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What the Rape and Murder of a Child Reveals About India

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India is sliding toward a collapse of humanity and ethics in political and civic life, as the recent reports of the rape and murder of an 8-year-old girl from a seminomadic Muslim community in the disputed state of Jammu and Kashmir reveal. Politicians from India’s governing Bharatiya Janata Party defended the men accused of the crime and ignited a furious debate about the fundamental character of the country.
The child was abducted in January and imprisoned for a week in a temple, where she was drugged, starved and raped repeatedly before being murdered. Her body was thrown into the forest. At the time the crime passed without much comment beyond the local press.
Outrage finally exploded last week, after a front-page report in the Indian Express newspaper revealed terrifying details from the police charge sheet, including the fact that one of the accused, a police officer, had asked his co-conspirators to hold off killing the child so that he could rape her once more.
The charge sheet and other reports strongly suggested that this was not a random crime but one deliberately in line with the ugly sectarian politics playing out across India. Intimidation of religious minorities and violence against them has increased since Prime Minister Narendra Modi led the Bharatiya Janata Party to power in 2014. India’s traditional secularism is now locked in battle with the new majoritarian, Hindu chauvinist politics he represents.
The 8-year-old girl belonged to the Muslim Bakarwal people, who move with their sheep and horses between high mountain pastures in the summer and the plains of the Hindu-dominated Jammu region in winter. There is tension with local Hindus over the right to graze animals on the land. According to the police, the motive of the premeditated crime was to terrorize the Bakarwals and dislodge them from the area. The bereaved parents were not even allowed to bury the child in the village. They have since fled the area.

A newly formed group called Hindu Ekta Manch, or Hindu Unity Forum, organized a protest march in defence of the accused, who include a retired government official and two police officers. Thousands joined in, many waving the Indian national flag. Vijay Sharma, a co-founder of the group and an organizer of the march, was also a high-ranking leader of Modi’s Bharatiya Janata Party in the region.
Modi’s party shares power with a regional political party in the state of Jammu and Kashmir. Two B.J.P. ministers in the state government joined the protest in defence of the accused. “So what if a girl died?”one of them remarked, “Many girls die every day.”
They demanded that the investigation be transferred from the state police — the investigators included Muslim officers — to the federal Central Bureau of Investigation, a largely delegitimized institution that serves as a de facto arm of the ruling party. Lawyers at a court in the city of Jammu tried to physically prevent officials from filing charges against the accused and have threatened the lawyer who is representing the girl’s family.
Over the past week, horrified Indians have protested vigorously on social media and in some cities. The disgust and the fury at the complicity of politicians, and the federal government’s silence, grew into a thunderous chorus demanding that the prime minister speak up and fire the ministers backing the Hindu Ekta Manch.
Belatedly reacting to popular outrage, Modi finally said: “Incidents being discussed since past two days cannot be part of a civilized society. As a country, as a society, we all are ashamed of it.” He promised justice. His vague statement delicately alluded to another case in the northern state of Uttar Pradesh, where a lawmaker from Modi’s party is accused of rape. Modi stayed away from his party’s involvement in both cases.
Yet instead of uniting India in horror, the incident has deepened religious, political and ethical divides. It has also made clear that there is no automatic political cost to crime or falsehood if it furthers the hegemonic political narrative. The politicians involved were sacked only after a huge public outcry. Government ministers, officials, right-leaning media and right-wing supporters have been perfectly sanguine about using the dead child to polarize society with whataboutery, fake news and wild conspiracy theories.
A spokeswoman for Modi’s party, Meenakshi Lekhi, attacked opposition protests, suggesting that they were selective and opportunistic. “You see their plan,” she said. “First shout ‘minority minority’, then ‘Dalit Dalit’ and now ‘women women’ and then try to somehow fix blame of state issues on the center.” An influential ex-editor tweeted that Muslim Rohingya refugees were to blame for the crime. A B.J.P. youth activist posted a comment, now deleted, on his Facebook page saying that the rape must have been fun. A pornography site reported a surge in searches for videos using the raped and murdered girl’s name.
The sense of national crisis today is because Indians feel a rising urgency to either counter this ethical collapse or to capitalize on it in the run-up to the next election.
Modi came to power in 2014, and four years into his term, religious and cultural bigotry stands mainstreamed in Indian society.
Many who voted for Modi’s economic promises are disappointed by his failure to deliver, and impatient with his deliberate silences around sectarian and sexual violence and hate speech by his party colleagues and ministers. The systematic destruction of democratic institutions is hard to ignore.
The B.J.P. and its Hindu nationalist affiliates are bent on refashioning India into a country that is increasingly hostile to secular, democratic, pluralist and minority Indians. The rape and murder of the little nomad girl has thus taken on a larger meaning, reflecting the struggle for the fundamental character of India.
An open letter to the prime minister signed by retired civil servants strongly protested “the agenda of division and hate your party … insidiously introduced into the grammar of our politics, our social and cultural life and even our daily discourse” and held him directly responsible for “this terrifying state of affairs.”
This battle for the soul and future of India is likely to get more violent in the lead-up to the national elections, scheduled for next year. Modi’s B.J.P. is braced for a desperate, ugly fight and has a long history of using religious polarization to electoral advantage.
It will be up to the citizens of India to fight for a tolerant, pluralist country and stop the degeneration of its civic and political life.
(www.nytimes.com)

 
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Theology of Presence

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Amir Suhail Wani

“O you who believe! Remember Allah With much remembrance”: Al Quran

To believe is to be in a state of presence. Presence, though not the climax, but is, one of the most cherished states and authentic manifestations of belief. To let God stay far away in the realm of abstraction and beyond-ness not only dilutes the spirit of worship, but it brings under scrutiny the very notion of belief. Religion, in its finest form, aims at invoking in man the spirit of presence, so that the believer may feel and experience the himself in presence of divine and may thus be able to envision a living and existential relationship with his creator and his object of devotion. Religion, even in its basic etymological connotation invokes the sense of “connectedness and attachment” with the object of devotion. It is in the very essence of man that he wants to be greater than what he is and when submitting before the divine, the individual, finite and subjective ego undergoes an existential, psychological and spiritual transformation of unique nature which expands its contours beyond those of physical perimeters. In any act of worship, the subject envisages the object of devotion as infinite and it not only pays homage to that infinite by bowing to it, but it very much desires to expand its own finitude under the radiance of that eternal infinite. This is what is meant by the philosophical benediction that “make me Thou, not an it”.

 

This human urge of finding means of self expansion by submitting before the divine is the greatest expression of human will and self sacrifice. But this spirit is rendered meaningless and antithetical when religion, in its state of decline, reduces to mere theology. In this reductionism, God remains no longer a living reality in the life of believer. He is rather replaced by a set of axioms and statements which fail to stimulate and satisfy the deepest spiritual yearnings of man and this deepest spiritual yearning is nothing but an aspiration to come in living contact with the divine and transcendental. Islam and for that matter most of the religions strongly condemn the deistic notions about God for it leaves absolutely no scope for religious indoctrination and creates an unimaginable void in the realm of Transcendence. It is in response to nuances like these that the notion of presence assumes multifold importance. It is not only prayer but our entire life that demands, by virtue of its spiritual dimension, that we live perpetually under the spell of divine. Thus religions teach us not merely to pray and thus make prayer a part of our life, but they come to turn our entire life into a sort of prayer. This transformation of life itself into prayer is what has best been embodied by Islamic teachings which reiterate time and again that all acts shall be done according to the law/s prescribed by God and at the beginning and end of each of our activity, the name of God shall be invoked. Not only this, the orations we recite at various instances from entering a washroom to starting our prayer are nothing but a beautiful way of making God a perpetual and living presence in our lives. None of our activities shall be divorced from Transcendent and while we are bodily constantly engaged in acts of world and matter, our heads, hearts and souls shall be perpetually turned to the divine. This act of remembering God in world of forgetting paves the way for “discovering God through material representations”. The highest form of this discovery is prayer and within prayer itself it is dua that marks the height of living relationship between God and believer. The purpose of prayer, as has been narrowly appropriated lately is not merely to make God change his mind and to bring our naive desires to fruition. Prayer is in fact the testimony of our living and real time relationship of servitude and dependency on God. Thus when God asserts “If My servants ask you regarding Me, I am indeed Near. I answer the call of those who call upon Me when they call. So let them answer My call and let them believe in believe in Me–in order that they be truly guided.”, he makes us understand in most emphatic and explicit way that he is very much existentially related to us and responds to our prayers. This response to prayer shall not be seen as the fulfilment of our prayers in material realm (which is true on its own), but it shall invoke in us the existential quest and inspire us to awaken our slumbering spiritual sensibility so that we may truly feel that God is indeed responding to us as our creator and as an object truly worthy of our devotion and worship.

This notion of presence has been subjected to double irony. The religious centric people lost sight of this appeal and dedicated their energies in confining and codifying God in their formulae of logical atomism. They rigidly tried to fix God in their self made definitions made out of untenable language as if trying to fit a square peg in a round hole. While as the role of this intellectual cum theological process can’t be belittled, but their overemphasis on making God comply to their abstractions and creating an unsurpassable chasm between the creator and creation surely set them on too rigid a path. The aftermath of this theorization of God not only created uncompromising hostility among different religions, but within the same religion it gave birth to unending clashes, unforseen intolerance and created such shameful examples that served the purpose of latter day anti religious forces. The second threat, and that is more dangerous, to this “theology of presence” has come from movements like new age spirituality, occult practices and pseudo spiritual shopping malls. Whereas traditional religion and traditional metaphysics taught us to see this world as a reflection and reverberation of transcendental realm, the new age spirituality has tragically represented the divine realm as an “extended expression” of human realm and this immanent universe. This has been sort of shifting the frame of reference and with this shifting of frames, the meaning of spirituality and metaphysics is inverted on its head. This misplaced mysticism and consumerist spirituality is far dangerous than no spirituality at all. In absence of spirituality, one may set out to discover the genuine and true spiritual traditions, but the presence of fake and pseudo spirituality creates a halo effect around man and his genuine thirst and quest is buried under the garb of this “materialistic spirituality”.

There are no palatable solutions to this malice that has invaded our religious obligation of perpetual presence and taught us to be satisfied with rituals without knowing their meaning. What one can do is to read, if one can, the religious scriptures and try to get to the roots of these scriptures. Look out for commonalities among scriptures and try to make a sense out of these commonalities. Another suggestion is to read the authors like Rene Guneon, Frithjof Schoun, Martin Lings, William Chittick and others of their class. What is special about these authors is that they speak about traditional metaphysics in contemporary idiom with an insight that is both inspiring as well as awakening. Finally we must note and note it seriously that life is not a profane activity sprinkled with events of sacred prayers, rather life is sacred as a whole and the existential realisation of this axiom is fundamental postulate on which all religions stand.

(The author is a freelance columnist with bachelors in Electrical Engineering and a student of comparative studies with special interests in Iqbaliyat & mystic thought. He contributes a weekly column for this newspaper that appears every Monday. He can be reached at: amirkas2016@gmail.com)

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Kathua verdict: fact, fable and fiction

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Shabbir Aariz                                   

Finally some relief has been accorded to the family of the victim, Asifa by the trial judge Mr Tejwinder Singh by convicting and punishing the guilty. But it is too little if not too late. The investigating agency has undoubtedly done a commendable job in piecing together the evidence against the odds and succeeded in obtaining conviction for criminal conspiracy, gang rape, poisoning and murder of 8year old Asifa on 17th of January 2018 in Rasana village near Kathua in Jammu. Rape is the fourth most common crime against women in India. The National Crime Records Bureau of India suggests a reported rape rate of 2 per 100,000 people, much lower than reported rape incidence rate in the local Indian media. However, Times of India reported the data by National Crime Records Bureau unveiling that 93 women are being raped in India every day. Every year 7,200 minors are raped as the statistics suggest without unreported ones. Rape is, surprisingly a weapon of punishment in India. In 2014, in Jharkhand village elders ordered the rape of a 14year old. The husband of the woman who was assaulted sexually was told to carry out the rape. As the woman’s husband dragged the girl to a nearby forest, villagers only looked on. Earlier West Bengal village reportedly ordered the gang rape of a 20 year old woman for falling in love with a man from another community. Even in case of Kathua, two BJP ministers stood in favor of the accused. Sexual crimes being committed with impunity not even sparing foreign tourists led to issuance of rape advisories like women travelling should exercise caution when travelling in India even if they are travelling in a group, avoid hailing taxis from streets or using public transport at night. India feels like it is going through an upsurge of sexual violence against children and after several incidents including Asifa’s, received widespread media attention and triggered public protest. The Prime Minister condemned it and UN Secretary General, Antonio Guiterres said “guilty must be held responsible” describing the incident “horrific”. This led the Government of India to reform its penal code for crimes of rape and sexual assault. As such India’s cabinet approved the introduction of death penalty for those who rape children. The executive order was cleared at a special cabinet meeting chaired by Prime Minister Modi. It allowed capital punishment for anyone convicted of raping children under the age of 12. India’s poor record of dealing with sexual violence came to fore after 2012 gang rape and murder of a student on a Delhi bus. The four men involved were sentenced to death. The Supreme Court maintained the death sentence of the convicts; Akshay Thakur, Vinay Sharma, Pawan Gupta and Mukesh. Rejecting their appeal Justice R Banumathi said the men committed “a barbaric crime” that had “shaken society’s conscience”. It is worthwhile to mention that the death penalty to the said persons was given in the year 2013 while as the executive ordinance came in April 2018 after Asifa’s incident and of a 16year old girl in northern Uttar Pradesh by a member of BJP, Kuldeep Sengar (ironically, victim’s father was arrested and thereafter killed by the Kuldeep’s supporters.) Prior to 2012, there was no single law specifically dealing with children as victims of sexual offences. Then came Protection of Children from Sexual Offences Act in 2012, India’s first comprehensive law to deal specifically with child sex abuse and surprisingly the number of reported cases of child abuse rose by nearly 45% the next year.

The new amendments enable a court to hand out a death penalty to someone convicted of raping a child under 12, even if it does not result in death. In countries like China, Egypt, North Korea, Saudi Arabia, Iran and Afghanistan, rape is punishable with nothing short of death by hanging, beheading or firing squad. Despite the changes to the law and arming Indian courts, there is reluctance to carry out the death penalty. Is there anything wrong with the collective Indian psyche that deters even courts from putting curbs on sexual crimes against even minors? One feels disgusted for the punishment not being exemplary in Asifa’s case when on trial crimes like gang rape and murder were proved. The court was saddled with the law and verdicts of Supreme Court where death penalty awarded was not interfered with and also its observations emphasizing the gravity of such crime with its impact on the society. Do the laws also have a fiction value? When do we really implement them? Is something more needed to shake society’s conscience? It is more likely that the convicts in this case will go in appeal to the higher court against the judgement. The verdict of the lower court also calls for a counter appeal by the prosecution seeking enhancement of punishment to death of the convicts.

 

(A leading lawyer and eminent poet, author contributes a weekly column. He can be reached at:  vaklishabir@gmail.com)     

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Let’s Become Environmental Protectionists!

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Dr. Shahid Amin Trali

It’s very alarming to find the unending disturbances to our environment. Man’s foul play with the nature is not going well with the present as well as our future. The environmental problems are mounting towards a bigger trouble in future but we are yet to recover from deep hibernation/sleep mode. This menace of pollution has existed for centuries but increased at an alarming rate after industrial revolution in the 19th century. Pollution is one of the biggest global killers, affecting over 100 million people. The world’s population is ever increasing and the treasures of the resources are getting overexploited.

 

There is greater need that we must promote better and efficient use of resources. Mass production of plastics, which began just six decades ago, has accelerated very rapidly—most of it in disposable products that end up as trash. If business goes on as usual, plastic pollution will double over the next thirty years. That would mean there will be more plastic in the ocean than fish. Plastics have several health hazards, both for humans and animals. Not just that, it is detrimental for the environment too. We must encourage the reduction, recycling and re-use of wastes as raw material for new products. Our younger generation is highly creative and all they must be given is ample support and opportunities. We must promote ‘Jugaad’ creation, the idea of using the waste to make something novel and save resources. We need to set examples from our home places and re-use what we would easily throw away and conserve for a future.  What we cannot recycle let us try not use them. Let’s promote paper products as they break down better in the environment and don’t affect our nature as much.

Learning to be more environmentally friendly is not that difficult task than we think. We must start by living with a greater awareness of the resources that we use in our daily life.  For example we must turn off the lights as soon as we leave a room in our homes and offices or even schools and colleges.  We must be environmental friendly when it comes to building our homes and buildings. Trees are necessary for us to survive. We must plant small trees around our home, don’t cut them unless it’s necessary, work with local environmental groups to plant more trees and educate others about the beauty and benefits of trees.

Water needs to be conserved. Few ways to conserve water are – take short showers, keep the running tap close while we brush our teeth, recycle water in our home, use water saving appliances etc. More good ways to contribute will be consume less energy, buy recycled products, and create less waste and many more. We must refrain from open burning as backyard trash and leaf burning releases high levels of toxic compounds. We must use public transit as much as possible. Let us walk more and drive less to conserve fuel and prevent auto-emission. Let’s use bicycles and scooters for shorter distances to save resources.

Cleanliness leads to cleanliness. We can easily find that a dirty place adds to its dirtiness. When we come across a fresh place, we think twice before turning it bad and dirty. It is sad when we think for our clean homes and hardly care for the roads, hospitals, educational institutions, offices, markets etc. Our mindset has to undergo a big overhaul that our public property is our own property.

India is one of the three worst offending countries when it comes to environmental performance. Corporate leaders have started joining the race to save the planet. Being environment-friendly, eco-friendly, going green are huge claims referring to goods and services, laws, guidelines and policies that inflict reduced, minimal, or no harm at all, upon ecosystems or the environment. But the attempts need to be strong and concrete. Small and medium sized companies in particular generate a lot of pollution and need awareness and support policies to safeguard the environment.

Individuals, organizations and governments need to join hands to protect our environment.  Let’s educate others about the significance of living an environmentally friendly life. The more we will share an awareness of the richness of the environment, the more we can do together to protect it. Environmental love and care must receive an all time attention and priority. Let’s go beyond the model building exercises for safer environment and turn them into reality. Organizations must appreciate and reward the employees for their environmental care.

The Philippines recently has taken a unique and wonderful initiative. The island country passed a law under which every student there has to mandatorily plant ten trees in order to get their graduation degree. The law if it is implemented properly will ensure that over 175 million trees will be planted every year. The law will be applicable for college, elementary, and high school students as well. Our education system must owe greater responsibility towards environment and find some unique strategies to safeguard it. Let’s go green and pledge to protect our environment. (The author is Assistant Professor, ITM University Gwalior, Youth Ambassador, International Youth Society. He can be mailed on: dr.shahidamin15@gmail.com)

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