Thursday, January 28, 2010

[ZESTCaste] The Constitution Of India As A Tool Of Resistance

http://www.countercurrents.org/kunhu270110.htm

The Constitution Of India As A Tool Of Resistance

By Bobby Kunhu

27 January, 2010
Countercurrents.org

In June 2001, when my good friend and activist, John Abraham from
Punthamba, Maharastra was arrested by the police under the draconian
legislation Maharashtra Control of Organised Crimes Act, 1999 for the
offense of having mobilized Adivasis for demanding their right to land
and livelihood, the evidence that the police gathered from his
residence (before the charges under MCOCA were dropped) were copies of
the Das Kapital and a land rights Advocacy Update published by the
National Centre of Advocacy Studies. In my opinion, the police missed
a more important subversive document that was in his library – a
document that lent more credibility and substance to the struggle that
he was involved in – the Constitution of India!

At the threshold of the celebrations of the 60th anniversary of the
birthing of the Republic of India, the Government of India seems to be
guilty of either being blissfully unaware or willfully subverting that
document, purportedly sanctioned by, "we, the people", from which it
draws its own legitimacy – the Constitution of India! On the one hand,
the government, while admitting its own failure in ensuring
development is engaged in an extra-judicial and unconstitutional war
against a section of the group constituting "we, the people", on the
behest of non-people in the guise of Operation Greenhunt. While on the
other the, colossal injustices against large sections of peoples
remain unaddressed. The quarter year to the run-up to the 60th
anniversary of the Republic alone has seen a number of anniversaries
of unaddressed injustices – just to list a couple of those that hit
silver jubilees last year – the Bhopal Gas Leak and the anti-Sikh
riots – apart from the unmentioned violence and deprivation faced by a
large majority of the peoples particularly from the marginalized
sections and the newer injustices that were unleashed in 2009 and
might see anniversaries of State apathy in the future.

For me, the politics of anniversaries of injustice holds special
significance, especially in an increasingly neo-liberal paradigm. It
is precisely these anniversaries that would tend to appropriate the
celebrations of the 60th anniversary of the Republic of India and
re-appropriate the Constitution of India as a document that was
artfully negotiated to represent the aspirations of the marginalized –
assert a narrative conspicuously missing from Constitutional History
courses and Civics syllabus! A time to relocate the roots of the
Constitution of India from the Government of India Act, 1935 to the
1932 Poona Pact in mainstream national historical discourses.

The Poona Pact is often relegated to a negotiation on separate
electorates for Dalits. The truth is more complex and needs to be seen
through a prism where the Ambedkar persona represents the aspirations
of the communities with ascriptive disabilities and the Gandhi persona
as representative of the Savarna interests in all its manifestations.
There can be no better evidence for this than the fact that the
backdrop for the negotiations for the Poona Pact was the All India
Depressed Classes Conference convened under the leadership of none
other than Shyama Prasad Mookerjee – a congressman then, and one of
the chief architects and pioneers of the Hindutva ideology, a patron
of the RSS and founder of the Bharatiya Jana Sangh, the predecessor of
BJP. Interestingly, neither Ambedkar nor Gandhi participated in this
conference. While a range of Congressmen including Mookerjee were seen
as representing Gandhi at the Conference, Ambedkar was represented by
a lone Rajah, a Dalit leader from Tamil Nadu, who acted as the
go-between.

Multiple mainstream sources including wikipedia tend to suggest that
the Ramsay MacDonald's communal award or separate electorates for
Dalits was wrested in the backdrop of Gandhi's boycott of the 1930-32
Round Table conference. I would believe it was the intellectual force
and rootedness of Ambedkar's arguments that the British government
gave in to. This necessitated that the negotiations had to be carried
out with Ambedkar and not the MacDonald government – though in
hindsight, one could speculate that Gandhi might have preferred
negotiating with the latter. These negotiations and the Poona Pact
thereafter, that was wrested after considerably arm-twisting Ambedkar
had a definitive role in the evolution of the Constitutional History
of India.

This also ensured that Ambedkar's position with regard to the future
round table conferences and more importantly, along with his
intellectual clarity and Constitutional expertise, I believe that it
earned him the Chair of the Drafting Committee of the Constitution of
India rather than any imagined Nehruvian largesse or benevolence.
Mainstream historical prejudice in this regard can be seen from the
way Gandhian non-violence is privileged over the more difficult
non-violent struggle that Ambedkar waged overcoming ascriptive
disabilities and finally embracing the most non-violent of religions –
Buddhism!

Regardless of what Arun Shourie and his ilk have to shout from
rooftops, Chritophe Jaffrelot, demonstrates clearly and succinctly the
role that Ambedkar played in defining the architecture of the
Constitution of India. He postulates this as the "revenge on Gandhi by
a westernised democrat", where he is referring to the role played by
Ambedkar in defining the contents of the Fundamental Rights chapter of
the Constitution within his own ideological framework – largely
influenced by his caste experience and an utilitarian liberalism and
the relegation of Gandhian principles, to a non-enforceable Directive
Principles of State Policy.

Interestingly the Judiciary has asserted the centrality of Ambedkar's
vision of the architecture of the Constitution of India in evolving
the Basic Structure Doctrine and predominance of place given to the
fundamental rights chapter. It is precisely this vision that also came
to the rescue of the Indian democracy in the aftermath of the dark
days of the Emergency. It is also fascinating to note how this vision
has been progressively used by the Judiciary, particularly in the days
of evolution of Judicial Activism in trying to secure socio-economic
justice within the paradigm of Constitutional Rights particularly
vis-à-vis marginalized communities.

It is in this context that it becomes important to read the history of
the Constitution of India as being rooted in the Poona Pact,
re-appropriate the Constitution of India as a document representing
the aspirations of marginalized communities, be it Dalits, Adivasis,
religious or sexuality minorities, women or whomsoever and use it as a
tool of resistance against subversions by State and non- State actors!


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[ZESTCaste] Tension in Yavatmal after desecration of Ambedkar statue

 

http://www.newkerala.com/news/fullnews-39413.html

Tension in Yavatmal after desecration of Ambedkar statue

Yavatmal, Maharashtra, Jan 27 : Tension prevailed at Wani, some 150
kms from here in Yavatmal district since this morning when some
miscreants vandalised the statue of Dr Babasaheb Ambedkar.

According to police, agitated people burnt tyres on the roads and
called an impromptu bandh in the area.

Educational institutions remained closed and vehicular traffic was
severely disrupted. Later, a huge mob rushed to the office of the
Sub-divisional Officer demanding action against the unidentified
offenders.

some unidentified miscreants allegedly threw filth on the statue of
Ambedkar at Ambedkar square in Wani late last night.

After it came to light next morning, the police personnel immediately
cleaned the statue. But, by then the news of statue desecration have
spread. A large number of Ambedkar supporters gathered at the spot and
staged a protest.

District Superintendent of Police Rajesh Pradhan reached Wani and
reviewed the situation. The police have made elaborate security
measures and additional forces have been rushed to keep the situation
under control.

The SDPO, Wani, Vinod Patole informed that the situation was tense. No
untoward incident has been reported and the situation was under
control, he said.

--UNI

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[ZESTCaste] Justice for Dalit women in Chitradurga

http://www.dnaindia.com/bangalore/report_justice-for-dalit-women-in-chitradurga_1340104

Justice for Dalit women in Chitradurga
Hemanth Kumar & Senthalir SThursday, January 28, 2010 10:27 IST

The superintendent of police (SP) in Chitradurga, on Wednesday,
ordered the immediate arrest of eight men for allegedly beating up a
Dalit woman and parading her naked through Lakshmisagar, a village in
the Challakere taluk.


He also directed a
thoroughhttp://www.dnaindia.com/bangalore/report_justice-for-dalit-women-in-chitradurga_1340104
probe into the reported rape of Dalit women of another village in the
same taluk.

The order to arrest the suspects, allegedly part of a mob of about 30
to 40 men, followed a report in this newspaper, Villagers parade Dalit
woman naked, published on Wednesday.

DNA had also packaged another report on its front page, drawing
attention to the plight of Dalits in Budihalli village. "…women in all
the 30 Dalit families living in Budihalli have either been raped or
sexually harassed by landlords," the report said.

The SP, Labhuram, said the police had intensified the probeinto the
alleged case of atrocities on Dalits.

Responding to the reports, Janardhana Swamy, the parliament member
representing Chitradurga, said he would look into the details and
direct the district administration to act swiftly to provide justice.

Bhagyamma, aged 25, was beaten up and dragged naked through the
Lakshmisagar village for helping a Cupid-struck couple elope.

While the girl belonged to the Nayak community, the boy was a Dalit.
The men, all from the girl's community, also assaulted her husband on
January 17.

In her complaint, Bhagyamma had named eight men as her tormentors:
Vasanth (son of Shivanna), Prakash (s/o Bhangira Obanna),
Hanumanthappa (s/o Huliyappa), Prakash (s/o Chidandappa), Obanna (s/o
Kuruvanoor Obanna), Manjunath (s/o Shivanna) Kumar (s/o Muddeloganna)
and Suresh (s/o Eshwarappa).


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[ZESTCaste] Untouchability is still practised in Swarnim Gujarat: Report

http://www.dnaindia.com/india/report_untouchability-is-still-practised-in-swarnim-gujarat-report_1340086

Untouchability is still practised in Swarnim Gujarat: Report

Paras Jha / DNA
Thursday, January 28, 2010 8:51 IST

Ahmedabad: For Dalit communities in Gujarat and in the country, even
after 60 years of India becoming a republic and 50 years of Gujarat
becoming independent, nothing has changed much. A study conducted by
Navsarjan and Robert F Kennedy Centre for Justice and Human Rights,
revealed that nearly 98% untouchability is practiced by Non Dalits
(ND) on Dalits for serving tea and more than 97% in matters such as
touching articles of worship, during Katha, religious services by ND
priests, temple entry etc.

The result of the study was released on Wednesday by Prof. Sukhdev
Thorat, chairman, University Grants Commission at Gujarat Vidyapith,
in presence of social scientist prof. Ghanshyam Shah, Gujarat
Vidyapith, vice-chancellor prof. Sudarshan Iyengar, retired Justice of
Rajasthan High Court, AP Ravani, Central University of Gujarat
Vice-Chancellor prof.RK Kale, social activist Indukumar Jani, Dalit
activist and founder of Navsarjan Martin Macwan and Navsarjan's
executive director Manjula Pradeep.

Appreciating the study, the experts expressed the dire need for action
to be taken to eradicate this 3000-year-old practice of untouchability
and social discrimination. Prof. Thorat said, "This is a widespread
study, so it can't be questioned and may be applicable to other areas
of the state also. This study reflects the reality of Gujarat's social
situation."

Indukumar Jani said, "This report has thrown light on the fact that
our age old mentality has not yet changed. Caste system will only be
eradicated if the citizens of the country are sensitised."

Sudarshan Iyengar said that, "though we are celebrating Swarnim
Gujarat, looking at the facts revealed in the study is like spoiling
good fish with an ill sauce. Social distances between Non-Dalits and
Dalits had reduced when Mahatma Gandhi and Babasaheb Ambedkar were
alive, but after their death the situation has not been changed."


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[ZESTCaste] Temple car burnt in Omalur taluk

 

http://www.expressbuzz.com/edition/story.aspx?Title=Temple+car+burnt+in+Omalur+taluk&artid=zOr3MIwdMZA=&SectionID=vBlkz7JCFvA=&MainSectionID=fyV9T2jIa4A=&SectionName=EL7znOtxBM3qzgMyXZKtxw==&SEO=

Temple car burnt in Omalur taluk

Express News Service

First Published : 27 Jan 2010 02:32:00 AM IST

Last Updated : 27 Jan 2010 08:27:10 AM IST

SALEM: Tension prevailed at Tholasampatti village in Omalur taluk on
Tuesday morning after a temple car belonging to the Apparameya Perumal
Temple patronised by Mudaliar community was burnt on Monday night and
subsequent retaliation by the Mudaliar community.

Members of the Vidudhalai Chiruthaigal Katchi staged a roadblock
condemning the damage done to the houses of the Dalits.

They alleged that the officials were supporting the caste Hindus and
blocked both Salem-Mettur road and the Salem- Bengaluru highway for
more than an hour.

The car belonging to the Apparameya Perumal Temple was taken on a
threeday visit around the village and returned on Monday night to the
temple. Around midnight, some miscreants set it on fire.

As it was the last day of the temple festival, villagers returned home
late in the night, and noticed the temple car aflame.

The locals managed to douse the fire and prevented the car from being gutted.

However, the top portion of the car and the decorations were charred.

Suspecting that the miscreants were Dalits from Ambedkar Nagar, the
Mudaliar community people picked a quarrel with them. Stones were
allegedly pelted on the houses of Dalits, in which roofs of four
houses were reportedly damaged.

The Omalur police said they are inquiring into the incident and a
revenue magisterial inquiry has also been instituted.

Omalur Tahsildar Rajeswari chaired a peace meeting on Tuesday evening.
No arrests have been made in connection with the incident. A large
posse of police has been deployed at Tholasampatti to prevent any
untoward incidents.

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[ZESTCaste] SC may clear upkeep of memorials

http://www.indianexpress.com/news/SC-may-clear-upkeep-of-memorials/572192

SC may clear upkeep of memorials
Krishnadas Rajagopal Posted online: Thursday , Jan 28, 2010 at 2306 hrs
New Delhi : Noting that "monuments erected should not look dirty", the
Supreme Court on Wednesday appeared to soften its stand on the Kanshi
Ram Memorial Sthal, Mayawati's pet project in Lucknow, when it
indicated that there was no harm in carrying out maintenance work of
the structures worth Rs 2,600 crore of tax-payers' money.
The court had on September 11, 2009 ordered the immediate stoppage of
all construction activities at the memorial park and warned Chief
Minister Mayawati from "playing with fire" by carrying on construction
activities on the pretext of doing maintenance work.

"What harm would it do if they (UP government) had to polish the
stones (at the memorial)? Whatever monuments created should not look
dirty," a Division Bench of Justices H S Bedi and A K Patnaik
observed.

The court agreed to a suggestion by UP government counsel and senior
advocate Harish Salve to file an affidavit on Thursday, detailing
exactly the kind of "maintenance, repair and cleaning" works the state
plans for the site. The affidavit will be prepared and signed by the
"officiating UP Chief Secretary", the court ordered.

Salve said that what had been widely interpreted as "construction
work" at the memorial park in September 2009 had really been some
workers "polishing" the constructions.

The Supreme Court had taken suo motu notice of media reports that work
on the memorial for Kanshi Ram, B R Ambedkar and other dignitaries was
on in "full swing" despite an undertaking given on September 8 last
year that construction work will be stopped.

"There was no further construction going on. Certain constructions
were made, those constructions were being polished. Why should the
court say that no stone should be polished, no debris be removed?"
argued Salve.

At this point, senior advocate Abhishek Manu Singhvi, appearing for
petitioner Gomti Jan Kalyan Vikas Samiti, asked for an explanation
about the pressing need for maintenance work. "Nothing has come
crashing down in the past three months (since the September 11
order)," Singhvi retorted.

Senior advocate Rajiv Dhawan, representing another petitioner, also
pitched in with Sighvi by pointing out that the UP government could
always go to the state High Court, which is "closer to them if they
want some maintenance done".

But Salve was undeterred: "It is clear somebody wants to score a
point. You will say when I am building a roof, when all I am doing is
repairing the roof."

"We will not add to constructions. If it has to remain shut down, it
will remain so," he assured the court.

A suggestion from the petitioners' side that a Court Commissioner be
appointed to check if the government "does nothing else other than
clear the construction site" whittled away after Salve assured the
Bench that the "Chief Secretary is giving his word" in the matter.


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[ZESTCaste] Meeting of streams (Kancha Ilaiah)

http://www.deccanherald.com/content/49214/meeting-streams.html

Literary festival
Meeting of streams
By Kancha Ilaiah

Literary festivals teach how to connect oneself to the social mass
culture, if one is doing the transformative writing.


I have just returned from the Jaipur Literature Festival having spoken
at two sessions, 'Outcaste and public conscience' and 'The journey to
childhood.' A group of writers and artistes has been holding this
conference for five years now. The attendance at the conference was
amazing. Intellectuals from several fields had gathered in that city
of history and culture of its own.

As I participated in this festival for the first time, that too as a
speaker on a subject — caste and untouchability — it opened my eyes
for two reasons. One, it had shown me how big is the literary world.
Two, it also has shown me how small is the presence of Dalit-Bahujan
writers and readers in such a globally visible conference.

It had drawn writers, poets, artists, painters, actors and playwrights
from all over the world. Of course, the focus was by and large India.
Apart from the writers in English language there were some Hindi
writers. By all standards it was an elite conference but one could see
writers whose interests and commitments went beyond their elitism.
For the first time I realised that literary festivals also teach how
one should connect oneself to the social mass culture, if one is doing
the transformative writing. Though the writing for pleasure and fun
would also have some transformative element in it, the writers who
write for radical transformation of the society need to work with a
different language and idiom.

I was trying to learn from my readers — surprisingly there were quite
few of them in that conference — how my English language and idiom was
communicating. I met a cross section of my readers both from India and
abroad.

A Bhutani woman writer told me that though she was a writer herself
with a vast reading she never knew that caste was such a big problem
in India. Of course the responses vary depending on the caste
background, age and experience of the readers. But one common point
was that the Dalit-Bahujan writings have shown them a different India.
In a conference where the presence of Wole Soyinka to Gulzar-Girish
Karnad to Christophe Jaffrelot to Mark Tully to Omprakash Valmiki and
P Sivakami (both well known Dalit writers) very different and varied
experiences of writing and the themes that they work got discussed.

India revealed itself in many different ways. In a country, where the
upper caste elite including the writers do not have a sense of shame
and guilt, such literary festivals work as a place for exchange of
ideas. This is a country where sex is discussed and written about from
Vastayana days onwards but caste was an issue of shame about which
they never wanted to discuss and write about.

Copyright
When Nayantara Sehgal (Nehru's niece) said at a panel discussion on
Edwina and Nehru's relationship that the copyright holders of Nehru's
letters to Edwina wanted to hide the simple fact that "our politicians
too have sexual organs," she was just making a known point.

But this is the same country that had hidden the fact that it has a
horrendous system of caste and untouchability from the rest of the
world. For all these years the copyright of caste remained with them
and they never allowed it to be written about and published.
The caste and untouchability was/is there as part of our day to day
life for so long but any writing about it shamed them and they have
hidden their guilt as it involved an immoral intercourse between two
human beings — a Dalit and a Brahmin. At least this literature
festival has lifted the veil.

After Valmiki, Sivakami and I got off the stage there were several
young people, who rushed for our autographs. Though I did not ask them
about their caste background, there was no way that there could be
many Dalit/OBCs among them. Such a response from the upper caste
English medium educated youth certainly opens a page of hope.
No positive writer, who writes for the transformation of the society
like India, wants a civil war for its own sake. But the change could
be smooth and peaceful only when the upper caste intelligentsia begins
to act on its sense of shame and guilt. A transformative book writing
is meant to work both ways. It is meant to embolden the weakest and
also meant to weaken the spirit of exploitation of the oppressors.

If writing helps even a section of oppressors to stop oppressing the
oppressed and they begin to understand the point of view of the
oppressed the role of writing becomes more meaningful. The Jaipur
festival has shown the signs of such positive exchange of views.
But this is only one side of the story. There could be another side as
well. The Dalit-Bahujan literature is not yet seen as part of the
mainstream. To make the Dalit-Bahujan literature mainstream literature
either the streams need to be changed radically or the small steam
should become big enough so that the others have no way but cross it
by swimming, and not jump it over.


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