It is matter of grave concern that crimes against women in Jammu and Kashmir are increasing at a dangerous pace. An official report has revealed a grim picture.The year that passed (2018) was the most trying. The year recorded nearly 1000 cases of crimes (mainly rape) against women. Reports suggest that the actual number is more than the double as many victims have not reported to the police due to social stigma attached to such incidents. The figures show that after every 24 hours a woman was raped in the state. It is a serious reflection on the moral and social conduct of the people of the state. It is not going overboard to say that Jammu and Kashmir is at the brink of moral annihilation. What is even more concerning is that some of these heinous crimes were communally motivated. The rape and murder of 8-year old Muslim girl at Kathua in Jammu is a point in case.Though the case is under judicial scrutiny but some of the shades of the case exposed by the investigators are horrific and heart-wrenching. The communal slant of the case became public when thousands of Hindus led by BJP and Congress leaders held street demonstrations in support of the criminals involved in the rape and murder of the hapless girl. Even the lawyers sided with the alleged perpetrators of the crimes.
They tried to stop police from filing chargesheet in the court. A latest case wherein a minor Muslim girl was repeatedly raped has surfaced in Ramban district of Jammu. A 13-year-old Muslim girl from Ramban district of Jammu region was, allegedly, repeatedly raped for several months by a man from the same area. The incident came to the fore after the girl became unwell a few days ago. Victim’s family, who live in Varnal Sarbagni area of the district, rushed her to the hospital where doctors told them she has been raped multiple times. The victim narrated the incident before the magistrate that she was raped for the last three months. Following which the police arrested the accused Sanju Singh of Varnal area of Ramban. Property dispute, personal enmity, drug addiction, sexual lust and several other reasons also contribute to the alarming trend. In September last year, a nine-year old girl was raped and murdered in Baramullah shocked the entire valley. She was raped and murdered by her step-brother and his friends at the behest of her stepmother who was jealous of her husband’s second wife. Moral waywardness is regarded as the main reason for such social crimes.
Drug-addiction is deemed as the most motivating factor for one to indulge in immoral acts. The menace of drugs is catching up the young Kashmir dangerously.Be it a way to fight personal crisis, means to wipe the mental scars or just a sign of being cool, a section of youth in Kashmir have fallen into the net of drugs. Charas, brown sugar, cocaine, cannabis, psychotropic drugs et al are the new weapons of mass destruction for the youth. Around forty per cent of our youth, a majority of them students, have become habitual drug addicts. What is more disturbing is that drug peddlers have found their way in the most sensitive areas of our society.
They have by now entrenched themselves into spaces of educational institutions as well. Some lower rung employees of educational institutions are reported to be in involved in trafficking of drugs in colleges and schools. It is sad to note that the state administration is acting as mute spectator to the deteriorating moral and social standards of the society. Police, which has the primary responsibility to curb such crimes, is found, in many ways, partner to the crimes. It is the responsibility of the state’s religious and political leadership as well to aware people of the harmful effects of such social evils.
Politics of deceit
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.
For the immediate attention of the Governor
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.
Looking beyond rhetoric
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.