HUMAN RIGHTS: HRW says India's failed to uplift Dalits (UPDATED)

UPDATE: Smita Narula has been making media appearances to discuss her Human Rights Watch report. She was on WNYC's Leonard Lopate show, and she also appeared on WBAI's Asia Pacific Forum.

UPDATE: SAJAer and Fordham University law professor Anil Kalhan has written in response to the HRW report on Dalits, focusing on its comparisons of India to South Africa under apartheid.

UPDATE: Read a recent apology to Dalits from the US-based Hindu group Navya Shastra. The progressive group consistently highlights injustices against Dalits and says it was dismayed at the feeble response to its 'apology project'. (On a filmi-er note, read the group's condemnation of the Bachchans and Aishwarya Rai revolving around her engagement to Abhishek Bachchan).

Original post follows...

A new 113-report from Human Rights Watch flays the Indian government for how it deals with Dalits. The report is titled 'Hidden Apartheid: Caste Discrimination against India's Untouchables.' The word 'apartheid' is a running theme of the report, intending to drive home the idea that the Indian government actively helps, as co-author Smita Narula says, 'in maintaining a system of entrenched social and economic segregation.'

Narula notes the recent words of Prime Minister Manmohan Singh, when he compared untouchability to apartheid, but she challenges him to start protecting Dalits by providing them with equal access to education, health, housing, property and freedom of religion. Another issue is equal treatment before the law: of the many crimes committed against Dalits, most go unreported, and the ones that go to trial almost always end in acquittals.

What is noteworthy about the report is that it is accompanied by two audio commentaries in MP3 format: one in English and the other in Hindi.

We asked Smita about this, and she said that Human Rights Watch has long published releases in multiple languages, such as French, Spanish an Arabic.

"It's harder to get a quick turnaround on a Hindi written translation and is also not as critical given the breadth of the English media in the country.  We are however going to have a short backgrounder on the report translated in Hindi for distribution in India.  I've always done interviews in Hindi/Urdu and English.  What's new here is the pre-record broadcast bit.... The hope is to reach Hindi radio - and I did a call with VOA Hindi Service this morning).

You can contact Smita Narula (who's also director of NYU's Center for Global Rights and Human Justice) at this email address: smita.narula@nyu.edu

Also, read a recent SAJAforum guest post by Arthur Dudney: Courting Dalit Readers

Comments

[S Jain]

I think Human Right Commission is unintentionally working to promote the interests of Evangelical Christians in India. Anybody, who has visited India knows that caste discrimination is disappearing faster than ever.

If HRC is so interested in the plight of Dalits, then why would it appose the work of Rashtriya Swayamsevak Sangh (RSS) at every chance. Sangh Parivar in its 82 years history has done more to solve the caste problem in Bharat than everything else combined in last century. 50,000 daily shakhas are nothing but an experiment in removing those caste differences by making people of every cast sit together, sing together, play together and eat together.

No Gov't can change the society to accept Dalits. The only way is to change one person at a time as RSS has discovered and practiced for more than 80 years now.

You just need to read the book called “Manu, Sangh and I” http://www.hvk.org/specialrepo/mms/ to realize the work done by Sangh Parivar to uplift the Dalit society in Bharat.

[Jaya Kamlani]

Excuse my long note, but having been involved in a human rights situation in India a year ago, and having recently visited Martin Luther King Center and the Jimmy Carter Center in Atlanta-Georgia, I have become acutely conscious of human rights. Unless awareness is not brought to the Dalit cause, India will not do anything about it, because it is an age-old situation that Indians have lived with for long, and even swept it under the rug. I am glad people are speaking out for those who have no voice in India.

According to the report, "More than 165 million Dalits in India are condemned to a lifetime of abuse simply because of their caste." That is more than half the population of America.... about 3/5th.

The question that Indians at the top level of the administration must ask themselves is: how did they feel when they worked like peons and clerks under the British and were mistreated by them. The Indians now occupying official positions left by the British are turning around and doing the same to the less privileged among their own people. They are doing to others what was done to them. I hope more awareness is brought to the Dalit cause, the social injustices borne by them and other disenfranchised minority groups, the exploitation they are subjected to, and the forced segregation imposed upon them.

It was Gandhiji who had long ago championed the cause to eliminate ‘untouchability’ and the evils that go with it. So why is criminal activity against a Dalit still being ignored in the Indian courts? Are they less of a human being because of their caste disadvantage and have certain kinds of labor forced upon them? To whose advantage is it that we follow the caste system in India or anywhere else? Only the upper caste and the upper class. It is good that CERD is monitoring this situation in India. I am also glad that in acknowledging the parallels between the practice of “untouchability” and the crime of apartheid, Prime Minister Manmohan Singh will study the situation and take action to remedy this medieval injustice. You cannot have an India ‘shining’ when so many of its people live in its justice of darkness. Social reforms should carry as much weight as its rolling economic expansion. If not, India will find itself in the midst of a social crisis in years to come. We saw a sampling of it in the college admission crisis last year.

We must not forget that rich or poor, great or small, in the eyes of the Lord we are all equal.

Jaya Kamlani

[Mihir Meghani]

Dear SAJAers,
I want to thank SAJA for taking on the topic of caste discrimination in India. I want to share some links to press releases where we have unequivocally stated that caste based discrimination is wrong. From our experience, we have found Hindu leaders in India more and more receptive to doing more on this issue, though they are dismayed that the public perception (which they blame on the media) is that Christians are doing more work for so called "lower" castes, while Hindus have silently & quietly been working for "lower" castes in a big way since the 19th century.

Hindu American Foundation Denounces Temple Entry Ban on Harijans (Dalits) in Orissa
http://www.hinduamericanfoundation.org/media_press_release_jagannath_harijan.htm

Hindu American Foundation Congratulates Hindu Seer for B.R. Ambedkar Award
http://www.hinduamericanfoundation.org/media_press_release_ambedkar_award.htm

American Hindus Applaud Decision of Dalits in India to Build Own Temple
http://www.hinduamericanfoundation.org/media_press_release_dalit_temple.htm

Hindu American Foundation Condemns Orissa Temple's Decision To Bar Entry To Scheduled Caste (Dalit) Hindus
http://www.hinduamericanfoundation.org/media_press_release_dalit_templeentry.htm

Hindu American Foundation Appreciates Congressional Hearing On Dalit Rights; Concerned By Biases
http://www.hinduamericanfoundation.org/media_press_release_dalit_hearing.htm

Our Foundation plans a few more projects on this topic this year. Stay tuned.

On a personal note, I had a very eye opening experience staying with a Harijan (Dalit) family in the state of Chattisgarh last fall. I hope to write about my experiences in the future.

Regards,
Mihir Meghani, M.D.
President, Hindu American Foundation
www.HAFsite.org

[Jaya Kamlani]

Please read the following news article about the Dalits:

U.N. body tells India to halt caste discrimination

http://news.yahoo.com/s/nm/20070309/india_nm/india290475

Fri Mar 9
"GENEVA (Reuters) - A U.N. human rights watchdog called on India on Friday to halt racial discrimination against lower castes which it said were victims of arbitrary arrests, rapes and killings, as well as land evictions. The U.N. Committee on the Elimination of Racial Discrimination said the more than 160 million Dalits -- once known as "untouchables" -- should be granted equal access to places of worship, hospitals, water sources and education......"

Jaya Kamlani

[Mihir Meghani]

Sri Sri Ravi Shankar working to bring Dalits and Hindus closer. Here is the article on this project
http://www.rediff.com/news/2007/mar/06sri.htm

Also, An editorial by him from the Hindustan Times is excerpted below (The ellipses "...." denote cuts from the original, for the sake of brevity here)

A time to heal
Open space | Sri Sri Ravi Shankar
February 16, 2007

Dalits allowed inside temples in Bhilwara and Jagannath Temple in Orissa is a welcome development. Places of worship should be open to all communities and religions. Nobody has a right to bar people from entering the house of God. Unless the savarnas and the Dalits effect a reconciliation, society will suffer from cycles of revenge and counter-revenge.

Moving away from Hinduism and converting to other religions has not helped the Dalits in their war against the oppressive caste system. They have to assert their rights and move up from within the system.

Though banned by law, there have been countless incidents of violence and oppression against the Dalits, many of which have gone unreported. Laws have failed to change the attitude of people, and contemporary religious leaders have done precious little to remove the prejudices and bring about reconciliation....

Though Maharishi Dayanand had no political backing, his movement gained considerable social and intellectual strength. On the other hand, BR Ambedkar brought about social reforms through a political movement, which over time acquired an identity of its own. Unlike other religions, Hinduism is inherently anarchic. In the absence of a single command at the top, reforms in Hinduism cannot come from the top. It has to start at the bottom, as a people’s movement....

It is unfortunate that people without proper knowledge of the scriptures simply quote from the Manu Smriti, which is only a code of conduct given by a king and has nothing to do with the Shrutis, Vedas or the Upanishads. It is time to honour the philosophy and discard the unscrupulous practices. Instead, people have discarded the philosophy and allowed the unscrupulous practices to continue.

The greatest of the epics — the Ramayana — was written by a Dalit. How can Dalits drop the precious lore and allow a few orthodox narrow-minded people to dominate? It’s not only Dalits who are fighting for their rights; many upper caste people are working and fighting for their cause. Let us not forget that the name Ambedkar was given to Bhimrao saheb by his mentor who was a Brahmin. Not all upper caste people are oppressors and religion certainly is not....

I appreciate the Dalits who enter temples and build temples — they are really the brave ones who claim their rights, instead of giving up their heritage. I hope the new wave will continue and the Dalits will assert their social and philosophical rights rather than turn their back on them. Past wrongs cannot be undone through anger and rage.

Ambedkar tried his level best before he took to conversion as the final resort. But with the changing times and education, the strategies need to change. Both Dalit and upper caste Hindus have to change. We need to fight for our heritage in the same way we fight for rights to our property. You fight for your property because you value it. When you don’t value your heritage and culture, you simply discard it.

For justice and progress, there has to be reconciliation.
Sri Sri Ravi Shankar is founder, Art of Living, Bangalore

[Jaya Kamlani]

Dear Dr. Meghani,
Referring to a case where Dalits (Harijans, untouchables) are permitted to worship at the Keradagarh temple through nine holes carved in the wall of the temple, Ishani Chowdhury, Executive Director of your organization stated in the December HAF newsletter, "The bigoted and vile practice of discriminating against fellow Hindus by not allowing entry into a temple should be condemned and immediately stopped." I met Ishani at last year’s SAJA convention, and I’m glad she is taking this firm stand on behalf of your HAF organization. Referring to Sri Shivamurthy Murugharajendra Swami, in another newsletter, there is mention of Hindu spiritual leaders taking an active role in social reform related to caste. I am also pleased to hear that Sri Ravi Shankar of The Art of Living Foundation will be joining the ranks of the social reformers.

Dr. Meghani, in your earlier comment you stated, that the Hindus in India say they “have silently & quietly been working for "lower" castes in a big way since the 19th century.”….. How could that be? If they had, there would be no “untouchables” today, for they would have been one with society. The problem is there was no government policy for such social reforms. A few caring individuals here and there took it upon themselves to address the issue. The Indian government does not do anything about such situations until it is compelled to, as they are now being pressured by the U.N’s human rights organization. So, please Mr. Meghani, HAF should continue pressing this issue until such social reforms are implemented. We don’t want India to become a capitalist country for a few while many live in poverty and are treated as untouchables. They should have corporations play an active role in their communities.

Jaya Kamlani

[Mihir Meghani]

Dear Jaya, I agree with what you have written except to clarify that though Hindus have been working for centuries on caste reform, clearly the goal of equality has not been reached. That is not to say the work of Hindu reformers has been meaningless.

[Mihir Meghani]

The Pioneer
Op-Ed
by Gautam Siddharth

Sri Sri's mission isn't impossible

It would be easy to dismiss Sri Sri Ravi Shankar's Truth and Reconciliation Conference of Dalits and Caste Hindus held in Delhi's Pragati Maidan on Friday as a fluffy or wooly-headed enterprise of a spiritual teacher, who naively holds on to certain unlivable or unworkable ideals in the cynical times that we live in. This would be especially true of people in the journalistic profession who seem to have irrefutable knowledge about society and politics and their internal dynamic that plays itself out every moment. While there could indeed be some unquestionable facts in the latter contention, the observation of truth itself gives us a somewhat larger picture.

Who, after all, is not aware of the deep, almost calcified dissensions in Hindu society between different creeds and communities? An OBC will not sup with a Dalit. A Brahmin will shudder if his or her son or daughter were to want to marry a Yadav. A Kayasth will rail against job reservation, and so on and so forth. Few societies in the world are as divided as Hindus along caste lines, and such is the depth and extent of these internal divisions that caste-ism has come to permeate even non-caste religions like Christianity and Islam in the country.

Thus, a "lower caste" convert to any religion carries his caste identity with him to turn into a Dalit Christian or a Dalit Muslim. Of course, when it comes to elections, these differences are celebrated in a back-handed way in television studios and newspaper columns with a myriad of experts commenting on why a certain block of vote made that crucial difference on which seat, because of which a certain candidate - no matter what his merit - lost and because of which, another candidate with a criminal record, with powers of mobilisation along caste lines, won. Who can, in such a context, talk about "truth and reconciliation" between the castes and expect to be taken seriously?

However, the inescapable fact is that such a reformist intervention is the need of the times, without which public service would remain a chimera and self-service the only touchstone in our political life. Absence of such intervention would mean that Indian society will not develop as a democratic society but will remain a prisoner of the past, the energies of its peoples forever trapped in narrow identities which fail the definition of arrived or developed societies in a globalising world.

It will have other pitfalls as well: The continuous divisions and subdivisions - recalling Karl Popper who had said that creation of a minority leads inevitably to the formation of newer minorities - will make Indian democracy very unstable. There are and will continue to be history-sheeters in legislatures whereas upright, good candidates will get killed for providing new grassroots leadership - the most recent, tragic example of which was JMM's Sunil Mahato gunned down by a bunch of rabid Maoists in Jharkhand.

Therefore, even if the attempt of Sri Sri Ravi Shankar to bring all castes and their representatives on a single platform to discuss reconciliation appears too fantastical, in the sense that it will be difficult to take such a message from a gathering of 5000 well-dressed people in an atrium on a pleasant evening to 500 million population in the heat and dust in our far-flung country, we shall be erring gravely were we to dismiss the event as yet another superfluity in our lives. This is because Sri Sri addresses the issue of Dalits from the dharmic perspective and seeks to inform why our present way of handling the issues born out of Dalit anger with the past and the upper caste anxiety about the future will cause nothing but more ferment in society. He seeks to revive the comatose existence of the innate equality in Sanatan Dharma that has been lost because of the opportunism of a few contractors and subcontractors of faith.

How and when indeed did untouchability and discrimination begin in a way of life that embraced entire humanity, upholding as it did Vasudaiva Kutumbakam? When did the Yadavs, whose deity Krishna is a pan-Indian God, become backward; and, how did the Nishads, who were embraced by Shiva, another pan-Indian God - and who is himself referred to as Nishad or Kirat - become extremely backward? Sri Sri goes on to provide a stirring narrative of Dalits' contribution in the development of Sanatan Dharma by actually singling out 'non-caste' Hindus who helped in creating the concept of one-world-family.

Thus from Valmiki to Ved Vyasa, Sri Sri discusses the "caste" orgins of some of the greatest litterateurs and spiritualists of Hinduism and wonders why, when their works are venerated as the highest embodiments of Sanatani values, must their "caste" descendants be considered untouchables. Dalits have been an intrinsic part of the Hindu fold, and atrocities against them are a stigma on India's civilisational values and its old culture. The removal of this blot cannot wait, says the Guru with a transparent sense of urgency.

It was in this backdrop of reason and common sense that the conference pledged the adoption of a seven-point action plan, the first of which is the call for temple entry of Dalits. The rest of the pledges aren't really germane, for the most important one of them is the clear definition of public space, which must provide equal access to everybody into what amounts to the deepest matters of personal faith. Until Hindu society itself remains divided in an order that is exclusivist, the world will only scoff at its professions of Vasudaiva Kutumbakam.

[Mihir Meghani]

HAF Commends Caste-Reconciliation Efforts

WASHINGTON, DC (March 20, 2007) – The Hindu American Foundation (HAF) voiced its appreciation last week for an initiative of Hindu spiritual leader Sri Sri Ravi Shankar to improve relations between Harijans (also referred to as"Dalits") and other Hindus.

On March 9, 2007 the Art of Living Foundation, founded by Sri Sri Ravi Shankar, held a "Truth and Reconciliation" meeting in New Delhi. The event brought together Harijan and other Hindu community leaders for a dialogue to reinforce the mutual goal of ending social discrimination. Over 20 supporting organizations and nearly 5,000 people attended the public meeting and supported the effort.

Leaders at the conference adopted a seven-point action plan which addressed several issues: temple entry for Harijans, organization of common community celebrations, abolishing the use of separate utensils for serving different Hindu groups, empowerment of economically-disadvantaged women, access to educational facilities, education of Harijan children, and equality and justice for all individuals. These issues are also at the forefront for several Hindu organizations seeking to ensure fair treatment of Harijans and ensuring their human rights.

Sri Sri Ravi Shankar, in a recent newspaper essay, challenged the "narrow-minded" and casteist views of some Hindus, saying, "How can a religion that says ‘all this is Brahman and the universe itself is Upadaana Kaarana (the divine is material cause of the universe)’ sanction discrimination by birth?"

"We are delighted that prominent Hindu spiritual leaders are taking an active role in the fight against casteism," said Pawan Deshpande, member of the HAF Executive Council. "There have been many such attempts in the past by great Hindu saints and leaders to rid Hindu society of caste discrimination, and the modern present provides us all a great opportunity to make the dreams of those saints, sages and ordinary Hindus a reality."

[Jaya Kamlani]

Since the Dalits/Harijans were not treated in humanitarian ways in India, they did what people in their circumstances would do. They MASS CONVERTED. Please read following article.

http://news.yahoo.com/s/nm/20070527/india_nm/india300192 (full story)

“Indian low-caste Hindus, nomads convert en masse

MUMBAI (Reuters) - About 50,000 Indian low-caste Hindus and nomadic tribespeople converted to Buddhism before a vast crowd on Sunday in the hope of escaping the rigidity of the ancient Hindu caste system and finding a life of dignity.

Monks in orange and saffron robes administered religious vows to the converts as about half a million spectators, mostly Buddhists, cheered the ceremony at a horseracing track in downtown Mumbai. Some of the converts were low-caste Hindus once considered as "untouchables" by the higher castes, but most were members of India's numerous nomadic tribes......"

P.S: Don't you think it is time to get rid of the caste system in India?

Jaya Kamlani

[Jaya Kamlani]

Here's an article on the poor class of India (not necessarily the Dalits). For lack of a better place to post it, I am posting it here.

http://news.bbc.co.uk/2/hi/south_asia/6687545.stm (full story)

"Social security for Indian poor"

The Indian government has announced an ambitious social security scheme which is aimed at benefiting about 390 million poor, non-unionised workers. Once passed by parliament, the scheme will provide the workers with life insurance and disability protection. More than a third of India's population of one billion-plus people lives on less than $1 a day. Last year, the government launched one of the country's most ambitious efforts to tackle rural poverty.

The draft Unorganised Sector Worker's Social Security Bill, 2007 was cleared at a cabinet meeting presided over by Prime Minister Manmohan Singh on Thursday... More than 90% of India's workforce is not represented by organised trade unions. These workers earn their living as farm labourers, construction workers, brick kiln workers, and many are self-employed, with no access to social security benefits. Under the new scheme, the non-unionised, casual worker will be entitled to life insurance and health and disability benefits by contributing just one rupee (one cent) a day. The government and employers will also contribute an equal amount towards. Those earning less than 6,500 rupees ($160) annually will be designated as living below the poverty line, and their one-rupee share will be paid for by the federal government....

Jaya Kamlani

[Dwarika Nath Rath]

IS RAPE BECOMING AN EPIDEMIC IN GUJARAT?

GANG RAPE IN PATAN COLLEGE- A SHOCKING REVEALATION

It is not the saga of gang rape like Bilkis Bano in 2002 Carnage in Gujarat. It is the story of a poor girl student studying in Patan PTC College who became victim of gang rape by her six teachers of the same college. The lecturers of PTC college of Patan were empowered with internal marking, took the advantage of her poverty, and raped her 14 times in four and half months inside the college and in the village during internship. As other incidents, this incident too could have been dumped inside the four walls of Patan PTC college if she had not fainted during the prayer on date 31st January and the bold step taken by only lady lecturer Bhartiben Patel followed by courageous 97 girl students and their guardians. This incident has shaken the whole state and students and people are coming out spontaneously to express their anguish. The people of Patan are very angry and want exemplary punishments be given to those teachers.

Read the rest of the article here:
http://bellaciao.org/en/spip.php?article16615

Dwarika Nath Rath

[S.K.BHATTACHARJEE- NATIONAL PRESIDENT]

CONTACT US IF YOU NEED ANY HELP OR GUIDLINE IN INDIA:

CITIZEN FORUM ON HUMAN RIGHTS- INDIA
POST BOX. NO. 51, GANDHIDHAM- 370201
M: 09426215334 T/F: OFFICE 02836-2202123

[valrossie]

It is not the saga of gang rape like Bilkis Bano in 2002 Carnage in Gujarat. It is the story of a poor girl student studying in Patan PTC College who became victim of gang rape by her six teachers of the same college. The lecturers of PTC college of Patan were empowered with internal marking, took the advantage of her poverty, and raped her 14 times in four and half months inside the college and in the village during internship.
------------------------
valrossie
Internet Marketing

[Dwarika Nath Rath]

The Article for Indian Age REVISED Date- 21-11-08

TERRORISM AND HUMAN RIGHTS

By- D.N.Rath

THE SILENCE AND OUTRAGE

Suddenly there is ambiguous silence on GUJCOC after the of arrest of Sadhvi Pragya Singh. The euphoria that was on wheel has come to a sudden halt, where one after another related to Ahmedabad serial bomb blast and Surat are arrested. The ambiguous silence is very meaningful. The fate of the euphoria depends on the so called ATS’s finding of the involvement of so called terror trio, Sadhvi Pragya Singh, Lt. Colonel Srikant Purohit, self styled Shankaracharya Dayanand Pandey and others in series of bomb blasts in different parts of the country which has been castigated as UPA's vilification campaign" to "malign" Hindutva and vowed to counter "attacks on Hindu seers and Indian soldiers" Panipat Conclave with a -"inspired by political motives".which was attended by BJP President Mr. Rajnath Singh, RSS chief Mr.K C Sudarshan, VHP International President Mr.Ashok Singhal, VHP general secretary Mr. Praveen Togadia, Shankaracharya of Nirmal Peeth, chief ministers of BJP-ruled Himachal Pradesh and Uttarakhand, among others. In Rajnath Singh’s opinion, “It looks like part of a larger conspiracy. It is sending a wrong message to our brave Army, which is in the forefront of fighting terrorism in Jammu and Kashmir and the northeast.” There by a ploy to politicise by claiming to speak on behalf of Army. The Sangh Parivar has raised the issue that the Saints and the Sadhvis with the saffron clothes cannot be terrorist.

Is it the so called plank on terror for election has been lost ? And are they again trying to seize the opportunity to communalise the whole issue as an attack on Hindutva and create a communal divide?

The Gujarat Connection-The Military Camp in Gujarat

Gujarat is not free from the terror link. The military training in Bhat in Gandhinagar on the bank of Sabarmati which resembles Chambal by the controversial Lt. Colonel Srikant Purohit to 500 youths has come to light. The camp took place in an ashram between Ahmedabad and Gandhinagar. which belongs to the controversial Dayanand Pandey, who has five ashrams in Ahmedabad.

The close proximity of the trio, Sadhvi Pragya Singh, Lt. Colonel Srikant Purohit and Dayanand Pandey has become an open truth. It has also come out during the bomb blast that Sadhvi Pragya Singh as well as Dayanand Pandey were present in Surat, where 29 unexploded bombs recovered with the stamp of ordinance factory of Madhya Pradesh. Again Sadhvi Pragya Singh’s association with Swami Asimanand of Dang from 1998 and the arrest of Sunil Dahade close associate of Swami Asimanand from Vapi has raised questions about the Malegaon link to Gujarat. Swami Asimanand the main architect of Dang’s anti Christian drive in 1998 and reconversion resulting waves of attacks on Christians through out the country, gruesome killing of Fr. Graham Stein with his sons in Orissa, is now hiding and skipped to attend the much publicised Ram Katha in South Gujarat. Earlier there were instances of encounter deaths including Sohrabuddin in the state.

The Gujarat Police gave a clean chit to Sadhvi Pragya Singh but as the Gujarat links are revealed, now they want to question all the accused which the Nasik court denied and directed the Gujarat Police to follow official procedure

.

LEGACY OF NATHURAM GODSE

Himani Savarkar who said “ If we can have bullet for bullet why not blast for blast.” She gave a clean chit to Lt. Colonel Srikant Purohit and Sadhvi Pragya Singh and collecting funds for trial, and held meeting in Pune praising the martyrdom of Nathuram Godse and praising Lt. Colonel Srikant Purohit as Mangal Pandey of 1857and advocated for Hindu Rashtra and declared second class citizens those are against it.

The sudden visit of Ms. Himani Savarkar of Abhinav Bharat, the niece of Nathuram Godse to Baroda and the sudden appearance of poster pasted on the statue of Mahatma Gandhi in Baroda, saluting the martyrdom of Nathuram Godse to commemorate his martyrdom year. The gist of the poster is, “If dedication to the country is a sin I owe that sin, if it is holy, I have a right to claim it.” Nathuram Godse is dead but his legacy of hatred still thrives on. He is the martyr! But not a terrorist!

On the other hand Mr.Pravin Togadia is very active in defending those accused, “A Hindu by definition cannot be a terrorist.” “describing a sadhvi as a terrorist sin” Mr. Narendra Modi too said, that the Army officer were doing their duty for the sake of motherland and he charged the UPA Govt. deliberately attempting to demoralise the security forces, suspecting them to be behind terrorist activities.

On one hand VHP, BJP and RSS are sharing one platform, rousing patriotic frenzy and on the other hand Narendra Modi’s Govt. is dissociating from VHP for obvious reason known to himself. A phony war between Modi and VHP is going on where Mr. Ashok Singhal has come to take charge against Modi’s Govt.It is a manoeuvre trick by Modi to camouflage his relations with VHP and remain insulated from any eventualities. Of course RSS repeatedly reiterate that it would not campaign for BJP.

The link of terrorism is spreading the span from Malegaon to Nanded, Kanpur, Jammu, Samjhauta express and so on. More over there are series of accidental bomb blasts here and there in different parts of the country with the recovery of unexploded bombs. Are these incidents isolated ones as was told about the blast in Kanpur in last August where two activists of Bajrang Dal died while making bombs?

The elections are going on in six states. These issues may have some impact on vote bank for both Congress and BJP. Sadhvi Pragya Singh has already become the Poster girl for BJP in the election. The BJP never lost any opportunity to clamour for stringent POTA like law, whenever there was any bomb blast.

EUPHORIA FOR GUJCOC AND ZERO TOLERANCE

Gujarat has been demanding for GUJCOC which is denied by Congress led UPA Govt. at Centre .

The GUJCOC was passed in Gujarat Assembly in April-2003. It was returned by the NDA Govt. The GUJCOC was again sent back for approval on June 19, 2004 . The Gujarat government again passed resolution to give consent to GUJCOC in last September, 2008. The similar kind of law MOCOCA is operating in Maharashtra led by UPA, But MOCAO was introduced in Maharashtra when NDA was in power. A euphoria had been created centering round GUJCOC and Modi appeals the people, NRIs, to write postcards, send e-mails to P.M. He appealed to make it a peoples’ movement. Modi said “those who are less for terror and more for terrorists are the one who opposes GUJCOC and POTO”. A war hysteria like atmosphere was created against the UPA Govt. As if there is a warring situation between Centre and State.

In absence of GUJCOC or POTA the accused can be booked under Indian evidence act as now many are arrested as terrorist in Gujarat. But Modi wanted MOCOC and POTA like act. Mr. L.K.Advani goes to the extent “This is a war against Nation and not against any particular party” . He called for zero tolerance towards terrorism. Of course during the regime of NDA, when POTA was very much operative, there were attacks on Parliament, Akshardham and incident of going to Kandahar to negotiate with the terrorists and so on. As soon as POTA was scraped, by the UPA Govt. just before one month of its lapse UPA was promulgated with provisions of POTA except the clause on confession before police.

A case was filed in Gujarat High Court against UPA Govt. on consent to GUJCOC. The UPA government in its reply in Gujarat High Court said since GUJCOC is similar to POTA the Indian government is bound by its electoral promises, so it can not allow it. Where as Modi says “Without a tough law like GUJCOC I feel helpless in dealing with terrorism”.

Narendra Modi spoken to the Prime Minister in person in Ahmedabad: ‘I am anguished to note that the government of India has not given any serious thought to any of my suggestions. Let not another city be added in the list of terrorist attacks. Let not more people lose their lives and limbs..’ At one point it appeared that UPA Govt may concede to GUJCOC.

In the National Integration Council held on 13th October, the issue of terrorism was forced by the BJP leaders side tracking the issue of communalism in Kandhamal and Karnataka. Advani had declared BJP’s poll agenda, NDA will enforce POTA if elected at centre.

Whereas Congress advocates for Federal Investigating Agency which will contain terrorism more stringently. It is clear that “More draconian anti terrorist law” are in card whether it is a UPA or NDA led Govt. in coming days.

MODERN TERRRISM GIFT OF AMERICA

The modern terrorism is associated with liberalisation, globalisation and is a gift of American Imperialism. The U.S. Patriotic Act followed by the United Nations Security Council’s resolution 1373 against terrorism after 9/11 catastrophic incident in America, resulted endless bombing and devastating the whole Afghanistan to end the centre of terrorism and flush out Osama Bin Laden in the name of War on Terrorism. As the junior partner of the U.S. Imperialism, the then NDA government held the joint session of Lok Sabha-Rajya Sabha which was only the third time in the history of the Indian Parliament that the extraordinary measure of calling a Joint Session was taken. POTA became law with 425 votes for the Act and 296 against, after a 10-hours debate.

Ironically the then Jansangh and later BJP opposed D.I.R., MISA during emergency by Indira Gandhi. Advani pleaded to enact it as a ‘duty to International community.” Ram Jethmalani, who was Union Law Minister at the time POTA was passed, told the media later that he deeply regretted it afterwards. "I supported it only because it was done in obedience to United Nations Security Council resolutions," he said.

And the present Chief Justice of Supreme Court of India Mr.Balakrishnan says a draconian law is likely to be misused. But all the ruling parties in this capitalist society are fond of draconian acts in the name of ensuring rule of law.

DRACONIAN ACTS IN INDA

Though India attained freedom in 1947 , number of draconian colonial laws are still operative in our country. Soon after the Indian constitution was accepted in 1950, the Indian government Promulgated PD (Prevention-Detention) Act: which lapsed finally in 1969 and paving path for MISA. About 1, 11,000 people were detained under MISA during emergency by Ms. Indira Gandhi.

There are a number of oppressive laws passed in the name of curtailing “terrorist” activities. At the Central level, there is,

1 The Prevention of Seditious Meetings Act 1911,

2 The Armed Forces Special Powers Act 1958,

3 The Disturbed Areas Act, the Unlawful Activities (Prevention) Act 1967,

4 The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974,

5 The Disturbed Areas Special Courts Act 1976,

6 The National Security Act 1980,

7 The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act 1980,

8 The Anti-Hijacking Act, 1982,

9 The Suppression of Unlawful Acts against Safety of Civil Aviation Act 1982,

10 Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) [Because of pressure of people’s movement it was scrapped , but remained in force till May 1995]

11 The Religious Institution (Prevention of Misuse) Ordinance 1988,

12 The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act 1988,

13 The Indian Telegraph Act,

14 The Information Technology Act 2000,

15 The Prevention of Terrorism Act, (POTA) 2002 [The government was forced to repeal the law on September 21, 2004] and so on.

The list of State-specific legislation includes

1 The Jammu and Kashmir Public Safety Act 1978, the Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act 1988

2 The Assam Preventive Detention Act 1980,

3 The Maharashtra Prevention of Communal, Anti-Social and other Dangerous Activities Act 1980,

4 The Bihar Control of Crimes Act 1981,

5 The Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug Offenders Act 1981,

6 The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act 1982 and others like this.

7 The Gujarat Prevention of Anti-Social Activities Act 1985,

8 The Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act 1985,

9 The Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act 1986.

Inspite of all this, not only central government , many state governments want more and more stringent law. The Rajasthan Control of Organised Crime Bill, 2006 . A draft of the Madhya Pradesh Control of Terrorism, Unlawful Activities and Organised Crime Bill: A draft of the Andhra Pradesh Control of Organised Crime Bill are awaiting the clearance of the Central Government since 2006. There is Karnataka Control of Organised Crime Act 2002 in Karnataka. As a matter of fact MCOCA, KCOCA all these were came in effect during NDA rule and states were also ruled by BJP led NDA.

The Violation of Human Rights in India

The misuse of the draconian acts and violation of human rights in India in past has remain a major concern for all democratic loving citizens.. The Terrorist And Disruptive Activities (TADA) – Act in 1987 was one of the most draconian acts in India. TADA remained in force for 10 years (up to 1995) Due to country wide protest it was dropped in 1995.During this period. 77,500 people were arrested. Only 19,000 people were arrested in Gujarat alone, where there was no militant activities. Out of this only 8000 cases were tried and 725 persons were convicted with the percentage of 0.81%.

On POTA Justice A.S. Anand the chairperson of NHRC said, “It did have some provisions to safeguard against its misuse though those provisions may not be enough. Care has to be taken to see that the provisions of POTA are not abused. There are apprehensions that POTA can be misused. Any law can be misused. What we have to see is whether there is an inbuilt mechanism to safeguard the Act from being misused. But more safeguards are required to be provided against its abuse. The rights of a person in uniform are equally important as those who belong to civil society and a balanced approach to both was necessary. No civilized country could allow terrorism to flourish, but one has to differentiate between a criminal and a terrorist. While all terrorists are criminals, it does not necessarily mean that all criminals are terrorists.”

The NHRC warned that “ if enacted, would have the ill-effect of providing unintentionally a strong weapon capable of gross misuse and violation of human rights which must be avoided particularly in view of the experience of the misuse in the recent past of TADA and earlier of MISA of the emergency days.-” and stressed for proper investigation of crimes, efficient prosecution of criminal trial”. It again said it was not for any lack of laws but for lack of the proper utilisation of this laws, lack of proper investigation, prosecution and lack of adequate number of courts for trial of offense .

As mentioned above the TADA was grossly misused in Gujarat and so also POTA which was targeted particularly against the Muslim community. It was first used in Godhra riot case and the confession was derived by the police by applying usual inhumanly torture. The blind, disabled, youths & minors were not spared from being arrested under POTA. Despite the recommendations by the POTA Review Committee headed by Justice Jain they were not released. On Godhra train Tragedy , the Jain Commission found that, “there was no evidence to suggest that the so-called conspiracy was allegedly hatched with an intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people to qualify as a terrorist act, as defined under Sub-section 1(a) of Section 3 of POTA.” Though the Supreme Court has asked to drop the cases as per the recommendation of POTA Review Committee, they are yet to be released.

The figures of POTA detainees in Gujarat and all over the country will speak itself how it has been misused and how many are still in prison under TADA and POTA though these acts are lapsed. Justice Rajendra Sachar criticised the UPA Govt. for it’s failure to repeal POTA retrospectively. In June 2005 the POTA Review Committee reported that there were 11,384 persons wrongfully charged under POTA who should have been charged under regular law. According to Ministry of Home affairs , the NHRC recorded 6923 cases against the police, 35 against armed forces, and 39 against Paramilitary Force for violence against human rights in 2006 & NHRC has received 82,000 complaints of human rights violations during 2007.

Violation of Rights in Gujarat

According to Government of Gujarat figures, 223 persons remained "missing" after the 2002 violence, a majority of whom were Muslims. As per the version of family members and NGOs many were killed and their bones were found in mass graves. In December 2005 and August 2006, two such mass graves came to light in Kidiad town and in the Panam river bed near Lunawada town.

The Gujarat Government claimed that police initially arrested 5,384 persons in the city of Ahmedabad and 24,683 persons in the state as a whole and a very few number of these investigations actually led to convictions.. There was continued concern about the failure of the Gujarat government to arrest and convict those responsible for the 2002 violence. Convictions of Hindu perpetrators of the violence were minimal, while acquittals were common. According to an October 2006 report submitted by the federal government to an UN agency, six cases resulted in convictions, whereas 182 cases were aquittals. After agreeing to re examine the closure of 1,600 complaints as per instruction of the Supreme Court, Gujarat police concluded that a majority of cases could not be reinvestigated due to lack of witnesses. Empowered with POTA, there was ghettoisation of Justice in Gujarat .

Prevention of Anti Social Activity(PASA) is very much operative in Gujarat to control anti social activities. 40% cases lack evidence. In last two years , out of 3085 cases of PASA , the Review board has released 1175 due to lack evidence. In Ahmedabad alone out of 956 held under PASA, 236 released and similarly 246 out of 659 in Surat, 112 out of 429 in Baroda , 6 out of 6 in Gandhinagar. The use of PASA is more political than criminal or to enhance the figure of arrest for the sake of police record.

NECESSARY SAFE GUARDS

In the wake of violation of Human Rights related to terrorism the Amnesty International, UN Special Rappoprteur for Terrorism and Human Rights, Human Rights Watch and many others have always expressed concern that the human rights should be protected while combating terrorism. They have said laws against terrorism are ineffective and creating counter terrorists. They emphasised that the rule of law should be the bedrock of global fight against terrorism. The Amnesty International asked the Government of India to enact legislation to protect the Human Rights as per International Covevant on Civil and Political Rights and reform all Penal Code.

Former UN Secretary-General Kofi Annan has warned compromising human rights while fighting terrorism.

Even Supreme Court of India said in 1996, “Experience shows that worst violations of human rights take place during the course of investigation, when the police with a view to secure evidence or confession often resorts to third degree methods including torture and adopts techniques of screening arrest by either no recording the arrest or describing the deprivation of liberty merely as a prolonged interrogation”

Supreme Court also said terrorism thrives when human rights are violated. Justice Rajendra Gadkar expressed anxiety about the extra ordinary powers and warned the detrimental effect long back. He said, “freedom of the citizens cannot be taken away”. Justice Jain said every terrorist may be criminal but every criminal cannot be labelled as a terrorist to set the motion the more stringent provisions of anti- terrorist law.

The True Colour of UPA Govt.

But Mr. M. Verrapa Moily, the Chairperson of Administrative Reform Committee too favours stringent laws like POTA or TADA and says UAPA has no teeth in comparison of TADA and POTA where there are provision for designated courts and special courts. The Unlawful Activities (Prevention) Act has, however, have no provision for special courts. Moily says,“There is ample evidence to indicate that terrorists have been able to escape the law either by exploiting the loopholes or by intimidating witnesses to subvert justice,”. This reflects the attitude of Congress led UPA Govt. on Anti Terror Act.

Religion and Terrorism

Is there any link between Terrorism & religion ? Though this question surfaced in 2006 blast in Nanded it has come out again centering round the arrests of Pragya Singh, so called Shankaracharya - Dayanand Pandey. So long there was no problem when terrorism was associated with Muslims but as soon as Hindu terrorism is used, it has become difficult to digest.

The type of terrorism are different from place to place. The terrorism in Assam or the terrorism in Kashmir or in North East or previously in Punjab are different in nature and objective. The terrorism of PLO or the Irish freedom fighters are also different. There are 100 types of terrorism as per the definition of U.S. A. The Supreme Court of India also tried to define terrorism in a limited sense but there is no single definition on terrorism.

Face less Terrorism-

The terrorism is faceless and has no religion but the face was given to Islam after the 9/11 creating a Islamophobia through out the globe . The war on Terrorism was targeted towards Muslim. Of course the American society has tried to unmask the design of Bush of his War on Terror. The Oscar awarded film Farrenhit 9/11 by Michael Moore has raised the question on the so called War on Terror. A section in U.S. A. also believes that the attack on WTC was self implicated injury by Bush.

Prior to giving a name to the terrorism a conducive mind was prepared through world wide debate on the book ‘Clash of Civilisations & the Remaking of World Order ’ written by Huntington funded by C.I.A. and the opinion was created all over the world that Islamic world is barbaric .The fingering on Islam was so deep that one after another films were produced on Islamic terrorism and media was in sway. Film “Wednesday” is just an example in India.

Between 2004 and 2008, India has witnessed at least 25 major bomb blasts , in which 717 people were killed and hundreds injured. In all 8 Mosques and 2 temple were attacked. But all the time it was painted as the act of Muslim Terrorism. But why the Muslim would attack their own place of prayers - the Masjid ? The answer was that the Muslims are doing so to provoke the Muslims against the Hindus and all believed it because the propaganda machinery as well as the administration were hammering the mind of people continuously.

Undoubtedly both the BJP and the Congress are trying to garner votes in the present state assembly election and ensuing Lok Sabha poll centering round terrorism. When BJP term it as a political conspiracy and Congress accuses in the words of Abhishek Sanghvi as an attempt to “infiltrate, influence and convert” our institutions including the Army. Truly , the issue of Terrorism is lost in this electoral battle.

Infiltration of Militant Majoritism in Administration

It can be brushed aside that the Militant majoritism is being practiced for last twenty years and

entrenched into the govt. administrations. The film “Shaurya’ has tried to just give a hint of the attempt of safronisation of Army. Are the retired Military officers giving training to the Hindu militants in Bhosle Military academy in Nasik, which was founded by Munje in 1930s? The link of Military personnel, Sadhus, Sadhvi, Abhinav Bharat, Bajarang Dal, Durga Vahini and so on is an alarming signal. The involvement of captain Purohit is now an open truth.

.The Genuineness combating Terrorism

The Nanded Bomb blast which took place in 2006 was dropped in a hush hush way but why and under whose hidden instruction. And now on the eve of the election the UPA appears to be over enthusiastic to pursue the cases of bomb blasts one after another creating a shadow of doubts. Can it be ruled out that after so much exercise of the ATS and shadowing it’s web of enquiry length and breath of the country, creating so much hype with shocking news everyday would again be dropped out because of lack of evidence? In India many cases were dropped because of lack of evidence. Even the Muslims are suspicious about the time chosen by Congress led UPA Govt.to create such hype. Jain Hawala is just one to mention among many where from Advani was implicated

The Double Standard of Advani

On one hand there is a demand for stringent law against the terror and on the other hand the high profiled leaders like L.K. Advani , Rajnath Singh are vocal fuelling Hindu anger with a threat of civil war by Rajnath Singh which clearly exposed the narrow sectarian attitude of Sangh Parivar combating the terrorism. Tackling terrorism should be uniform and there should not be any discrimination between the religion. But unfortunately the whole Sangh Parivar has come out nakedly opposing the investigation of the Terror Trio and others by ATS. The judicial enquiry should be applicable to all the accused irrespective of caste, creed, position, religion, region where human rights be the core of concern for not only the human right activist but all ruling parties and Citizens . But it is absolutely missing from the so called aggressive protagonist of POTA, GUJCOC Mr. L.K.Advani, is very partisan. His utterances may give wrong signal to the investing agencies of the Govt. The leading News Papers of the country have cautioned BJP and Advani for the irresponsible outrage and to mind his words.

Extra-constitutional means to defame Terror probes

Advani who tried to remain aloof from the whole issue and was in dilemma to own or disown Sadhvi Pragya Singh, now he has opened his mouth, when Pragya Singh alleged in her affidavit that she was , “physically and psychologically tortured and abused in obscene language “in custody. At this the heart of Advani melted and outrageously said, "barbaric treatment" meted out to a "spiritual person". Advani who had so far taken the “terror is terror” line, maintaining that the BJP has nothing to do with Pragya Singh and, if found guilty, she should be punished. The Prime Minister of India Mr. Manmohan Singh called Mr. L.K. Advani to allay the fear on investigation by ATS and sending the National Security Advisor Mr.M K Naryanan to meet the BJP leader on Friday to discuss the ongoing ATS probe where Intelligence Bureau ChiefMr. P C Haldar will also be present.To this Advani reportedly told the Prime Minister, “They are welcome. But no one can restrain me from reacting to such barbaric treatment to a sadhvi, sanaysin.” It is yet to be seen what is going to happen after the 26th. November Religious meet in Delhi which was decided in Panipath Conclave.

All the accused under POTA in Godhra cases like Maulavi Umarji were similarly treated. Blind and boys of minor age were not spared.Their affivavites were not admitted or read.The tearsof the family members never moved the heart. Of course there is “No Remoarse”. Though POTA review Panel recommended to drop the cases due to lack of evidences. The Supreme Court has also asked to drop the cases but the Godhra accused are still languishing in prison and never Advani or his comrades in arms expressed any concern for them. Now the MCOCA has been invoked on all ten accused as a part of an organised crime syndicate where the confession before the police is considered valid.. This MCOCA was made applicable in Delhi through a Home Ministry order of February 1, 200 by N.D.A. Govt.

What MCOCA can be?Death sentence or life term and a penalty of Rs 10 lakh,Special courts to try terrorism cases in time-bound manner,Bail provisions tougher than those in CrPC,Attachment of property bought by terror funds,Cops can intercept, record electronic & oral communication, Statements given to police admissible as evidence in court.

The ATS finding can be questioned. Even the Narco test is a human right violation. But, Justice Manmohan of Delhi High Court has upheld the validity of Narco analysis in view of “growing terrorism and heinous crime" and emphasising the Constitutional rights remain infringed and thorough and proper investigation be under taken.

Compensation are declared for the alleged accused arrested in Hyderabad bomb blast by Andhra Pradesh Govt. Will the same will be followed in Gujarat and other states?

What Mr. Advani and his colleagues should learn from this Malegaon Sadhvi episode that draconian laws, like POTA. MCOCA or GUJCOC can back fire. There should be a general consensus for judicial enquiry and criminal Justice and respect for human rights and democratic rights. The emergence of extra constitutional power based religious fundamentalism has to be contained to safeguard the multiculturalism tradition of our country. But Kandhmal is still on boiling pot. As per the Chief Minister of Orissa the normalcy is yet to be restored. All Orissa Bandh call has been given again this year on 25th. December. The tribal organisation headed by Kui Samaj has given a fresh call demanding the with drawl of Military force from Kandhmal. More over sordid tale of the gang rape of the nun which shocked the Nation is facing now public rape in the name of defaming Hinduism.

A Fatwa against Terrorism

All the human rights organisations of our country and the world have expressed concern for the detainees and the accused and raised voice against the abuse of power which must be honoured. Here the Sangh Parivar has absolutely failed to rise above their narrowness. How far it is advisable to use extra-constitutional means to defame terror probes. The core of the all religion is peace. Recently the Muslim clerics gathered in Hyderabad and condemned terrorism and are out to spread the message of peace throughout the country. They have declared Fatwa against Terrorism. In contrast the Hindutva forces are spreading the hatred without having a scant respect for Multi Culturalism, endorsing the Golwalkar’s dictum who said, that Hindus could profit from the Nazis who raised race pride by purging the Jews. He said the foreign raiders of Hindustan , the Muslim and the Christians must accept Hindu Culture or subordinate to Hindu Nation claiming nothing, deserving no privilege.

Custodial Deaths -Alarming

Once one is in police custody, the hell fall on the accused. There are many custodial deaths in the country, and the third degree method is applied to derive confession with utter disregard to the warning from Supreme Court, NHRC and other human rights organisations. The statistics of NHRC shows that in the last five years 7,468 persons at an average of 1,494 persons per year or four person in a day died in police and prison custody in India from 2002 to 2007. However, these figures represent only a fraction of the actual cases of torture. Cases of torture not resulting in death are not recorded. But once one is accused as a terrorist, there is absolute rationalisation of violation of all kinds of human rights. This is case in Guantanamo or the Iraqi prisoners treated by the U.S troops.

Under these circumstances can we distinguish between their terrorist and our terrorist? Let the law take its course. Let the investigation on terrorism be meticulous, impartial and transparent.

Resist Fascist onslaught

The fundamental rights of the citizens are inscribed in our Constitution. But it takes no time to trample them in the name of country’s security. Due to bad governance there are communalism, casteism, parochialism, regionalism, terrorism and to control them draconian laws are enacted. The power has been concentrated in the hand of bureaucracy. The rule of law replaced by rule through draconian laws.

There is a competition between the ruling parties who can provide stable govt. to keep growth rate of the economy in the name of globalisation and liberalisation unchecked so there is a peculiar combination of development with the violation of human rights in the name of war on terrorism. In the present neo liberal economy and the issue of terrorism is taking centre stage and the mind of the people is diverted towards communalism and ethnic conflict.

There is a competition between main ruling parties Congress and BJP who can be more effective, soft or hard towards terrorism. In this conflict the core issue of terrorism is lost and the human right is crucified. Under this circumstance when there is Kandahmal and the serial bomb blasts across the country, the implication of draconian acts of POTA or GUJCOC has to be grasped.

A true religious person can never support terrorism on behalf of his / her religion. The self proclaimed appointee of these terrorist organisations operating in the name of religion must be combated and isolated not only by a political will of the govt. but by creating a strong socio political cultural movement involving the broadest section of the people infusing the spirit of religious tolerance and secularism. More the secularism is strengthened in the society the religious fundamentalism and terrorism is defeated. Terrorism should be dealt firmly involving the whole society, by de-communalisation and de-criminalisation of police and the administration.

Date- 20-11-8.