Missing the point: What the protesters against the Kathua rape-murder haven’t got it right?

Samvartha ‘Sahil’ | coastaldigest.com
April 16, 2018

The rape of a minor in Kathua in Jammu and Kashmir, followed by her brutal murder has gained the attention of India, even if it is after three months. In these three months the civil (?) societies, the lawyers, the politicians belonging to the right wing in Jammu have without any hesitation come out in public to shield the perpetrators. These facts when brought to light, the liberals of India rightly got enraged as much as they got outraged on hearing about the rape of the minor girl belonging to the Bakarwal community, a nomadic tribe.

While nothing better than supporting perpetrators could be expected from the right wing, my disappointment is with the liberals, though I believe that the protest being registered is a necessary gesture. Here I would just like to list my disappointments…

Firstly, the case of Kathua and Unnao, though barbaric and unacceptable, are being mentioned in one breath as if they are similar. No, they aren't, even when both of them are inhumane. The question how will be answered through my elaboration of the other disappointments.

The case of Kathua temple rape is not being communalized and politicized by the ones underlining the religious and political identity of the girl. The rape happened because of her religious and political identity. So if anyone brought religion and politics into this, it is not those who are highlighting the identity markers but those who perpetrated violence. The cry of some liberals requesting to not make the incident “about religion and politics,” marks their ignorance of the details in this case.

The issue of Kathua cannot be seen in isolation, distancing it from the history of rape used as a weapon by the Indian state in Kashmir and on Kahsmiri people. Had the girl been raped for being a girl alone, we could have spoken only about humanity and patriarchy. But since she was raped for being a Muslim and a Kahsmiri, let’s talk primarily about the state of minorities and the way Indian state has conducted itself in Kahsmir, especially with relation to women.

Amidst all this, I fail to understand the tweets of people like Javed Akhtar who wants to remind people of the ways in which Bakarwal people showed their loyalty to India and asking us to be in solidarity with the victim. The question to be asked is, what if Bakarwal people were anti-Army? In that case would Javed sahab be okay with the rape? Or does he want us to be okay with rape?

The issue of Kathua rape and murder, for many liberals, has become a scoring point against the Bharateeya Janatha Party. I have no doubts about the BJP being a disgrace to democracy, which one needs to get rid of. But I find it morally disturbing when the issue of Kathua rape is being used to churn anti-BJP public opinion alone. If at all the Kathua incident has troubled the Indian liberals then it should enable them to see the connection between the Kashmir dispute and the rape and murder of Kathua. To see it as a symbol of the maliciousness of BJP alone is to not understand the context of the Kathua rape and murder. Restricting the discussion to the role of BJP alone is parking the vehicle mid-way and aborting the truth before one has arrived at it completely. More importantly it will be dilution of the matter. The interconnectedness between occupation of Kashmir and the Kathua incident exists beneath the surface and one more round of scratching is enough to reach there. Very hesitantly I make this statement: If intelligence is a slave to convenience, then it is not just a moral corruption but also a sign of opportunism.

The liberal discourse around Kathua has been reeking of poverty of understanding, knowledge, sensitivity and imagination too. In extreme conditions of history, such as this, to be a liberal centrist is to let down the victims and let violence continue on the socially, politically vulnerables.

If the Indian liberals are actually horrified, as they claim to be, then the question is if the Indian liberals will at least now acknowledge Kunan Poshpora and innumerable such rapes in Kashmir (Handwara, Shopian, Islamabad, Trehgam, Doda etc) orchestrated and conducted by the Indian army? Will they stop seeing the Kathua incident out of context? If not then the liberals need to reimagine their politics.

 

[Samvartha ‘Sahil’ is a freelance writer based out of Manipal, Karnataka. An alumnus of Jawaharlal Nehru University, Delhi and the Film and Television Institute of India, Pune he has earlier worked as an academician at Manipal University and as a journalist with The Hindu. He is a columnist with The State now and earlier with Karavali Karnataka and Kannada Prabha. His book on the travel experiences in Jammu and Kashmir during the 2016 uprising is about to be published by the Karnataka Sahitya Akademi.]

Comments

Danish
 - 
Monday, 16 Apr 2018

Still, the protests are not in organised form and failed to meet its goal. Diverts from the actual goal.. It became just to vandalise properties in many states

Unknown
 - 
Monday, 16 Apr 2018

Along with protests, there is some moves to defame entire india with some photoshoped images.. People already started to send those with some fake msgs like BBC carried etc. Because of Modi and almost all perveted minds of BJP shaming entire country.

justiceforasifa
 - 
Monday, 16 Apr 2018

ಆಶಿಫಾಳ್ ಸಾವಿನ ಸುತ್ತ ನೂರೆಂಟು ಸಂಶಯದ ಹುತ್ತ

 

ನಮ್ಮ ದೇಶದ ಕಾನೂನಿನ ಪ್ರಕಾರ ಅತ್ಯಾಚಾರಕ್ಕೊಳಗಾದ ಹೆಣ್ಣಿನ ಹೆಸರು ಐಡೆಂಟಿಟಿ ಬಹಿರಂಗಗೊಳಿಸುವುದು ಕಾನೂನುಬಾಹಿರ. ಆದರೆ ಹೆಣ್ಣಿನ ಧರ್ಮ/ಜಾತಿ ಬಹಿರಂಗಗೊಳಿಸುವುದು ಕಡ್ಡಾಯ!! ಶಭಾಶ್. ಯಾಕಂದ್ರೆ ಇಲ್ಲಿ ಅತ್ಯಾಚಾರಕ್ಕೊಳಗಾದ ವ್ಯಕ್ತಿ ಮುಖ್ಯವೇ ಅಲ್ಲ. ಅವರ ಜಾತಿ ಧರ್ಮವೇ ಮುಖ್ಯ. ಅದೇ ತಾನೆ ರಾಜಕೀಯ ಲಾಭ ನಷ್ಟಗಳಿಗೆ ಮೂಲ!?

ಅತ್ಯಾಚಾರ ಆರೋಪ ಎದುರಿಸುತ್ತಿರುವ ಆರೋಪಿಯ ಪರ ಸಾವಿರಾರು ವಕೀಲರು ರಸ್ತೆಗಿಳಿದು ಹೋರಾಟ ಮಾಡುತ್ತಿದ್ದಾರೆಂದರೆ ಈ ಪ್ರಕರಣದಲ್ಲಿ ಸಾಕಷ್ಟು ಗೊಂದಲಗಳಿವೆ ಮತ್ತು ಸುಳ್ಳಾರೋಪ ಕೋಡಾ ಇರ್ಬಹುದು.

ಮೊನ್ನೆಯಿಂದ ನಾನು ನೋಡುತ್ತಿದ್ದೇನೆ ಕೆಲವು ಸಾಮಾಜಿಕ ಜಾಲತಾಣಗಳಲ್ಲಿ ಈ ಅತ್ಯಾಚಾರದ ಪ್ರಕರಣಕ್ಕೆ ಧಾರ್ಮಿಕ ಲೇಪನ ಅಂಟಿಸುತ್ತಿದ್ದಾರೆ ತೊಂದರೆ ಇಲ್ಲ ಮತ್ತು ಇದೆನ್ನು ಹೊಸದೇನಲ್ಲ

 

೧ ) ಆಶಿಫಾಳ್ ಅತ್ಯಾಚಾರ ಯಾವ ದೇವಸ್ಥಾನದಲ್ಲಿ ನಡೆದಿತ್ತು ಆ ದೇವಸ್ಥಾನದ ಹೆಸ್ರಯಾಕೆ ಬಹಿರಂಗ ಪಡಿಸುತ್ತಿಲ್ಲ

 

೨ ) ( ಆಶಿಫಾಳ್ ತಂದೆಯ ಹೇಳಿಕೆ ) ಒಂದು ವಾದವರೆಗೆ ಆಶಿಫಾಳನ್ನು ಎಲ್ಲಾ ಕಡೆಗೇ ಹುಡುಕಿದೀವಿ ಎಲ್ಲಿಯೂ ಸಿಗಲಿಲ್ಲ ಕೊನೆಗೆ ದೇವಸ್ಥಾನದಲ್ಲಿ ಮೃತಪಟ್ಟು ಶವಯಾಗಿ ಸಿಕ್ಳು. ಹಾಗಾದ್ರೆ ಒಂದು ವಾರದವರೆಗೆ ದೇವಸ್ಥಾನಕ್ಕೆ ಯಾರು ಬರಬಾರದಂತ ಸರ್ಕಾರ ರಜೆ ಕೊಟ್ಟೀತ್ತಾ ?

 

೩ ) ಇನ್ನು ಕೆಲವರ ಹೇಳಿಕೆಯ ಪ್ರಕಾರ ಅತ್ಯಾಚಾರಿ ಅತ್ಯಾಚಾರ ಮಾಡುವಾಗ ಜೈ ಶ್ರೀ ರಾಮ ಅಂತ ಘೋಷಣೆ ಕೂಗುತ್ತಿದ್ದಂತೆ ಛೇ ಎಷ್ಟ ಮಸ್ಕಾರಿ ಮಾಡ್ತಾರಲ್ವಾ ನಾಯಿಗಳು

ಅವ್ನು ಜೈ ಶ್ರೀ ರಾಮ ಘೋಷಣೆ ಕೂಗಿ ಅತ್ಯಾಚಾರ ಮಾಡುವುದನ್ನು ಯಾರು ಕೇಳಿಸಿಕೊಂಡಿದ್ದು ಅವ್ನನ್ಯಾಕ್ಕೆ ಆ ಬಾಲಕಿಯನ್ನು ರಾಕ್ಷಸರ ಕೈಯಿಂದ ಕಾಪಾಡಲಿಲ್ಲ ?

ಅಥವಾ ಅತ್ಯಾಚಾರ ನಡೆಯುವ ದೃಶ್ಯವನ್ನು ಮೊಬೈಲ್ನಲ್ಲಿ ಸೆರೆ ಹಿಡಿಯುತ್ತಿದ್ದ ?

 

೪ ) ಜಮ್ಮು ಕಾಶ್ಮೀರದಲ್ಲಿ ಪರ್ಸೆಂಟಕ್ಕಿಂತ ಹೆಚ್ಚು ಮುಸ್ಲಿಮರು ಇದ್ದಾರೆ ನೋಟ್ this point ಅಲ್ಲಿ ಹಿಂದೂಗಳಿಗೆ ರಕ್ಷಣೆ ಇಲ್ವೇ ಇಲ್ಲ ಈ ಹಿಂದೆ ಸಾಕಷ್ಟು ಭಾರೀ ದೇವಸ್ಥಾನಗಳು ದ್ವಂಸ ಗೊಂಡಿವೆ ಮತ್ತು ದೇವಸ್ಥಾನಗಳಲ್ಲಿ ಮಾಂಸ ಎಸೆದು ಹಿಂದೂಗಳ ಭಾವನೆಗೆ ಧಕ್ಕೆ ತರುವ ಪ್ರಯತ್ನ ಕೋಡಾ ಆಗಿದೆ ಇದೇ ಕಾರಣಕ್ಕೆ ಅಪರಾಧಿಗಳನ್ನು ಹಿಡಿಯಲು ಎಲ್ಲಾ ದೇವಸ್ಥಾನಗಳಲ್ಲಿ  ಸಿ ಸಿ ಟಿ ವಿ ಕ್ಯಾಮೆರಾ ಅಳವಡಿಸುವುದು ಕಡ್ಡಾಯಗೊಳಿದ್ದಾರೆ

 

೫ ) ಅತ್ಯಾಚಾರಕ್ಕೇ ಒಳಗಾದ ಬಾಲಕಿಯ ಹೆಸ್ರು ಧರ್ಮ ಅತ್ಯಾಚಾರ ಗೈದ ಆರೋಪಿಯ ಹೆಸ್ರು ಧರ್ಮ ಅತ್ಯಾಚಾರ ನಡೆದ ಸ್ಥಳದ ಬಗ್ಗೆ ಬಹಿರಂಗ ಪಡಿಸಿದ್ದೀರಿ ಅಂದ್ಮೇಲೆ ಸಿ ಸಿ ಟೀ ವಿ ಪೋಟ್ಯಾಜ್ ಯಾಕೇ ಬಹಿರಂಗ ಪಡಿಸುತ್ತಿಲ್ಲ

ಅತ್ಯಾಚಾರ ಅಲ್ಲೇ ನಡೆದಿದೆಯೋ ಅದೇ ವ್ಯಕ್ತಿಗಳು ಅತ್ಯಾಚಾರ ಗೈದಿದ್ದಾರೆ ಅನ್ನುವುದಕ್ಕೆ ಸಿ ಸಿ ಟಿ ವಿ ಫೂಟ್ಯಾಜ್ ನಲ್ಲಿ ಇದ್ದೆ ಇರುತ್ತದೆ ಇದನ್ನು ಕೋಡಾ ಬಹಿರಂಗ ಪಡಿಸಿ ನೋಡೋಣ ಸತ್ಯ ಸತ್ಯತೇ ಗೊತ್ತಾಗುತ್ತದೆ

 

ಹೇಳುವುದಕ್ಕೇ ಇನ್ನು ಸಾಕಷ್ಟು ದೋಷಗಳಿವೆ ಚರ್ಚೆಯಲ್ಲಿ ನೋಡೋಣ

ಚಾರ್ಜಸಿಟ್ನಲ್ಲಿ ಸುಳ್ಳಾರೋಪ ಕೋಡಾ ಬರೆಯಬಹುದು

ಈ ಹಿಂದೆಯೂ ಸಾಕಷ್ಟು ಪ್ರಕರಣಗಳಲ್ಲಿ ಬರೆದಿದ್ದಾರೆ

Anjana Sagar
 - 
Monday, 16 Apr 2018

Those who think that Kathua gang-rape and murder case is unnecessarily being communalized and blown out of the proportion for political reasons should understand following points:

 

1)When the mutilated dead body of the girl was found and the culprits were identified, the innocent parents of the victim did not give the case a communal tinge. Not a single Muslim organization in India tried to drag a community or religion into this case.

 

2)The preliminary investigation sent shockwaves across the world. The culprits reveled that they resorted to such a heinous crime just to threaten the community of the victim and drive them away from village. One of the rapists also revealed that he felt bad to rape a small girl but it was necessary for their “cause”!

 

3)After the arrest of the accused, Hindu Ekta Manch staged a protest demanding the release of the accused. They also demanded that the case should be handed over to the CBI which is fully under the control of union BJP government. Two of the prominent speakers at the protest said that the accused should be released because they are Hindus and victims is a nomadic Muslim. Two BJP ministers also took part in the protest and defended the accused.

 

4)When the two ministers who defended the rapists were forced to tender their resignation, the BJP said that they did not commit anything wrong!

 

5)When Deepika Singh Rajawat, a woman lawyer took up the case, she was threatened by the so called Hindutva groups. The president of the Jammu High Court Bar Association abused her and asked her to stay away from the case.

 

6)In spite of all these facts, the parents of the victim did see it as a communal case. In fact they don’t even know that communal hatred can instigate people to commit such heinous crime. When people started asking how can those Hindutva groups justify a rape saying that victim was a Muslim and culprits were Hindus, BJP leaders started accusing Opposition of communalizing the case! Who communalized the case: The self-proclaimed Hindutva groups or the family and supporters of the victim?

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News Network
November 11,2024

udupistatue.jpg

Udupi, Nov 11: The Karkala town police in Udupi have arrested Krishna Naik, the sculptor responsible for installing a 33-foot Parashurama statue at Umikkal Hill in Bailur, Karkala taluk. 

Naik, the owner of Krish Art World and a resident of Bengaluru's Visvesvaraya Layout, was apprehended in Mahe, part of the Union Territory of Puducherry, for allegedly substituting a look-alike statue in place of a genuine bronze figure at the Parashurama Theme Park in Karkala.

Udupi Superintendent of Police Dr. Arun K confirmed the arrest, stating that Naik faces charges under Sections 420 (cheating) and 409 (criminal breach of trust) of the Indian Penal Code. 

This legal action followed a complaint lodged in June by Krishna Shetty, a resident of Nallur village, Karkala. Shetty claimed that Naik had received a payment of ₹1,25,50,000 from Udupi Nirmithi Kendra for the installation of a bronze Parashurama statue. However, Naik allegedly deceived the government by installing a replica instead.

The statue was unveiled on January 27, 2023, by then Chief Minister Basavaraj Bommai. Current Chief Minister Siddaramaiah has since ordered a CID investigation to probe deeper into the alleged fraud surrounding the statue's installation at the theme park.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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News Network
November 22,2024

Mangaluru: A man fell victim to an online scam, losing Rs 1.7 crore after fraudsters posed as officials from TRAI. According to a complaint filed at the CEN police station, the incident began on November 11, when the complainant received a call from an unknown number at 9:49 am.

The caller, claiming to represent TRAI, alleged that another mobile number registered under the complainant's name was involved in illegal activities in Andheri (East), Mumbai. The caller further stated that an FIR was lodged against the complainant for harassment under the guise of marketing. He was instructed to contact Andheri (East) police station immediately or risk his mobile service being deactivated within two hours.

The complainant was subsequently connected to an individual named Pradeep Sawant, who claimed the complainant was implicated in a money laundering scheme linked to the Naresh Goyal fraud case. Sawant alleged that a fraudulent bank account under the complainant's name was opened at Canara Bank, Andheri, and used to purchase a SIM card for illegal activities. He warned that the complainant could face arrest.

Later, the complainant was contacted via WhatsApp video call by individuals posing as Rahul Kumar (a police officer) and Akanksha (a CBI officer). They allegedly sent fabricated CBI documents to his WhatsApp number. The fraudsters demanded money to "resolve" the case. Fearing threats, the complainant allegedly transferred Rs 1.7 crore through RTGS in batches of Rs 53 lakh, Rs 74 lakh, and Rs 44 lakh between November 13 and 19. A case has been registered at the CEN police station and an investigation is ongoing.

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