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Fear without a name

Monitor News Bureau

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Incredible India is no longer a hyperbole; what would have been incredible some time back is happening every day. Take ‘love jihad’. It represents one of the most amazing acts of myth-making in the modern world. Yet the term is now as much a part of life as, say, gauraksha or ‘anti-nationalism’. What on earth are these insanities? No Indian in 2018 would bother to ask this since the incredible is part of the way we live now. Yet this sense of inversion does not require much subtlety in its production. Recent events in Uttar Pradesh, for example, lay the process bare.

Three months after the gentleman called Yogi Adityanath became chief minister of Uttar Pradesh in March 2017, he is reported to have said in a television interview, “Agar apradhkarengetohthokdiyejayenge(if they commit crimes, they will be finished).” This could well have been a stern warning to criminals, even if it sounded as though encounter killings were going to be the favoured strategy of attacking crime in UP. Subsequent events suggest that the second thesis had more substance. India need not be coy about encounter killings. Most states are familiar with them, some more than others. Two famous cases in Gujarat are still part of media discourse, while UP would include in its records the 1987 Hashimpura alleged massacre and the 1991 Pilibhit encounter case. Only a long and widespread history of ‘encounters’ could have led to the Supreme Court’s unmistakable message in 2012: “It is not the duty of the police officers to kill the accused merely because he is a dreaded criminal… This Court has repeatedly admonished trigger happy police personnel, who liquidate criminals and project the incident as an encounter. Such killings… are not recognised as legal by our criminal justice administration system. They amount to State sponsored terrorism.”

The Supreme Court’s statement indicates that no matter how contentious a police encounter might be, a structure to define and judge it is always present, although the effectiveness of the processes leading up to trial may be less than ideal. Uttar Pradesh’s present uniqueness lies not in police encounters, but in the re-presentation of these as government policy. When listing the government’s achievements after six months in power, the chief minister is reported to have said that crime was being controlled because the police had been given a ‘free hand’.

 

Although the National Human Rights Commission had asked for a report on an encounter killing, and the state legislative council chairperson asked for a CBI inquiry into two of them, the chief minister reportedly said to the council in February this year that in 1,200 encounters, more than 40 criminals have been killed and that this trend will not stop. Other reports claim that 49 were dead, including four policemen, that over 370 people had been injured and 3,300 arrested.

The chief minister’s declaration is intriguing. All encounter deaths, according to the police, have been in self-defence. The law certainly gives protection if self-defence is needed, that is, if the person ‘encountered’ attacks the police. But it also makes clear that force is for self-defence only, justified and proportionate to the threat presented, and never retaliatory or used for revenge. The UP police have been shot at in each encounter, or most of them, sometimes by one or two men ‘planning a big crime’, or charged with burglary, robbery, sometimes murder, usually from bikes or cars. How did the chief minister know in February that the police will always be shot at so the trend will not stop?

The Opposition and other sources claim that most of the dead are from the minority community, making a poor living when not in custody under various charges, Dalits and members of other backward classes. Inevitably, the families’ accounts of the meetings with the police do not match the police’s, neither are the accounts of wounds on the bodies consistent with mere shooting. Some claim their men did not know how to drive bikes. But the police usually recover guns from the sites, they report; so there is no reason to doubt the dead men’s criminality even when they are just charged with stealing. In September 2017, the UP police communications department announced that the prize money for arresting criminals was being raised for different ranks of policemen. For superintendents of police, for example, it would go from Rs 50,000 to Rs 2,50,000 for each criminal. One report said that a reward of up to one lakh rupees would be given to a police team that conducts an encounter. The NHRC, supported by the court, directs that no gallantry award should be given unless the occasion of gallantry is properly established.

Part of the process of inverting expectations is the careful calibration of what is publicized and what remains untold. Have the police recovered any of the stolen goods or money? Surely that would add to their glory in what is being called the “swachhbadmashabhiyan”? With so many murder charges, can we ask who was murdered by which encounter victim? But that might be a crime. The Opposition had demanded due process. It was reported that the chief minister asked the Opposition why it was showing such sympathy for criminals.

Here the inversion is complete. At one level, the method is without subtlety: turn the Constitution and law on their heads while occupying a constitutionally designated chair. Our form of parliamentary democracy does give the scope to show that might is, crudely enough, right. A BharatiyaJanata Party chief minister’s might in his own territory is complemented by the might emanating from the Centre. But the clash of the constitutional position with constitutional tenets and the laws derived from them overturns an inner sense of order that people are used to. This goes far beyond and inward than dismay at the seeming transformation of the police into a terror army or the reduction of other institutional authorities into ineffectual grumblers.

The UP chief minister’s reported comment about the Opposition’s sympathy for criminals makes a bigger point than being just a political attack against his predecessors for indulging criminals. Yogi Adityanath is moral: he is cleansing the state of prisoners. To oppose him is immoral. Yet the perceived reality clashes with any recognizable sense of morality and natural justice. The means of cleansing can be perceived as illicit, the accounts often not just false but impossible, and an identifiable population segment appears to be at the receiving end.

What is being produced, therefore, is an enveloping fear. It is not just a physical fear, but a fear of the unnameable. The presence of due processes of law and institutions of recourse provides a hardly noticed stability; their disappearance is like the vanishing of the ground beneath. They are different expressions of the agreed principles of legitimacy without which society cannot function, and their loss causes terrifying confusion.

The confusion is not the achievement of UP alone; the government there is an excellent example because it is so open about the methods of inversion. The uncertainty mesmerizes us into accepting a yogi not just as a politician but as a chief minister who is apparently preaching lawlessness in the name of morality, a baba touting commodities of a ‘patriotic’ provenance, just the advertising of which runs into uncountable millions, other sadhus entering government elsewhere as ministers of state. It is not just Ram Navami, once a peaceful ceremony, that has changed character. The proponents of the ancient religion who now suffuse the country with their colour have cleansed saffron, too, of its traditional associations with renunciation and sacrifice. How would a child now elucidate the symbolism of the Indian flag?


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Opinion

Growing crimes against women

The Kashmir Monitor

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By Aritry Das

For years India has grappled with the tag of being the ‘most dangerous country for women‘. Successive governments introduced measures, but there is increasing evidence that they don’t work – and are counter-productive. Indeed, in key Indian states, cases of sexual violence are on the rise.

The Constitution of India mandates that as a federal union of states, law and order issues remain primarily with state governments, unless there are overarching issues such as terrorism. This results in many states trying different methods to tackle growing violence against women, and creating a range of other problems rather than solutions.

 

States like Uttar Pradesh, Madhya Pradesh and Maharashtra are the top states for registered rapes and sexual assaults, according to data from the National Crime Records Bureau (NCRB), a federal body that collates statistics across states. These state governments are introducing new measures to increase women’s safety, but experts say their moves are not addressing root causes and systemic failures in India’s creaking criminal justice system.

As many as 38,947 rapes were reported in 2016, which was a rise of 12% from 2015. The number of cases reported under “sexual assault, harassment and molestation”, was 84,746 nationally. This is the second-most common crime against women after “domestic violence” cases.

When Uttar Pradesh chief minister Ajay Singh Bisht, (Yogi Adityanath) came to power in 2017, he decided to tackle the problem of women’s safety by creating the controversial ‘anti-Romeo squad’, with police roaming in civil dress to surveil public spaces to keep a check on street harassers (also known as “roadside Romeos”).

The squad was eventually disbanded. But following a spate of rapes of minors, Bisht directed the police to revive the squad with the new power to issue a warning ‘red card’ to ‘suspected harassers’. If a person is caught twice doing a similar act, he will face criminal proceedings.

The squad had earlier drawn flak after reports surfaced about them targeting and publicly shaming young men, giving moral advice to couples, while some were made to do sit-ups or had their heads shaved in public.

Vaibhav Krishna, a Senior Superintendent of Police in Noida, Uttar Pradesh, told Asia Times that police officers for 23 anti-Romeo squads were receiving gender sensitization and training programs to help them handle cases better.

The squad’s further empowerment has raised concerns. Reports of the squad “moral policing” couples and a subsequent increase in sexual violence cases indicated that the measure was not working, according to PoonamKaushik, a women’s rights activist and general secretary of PragatisheelMahilaSangathan.

In the neighboring state of Rajasthan, crimes against women under all sections of the Indian Penal Code (IPC) jumped by around 40% and rape cases rose by 30% in the first five months of this year compared to the same period last year. This happened despite the government setting up its own version of the anti-Romeo squad in 2018 with policewomen on two-wheelers.

“In Rajasthan, the government has not set up enough women’s help desks or One-Stop Crisis Centers [to assist rape victims]. Instead, they are trying to create these mechanisms [anti-Romeo squad] that are working against women being in public spaces due to moral policing,” said women’s rights activist KavitaSrivastava, who played a key role in the framing of the Vishakha guidelines to address sexual harassment at workplaces.

Now the Rajasthan government plans to set up special investigation units for crimes against women.

Delhi, meanwhile, had at least five rapes reported every day last year, according to NCRB data. So, the state government wants to boost safety by bringing more women into public spaces through free metro and bus rides, and installing 300,000 CCTV cameras. The Delhi Police, which reports to the Home Ministry, also launched a motorcycle-fleet of female cops to patrol the streets called Raftar.

But it is hard to spot this patrol squad on the road, according to Jaya Velankar, director of Jagori, a women’s organization that works to make city spaces safer. She also pointed out that unless roads are safe, free public transport won’t work.

Data from Delhi Police shows that sexual violence against women has only marginally decreased in recent times. In the first six months of 2019, reported cases of rape (IPC 376) were 973, down from 1,005 cases in the same period in 2018, while cases of assault on women with intent to outrage her modesty (IPC 354) decreased by 172 and insults to the modesty of women (IPC 509) decreased by 101.

Madhya Pradesh was the first state to propose the death penalty for men who rape girls under the age of 12, back in 2017. But violence against women has not gone down. Rape of minor girls in the state made headlines throughout June this year. Now the government has taken an initiative to introduce GPS tracking devices and emergency “panic buttons” in passenger vehicles such as buses and taxis.

Maharashtra assigned a 2.5-billion-rupee (US$36 million) budget for women’s safety initiatives. But sexual violence cases have risen despite this. But a survey by non-government groups Akshara and Safetipin found that 44% of areas in Mumbai, the state capital, were unsafe. It said women were only safe to walk on 22% of Mumbai’s streets.
This year the Maharashtra government finally proposed safety measures such as setting up SOS hotspots, tracking apps and installing more CCTV cameras.

However, feminists are not convinced that surveillance leads to greater safety for women or a loss of autonomy.

The rising number of crimes has put state lawmakers in a difficult position and they have criticized the police, who then discourage women from filing cases, Velankar claimed. But a higher number of reported cases also meant that more women were coming out to report violence and governments now had greater responsibility to assure they get justice, she said.

The implementation of a major national scheme to increase women’s safety is also not faring well. Recent reports revealed that between 2015 and 2018, states and union territories used less than 20% of the 8.5-billion-rupee ($124 million) budget allocated to them under the Nirbhaya Fund, which supports schemes for women’s safety. The fund was set up in the aftermath of a brutal gang-rape of a paramedical student in New Delhi in December 2012. Delhi, which has the highest rate of crime against women, fared the worst by using only 0.84% of the 350 million rupees it received.

“The Nirbhaya Fund is used as per proposals from different departments of the central and state governments. It will not be implemented if there is no will to do so,” a senior federal official of the Ministry of Women and Child Development told Asia Times on the condition of anonymity.

Experts say government initiatives and implementation of laws won’t create change if a culture of impunity has made the criminal justice system weak. Kaushik noted that some of the worst accusations against the police stem from recent rape cases of minors in Unnao and Kathua, where they are alleged to have bowed to pressure from people of influence to bury cases and evidence.

The Unnao rape victim, who claimed she was a minor at the time of the incident, tried to self-immolate last year due to the police not registering her complaint against a BJP lawmaker. In the Kathua case verdict, four police officers were convicted among the six accused in connection to rape and murder of an eight-year-old Kashmiri girl.

Another major hurdle that stops victims of sexual violence from getting justice is the low conviction rate in India, which is a mere 25.5% for rape and just under 22% for sexual assault and harassment, according to NCRB data.

(Courtesy: atimes.com)

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Opinion

Why justice matters in Jammu and Kashmir

The Kashmir Monitor

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By Harinder Baweja

Pakistan has for long sponsored terrorism in?Kashmir. But is it enough for India to point to “causality”, without introspecting on the fact that Kashmir has a long litany of documented human rights violations that have gone unpunished?

Think about it. Why does India get prickly each time allegations of human rights abuse in Jammu and Kashmir are placed at its door? Is it because there is some truth in the allegations? Does India have a lot to hide when it comes to violations committed by its men in uniform?

 

Dismissing an updated report by Office of UN High Commissioner for Human Rights (OHCHR), which faulted both India and Pakistan for not improving the situation in Kashmir, a ministry of external affairs (MEA) spokesperson said last week, “A situation created by years of cross-border terrorist attacks emanating from Pakistan has been analysed without any reference to its causality.”

Reflecting India’s indignation at being called out, the spokesperson said, the report “seems to be a contrived effort to create an artificial parity between the world’s largest and most vibrant democracy and a country that openly practices state-sponsored terrorism.”

Let us get this out of the way first.

Yes, it can be said, with no hesitation at all, that Pakistan has for long sponsored terrorism and will likely continue to practise its “bleed India through a thousand cuts” policy. It has suffered humiliation at the hands of the United Nations Security Council, which recently declared Jaish-e-Mohammad chief, MasoodAzhar, a global terrorist. But that tag too is unlikely to lead to the Pakistani deep State severing its ties with the jihadi outfits it sees as “assets.”

But is it enough for India to point to “causality”, without introspecting on the fact that Kashmir has a long litany of documented human rights violations that have gone unpunished? The Valley, in fact, has erupted in anger each time the men in uniform have crossed the line, but justice – that ever so important balm for a population as alienated as Kashmir’s – has mostly stayed elusive.

Let’s talk about the two occasions when the Valley boiled over with anger.

First, in 2010, Kashmiris took to the streets after the Indian Army, in a fake encounter, killed three civilians and passed them off as infiltrating terrorists. The gross violation was proved beyond a doubt. The unsuspecting civilians had been lured to Machil, a forward sector along the Line of Control, and killed in cold blood. Despite an Army court martial pronouncing five of its men guilty and sentencing them for life, the Armed Forces Tribunal suspended the sentence, arguing that civilians ought not to have been in a forward location, wearing “pathan suits”.

Just like in 2010, when over 100 protesting youth were shot dead, in 2016 too, the civilian toll crossed 100 after stone pelters – angry with the killing of militant commander Burhan Wani – took to the streets. Kashmir gave vent to deep anger and betrayal – not only because Wani was eliminated – but because the trust deficit between the Valley and Delhi had eroded over years, and reached break point.

The pellet gun became the symbol of oppression. It blinded, maimed and killed. The OHCHR report that India summarily dismissed, pointed to the basic tenets of injustice: “There is no information about any new investigation into excessive use of force leading to casualties. There is no information on the status of the five investigations launched into extrajudicial executions in 2016… No prosecutions have been reported.”

Kashmiris live with this reality every day. Why must brazen killings go unpunished? More importantly, why lash out at a report that questions excessive use of force?
The Kashmiri wound is deep and it has festered for too long. One major step forward would be to reduce the repressive security measures. Instead of negating charges of abuse and human rights violations, India ought to take steps towards setting up a truth and reconciliation commission. Why not encourage public hearings in which victims and their families are encouraged to speak?

Reaching out and admitting to violations will help rebuild trust. It is not enough to merely look at figures that point to a reduction in infiltration. The problem now centresaround home-grown militants. Violations only fuel the cycle of violence.

Admit, address and provide justice, for Kashmir is not a piece of real estate, to be ruled by force.

(Courtesy: Hindustan Times)

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Opinion

Remove stigma, report psychiatric ailments

The Kashmir Monitor

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By Dr Arif Maghribi Khan

“All patients are mad. All psychiatric medicines cause sleep.” Yes, this is the common perception in Kashmir. While the fact remains that according to easiest classifications of diseases, there are two types of psychiatric ailments – neurotic and psychotic. In neurotic diseases, patient does not lose contact with reality.

The patient can tell you his or her name, address, locality correctly while in psychotic ailments, patient’s contact with reality is lost and he or she lives in world of their own. Such patients often report seeing angels, strange figures, or hearing voices or sounds, which nobody else sitting with the patient sees or hears.

 

One example of psychotic ailments is schizophrenia, the prevalence of which is as low as 0.5 per 1000, while ailments like depression, anxiety, phobia form the bulk of psychiatric ailments. Even in this day and age, when all the world of knowledge and information is at our fingertips, we as a society have not been able to differentiate between the two.

So the stigma remains attached with psychiatric ailments thus delaying diagnosis and treatment. It is because of this stigma, people visit psychiatric settings with faces covered or masked. Young adults and children fear to disclose to their parents if they suffer from depression or anxiety disorders, which leads them to live an impaired life, wherein they struggle with issues like loss of interest in studies or even loss of employment as their inability to concentrate consistently tears apart their social and professional lives.

Parents are there to discipline and guide children but not to make them fear depression. Another problem hitting psychiatric healthcare in Kashmir is the myth that all medicines prescribed by psychiatrists cause sleep, while the fact is that psychiatric medicines work by increasing, changing or blocking activities of neurotransmitters.

Nerves carry information from the body to the brain and vice versa. The brain is composed of roughly 86 billion neurons. Chemical messengers called neurotransmitters carry messages between neurons to help the brain receive the information, decide what it means and execute a reaction. Neurotransmitters are responsible for emotional regulation, pain perception, motivation, concentration, memory energy, mood, sleep patterns, libido. Any imbalance can result in Depression, Nightmares, Mental Fatigue, Anxiety, Impaired cognition, attention, and arousal, Apathy, Lack of motivation, Poor attention, and Fatigue. Most of the time a qualified psychiatrist uses anti-depressants which do not cause sleep, in first few months of treatment depending upon the psychiatric ailment anxiolytics, also known as ‘tranquilizers’ are used.

So let’s stop assuming that all medicines cause sleep and we will be dependent on them for rest of our life.

The biggest challenge faced by doctors today and specially psychiatrists is that due to easy availability of internet most patients start Google searching medicine for 8 minutes prescribed by a doctor who studied medicine for 8 years, fact is that not all information surfers get on medicine by Google search is authenticated. Patients are well advised to seek such information from doctor rather than what is searched on internet or what a specialist from other field like education or engineering has to say!

We need to fight epidemic of psychiatric ailments including drug abuse on basis of science and not search on internet. It’s as simple as that, to aware common people doctors, counsellors from field of mental health need to work vigorously in community to clear myths and mist surrounding psychiatric ailments. We need to give patients of anxiety disorders or drug abuse respect and not scare them with unfounded information. Also next time we label some person as mad for being stressed kindly read this survey of again “Nearly 1.8 million adults (45% of the population) in the Kashmir show symptoms of significant mental distress according to a comprehensive mental health survey conducted by the medical humanitarian organisation Médecins Sans Frontières/Doctors Without Borders (MSF) between October and December 2015. The research was done in collaboration with the Department of Psychology, Kashmir University and the Institute of Mental Health and Neuroscience (IMHANS).

(Author can be mailed at [email protected])

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