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Editorial

A horror story beyond belief

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The rape and murder of 8-year old nomad girl-Asifa-in Kathua is not just another isolated or routine incident that India is prone to. In India after every 30 minutes a woman is raped or molested in one or the other part of the country. But the Asifa’s case is a horror story beyond usual sexual violence in India. The 15-page charge sheet the investigating agency Crime Branch of Jammu and Kashmir Police filed in the court has heart-wrenching details. It was a premeditated and pre-planned crime committed with an aim to scare away the Muslim nomads residing in the area. It is quite disgusting to note that a religious place (Hindu temple) was used for committing the crime. According to charge sheet, Sanji Ram, the temple’s custodian, devised the plan as a way to terrorize the Bakarwals, and that he enlisted a nephew and some friends to kidnap and kill Asifa. Police say they believe Asifa was selected simply because she was by herself and “a soft target.” Asifa was kept captive in a temple where she was sedated, raped and later murdered. All this happened under the watch of temple custodian Sanji Ram. His son, nephew and a special police officer Deepak Khajuria are alleged to have raped the girl multiple times for around a week. She was not given any food during this period, and instead was put on sedatives to ensure that she would not cry out loud when tormented, not even when she was strangled. Words fall short of describing the bestiality and savagery the hapless girl had undergone. When she was taken out of the temple to execute the plan to kill her, Deepak Khauria, the main accused, asked them to wait as he wanted to rape the girl once more before she was killed. She was raped ‘one last time’ just before hitting her with a stone twice on her head to ensure she was dead. Days later, Asifa’s crumpled body was found in the forest, in the same purple dress, now smeared with blood. But in the months since Asifa’s murder, the case has become another battleground in India’s religious wars. Hindu extremists have rallied around the rape-accused and have publicly demonstrated support for them. Several BJP leaders and minister (two) besides hundreds of middle-rung Congress leaders and activists sided with the rape-accused. Some days back, a mob of Hindu lawyers physically blocked police officers from entering a courthouse to file charges against the men. The officers retreated to a judge’s house later in the evening to complete the paperwork. Protests and counter-protests are now spreading. Jammu city reeled under a protest shutdown on Wednesday at the call of High Bar Association. The shutdown had the support of all major political parties including Congress and the BJP (though covertly) besides business and traders associations. However, the light at the end of the tunnel was the angry response by media and civil societies across India against the ghastly incident and its sponsors. The TV news channels have virtually launched a campaign (for justice for Asifa) and have driven the BJP, which is seen as protecting the rape-accused for mere religious considerations on the mat. o. It is sad on the part of the Prime Minister Narendra Modi that he is yet to react or comment on the barbaric incident. Social media, while mocking at the Prime Minister’s much-publicized “Beti Bachao” (Save Girl child) slogan, has reframed it as BJP’s warning to parents—Beti Bacha. Congress President Rahul Gandhi has termed the rape and murder of the powerless girl as “unimaginable Brutality and crime against humanity”. But this only speaks of the hypocrisy Congress stands for. The Congress party is as supportive of the perpetrators of the crime as BJP. The Jammy High Court Bar President, who is spearheading the campaign to protect the rape-accused is a know Congress man. The Congress also supported the general shutdown in Jammu on Wednesday in support of the rape accused. Chief minister Mahbooba Mufti deserves a word of appreciation for, so far, showing determination and not succumbing to any pressure from any quarter. It is real test of nerves for the chief minister. She should rather take more courageous stand and sack BJP ministers—Lal Singh and Chandra Prakash Ganga—for giving communal colour to a criminal case and supporting the rapists and murders.


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Editorial

Politics of deceit

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Far away from the ideal perspective, success in politics demands one to have the ability to control truth and lies and, more importantly, the middle ground between the two. These days, the politicians of Jammu and Kashmir are clearly following this ‘success mantra’. We see them cautiously choosing their words depending upon the audience they are addressing. In the valley, they pose as the messiahs of the people, trying to warp the listeners with their politicking of deceit and double-talk. Elsewhere, they conjure tricks up their sleeve: When in Rome do as the Romans do. While ‘autonomy’ and ‘Kashmir struggle’ become a dominant part of their glossed glossary here, elsewhere, it is ‘Kashmir belongs to India’ parroting that defines their boondoggle of political careers.

Be it the leaders of National Conference or Peoples Democratic Party, their seemingly heartfelt gestures on and about Kashmiris and Kashmir these days are a perfect example of this paradox. Few would dispute with the fact that politics of deception has become a fundamental technique for survival in politics. This is practiced by almost all the politicians in the state. In the midst of all this experimentation is the commoner in Kashmir finding him/herself turned into a lab-rat, peeled and pricked, ridiculed and tricked, again and again. Politicians here are stricken with recreating the tapestry of their fake achievements embedded in the notion of selective amnesia. They pull and tear each other down in an attempt to what is being referred to as ‘regaining lost ground’. What ‘gain’ on which ‘ground’ depends where they stand and deliver their cantankerous speeches­–ones that make a lot of noise but change not a bit. We are dog-tired questioning the politicians, who zealously pursue their politics of balancing truth and lies. It is the seemingly sheep of a people here (read every section of the society including the media) that makes an interesting case. Bedazzled and bamboozled we become each time the politicians juggle in front of us. Their tricks are old and repeated, bereft of any pledge, turn and prestige. But as nonchalantly as ever, we always rouse to them in tumultuous applause. We march on their chants exactly how Orwell’s ‘sheep’ did to ‘Napoleon’ in ‘Animal Farm’. The world apparently knows Kashmir as a place of confrontation and struggle, but the rules here are not that hard and fast. They are always moulded in the cauldron of lies and fake hopes. It is not surprising that politicians come back to people, impenitent and equally poised, knowing that they will ultimately get what they want from them. Suggestions aside, it is time to shatter that poise and make them aware of their wrongdoings. It is time to stand-up, ask those tough questions and not take trickery or blabber as an answer.

 
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Editorial

For the immediate attention of the Governor

The Kashmir Monitor

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It is an oft-repeated story. The winter’s only blessing and charm—snow—always turns into curse in Kashmir. People, who, generally, crave for the snowfall in winter, rue when it actually happens. Not that there is something wrong with the aesthetic and arty sense of the people, but because of the problems they are subjected to after the snowfall. It goes without saying that the snow is the only attraction for people in winter. This year God has been quite gracious to bestow His blessing on Kashmir in the shape of snow. It is for the third time that the valley witnessed a rich snowfall adding a new charm to this beautiful part of the world. The entire valley and its surrounding mountain peaks give a striking charm with white snow capping and covering them all. Social media is agog with photographs and videos of snow accumulating on streets, house lawns, trees and house tops. Videos capturing citizens celebrating the snow fall with awesome charm gave a new meaning and sense to the winter. The whisper of swirling and falling snowflakes evoked a sense of extra delight, marking the arrival of a new feeling to hold onto, this charm captures the imagination and beauty of winter. The snowfall gave a respite to the valley people in some other way as well. The valley had been reeling under harsh cold coupled with dryness causing serious problems like scarcity of water as water bodies and taps had got frozen under sub zero temperature. The snowfall has lessened these problems to some extent. But the peoples’ joy, as always, proved short-lived as new and more problems serious in nature and consequences are staring at their faces. In fact the problems of the people begin with the fall of the first flake of the snow. Power and road connectivity are the first to become the casualties, exposing the traditional lackadaisical and easygoing attitude. As the authorities were yet to overcome the problems that overtook the valley due to January 7 snowfall, this week’s snowfall (on Wednesday) came as another ruse for them to conceal their worthlessness.

Kashmir is snow prone region since its existence. It is not something unexpected or unforeseen has happened. The basic question is why the power supply system is so fragile that three or four inch snow dashes it to the ground. Kashmir is not the only place where there is snowfall. But Kashmir is the only place where everything gets buried under snow—the government in the very first place. Snow falls every winter in Kashmir, and the problems get repeated every time there is a snowfall. The government should have taken all this into consideration well before the time, and efforts should have been made to make maximum of the minimum. But here everything goes in reverse direction. It is not only the power supply that has affected the lives of the people. The road connectivity has also got badly affected in the wake of the snowfall. Most of the roads and streets in capital Srinagar are under snow. Nobody from the Municipality or Public Works department is seen anywhere on the streets clearing or monitoring the road clearance. Srinagar Municipal Corporation, which has an army of people to meet such eventualities, appears to be under deep slumber.

What has made the situation even worse is the water logging on crucial city centers. The exhibition chowk, Jahangir Chow, Hari Singh High Street, Lal Chowk, Regal Chowk and several other surrounding localities have turned into water pools and lakes due to water logging. The drainage system seems to have failed completely.The state government which has moved to Jammu for the winter season is basking in the sunny and warm weather. The valley has been handed over to a few bureaucrats with divisional commissioner as their head, who have ensconced themselves to their cozy offices. The essential commodities and eatables of daily use too have disappeared from the market. They are being sold in black against whopping prices. There is no control over prices. Governor S P Malik, who is currently head of the government, needs to take stock of the worsening situation in the valley, and activate his machinery to mitigate the peoples’ problems. He speaks on everything that comes his way but is turning a blind eye to the daily problems of the valley people.

 
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Editorial

Looking beyond rhetoric

The Kashmir Monitor

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The government’s haste in implementation of highly controversial Triple Talaq bill, seems like an attempt to persecute Muslim community by criminalizing the not so prevalent practice of instant triple divorce.The move has triggered a heated debate all around and the opposition predominantly claims it as a direct intervention in Muslim personal laws. It is not surprising the bill has been drafted and presented in Lok Sabha by a political dispensation well known for their anti-Muslim stance – which itself raises several questions.

Divorce is the basic right of any individual as is the right to choose one’s partner and to criminalize such right is equal to crushing out the essence of freedom.In its final verdict Supreme Court’s bench found the practice of “triple talaq” as unconstitutional and non-theological, as well ruled out the possibility of any legislation by Parliament as was suggested by two judges. One of the judges of the Supreme Court’s bench, Justice Joseph said in the given verdict “What cannot be true in theology cannot be protected by the law.But despite, the declaration of instant triple talaq as invalid by the Supreme Court, the ruling party introduced a new bill in Lok Sabha, that makes the declaration of “Triple Talaq” (instant and procedural) to be void and illegal, and a cognizable offence (if information relating to the offence is given by the woman and her blood or close relatives).

Here, second thing that exposed the duality of intention of BhartiyaJanta Party while addressing the issue of Triple Talaq and scraping of IPC 497 is that, latter constrained adultery with the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery as well as per the law women as abettor was exempted from punishment.

 

So earlier, IPC 497 law was partially anti-women but the latter scraping of IPC 497 turned the scenario and became an apparatus to hit the loyalty and sanctity of marriage. Hence, somehow both the instant triple talaq and scraping of 497 are on same strata and responsible to break down the structure of marriage. On that ruling party, BJP showed a hypocritical attitude while addressing the two similar issues, they paid a great effort to challenge triple talaq and introduced The Muslim Women (Protection of Rights on Marriage) Bill, 2018 but remain unaddressed the issue of IPC 497 which is more against the spirit of the family & marriage institution.

Even, the most sacred Islamic text Holy Quran and Hadith has clearly invalidated the practice of instant triple talaq, as well provided a prescribed procedure of how to end up a nuptial tie.Quran described instant triple talaq as TalaqUlBidat (the sinful form of divorce) as it is against the spirit of the holy book, whereas Prophet Mohammad (PBUH) found it as invalid practice.“Three divorces were treated as one” during the lifetime of Prophet Muhammad (PBUH), Caliph Abu Bakr and Caliph Umar’s reign.

Basically, the issue of triple talaq has been thoroughly discussed in five schools of thought, whereas in some cases Hanafi school of thought entertained the idea. But the clerics belonging to the particular sect have also accepted the facts that triple talaq was responsible for spreading social evils. Hence, 23 Muslim nations have already banned the practice.Here, all the schools of thought determined the punishment of instant triple talaq and there are ample resolutions available in the theology to provide the maintenance and means of livelihood to the affected women.

One cannot deny the fact that triple talaq as a political tool is used due to negligence of All India Muslim Personal Law board who failed to address the issue in the light of Shariah law. It was their responsibility to initiate a research to gather the data of such cases and to invalidate the practice of triple talaq as it is theologically irrelevant. If the BJP government was sincere enough they can collect data in collaboration with All India Muslim personal Law Board and seek out a solution.

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