Rahul Gandhis Long Walk Hailed, But Only Polls Will Determine Its Success — Global Issues

It may be an election ploy but Rahul Gandhi’s Bharat Jodo Yatra has captured the imagination of many Indian commentators who hail its non-sectarian message. Source: BJY/Twitter
  • by Mehru Jaffer (goa, india)
  • Inter Press Service

The Congress Party organised the Bharat Jodo Yatra (BJY), a long march to counter what it calls the divisive politics of the ruling party. The exercise was to revive the idea of India as a country united in all its diversity. The BJY is led by senior Congress leader Rahul Gandhi, 52, who met countless citizens on the way at a time when Prime Minister Narendra Modi has not held a single press conference in the last nine years that he has been in power.

Founder and editor of The Citizen Seema Mustafa told the IPS Rahul Gandhi gained by leading the BJY.

“He has emerged as a leader of substance with courage and honesty and compassion on display. What the Congress Party has gained will only be known once Congressmen can take it all forward. Other gains and losses will come after that, but for now, the BJY has indeed cut through the prevailing atmosphere of fear and hate,” said Mustafa.

The BJY will culminate in the Himalayan region of Kashmir on January 30 but will it receive the same kind of welcome as it has in the rest of the country, is the question. For nearly half a century, the people of Kashmir have complained of Delhi’s stepmotherly attitude towards them.

Spymaster and former head of India’s Intelligence agency, the Research and Analysis Wing (RAW), AS Dulat, had a personal invitation to join the BJY. He walked for one hour with Rahul Gandhi, but Dulat did not say whether they talked about the troubled province of Kashmir.

Dulat’s latest book, A Life in the Shadows, is about Kashmir, a place he loves passionately. He was first posted to Kashmir in the late 1980s. As a former Prime Minister’s advisor on Kashmir, he understands the Kashmiri psyche and empathises with the problems in the province. Because he is seen as a problem solver and well-wisher of all the people suffering in Kashmir, including separatists, militants, and Pakistanis, he is called Mr Kashmir.

In the book, he implies that the problem of militancy is no longer about joining Pakistan or seeking independence but resistance to the harsh majoritarian policies of muscular power tactics used against the people of Kashmir by the present government in Delhi.

Dulat told the media that participating in the BJY was a wonderful experience. Gandhi wrote in a letter inviting Dulat to join the march, “We listen to anyone who wants to be heard. We offer no judgment or opinion. We walk to unite every Indian regardless of their gender, caste or religion because we know they are equal citizens. We walk to fight hatred and fear.”

Dulat commented: “I think what this young man is doing is certainly something exceptional… incredible.”’ He doesn’t think that anyone will ever do it again, and nobody is going to walk so many kilometres again.

However, his walk has had its critics – with the Defence Minister Rajnath Singh accusing Gandhi of tarnishing the image of India by creating the impression that only hatred prevails in the country.

The BJY was started last September on the southern tip of the Indian peninsula in Kanyakumari, and it has marched non-stop through 12 provinces. During the march, Gandhi spent time with scores of citizens from different walks of life. After walking about 25 kilometres daily in two shifts, the Congress workers slept in makeshift accommodations at night.

Talking to IPS, a professor at Delhi’s Jawaharlal Nehru University (JNU), Zoya Hasan, agreed that the march had succeeded.

“If crowds are any indicator, the BJY got an enthusiastic response in all the states it traversed. This shows that there is still space in the country for inclusive politics,” Hasan said.

Many see the march as altering the country’s mood. It has brought hope into the lives of citizens who have been feeling increasingly fearful of their future and security. Largely ignored by (mainly pro-government) mainstream media, the BJY has been streaming live on social media. Watching supporters walk thousands of miles and meet hundreds of thousands of people of all faiths mingling, embracing, shaking hands and making friends has reinforced positive ideas of bonhomie and togetherness amongst citizens.

Ever since the Bhartiya Janata Party (BJP) came to power in 2014, the mood in the nation has been grim. Apart from tackling the never-ending scourge of poverty, the country has had to deal with repeated incidents of public violence.

The BJP has been criticised for being communitarian, and commentators say this, at best, ignores and, at worst, encourages violence by citizens against each other and divides Indian society by religious affiliation.

Nobel Laureate Amartya Sen, in an interview, Sen had told Le Monde, the French daily newspaper, that the Indian government is one of the most appalling in the world because it is communitarian in the narrowest sense of the term. It harms India by attacking Muslims and propagating the idea that Hindus form the nation.

Many consider the BJY march a success as a political protest against the alleged divisive politics of the right-wing ruling party in power.

“I joined the march and walked with Rahul Gandhi not because I am a fan of the Congress Party but because I thought the young man (Rahul Gandhi) has stood up for the right values at the right time, and I support similar values,” filmmaker Saeed Mirza said at the launch of his latest book I Know The Psychology of Rats in Goa recently.

“I believe every Indian who wants love and inclusiveness should be participating in the yatra beyond political identity. Although it is a predominately Congress-organised event, it is not exclusively a Congress event. So every Indian has been welcomed with open arms, and that is how it should be. If political pettiness comes in the way, it will be a self-defeating attitude,” said Tushar Gandhi, who joined the march last November. Tushar is Mahatma Gandhi’s great-grandson, and Rahul Gandhi is the great-grandson of Jawaharlal Nehru, the first Prime Minister of India.

The Congress Party says the objective of the BJY is to fight against the politics of fear, bigotry and prejudice and the economics of livelihood destruction, increasing unemployment and growing inequalities.

“What the yatra has achieved is way beyond what the sceptics anticipated. They have been proved wrong, and I include myself in the category. A suffocated nation was waiting for some such happening,” wrote journalist Saeed Naqvi.

Hasan adds that the BJY has refurbished the Congress’s credentials as a party of national unity and social cohesion, upholding the values of secularism, the welfare of the masses and their constitutionally granted rights. This marks an important wedge in a hyper-nationalist narrative of the ruling party’s politics.

Hasan said the impact of the BJY was that the ruling party wasn’t setting the narrative but was forced to react to the Congress Party. While only time will tell whether the march will bring electoral gains to the Congress Party in the general elections to be held in 2024, Hasan says:

“It is the necessary first step in building a politics of change.”

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With Activists, Journalists Jailed for Spurious Reasons, Commentators Say Indias Chief Justice Faces Challenges — Global Issues

India’s new Chief Justice, Dhananjaya Y Chandrachud has significant challenges ahead as activists hope he will continue with his legacy. Credit: Subhashish Panigrahi and Charmanderrulez
  • by Mehru Jaffer
  • Inter Press Service

Sanjay Kapoor, founder editor of Hardnews Magazine and political analyst told the IPS that many of the rulings by Indian courts in recent times have been deeply disturbing.

“In the name of national security, draconian laws are evoked to curb personal liberty. Journalists and activists have been arrested and locked away under anti-terror law without evidence,” said Kapoor.

He gave the example of Siddique Kappan, who has remained in jail for more than two years for unknown reasons. Kappan got bail from the Supreme Court, but anti-money laundering laws were immediately slapped upon him to ensure that he remained in prison.

Kapoor’s main concern is the undermining of courts by the government, which is sure to weaken institutions and harm democracy in India.

Meanwhile, the CJI also warned that he was not here to do miracles.

“I know that challenges are high; perhaps the expectations are also high, and I am deeply grateful for your sense of faith, but I am not here to do miracles,” Chandrachud said after his appointment.

The challenges facing the judiciary include a backlog of cases, delays in appointing Supreme Court judges, and significant inconsistencies in judicial approaches.

Soon after Chandrachud took oath on November 9, Chandrachud expressed concern over the long list of requests before the Supreme Court for bail. He said that district judges are reluctant to grant bail in a fair manner out of fear of being targeted.

Activists say that this is the same reason that media personnel, political opponents, and social activists are languishing behind bars without bail today.

Activist Teesta Setalvad was arrested in June 2021, and her bail plea was only accepted three months later when she was finally released. There are others, like student leader Umar Khalid, who has languished in jail for more than two years.

The judicial system in India is under tremendous pressure. Until last May, countless cases were pending in courts across different levels of the judiciary. Many of the cases were pending in subordinate courts, a large percent in High Courts, while a hundred thousand cases have been pending for over 30 years. Amid the rising trend of litigation, more and more people and organisations seek justice from courts today. However, there are not enough judges to hear the cases. The courts are overburdened, and the backlog of cases is intimidating.

The reluctance to grant bail to especially political opponents has only aggravated the matter. Most recently, Sanjay Raut, senior opposition party leader, said that he had lost 10 kgs while in prison. The legislature was accused of money laundering. He was in jail for 100 days before bail was granted to him in November. He was kept in a dark cell where he did not see sunlight for 15 days.

Raut said that he would not have been arrested if he had surrendered to the will of the ruling party and remained a mute spectator to the politics of the day. He wondered if only those who oppose the politics of the ruling party would continue to be arrested.

The use of the justice system as a political tool and reluctance to grant bail at the district level has clogged the higher judiciary with far too many cases.

“The reason why the higher judiciary is being flooded with bail applications is because of the reluctance of the grassroots to grant bail, and why are judges reluctant to grant bail not because they do not have the ability to understand the crime. They probably understand the crime better than many of the higher court judges because they know what crime is there at the grassroots in the districts, but there is a sense of fear that if I grant bail, will someone target me tomorrow on the ground that I granted bail in a heinous case. This sense of fear nobody talks about but, which we must confront because unless we do, we are going to render our district courts toothless and our higher courts dysfunctional,” Chandrachud said at an event hosted by the Bar Council of India last week to felicitate his appointment as the country’s 50th CJI.

The Supreme Court of India is perhaps the most powerful Court in the world. However, in recent times the judiciary has been criticised for its uneven handling of cases. It is under scrutiny over contradictions found in its functioning. The fact that a former CJI accepted a seat in the upper house of parliament soon after his retirement two years ago had raised eyebrows.

The judiciary’s perceived deference to the present government is a major concern, including the ongoing arrest of political opponents, and refusal to grant bail to those arrested is becoming the norm. On the other hand, ‘friends’ of the ruling party are allowed to get away with murder and rape.

The nation was shocked after a document was made public last October as proof that the premature release of 11 men convicted for the gang rape of Bilkis Bano and the killing of her family during the 2002 Gujarat riots was approved by the home ministry despite opposition by a special court. A Communist Party of India (Marxist) member Subhashini Ali, journalist Revati Laul and Professor Roop Rekha Verma together filed a public interest litigation (PIL) against a remission granted to 11 convicts who were released on August 15, India’s 75th Independence Day celebrations this year on account of good behaviour.

Bano was gang-raped along with 14 members of her family. Her 3-year-old daughter Saleha was killed by a mob in a village in the province of Gujarat as they fled communal violence in 2002. Bano was 19 years old and five months pregnant at that time. Shobha Gupta, the lawyer for Bano has battled for years for the rape survivor to get justice. Gupta told Barkha Dutt, a senior journalist, that she is shattered and unable to face Bano. That after the release of her rapists from custody, Bano is silent and feels alone.

Dutt had interviewed Bano 20 years ago. Today she wrote in her column that an unspeakable injustice is unfolding with brazen impunity. Its legality is dodgy. Dutt said, “Let’s raise hell”.

After the men who raped Bano and killed her child were freed, they were greeted outside the prison with sweets and garlands. This is the story of a very seriously ill nation, columnist Jawed Naqvi said.

“The nation that was baying for the execution of men who raped a young woman in a bus in Delhi in 2012 seemed deaf to Bilkis’s trauma,” Naqvi wrote. The executive has turned its back on Bano. The media is disinterested and civil society has been bullied into silence at a time when principles are passe for most politicians.”

So who will give justice to citizens like Bano?

The Supreme Court?

In a plea filed by Azam Khan last July, the opposition party leader pointed out a new trend amongst the high courts to impose unnecessary bail conditions. Khan said that a high court had ordered the politician to hand over allegedly encroached land as a condition for bail. The ruling was overturned.

Seeking justice these days is tough within the courts and outside.

The 74-year-old Khan has been behind bars since early 2020. Multiple charges have been slapped on him, including corruption, theft, and land grab, in an effort to make sure that he remains behind bars on some charge or the other. However, Khan was granted interim bail last May. A few months later, he was fined and has been sentenced to three more years in prison for a hate speech made in 2019. At that time, Khan was accused of blaming the Prime Minister for creating an atmosphere in the country in which it was difficult for Muslims, the largest minority community in India, to live.

A new report published by the USA-based NGO Council on Minority Rights in India (CMRI) and released on November 20 at New Delhi’s Press Club found that by helping offenders, detaining victims, and failing to register first information reports (FIR) in some cases, law enforcement agencies play a role in furthering hate crimes.

Discussing the legal aspects of persecution, lawyer Kawalpreet Kaur said that minorities are facing the brunt of the state to varying degrees. Cases of the pogrom against Muslims during the Delhi riots have been lying in the high court for the last two years.

“Indian courts need to keep their eyes and ears open; it is not a one-off case of Afree Fatima’s house bulldozed or when the stalls of working-class Muslims were razed in Delhi despite a stay from the court,” she said.

The lawyer called it an attack by the Indian state against its minorities and a campaign of misinformation and Islamophobia witnessed every day.

The release of the CMRI report comes at a time when numerous countries and organisations are calling upon India to take stock of the plight of its religious minorities.

Six international rights groups – the International Federation for Human Rights (FIDH), World Organisation Against Torture (OMCT), Christian Solidarity Worldwide (CSW), Inter­national Dalit Solidarity Network, Amnesty International, and Human Rights Watch have reminded New Delhi in a joint statement that it is yet to implement recommendations of a recent UN report on India which cover topics which include the protection of minorities and human rights defenders, upholding civil liberties, and more.

“The Indian government should promptly adopt and act on the recommendations that United Nations member states made at the UN Human Rights Council’s Universal Periodic Review process on November 10,” the joint statement read.

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Rushdie Joins 102 International Writers to Demand Freedom of Expression in India — Global Issues

Journalists, writers, both local and international, have called on the authorities in India to respect human rights and release imprisoned writes and dissident and critical voices. Protests about media freedom have become more urgent in recent years since this protest by the Mumbai Press Club. Credit: Facebook
  • by Mehru Jaffer (lucknow)
  • Inter Press Service

Salman Rushdie signed the letter before the attack on him on August 12, 2022. Rushdie joined PEN America and PEN International, two worldwide associations of writers, to convey his anguish to the highest office in India.

Dated August 14, 2022, the letter urged the President of India to support the democratic ideals promoting and protecting free expression in the spirit of India’s independence and to restore India’s reputation as an inclusive, secular, multi-ethnic and -religious democracy where writers can express dissenting or critical views without threat of detention, investigation, physical attacks, or retaliation.

“Free expression is the cornerstone of a robust democracy. By weakening this core right, all other rights are at risk and the promises made at India’s birth as an independent republic are severely compromised,” the writers emphasised.

In its Freedom to Write Index 2021, PEN America considered India the only “nominally democratic country” among the “top 10 jailers” of writers and public intellectuals worldwide. The letter highlighted the arrest of writers, including poet Varavara Rao who was recently granted bail.

The “grave concern” regarding threats to free expression and other core rights has grown steadily in recent years.

The signatories underlined that writers and public intellectuals were “subject to arrest, prosecution, and travel bans intended to restrain their free speech”.

Well-known authors Amitav Ghosh, Perumal Murugan, Orhan Pamuk, Jerry Pinto, Salil Tripathi, Aatish Taseer and Shobhaa De, have signed the letter that said, “Online trolling and harassment is rife, hate speech is expressed loudly”, and criticised frequent internet shutdowns “centred on Kashmir” limit the access to news and information.

The letter registered a strong protest over the “persecution” of writers, columnists, editors, journalists, and artists, including Mohammed Zubair, Siddique Kappan, Teesta Setalvad, Avinash Das, and Fahad Shah.

In yet another PEN America initiative, 113 authors from India and the Indian diaspora have contributed to a collection reflecting on the state of free expression and democratic ideals. Titled India at 75, the collection includes original writings by Salman Rushdie, Jhumpa Lahiri, Geetanjali Shree, Rajmohan Gandhi and Romila Thapar, among others.

Rushdie writes that India’s “dream of fellowship and liberty is dead, or close to death”.

“Then, in the First Age of Hindustan Hamara, our India, we celebrated one another’s festivals, and believed, or almost believed, that all of the land’s multifariousness belonged to all of us. Now that dream of fellowship and liberty is dead, or close to death. A shadow lies upon the country we loved so deeply. Hindustan isn’t hamara anymore. The Ruling Ring—one might say—has been forged in the fire of an Indian Mount Doom. Can any new fellowship be created to stand against it?”

On August 15, India celebrated 75 years of independence from colonial rule. The country has yet to conquer poverty, but the largest democracy in the world did enjoy an excellent track record of encouraging free and fair media.

However, press freedom, as well as the unity of the country, is threatened by communal politics. A large section of mainstream media has turned pro-government, especially after the general elections in the spring of 2019. Ever since pressure has increased on the media to toe the line of the Hindu nationalist government. For the same reason, it is often difficult to distinguish between a ruling party spokesperson and a journalist in India today.

“At centre stage of media are views of political parties, their respective spokespersons making more noise than saying anything substantive on the electronic media,” Anand Vardhan Singh, Lucknow-based senior journalist and founder of YouTube channel The Public, told the IPS.

Singh regrets that the people in power have fragmented the national media between English versus regional languages, print versus electronic versus social media.

Investigative journalism is a thing of the past. The reporting aspect of media has taken a backseat.

This year’s independence day celebration will be remembered for what 9-year-old Mehnaz Kappan said.

“I am Mehnaz Kappan, daughter of journalist Siddique Kappan, a citizen who has been forced into a dark room by breaking all freedom of a citizen”.

Siddique Kappan is a Delhi-based journalist from Kerala. He was arrested in October 2020 on his way to Hathras, a poverty-stricken village in north India in Uttar Pradesh, to report on the rape and murder of a 19-year-old Dalit woman.

“Attempts to demean, belittle, and outlaw dissent and protest and the problem of growing communalisation are the principal challenges the country faces today. A journalist needs nerves of steel and tremendous courage to continue to ask questions,” senior journalist and founding editor of The Wire, Siddharth Varadarajan, said.

Like many others, Varadarajan, too, was punished for speaking out, and court cases are filed against him. Many journalists are booked for sedition to intimidate those scribes who refuse to toe the line of people in power.

The problem is that mainstream media has stopped questioning the government. Public interest is no longer on the mind of the media. The purpose of mainstream journalists, nicknamed ‘godi’ media or ‘cozy’ journalism, is only to praise those in power.

The media has abrogated its responsibility of asking questions, and those journalists who question, like Mohammad Zubair (33), are put into jail. The arrest of journalist Zubair marks a new low for press freedom in India, where the government has created a hostile and unsafe environment for members of the press. Zubair was arrested because AltNews,  a fact-checking website he co-founded, frequently exposed claims made by the government, making him an obstacle to false propaganda. Zubair was arrested last June. He spent 23 days in prisons and police custody in Delhi and Uttar Pradesh and was released on July 23, 2022, after the Supreme Court granted interim bail to him.

Soon after he had walked out of prison, Zubair told the national daily The Hindu that he thinks his arrest was made an example for others.

Zubair said that multiple First Information Reports (FIR) filed against him were a message from the government that it could book 10-15 random FIRs in different states to keep one in jail for years. Zubair was released after a Supreme Court ruling to grant him bail. The FIRs filed against Zubair are random and bizarre, like two FIRs in Uttar Pradesh are for fact-checking a media channel-which is his job. There is another FIR for calling an accused in a hate speech case a hate monger in a tweet!

Zubair happens to be a Muslim. Another Muslim journalist Sana Mattoo was prevented from flying abroad for a book release. To intimidate Zubair, money-laundering charges were filed against him. Maria Ressa, the Nobel Prize-winning journalist from the Philippines, said that she was shocked at the arrest of Zubair and human rights activist Teesta Setalvad. Ressa told a digital media reporter in India that all journalists should unite to oppose what has happened.

“Everyone should be talking about it; everyone should be writing about this,” said Ressa.

In a population of 1.4 billion people, 14 percent are Muslim, but the practice of majoritarian politics in recent times has made the ruling party increasingly intolerant of Muslim voices in the country. Kappan, a Muslim, was denied bail.

Millions of tweets are directed at journalist Rana Ayyub, another Muslim, making her one of the most brutally targeted journalists in the world.

Ayyub, an independent journalist and a Washington Post columnist, has used her social media heft and the global attention she receives to highlight the plight of Indian Muslims and the arrest of journalists in India. She was accused of money laundering and tax fraud related to her crowdfunding campaign to help those affected by the COVID-19 pandemic in 2020.

Ayyub has denied any wrongdoing, calling the allegations baseless. Early this year, the United Nations appointed independent rights experts issued a statement calling Indian authorities to stop the systematic harassment against Ayyub.

“Relentless misogynistic and sectarian attacks online against journalist Rana Ayyub must be promptly and thoroughly investigated by the Indian authorities, and the judicial harassment against her brought to an end at once,” the statement said.

For the same reason, India ranks as one of the most dangerous and restrictive countries for journalists today. Despite its secular and democratic status, India is ranked 142nd in the Reporters Without Borders 2021 World Press Freedom Index.

There are other ways to make journalists feel uncomfortable. Notices were sent to the Indian Women Press Corps (IWPC) to vacate the accommodation allotted to them as their lease will soon end. A similar notice was also sent to South Asia’s Foreign Correspondents’ Club. Both organisations are Delhi based.

Shobhna Jain, President of IWPC, said, “It’s a routine procedural thing. The government is giving us renewals, and we are quite hopeful that this year too, we will get the lease renewed for a longer period”.

The IWPC is the country’s first association of women journalists, founded in 1994 as a support group to help women meet challenges unique to women. It was to ensure that women’s by-lines were respected and heard. Today more than 800 women are members of the IWPC who use the premises to network, access news sources, exchange information and share experiences to advance the profession. Located in the heart of New Delhi and equipped with a library and computer centre, the premises are a boon for journalists wanting to save time from commuting in the city.

Often children accompany the women journalist as she works while they play on the premises. Here press conferences are organised and exclusive interactions with newsmakers.

July this year was a terrible month for journalists around Asia.

On July 3, journalist Hasibur Rehman Rubel left his office in the Kushtia district in western Bangladesh, never to return. On July 7, his decomposed body was found in a river.

On July 7, Peer Muhammad Khan Kakar, a Pakistani journalist, was arrested in the Loralai district of southwest Balochistan on complaints related to his Facebook posts.

On the same day in July, Ressa’s prison sentence was increased by several months. A court in the Philippines affirmed the libel conviction of Ressa, Rappler’s head and co-founder.

Two days later, on July 9, members of a television team were attacked in Sri Lanka. The paramilitary police Special Task Force assaulted journalists reporting a protest in the capital city of Colombo.

The BBC reported that a video journalist in Colombo was allegedly punched by a member of the Sri Lankan army, his phone snatched, and footage deleted.

What is the solution to the vicious attack on journalists today? According to Varadrajan, it is unity amongst all media persons that can together fight the assault on the media and freedom of speech in the country.

Despite differences in political beliefs, scribes need to stand by each other today like never before. Varadrajan suggests building a team of lawyers to defend media persons in court.

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Gender Sensitization, Not ‘Romeo’ Policing Needed, say Activists — Global Issues

Activists have asked for gender sensitizing of the police, rather than the so-called Romeo squad. Source: Twitter
  • by Mehru Jaffer (lucknow)
  • Inter Press Service

While the name symbolises love, various shows of affection and love between women and men can be seen as a criminal offence in UP. For their safety, women are advised not to be seen cosying up with their lovers, especially in public places – because the state police department’s anti-Romeo squads could arrest them.

“The Indian Penal Code (IPC) has sufficient sections to arrest and prosecute men harassing women. The anti-Romeo squad has become a tool to harass and embarrass young men and women. It has no place in a civilised democracy,” Bobby Naqvi, senior journalist and former editor of Gulf News, told the IPS. “Disturbing images of these squads harassing youngsters spoil India’s reputation as the largest democracy and a nation where almost 230 million people fall between the age group of 15 years and 24 years.”

Soon after the government was installed in office on March 25, an order was passed reviving the anti-Romeo squads. The squads were first launched in 2017 to safeguard women in public places.

Advocates of women’s rights, including activists Aruna Roy, Kavita Srivastava, Kalyani Menon Sen and lawyers Indira Jaising and Vrinda Grover, had released a joint statement in 2017 demanding that anti-Romeo squads in UP be disbanded immediately and replaced by long-term legal and institutional measures to ensure women’s safety. However, the unpopular squad is now back in action.

Renu Mishra, executive director of the Association for Advocacy and Legal Initiatives (AALI), a Lucknow-based non-profit organisation, sees the anti-Romeo squad as another way to keep women in check.

Women activists say that gender-sensitising of the police, an increase in the number of policewomen, an enabling environment for women to file FIRs, and more frequent convictions are needed.

They argue that the anti-Romeo squads are a physical manifestation of patriarchy that views women as helpless creatures to be protected rather than empowered.

According to Namita Bhandare, a writer on social and gender issues, there is no need for a squad.

In their previous incarnation, stories abounded of the excesses of the squad. Several young men accused of allegedly harassing girls were forced to shave their heads. A female police officer asked a young man to do sit-ups for being in the company of a female friend. A video of the same incident went viral and led to anger against similar excesses.

The Romeo hunters were disbanded, but now that the same government has returned to office for another five years and they are back. In the eyes of the ruling party, the name Romeo conjures up images of an ‘Eve’ teaser, a female harasser and a stalker. The anti-Romeo squads are expected to perform the role of gallant knights who help women safeguard their purity and honour. The UP Police says that they are trying to book as many roadside Romeos as possible to put an end to the harassment of women.

The squads are viewed with fear by many in the community, and when IPS tried to talk to former victims of the anti-Romeo squads, they declined for fear of retaliation.

Despite the squad’s return, there is no indication that crimes against women have decreased. In statistics released earlier year by the National Commission for Women (NCW) more than 31,000 crimes against women were reported, and over half were from Uttar Pradesh.

The anti-Romeo squad seems helpless before politically powerful men who claim to be religious and dress in flowing saffron robes but threaten to rape women.

In April, a video emerged on social media showing a clean-shaven man in saffron robes speaking on a megaphone from inside an automobile. He threatened to kidnap and rape Muslim women.

The speaker was identified as Mahant Bajrang Muni Das of the Maharishi Sri Laxman Das Udasin Ashram in the Khairabad area of Sitapur, some 80 km from Lucknow.

“I am saying this with love for you that I will publicly drag your daughters-in-law and daughters out of your homes and rape them if any Hindu girl is molested in Khairabad. Muslims will be killed if any Hindu is killed here.”

NCW chairperson Rekha Sharma wrote to the state police chief to register an FIR and arrest the accused. Opposition party spokesperson of the Congress party Supriya Shrinate said that Bajrang Muni is an insult to the Hindu religion and his rape threat mocks law and order in UP.

Shrinate told the Chief Minister that he should act against anyone threatening to rape women.

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Will Apex Court Ruling Remove Stigma for Sex Workers in India? — Global Issues

Activists, Tahira Hasan, and Shahira Naim welcome the Supreme Court ruling which recognises sex work as a profession. However, questions are asked about whether the ruling is enough to guarantee that those in the profession no longer face harassment.
  • by Mehru Jaffer (lucknow)
  • Inter Press Service

The top court ruled that sex workers should be treated with dignity and that workshops be held to make them aware of their rights.

“This is a welcome step taken by the country’s top court. It is only fair to reiterate that sex work is a profession like any other. It is the duty of society to ensure that sex workers can earn a living without harassment,” Hasan told the IPS.

In the absence of a law, the Court invoked its special power under Article 142 of the Constitution to issue guidelines that define sex work as a profession.

A three-judge bench headed by Justice L Nageswara Rao said that sex workers are entitled to protection and dignity in the eyes of the law.

“Notwithstanding the profession, every individual in this country has a right to a dignified life under Article 21 of the Constitution of India,” said the Supreme Court order, as published on LiveLaw.

“Whenever there is a raid on any brothel, since voluntary sex work is not illegal and only running the brothel is unlawful, the sex workers concerned should not be arrested or penalised or harassed or victimised.

“When it is clear that the sex worker is an adult and is participating with consent, the police must refrain from interfering or taking any criminal action,” reads the judgment.

According to the ruling, sex workers cannot be discriminated against by police officials when they lodge a criminal complaint, especially if the offence committed against them is of a sexual nature.

It said that the police could not intervene unnecessarily in the business of sex workers, and the police should be sensitised towards them. The latest guidelines rule that sex workers be provided medical and legal care.

(The) “basic protection of human decency and dignity extends to sex workers and their children, who, bearing the brunt of social stigma attached to their work, are removed to the fringes of the society, deprived of their right to live with dignity and opportunities to provide the same to their children.”

The Court made particular reference to the children of sex workers, noting that “if a minor is found living in a brothel or with sex workers, it should not be presumed that he/she has been trafficked. In case the sex worker claims that he/she is her son/daughter, tests can be done to determine if the claim is correct and if so, the minor should not be forcibly separated.”

The apex Court has also ordered the police not to reveal the identity of sex workers to the media and has asked the Press Council of India to issue appropriate guidelines in this regard.

According to the Court, what the sex workers do for their health and safety cannot be construed as an offence. It reminded the country that Article 21 of the Constitution gives every citizen the right to live a dignified life and practice their profession without fear.

The Court has asked the government for its opinion on the guidelines for sex workers. It asked the government to clarify its stand on recommendations made by a panel in 2011 for exempting adult sex workers who engaged in consensual sex from being criminalised.

The central government needs to develop a law for sex workers. Until that happens, the Court would like to see the rehabilitation of sex workers. Police, it said, should undergo sensitisation training because they are often accused of abusing and subjecting them to violence.

However, Shahira Naim, journalist and social activist, wonders if the recent Court ruling will improve the plight of sex workers. While sex work has always been legal in India, but society treats those involved with contempt.

Despite the concern expressed by the Court, sex workers, especially women, continue to be denied dignity.  When hotels are raided, it is often the prostitute who is arrested while the male client and the pimp are allowed to escape. Training the police is necessary where it is not easy to wash away the stigma connected to the profession.

It is the enforcement of laws that will restore dignity.

“Till the stigma attached to the profession is dealt with, sex workers will continue to be disrespected in society. A good law alone cannot make life easy for them, but practising the spirit of the law will help,” Naim said.

Sex workers remain vulnerable to this day. There is the example of the 42-year-old woman killed in the southern Indian city of Bangalore by a security guard for refusing to have unprotected sex with him. In January 2020, the security guard was kicked by a sex worker when he tried to force himself upon her without a condom. He asked her to return the money he had already paid her for sex. Angry and afraid because she made a noise, the security guard allegedly slit the throat of the prostitute and escaped.

According to newspaper reports, the police eventually traced the murderer and took him into custody.

A sex worker who did not want to reveal her name said the existing laws are not bad, but they are not implemented in the way they should be. The court’s recent ruling is yet another appeal to society to practice the law of the land in spirit.

The ruling puts the plight of sex workers at the centre of a public debate at a time when people continue to be embarrassed to talk about it. The topic is taboo. Even mentioning sex workers is considered sinful in a society that once celebrated prostitutes. In Indian mythology, prostitutes are described as celestial beings. They are mentioned as a perfect incarnation of beauty and whose musical talent and masterful dance steps were appreciated by ancient society.

But it has been a long haul for contemporary sex workers who continue to struggle for a little more dignity in life. While voluntary sex work is legal, running a brothel is illegal in India. If brothels, hotels, pimping and propositioning are all illegal, then how and where the sex worker is supposed to carry out her business, questions Naim.

This kind of harassment ought to end as the Court reiterates that sex work is a profession like any other and that the police should neither interfere nor take criminal action against adults and consenting sex.

But if and when the harassment will end is the question.

IPS UN Bureau Report


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