect the cow and its progeny due to their many benefits like milk, dung and urine in making pest repellents and medicinal products. (Thomas, 2015) However, despite the claim of the state, there are no credible studies and research to back its claim. As far as use of bullock as draught animal is concerned, and milk and dung are cited as useful product, then, on that ground slaughter of most mammals should be banned, including buffaloes, goats, horses, camels, etc. Reliance is placed on ancient Vedic texts. Even the Report of the National Commission on Cattle heavily quotes from Vedic texts and Smrities to “prove” that cow is a useful animal (Justice Lodha, 2015)! It is very difficult, if not impossible, to justify ban cow slaughter without bringing in religious traditions followed by the upper-caste elite.

If the only objective of the 2015 Act is to preserve the cattle wealth of Maharashtra for its milk, dung and urine products, and utility of bullocks as a draught animal, why penalize even possession of meat of cow and progeny imported from outside the state (Sec. 5D)? Surely importing meat from outside Maharashtra does not deplete the cattle wealth or the milk, dung and urine within Maharashtra! On the other hand, why the export of cow and its progeny outside Maharashtra should be permitted for all other purposes except for slaughter (sec. 5A)? Whether the cow and its progeny are exported for slaughter or for any other purpose, Maharashtra would lose its cattle wealth along with its milk, dung and urine.

The objective of the 2015 Act goes beyond preservation of cow, its progeny and the milk, dung and urine. The real objective of the 2015 Act is to become an instrument of oppression in the hands of police and the executive objective. Consider some of provisions of the Act, e.g., sections 5A, 5B, and 5C of the 2015 Act which outlaws transportation of cow and progeny for purpose of slaughter, trading cow and progeny for the purpose of slaughter and being in possession of flesh of cow, bull or bullock. After outlawing the aforesaid activities, the 2015 Act authorizes any police officer not below the rank of sub-inspector, or any person authorized in this behalf by the State Government to enter, stop and search or authorize any person to enter, stop and search any vehicle used or even intended to be used for the export of cow and progeny; seize or authorize seizure of cow and progeny in respect of which it is suspected that they are in contravention of Sec. 5A, 5B or 5C; and in order to effect search and seizure operations, can even break open any premises as per Sec. 100 of the Criminal Procedure Code. The vigilante groups functioning illegally but with impunity could now be legally authorized by a compliant police officer. As the police officer can effect seizure or authorize seizure of even those cows and progeny which were intended to be sold or purchased or transported for slaughter. The allegation of “intention” can be freely made but is difficult to defend.

The quantum of punishment for contravention of the provisions has also been increased 10 times – from six months to five years, with a minimum punishment of six months and fine has been increased by ten times too – from one thousand to ten thousand with minimum fine to be rupees one thousand. The maximum punishment in the law before amendment would now be the minimum punishment. If you are in possession of small quantity of narcotic or psychotropic drugs, the chances are that you may be send to a rehabilitation centre and let off. However, if you are in possession of flesh of cow or progeny, chances are that you may be sentenced to a jail term upto one year! To be in possession of flesh of cow and progeny is no less serious offence than being in possession of contraband drugs, and perhaps more serious! The Hindu Nationalist vigilante groups are less concerned about Hindus getting addicted to drugs and concerned more with citizens of Maharashtra being in possession of flesh of cow and progeny. Their flesh would now be considered contraband substance! The offence is non-bailable.

The most draconian provision of the Act is that the burden of proving that the slaughter, transport, export outside the State, sale, purchase or possession of flesh of cow, bull or bullock was not in contravention of the provisions of the 2015Act, would be on the accused! In Indian criminal jurisprudence, the accused is always presumed to be innocent till proved guilty. The exception to this rule is only in very serious offences and under special laws or exceptional circumstances, e.g. in UAPA or in counter-terrorism legislations. Even in cases of murder or defending oneself against the charge of sedition, there would be presumption of innocence and it would be for the prosecution to prove the guilt. How would an accused from very poor background and who is accused of slaughtering, transporting, exporting out of state or selling or purchasing or possessing flesh of cow and progeny prove his/her innocence? The state or vigilantes so authorized can break open your house, enter your kitchen, dining table (or floor in most cases) peep inside your refrigerator and seize “contraband” substance – flesh/meat and put you behind bars and for the prime of the accused life s/he would be fighting from within the prison walls to prove her/his innocence! The draconian legislation is a powerful tool in the hands of vigilante groups and state to target any individual, group or community.

As soon as the 2015 Act came into force, Hindu nationalist vigilante groups became even more active. The vigilante groups having little respect for rule of law and the Constitution of India, immediately tested the law by launching complaints targeting Muslims in Malegaon, a Muslim majority town in North Maharashtra. Police acted upon the complaint and arrested the accused. Malegaon police told Tabassum Barnagarwala (2015) (Cows Say Cheese) “After the ban came into force, Hindu groups were after us to investigate Muslim households… Also, people may try to settle their personal battles by registering false complaints. A Hindu can come and say that a Muslim is keeping cows for slaughter. What do we do in such a case?” Malegaon police directed the Muslims of the town who kept cows as their pets to register their animals with a photograph of the owner and all the cows. The police started maintaining an additional register titled – Gaay, Bail, Bachhara (cow, bull and calf) Register. The police in Malegaon are busy carrying out a census of Muslims possessing cows and monitoring trade and movement. Hindus owning cows are not required to register as the presumption is the only Muslim sell cows and progeny for slaughter – Hindus do not!

Police in Maharashtra despite their extremely limited numbers and challenging task of fighting anti-dalit violence, terrorism, drug proliferation, land mafia, increasing sexual assaults on women, domestic violence, communal violence, and other organized crimes, will be busy securing the ministers, Hindu nationalist instigators and the cows. The victims of the 2015 Act, we are given to understand, would be primarily Muslims. The victims of the 2015 Act is foremost our criminal jurisprudence, democracy, and our Constitutional values. The 2015 Act in the hands of police and vigilante groups can become instrument of oppression of not only Muslims, but also dalits and other marginalized sections of society. Dalits will not only be affected as they will lose their cheap source of proteins or suffer economically as they are involved in manufacturing of leather goods. Police or vigilante groups may enter any house having meat of lamb or any other animal or in a shop of meat vendor, seize the flesh and produce the person before court. Then it would be on the accused to prove her/his innocence. Let us watch whether the police use the 2015 Act to renegotiate their hafta!

Secular movement has also opposed the 2015 Act on the terrain of defending the rights of minorities, particularly Muslims. The 2015 Act is more than that. The state ruled by followers of Hindutva ideology are today prescribing and monitoring the food we eat. What next? Prescribing and monitoring clothes we wear? Films we see? Performing and fine arts we are allowed to watch? Occupation we are allowed to be in? Areas we can inhabit and reside in? Muslims are being targeted initially so that opposition comes primarily from Muslims and not from larger society. Every citizen of India who has a stake in democracy should see herself as a potential victim and stand up to resist.

Barnagarwala, T. (2015, April 19). Cows Say Cheese. Indian Express , pp. 12-13.

Filed Under: Opinion Tagged With: Beef, Christians, Communalism, Dalits, Hindutva, Muslims, Sangh Parivar

When poetry is held unlawful . . . JTSA in solidarity with artists and poets of Kabir Kala Manch

April 23, 2015 by Nasheman

Kabir Kala Manch

by Jamia Teachers’ Solidarity Association

On April 10, 2015 Bombay High court refused bail to Sachin Mali, Sagar Gorkhe and Ramesh Gaichor of Kabir Kala Manch (KKM), who have remained in jail for two years without a trial. They are not charged with committing violence, or possessing weapons or contraband; it was their singing and their songs that were found unlawful. The KKM poets and artists had been forced to go into hiding in 2011 following the arrest and torture of two of their members by the Anti-Terrorist Squad (ATS). They were charged with collaborating with Naxalites; their art was branded ideologically Maoist. In January 2013, the two arrested members of KKM were given bail which prompted Sachin, Sagar, Ramesh and Sheetal Sathe to come out of hiding. In April 2013 the four sang in front of the Maharashtra Assembly in a peaceful, musical satyagraha and were arrested. Since then, Sheetal Sathe has got bail.

In its order, the Bombay High Court found no merit in the bail application and denied bail to the three applicants merely because ‘they are charged for offence under the Unlawful Activities (Prevention) Act’. As if being charged of a crime is in itself the proof of guilt. Denying bail on grounds of the accusations alone amounts to a perversion of the first principle of justice — that one is innocent until proven guilty. JTSA has, in fact, documented many cases where under-trials charged with the most heinous crimes have spent years in jail, only to be acquitted later. In our view, the denial of bail in this case is in line with the way the UAPA has been unleashed by the State over people to silence any dissent and to instill fear into all of us.

The entire KKM case is a story of hounding of a group of Ambedkarite artists and poets performing for those people who the powerful think have no use of art; indeed have no claim to humanity. To be sure, it is not the first instance of its kind when poetry in defence of the powerless has been held to be illegal. Neither is it the first time when artists have been held criminal for producing art. Poets like Pablo Neruda, Faiz Ahmed Faiz, Fredrico Garcia Lorca, Nazim Hikmet have been hounded by repressive regimes. In India, we appear to have reached the stage when the recital of life as it is, has become a criminal act that must be brutally silenced. The UAPA by including within its definition of an ‘unlawful activity’ as “any action taken by individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise)”, institutionalizes the silencing of art that speaks of life, and every thought and idea that challenges the dominant narratives of caste and social inequality. Even though the Bombay High Court while granting bail to four members of KKM in 2013 had unequivocally held that mere membership of banned organizations cannot be grounds for incarceration, nor can speaking, writing or singing about socio-economic injustices be criminalized – it even held section 20 of UAPA to be in conflict with Article 19 of the Indian Constitution – in reality, on the ground, UAPA is invoked regularly to intimidate and jail those who dissent.

JTSA expresses solidarity with poets and artists of Kabir Kala Manch who participate in people’s struggles by writing and singing about structural and caste violence. We laud their role as the voice of the voiceless. We condemn the gagging of their art whose content is made up of the most common concerns of humanity. We assert that their role is to not just sympathise eloquently with people’s plight but that their voice is an appeal to the conscious of the wider society. To suppress this voice is the worst form of oppression.

Filed Under: Human Rights, India Tagged With: Jamia Teachers Solidarity Association, JTSA, Kabir Kala Manch

EU border agency won't prioritize saving migrants' lives

April 23, 2015 by Nasheman

The European Union border agency chief dismissed the idea of dedicating the agency to search and rescue to prevent maritime refugee tragedies.

A migrant cries during a candlelight vigil to commemorate migrants who died at sea in Sliema, outside Valletta, April 22, 2015. | Photo: Reuters

A migrant cries during a candlelight vigil to commemorate migrants who died at sea in Sliema, outside Valletta, April 22, 2015. | Photo: Reuters

by teleSUR

Saving refugees’ lives in the Mediterranean cannot be a priority for maritime patrols, the head of Frontex, the European Union border agency, has told the Guardian.

As the E.U.prepares to meet for an emergency summit Thursday over the immigrant ship wreck crisis, which saw some 800 people drowned over the weekend, Frontex chief Fabrice Leggeri refused to turn the Triton border patrol off Italy’s coast into a search and rescue mission.

He also dismissed E.U. proposals to head off human traffickers around Libya.

Leggeri told the Guardian, “Triton cannot be a search-and-rescue operation. I mean, in our operational plan, we cannot have provisions for proactive search-and-rescue action. This is not in Frontex’s mandate, and this is in my understanding not in the mandate of the European Union.”

Thursday’s meeting has been called in light of a string of maritime disasters, in which vessels overloaded with asylum seekers have sunk in the Mediterranean.

This year, the problem has intensified, with 50 times more immigrant fatalities this year than by the same point last year.

Addressing this, Francois Crepeau, the U.N. special rapporteur on the human rights of immigrants said Wednesday that rich countries should agree to implement a plan to accept a million refugees from Syria and Africa in the next five years, to put an end to the Mediterranean disasters.

“We know that a great number of Syrians, in particular, are going to leave those countries and if we don’t foresee an official mechanism for them, they will resort to the smugglers,” the professor of law at the University McGill in Montreal, Canada, told the Guardian.

Meanwhile in Kenya, the African Union called for regional and global urgent action to halt the disturbing surge of migrant deaths, who predominantly set out from from sub-Saharan region of the continent.

“The trafficking of people and irregular immigration cannot be resolved by one country alone. It requires urgent global and regional action,” said the president of the A.U., Nkosazana Dlamini Zuma, who sent her condolences to the families of the victims.

An EU proposal to send warships to the Libyan coast to combat oil and arms smugglers, which, they say, encourage more migrants to take to the seas in hopes of being rescued and taken to Europe, has been criticized as insensitive and xenophobic.

Filed Under: Uncategorized Tagged With: African Union Migrants, European Union, Mediterranean Migrant Crisis

3-0: Bangladesh inflict historic whitewash on helpless Pakistan

April 23, 2015 by Nasheman

Bangladesh-Pakistan

Dhaka/Dawn: Opening batsman Soumya Sarkar hit a maiden one-day century as Bangladesh thrashed woeful Pakistan by eight wickets in Dhaka on Wednesday to sweep the one-day series 3-0.

The 22-year-old left-hander smashed an unbeaten 127 as the fired-up hosts surpassed Pakistan’s modest 250 all out in the 40th over at the Sher-e-Bangla stadium.

Pakistan captain Azhar Ali’s 100 made no difference to his team’s fortunes after Bangladesh had won the first match by 79 runs and the second by seven wickets.

It was the first series whitewash by the Tigers against an Asian Test-playing nation, and followed their appearance in the quarter-finals of the recent World Cup in Australia and New Zealand.

Bangladesh captain Mashrafe Mortaza said he was delighted at the way the team had shaped up in the past few months and hoped to continue the good work in future.

“This is a good team we have and I am really happy the way we are playing,” he said. “Soumya (Sarkar) was brilliant today but our work is not done yet. We will now focus on the remaining matches.”

The two teams will play a Twenty20 international on Friday before starting a two-Test series from April 28.

Dramatic collapse

The win was never in doubt after Sarkar, who hit 13 boundaries and six sixes in his 110-ball innings, put on 145 for the first wicket with Tamim Iqbal.

Tamim, who had slammed centuries in the first two matches, missed a third consecutive hundred when he was leg-before to Junaid Khan for 64.

The left-arm seamer also bowled Mohammad Mahmudullah in his next over, but Mushfiqur Rahim (49 not out) ensured victory with an unbroken stand of 97 for the third wicket with Sarkar.

Pakistan were left to rue a dramatic collapse when they lost eight wickets for 47 runs after Azhar’s century had lifted them to a comfortable 203 for two in the 39th over.

Shakib Al Hasan, Mortaza, Arafat Sunny and Rubel Hossain claimed two wickets each as Bangladesh clawed their way back after wayward bowling earlier in the innings.

Azhar led from the front to become the first Pakistani captain in five years to score an one-day century following Shahid Afridi’s 124 against Bangladesh in 2010.

He heaped praise on Bangladesh for outplaying his young team that included just four players from the World Cup.

“I would like to congratulate Bangladesh because they played very good cricket,” he said. “We played well in patches but we could not put it together.

“As everybody knows, our senior players have left the one-day scene. The youngsters have to stand up and we have to pull our heads together.

“Hopefully we do well in the Twenty20 and the Test series.”

Having won the toss and elected to bat, Azhar shared an opening stand of 91 with debutant Sami Aslam, who made 45.

Nasir Hossain provided the breakthrough when he had the left-handed Aslam caught by wicket-keeper Rahim.

Senior all-rounder Mohammad Hafeez was bowled by Sunny for four to extend his batting misery in a series in which he compiled just eight runs in three matches.

Haris Sohail (52) added 98 with Azhar for the third wicket before the rot set in.

Azhar was bowled by Shakib and Mortaza dismissed Haris to launch Bangladesh’s comeback.

Filed Under: Sports Tagged With: Bangladesh, Cricket, Pakistan

Modi, who once refused to wear a skull cap, now sends 'chaadar' to Ajmer Sharif dargah

April 23, 2015 by Nasheman

Modi Ajmer dargah

New Delhi: Prime Minister Narendra Modi on Tuesday pitched for harmony among all religions, citing the “great message” of Sufi saint Khwaja Moinuddin Chishti as he sent a ‘chaadar’ to be offered at his dargah in Ajmer.

Greeting people on the occasion of the annual ‘Urs’ of Khwaja Chishti, Modi said in a message that India has been a land of sages, saints and prophets for thousands of years.

He recalled Khwaja Chishti’s message of amity to his followers and said it is relevant even today.

“Khwaja had given a great message to his followers from all religions to live in harmony, keeping with the tradition of sufis and saints. That message is relevant even today,” the Prime Minister said.

He handed over the ‘chaadar’ to be offered at the dargah to Mukhtar Abbas Naqvi, minister of state for minority affairs.

Handed over the Chaadar to be offered at Dargah of Khwaja Moinuddin Chishti. https://t.co/EO6p6Gee7M

— Narendra Modi (@narendramodi) April 21, 2015

(PTI)

Filed Under: India Tagged With: Ajmer Sharif Dargah, BJP, Narendra Modi

Cabinet nod for trial of juveniles as adults for rape, murder

April 23, 2015 by Nasheman

Calls have been growing louder for stricter punishment for minors ever since the 2012 Delhi gang rape

Calls have been growing louder for stricter punishment for minors ever since the 2012 Delhi gang rape

New Delhi: Overruling the recommendations of a parliamentary panel, government on Wednesday went ahead with a proposal to try juveniles in the age group of 16 to 18 years accused of heinous crimes under laws for adults.

“The Cabinet has approved amendments to the Juvenile Justice (Care and Protection of Children) Act, whereby juveniles in the age group of 16-18 can be tried under Indian Penal Code (IPC) if they are accused of heinous crimes,” I T and Communication Minster Ravi Shankar Prasad told reporters after the Cabinet meeting.

The issue was brought before the Cabinet a fortnight ago but was dropped from the agenda at the last moment and it was decided that an informal group of ministers will examine the issue.

Rejecting the recommendations of a Parliamentary Standing Committee, the Women and Child Development Ministry had decided to go ahead with the proposal. The Supreme Court had also recently observed that there was a need to relook at the provisions of Juvenile Justice Act in cases where the accused have committed crimes like rape, murder dacoity and acid attacks.

Several ministers in the Cabinet meeting supported the proposal saying a person accused of crimes like rape should be treated as an adult, a senior minister said after the meeting.

“The new proposed Act (the amendment bill) provides that in case a heinous crime has been committed by a person in the age group of 16-18 years it will be examined by the Juvenile Justice Board to assess if the crime was committed as a ‘child’ or as an ‘adult’.

“Since this assessment will be made by the Board which will have psychologists and social experts, it will ensure that the rights of the juvenile are duly protected if he has committed the crime as a child. The trial of the case will accordingly take place as a juvenile or as an adult on the basis of this assessment,” an official statement said.

The amended bill also proposes to streamline adoption procedures for orphaned, abandoned and surrendered children. It establishes a statutory status for the Child Adoption Resources Authority (CARA).

The legislation proposes several rehabilitation and social integration measures for institutional and non-institutional children. It also provides for sponsorship and foster care as completely new measures.

Mandatory registration of all institutions engaged in providing child care is also in the offing.

New offences, including illegal adoption, corporal punishment in child care institutions, use of children by militant groups and offences against disabled children have also been incorporated in the proposed legislation.

The major amendments include removal of Clause 7 that relates to trial of a person above the age of 21 years as an adult for committing any serious or heinous offence when the person was between the ages of 16-18 years; enhancing the period of preliminary inquiry by the Juvenile Justice Board in case of heinous offences committed by children in the age group of 16-18 years; increasing the reconsideration period for surrender of children by parents or guardians; enhancing the period for inter-country adoption in case the child is not given for domestic adoption; assigning the role of designated authority to monitor the implementation of the Bill to the National Commission for Protection of Child Rights and making the central and state governments responsible for spreading awareness on the provisions of the bill.

The amended bill will be brought before parliament again in the ongoing budget session, official sources said.

(PTI)

Filed Under: India Tagged With: Juvenile Justice Act, Rape

How the U.S. contributed to Yemen’s crisis

April 23, 2015 by Nasheman

Washington’s support for Yemen’s former dictatorship — and of Saudi efforts to sideline the country’s nonviolent pro-democracy movement — helped create the current crisis.

Saudi Arabia and its partners have carried out some 2,300 airstrikes on Houthi targets across Yemen since launching the air campaign more than three weeks ago. (AFP/File)

Saudi Arabia and its partners have carried out some 2,300 airstrikes on Houthi targets across Yemen since launching the air campaign more than three weeks ago. (AFP/File)

by Stephen Zunes, FPIF

As a Saudi-led military coalition continues to pound rebel targets in Yemen, the country is plunging into a humanitarian crisis. Civilian casualties are mounting.

With U.S. logistical support, the Saudis are attempting to re-instate the country’s exiled government — which enjoys the backing of the West and the Sunni Gulf monarchies — in the face of a military offensive by Houthi rebels from northern Yemen.

None of this had to be.

Not long ago — at the height of the Arab Spring in 2011 — a broad-based, nonviolent, pro-democracy movement in Yemen rose up against the U.S.-backed government of dictator Ali Abdullah Saleh. If Washington and Saudi Arabia had allowed this coalition to come to power, the tragic events unfolding in Yemen could have been prevented.

The movement had forged an impressive degree of unity among the various tribal, regional, sectarian, and ideological groups that took part in the pro-democracy protests, which included mass marches, sit-ins, and many other forms of nonviolent civil resistance. Leaders of prominent tribal coalitions — as well as the Houthis now rebelling against the government — publicly supported the popular insurrection, prompting waves of tribesmen to leave their guns at home and head to the capital to take part in the movement.

These tribesmen, along with the hundreds of thousands of city dwellers on the streets, were encouraged to maintain nonviolent discipline, even in the face of government snipers and other provocations that led to the deaths of hundreds of unarmed protesters.

The Obama administration, however, was more concerned about maintaining stability in the face of growing Al-Qaeda influence in rural areas. Secretary of Defense Robert Gates acknowledged that Washington had not planned for an era without Saleh, who had ruled the country for more than three and a half decades. As one former ambassador to Yemen put it in March 2011, “For right now, he’s our guy.”

“That’s How It Is”

Though the pro-democracy movement largely maintained a remarkably rigorous nonviolent discipline in its protests, some opposition tribes and rebel army officers added an armed component to the resistance movement. An assassination attempt against Saleh that June forced the severely wounded president to leave for Saudi Arabia for extended medical treatments.

John Brennan, Obama’s chief counterterrorism adviser and future CIA director, visited Saleh in a Saudi hospital in July and encouraged him to sign a deal transferring power. Not only was the mission unsuccessful in convincing Saleh to resign, however, the regime — in a continuation of its efforts to use Saleh’s close relationship with the United States to reinforce his standing — broadcast images of the surprisingly healthy-looking president and emphasized his statesmanlike demeanor in meeting with a top U.S. official as a signal of continued U.S. support for the regime.

As the pro-democracy struggle tried desperately to keep the movement nonviolent in the aftermath of the assassination attempt and a growing armed rebellion, the United States escalated its own violence by launching unprecedented air strikes in Yemen, ostensibly targeting Al-Qaeda cells. The Pentagon acknowledged, however, that Al-Qaeda operatives often intermingled with other anti-government rebels.

Indeed, U.S. policy allowed the CIA to target individuals for drone strikes without verifying their identity, resulting in some armed Yemeni tribes and others allied with pro-democracy forces apparently being attacked under the mistaken impression they were al-Qaeda. This scenario was made all the more likely by U.S. reliance on the Yemeni regime for much of its intelligence in determining targets. Complicating the situation still further during this critical period of ongoing protests, teams of U.S. military and intelligence operatives were continuing to operate out of a command post in the Yemeni capital.

It’s entirely possible, then, that the Yemeni government may have used the pretext of al-Qaeda to convince the U.S. government to take out its rivals.

U.S. officials insisted that the violence between the pro- and anti-regime elements of the Yemeni armed forces did not involve U.S.-trained Yemeni special operations forces, and Brennan initially maintained that the unrest had not affected U.S.-Yemeni security cooperation. By the end of the year, however, heacknowledged that the “political tumult” had led these U.S.-trained units “to be focused on their positioning for internal political purposes as opposed to doing all they can against AQAP.”

That meant that Yemeni forces trained by the United States for the purpose of fight al-Qaeda were instead directly participating in the squelching of a democratic uprising. “Rather than fighting AQAP,” an exposé in The Nationnoted, “these U.S.-backed units — created and funded with the explicit intent to be used only for counterterrorism operations — redeployed to Sanaa to protect the collapsing regime from its own people.”

According to the well-connected Yemeni political analyst Abdul Ghani al-Iryani, these U.S.-backed units exist “mostly for the defense of the regime.” For example, rather than fighting a key battle against Al-Qaida forces in Abyan, al-Iryani told reporter Jeremy Scahill, “They are still here [in Sanaa], protecting the palace. That’s how it is.”

“Keeping Enough of the Regime Intact”

At the end of July 2011, despite the ongoing repression of pro-democracy forces, a congressional committee approved more than $120 million in aid to the Yemeni government, primarily in military and related security assistance. The aid was conditional on the State Department certifying that the Yemeni government was cooperating sufficiently in fighting terrorism, but there were no conditions regarding democracy or human rights.

As the repression increased, U.S. officials praised the Yemeni regime’s cooperation with U.S.-led war efforts, with Brennan declaring in September, “I can say today the counterterrorism cooperation with Yemen is better than it’s been during my whole tenure.”

Meanwhile, the United States and Saudi Arabia, joined by the other monarchies of the Gulf Cooperation Council (GCC), presented a plan whereby Saleh would step down. According to the deal, he and other top officials in the regime would be granted immunity from prosecution, and a plebiscite would be held within 60 days to ratify the transfer of power to Saleh’s vice-president, Major General Abd Rabbuh Mansur Hadi.

Pro-democracy protesters largely rejected this U.S.-Saudi mandate for Hadi. It soon became apparent that despite occasional calls for Saleh to step down — such as U.S. ambassador to the United Nations Susan Rice’s strong statement in early August — the Obama administration was deferring to its autocratic GCC allies on the peninsula to oversee a political transition.

In mid-August, opposition activists formed a National Council, which they hoped would form a provisional government until multiparty elections could be held. It consisted of 143 members representing a broad coalition of protest leaders, tribal sheiks, South Yemen separatists, opposition military commanders, former members of the governing party, and the Houthi militia representing the Zaydi minority in the north.

The Saudis and the U.S. government, however, kept pushing for Saleh to transfer power to his vice president. Supporters of the National Council denounced these foreign efforts as “only a plot to foil the revolution.”

Following a meeting with Hadi in September, U.S. Assistant Secretary of State for Near Eastern Affairs Jeffrey Feltman said, “We continue to believe that an immediate, peaceful, and orderly transition is in the best interest of the Yemeni people. …We urge all sides to engage in dialogue that peacefully moves Yemen forward.” Pro-democracy protesters pushed ahead in their campaign of civil resistance, insisting that the National Council representing a broad array Yemenis not be circumvented.

Shortly thereafter, government security forces fired into crowds during a massive pro-democracy protest in Sanaa. Dozens of protesters were killed and hundreds more wounded.

The U.S. embassy, however, appeared to blame both sides for the killings, saying the United States “regrets the deaths and injuries of many people” and calling “upon all parties to exercise restraint. In particular, we call on the parties to refrain from actions that provoke further violence.” Similarly, U.S. ambassador Gerald Feierstein criticized a peaceful pro-democracy march from Taiz to Sanaa in December as “provocative.”

Soon afterwards, 13 more pro-democracy demonstrators were killed by government security forces, leading many activists to accuse the ambassador of preemptively giving Saleh permission to shoot civilians. Time magazine,summarizing the view of pro-democracy activists, noted, “The early intercession of foreign powers with a transition plan distracted attention from popular demands, they say, and allowed the president to cite ongoing talks in delaying his resignation. Many Yemenis believe the key interest guiding the U.S. has been keeping enough of the regime intact to combat al-Qaeda, and that this has distorted the outcome.”

“This Revolution Has Been Stabbed in the Back”

Eventually, U.S. officials bowed to international concerns and put forward a threat of United Nations sanctions against the regime, which finally forced Saleh to formally resign.

In January 2012, the Obama administration allowed Saleh into the United States for medical treatment, rejecting calls for his prosecution. U.S. officials believed that doing so was the best way of finally forcing him to step down as president and finally make a peaceful transition of power possible.

Pro-democracy activists in Yemen were outraged.

Protest leader Tawakkol Karman, who was awarded the Nobel Peace Prize the previous month, called on the United States to “hold Saleh accountable.” She alsoobserved, “There shouldn’t be any place for tyrants in the free world. This is against all international agreements, laws, and covenants. The entry of Ali Saleh into America is an insult to the values of the American people. This was a mistake by the administration, and I am confident he will be met with wide disapproval in America. This will tarnish the reputation of America among all those who support the Arab Spring revolutions.”

Saleh returned to Yemen the following month to oversee the transfer of power to his vice-president and has remained the country ever since. Now, he’s making a bid to retake control, having formed an alliance with his former Houthi adversaries and, with the support of some allied army units, playing a critical role in their rise to power.

This has greatly angered the pro-democracy movement, whose leaders twice petitioned the Obama administration for support but were rejected in favor of negotiations led by the Saudi regime and other autocratic GCC monarchies. This greatly set back the hopes for a genuine democratic revolution and alienated the very liberal youth who would otherwise be the West’s most likely Yemeni allies.

As Francisco Martin-Royal, an expert on counter-radicalization in the region, wrote at that time, “The lack of U.S. support means that these young men and women, who effectively ousted Saleh and continue to call for democratic institutions, have broadly failed to have a voice in the formation of Yemen’s new government or have their legitimate concerns be taken seriously.”

He continued, “Yemen’s pro-democracy activists largely blame the U.S. for failing to live up to its rhetoric — a disillusionment that potentially makes them vulnerable to recruitment by other well-organized forces that are against the existing regime, namely extremist groups like AQAP and separatist movements. From their perspective, the only real changes in Yemen — the establishment of a semi-autonomous region by the Houthis and the propagation of sharia law in various cities in southern Yemen by Ansar al-Sharia — have come through violence.”

U.S. Ambassador Feierstein kept pushing the vague idea of a “national dialogue” among elites and criticized ongoing protests within the government institutions,particularly military units, on the grounds that “the problems have to be resolved through this process of dialogue and negotiations.” By contrast, hecastigated the pro-democracy activists, saying “We’ve also been clear in saying we don’t believe that the demonstrations are the place where Yemen’s problems will be solved.”

In February 2012, President Obama publicly endorsed Hadi, claiming — despite Hadi’s service as vice-president in a repressive regime and his distinction as the only candidate in the subsequent plebiscite — that his subsequent election was “a model for how peaceful transition in the Middle East can occur.”

The pro-democracy movement thus largely gave up on the United States, with prominent young pro-democracy activist Khaled al-Anesi fuming, “This revolution has been stabbed in the back.”

What Could Have Been?

This marginalization of Yemeni civil society — which had struggled for so many months nonviolently for democracy — and Washington’s failure to accept the broad-based National Council to head an interim government created the conditions that led to the dramatic resurgence of the armed Houthi uprising, which until last year had only operated in the Zaydi heartland in the far northern part of the country.

The Houthis were helped along by the Hadi government’s lack of credibility, ongoing corruption and ineptitude at all levels of government, a mass resignation of Yemen’s cabinet, and controversial proposals for constitutional change. They also received support from armed groups allied with the former Saleh dictatorship, which enabled the Houthis — who represent only a minority of Yemenis — to nevertheless emerge as the most powerful force in Yemen. They surprised the world by seizing the capital of Sanaa in August, consolidating power in January, and subsequently expanding southward.

Most Yemenis strongly oppose the Houthi militia and, in Taiz and other parts of the country, have challenged their armed advance through massive civil resistance and other nonviolent means. Yet the Houthis have actually expanded their areas of control in some key regions, even where they’ve faced armed resistance and Saudi air strikes.

It would be much too simplistic to blame the current crisis in Yemen entirely on the United States. However, one still has to wonder: If instead of allying with Saudi autocrats to install another strongman in the name of stability, Washington had supported that country’s nonviolent pro-democracy movement, what might have been?

Foreign Policy In Focus columnist Stephen Zunes is a professor of Politics and coordinator of Middle Eastern Studies at the University of San Francisco.

Filed Under: Muslim World Tagged With: Conflict, Saudi Arabia, United States, USA, Yemen

Saudi Arabia claims 'Operation Over,' but bombs keep falling on Yemen

April 23, 2015 by Nasheman

Shelling was reported in central and southern cities, and ground fighting has not let up

 A Saudi soldier at the border with Yemen, fired a mortar shell toward Houthi rebels on Tuesday. (Photo: Reuters)

A Saudi soldier at the border with Yemen, fired a mortar shell toward Houthi rebels on Tuesday. (Photo: Reuters)

by Sarah Lazare, Common Dreams

Just hours after declaring the conclusion of “Operation Decisive Storm,” Saudi Arabia resumed air strikes against Yemen on Wednesday, signaling that the four-month bombing campaign and violence, which has already killed at least 944 people, is not yet over.

Media outlets report that a Saudi air strike hit the southern port city of Aden on Wednesday, in addition to bombings in the central city of Taiz, following heavy fighting.

Ground fighting between rebel combatants and forces aligned with Yemen’s government continued in Aden, and clashes are also reported in Taiz, Huta, and Daleh, leaving an unknown number of people dead and wounded, according to AFP.

People in Yemen, who have taken to social media to vividly document the war’s impact on their lives, confirm that the fighting and shelling has not let up.

Spoke to family in Aden 🙁 War rages on there, worse than ever! Navy ships shelling advancing Houthis. Airstrikes in Taiz too! #Yemen

— Hisham Al-Omeisy (@omeisy) April 22, 2015

Decisive Storm declared over. Oughtn't be 2 optimistic. My family in Aden says it's another same fighting day #Yemen. pic.twitter.com/Dt7sRN32Nt

— Nezar Naji Ali (@Alawlaqi2014) April 22, 2015

The air strikes continue despite Saudi Arabia’s dubious announcement on Tuesday that “the objectives of ‘Operation Decisive Storm’ have been achieved” and the operation would come to a close at midnight on Tuesday.

However, the statement, which was publicly embraced by U.S. and Iranian officials, left numerous unanswered questions.

In the same announcement, Saudi Arabia said it is embarking on the newly-branded “Operation Restoration of Hope,” which would aim in part to combat “terrorism,” but it is not immediately clear what this campaign entails or whether Saudi Arabia plans to halt the bombings for a sustained period of time.

The government declared that Saudi Arabia has the right to “counter any military moves by the Houthis or their allies, and deal with any threat against the Kingdom of Saudi Arabia or its neighbors.”

Furthermore, it was not apparent whether Saudi Arabia’s announcement on Tuesday signals relief for Yemenis impacted by the humanitarian crisis gripping the country, fueled by bombings and fighting, as well as a Saudi-led siege that has prevented humanitarian aid, food, and water from reaching people in need as supplies run dangerously low.

In a statement released following Saudi Arabia’s announcement on Tuesday, Oxfam called for all parties to allow aid through. Oxfam’s facility storing vital humanitarian aid in the northern governate of Saada was bombed by Saudi-led forces, despite the fact that the organization provided detailed information about the location of the facility to the coalition, which includes the United States, Kuwait, Qatar, the United Arab Emirates, Bahrain, Jordan, Egypt, Sudan, and Morocco.

“Oxfam, alongside our partners, stands ready to respond to these needs and plans to reach as many of these people as we can,” said Grace Ommer, Oxfam’s Country Director for Yemen. “To help us and others do that that we call on all parties to the conflict to re-open land, sea and air routes into the country immediately in order to allow essential food, fuel and humanitarian provisions to reach those in desperate need.”

Meanwhile, an apparent overnight U.S. drone strike on the southern port city of Mukalla killed at least six people, witnesses said on Wednesday, according to AFP.

Filed Under: Muslim World Tagged With: Conflict, Operation Decisive Storm, Saudi Arabia, Yemen

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