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Execution of Yakub Memon: An act of revenge or justice?

30/7/2015

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PictureHanging Yakub Memon would nothing but make but make killers of us all! Representative graphics. Courtesy- inagist.com
On the late hours of Wednesday as the President of India rejected 1993 Bombay bombings convict Yakub Memon’s mercy petition on his death sentence, the curtains were finally pulled over a more than 20-year long legal quest. Apparently, Memon will sentient his last dusk, will be experiencing a living darkness a last time, for after his execution at 7 in the morning of July 30, few minutes of pain will be filled with a never ending macabre of darkness.

May be this is the end to Yakub Memon saga, but the biggest question is, is this an end to terrorism or hatred? As the television channels were relentlessly covering the final hearing of Yakub Memon’s death sentence in the Supreme Court, I saw a gentleman who lost his kin in the mortifying blast expressing his stance over the upholding of Memon’s death sentence by the apex court. He acted happy and content, according to him, Yakub Memon’s execution will bring justice to the victims and their families. But, more than the feeling of contentment as a recipient of justice, his eyes spoke the triumph of vengeance! Which perhaps makes us question, will the hanging of Yakub Memon really bring justice or it will satisfy our warm blood of revenge?

It seems asking questions on the degree of sentence in the case of Yakub Memon, there’s been a paradigm shift from the real subject. While the debate should have been if capital punishment be awarded to Memon, the debate mostly hovered on if Yakub Memon be accorded death penalty. But, certainly this entire episode has reintegrated the echo of a fresh debate on the relevance of capital punishment.

According to Amnesty International, there are thousands of people in this country who believe that the use of death penalty is arbitrary, flawed and biased. Death penalty is merely short term revenge and death in any form can’t bring justice to anyone. Moreover, death and a few minutes of fear before it is not what can be termed as punishment. We have been made to believe that death penalty might work as a deterrent towards the crime rate or creating fear in the minds of the perpetrators. However, there’s no evidence or research to suggest that death penalty actually succeeded in bringing down the crime rate or created a sense of fear. A shocking survey reveals that in western countries where death penalty is still prevalent, the crime rate is higher than the countries which have abolished capital punishment.

Coming back to Yakub Memon, I would have compelled to believe that Yakub’s execution is an act of sheer justice only if it can promise that with Yakub’s death there will be deterrence in terrorism, it will instill a fear among anti-national organizations, it will bring down the crime rate at large. And if that can’t be vouched, hanging Yakub would be termed nothing more than a legal murder! Killing can never transform a society; it cannot serve or justify a community or society in any form. There’s a lot more to do, to make the society grow.

Television coverage showed visuals of crowd cheering slogans of Bharat Mata Ki Jai outside Nagpur jail; people clicking selfies and added to it anchors discussing about the size of the rope and breakfast menu before Yakub’s execution! It makes me wonder, are these celebration for justice or we are quenching our thirst of revenge?

Hanging Yakub Memon would nothing but make but make killers of us all. While the 1993 blasts or any unlawful killing is extremely lamentable, the state awarding capital punishment is simply another act of killing! The mere difference is this is under the legal frame work and is an organized killing; therefore we are bound to accept it. But, the process barely justifies the result, for a killing is a killing, be it legally or illegally!

According to the law, only the rarest of the rare cases deserve capital punishment but earlier, while examining the parameters of the rarest of the rare cases, the opinion of the society must also be considered in course of judgment. Now, this in itself is very shocking. How can the combined social will towards a particular case be surveyed? Does this mean that the judicial system must go along with the street noises? If a person is against death penalty in a particular case, how can they register their discontentment? If that’s really the case, why a galore of country’s bigwig voices for Yakub Memon, go unheard?

I suppose, to uplift the society in terms of aesthetic and moral grounds, focus should be on creating a space for education, acuity, equal access to justice and legal opportunity and eradication of poverty instead of just killing the offenders.

Justice must prevail and nobody is above law, as law abiding citizens we comply by the virtue of a pristine judiciary. But, I will have a more firm believe in the country’s highest body when stringent punishment is ensured for every perpetrator behind gruesome crimes including the likes of Pragya Thakur, Dara Singh, Aseemanand, Purohit among others. The law is certainly equal for all be it an accused of 1993 Bombay blast or 2002 Gujarat carnage, be Yakub Memon or someone holding an powerful political stature, nobody should go scot free!



(The first version of the article was published in countercurrents.org and Kashmir Monitor)


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Not simply lauding but Sania owes Modi’s apology!

15/7/2015

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Picture
Victorious fist: Sania apparently is well appraised of how to make a louder noise with her achievements and victory. Image courtesy: The Indian Express
PictureOn July , 2014 an attern act of BJP leader, K Laxman questioning Sania's nationality touched her raw nerves. Screen Capture- NDTV
A jam packed center court, million eyes glued to their television screens for certainly it was that kind of a match for which Indians could perhaps afford to forlorn their obsessions of cricket and football! Some climatic interruptions, interlude by injuries and after going down 7-5 in their first set, the Sania-Hingis duo reinvigorated their path to the crown. Not only they made a startling comeback but scintillatingly kissed the Wimbledon women’s double cup outnumbering the pair of Makarova and Vesnina by 5-7, 7-6 (4), 7-5 in the nail-biting summit clash that lasted two hours and 25 minutes.

The month of July would certainly hold a special significance in ace tennis star Sania Mirza’s diary. Not just because she elated every Indian by creating history in SW19, but because amidst the buoyant feelings her memory would certainly reckon this month a year back, when right wing fanatics under the saffron flag questioned her nationality.

It was on July 22 last year, soon after her appointment as the ‘Brand Ambassador’ of Telangana, the Bharatiya Janata Party (BJP) came down to bigotry politics. BJP leader K Laxman not only raised questions over Sania’s appointment as Telangana’s brand ambassador but also went to the extent of spewing venom terming her as ‘daughter-in-law of Pakistan.’ Sania known for being surrounded by the vitality of her personality sheerly condemned the attern act of the BJP leader, but more than that the incident touched her raw nerve. She was irritated, cheesed off for everytime being a target of the patriarchal mindset or for her Pakistani spouse. Her pain was evident everytime she spoke on the issue and finally it was her interview to a national channel where she poured in all her emotions on the bizarre controversy.

It was an interview of Sania Mirza three days after the BJP leader’s outrageous comments. On one side of the screen was one of most audacious journalist Barkha Dutt who began by asking her reaction on the most nonsensical yet heightened controversy sparked by the BJP leader. “It was extremely hurtful for me. It’s really unfair that I have to keep or rather we have to keep justifying our Indianess, keep asserting our Indianess time and again,” said a fatigued, pale looking Sania with watery eyes. As the cameraman took cut away shots of her eyes, they were speaking much more as she tried to hide a thousand emotions behind them. “After winning medals for the country after playing for the country for so many years such incidents do hurt, I don’t understand whether it has something to do with my gender or whatever. This hurts me the most,” added Sania while her voice turned shaky and her words started cracking. While she went on to explain about her marriage galvanizing the controversy, she finally succumbed to the emotions. “Many a time I am asked this question about his (Shoiab Mallik) nationality, but to be honest which country he is from that didn’t even cross my mind when we first met, so I don’t understand why it has to cross anyone else’s mind.” Speaking the last few words she choked and Barkha did the right thing giving her enough space to get over her emotions. As tears drops ticked down Sania’s cheeks, silence prevailed for close to a minute. There was certainly no answer to BJP’s cheap, divisive and bigotry politics. Assuredly along with Sania many Indians watching the interview had lumps in their throats as well. For a sport star who has held the tricolor high bountiful times before, she certainly understands carrying the responsibility of patriotism better.

Barkha finally broke the thunderous silence, by apologizing to Sania. “I can only say sorry Sania, on behalf of all the Indians who are very proud of you,” said Barkha who looked equally emotional and so true was she. After a silly controversy inducing tears on an international icon one is perhaps left speechless to console her. But, most importantly console for what and why do she even has to owe an explanation just because a politician who barely understands sportsman’s spirit tried to make her, his political forage!

More than anything else what intrigued me to write this piece was a comment by one of my social media follower who hammered Indian hypocrites stating, ‘just because Sania has won she is India’s daughter and need not prove her nationalism, but losing Wimbledon would have made her daughter-in-law of Pakistan.’ After Sania’s victory among the congratulatory messages from various bigwigs included that of our PM Narendra Modi, who tweeted: Well played @mhingis & @MirzaSania. You played wonderful tennis & registered a fantastic win at @Wimbledon. We are proud & very happy.

But, I believe it would have more appropriate if the PM along with lauding the star would have apologized, for once having disgraced Sania by his own partyman. Tough more apt would have been the PM seeking an apology back then when his party leader defamed a national icon of her stature but PM Modi as always back then or now has preferred to remain either mum, or managed to trivialized or dodged the acts of his party people that often have hurt national sentiments. India just came over bearing a voiceless PM for two terms, but after espying his rhetoric essence Modi was voted to power with an unprecedented victory margin.  Now, Modi who once ridiculed our erstwhile PM Dr. Manmohan Singh, himself turning dumb on key issues is certainly detrimental to the nation!

While Sania, as her twitter profile reads, ‘dreamer, believer, doer. Even against all odds,’ certainly walks the talk. Every time be it religious fanatics or the right wing saffron brigade have tried to heckle her, she has succeeded in coming back with more vigor. After her grand victory she expressed herself in mere seven words, twitting: Allhamdulillah ..first and foremost what a day it's been... Wowwww.

Certain feelings are inexpressible or may I put it as, feelings are better expressed when left unexpressed! Sania apparently knows that well, she is well appraised how to make a louder noise with her achievements and victory. She knows that every resentful statement of fanatics would be wiped off and would perish in the thunderous clapping of her fans worldwide who lauds every victory of hers.



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After 25 years the dark shadow still continues

6/7/2015

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Picture
Politicking things and lack of a constructive solution has only augmented the flames of anguish among the people of the valley. Image courtesy- kashmirglory.com
PictureViolent protests and ferocious clashes with security forces have been a common sight over the years. Image courtesy-kashmirmonitor.in
Following my daily chores while I was browsing though a few of the candid news portals, I stumbled upon on one reading the headline ‘Woman stripped naked publicly in Jammu & Kashmir, army jawan among the accused.’ Though for people residing in other parts of the country this is apparently an awe-striking piece of news, however for the inhabitants of Kashmir valley this just another addition to the long list of heinousness prevailing in the ‘paradise of earth’ for two and half decades now.

As I pen down this piece Jammu and Kashmir completes 25 dreadful years under the purview of the draconian law Arms Forces Special Power Act and this law has just given enough room for numerous horrendous incidents as above! Enforced in the northern Himalayan state in1990, according to reports AFSPA officially became active from July 5. 25 years of painful presence, 25 years of relentless objection, 25 years of opportunistic politics, 25 years of gruesome bloodshed yet the grim hue continues to hover over the majestic grandeur of the valley.

Unlike any other law the exorbitant power provided to the men in uniform under AFSPA often stretching to unrestrained levels make this law detrimental to public life. The provisions may include unbridled powers to raid without evidence or warrant and use force, even fatally; both commissioned and non-commissioned personnel having immunity; arresting without a warrant anyone who has committed cognizable offences or is reasonably suspected of having done so and may use force if needed for the arrest; entering and searching any premise in order to make such arrests, or to recover any person wrongfully restrained or any arms, ammunition or explosive substances and seize it, among others provisions.

Therefore, falling prey to extreme power AFSPA often becomes a reason behind inhuman atrocities, rape, sexual violence and other spurious acts.

Who isn’t appraised about the infamous Thangjam Manorama case? It was way back in 2004 when Assam Rifles personnel picked her up on suspicion of being hand in gloves with militant groups. However, days later her lifeless body was recovered left after being raped. As per reports she was shot by army personnel in her vagina!

Though, this particular incident elicits the inhumane picture of Manipur dwelling under AFSPA but lines can certainly be drawn with Kashmir where incidents of such heinousness have been reported too. Not just rape and sexual atrocities but incidents of fake encounters in bounty have also come to light.

Back in 2011, Nazim Rashid, 28 was busy in his shop when a group of Special Operations Group personnel citing his involvement in the murder of a local businessman picked him up. While Rashid’s family was in total darkness about his whereabouts, Rashid was kept at an undisclosed location and subjected to inhuman torture. Unable to bear the pang, Rashid succumbed to the barbaric atrocities of the uniformed personnel. The custodial death led to wide spread violent protest in the valley, but only to perish slowly. Public anger is short-lived and apparently, the incident to drowned out of the minds and Nazim Rashid became another one of the many victims.

Lt Col JS Brar of the Indian Army in an interview to BBC once said, “Awards are given for individual bravery of a soldier.” Perhaps, the greed of a bravery medal sometimes compels the personnel to help of fake encounters! 
In was during the month of April in 2010, when three men mysteriously disappeared from the Kashmir valley. Few days later their bodies were found along the Line of Control (LoC) that separates Indian and Pakistan. Initially, the army informed the police that the trio hailed from militant groups and Pakistani currency along with arms and ammunition were recovered from them. However the picture turned murkier when the police during preliminary investigations found that the three had been killed in a choreographed gun battle in a frontier area. Subsequently, startling revelation in the entire episode elicited that the trio were kidnapped by a major of the Indian Army who offered them jobs as porters.

Few of such unlawful acts by the army get reported and the truth is revealed, while a galore of innocent lives remain buried in ‘unknown graves.’ As reported in the media a few years ago nearly 3,000 unnamed graves in the Baramulla and Kupwara districts were discovered by various human rights groups.

Thus, amidst the magnificent and charismatic aura of Jammu and Kashmir remains the macabre of inhumanity, a thousand cries of pain and lost innocence. But, there are too many, too many to keep a count on, too many to report, too many to search for!

Though politicians including the likes of former Jammu and Kashmir Chief Minister and erstwhile union home minister P. Chidabadam have advocated the revocation of AFSPA-often compared to the deadly cyanide, however public cries and demands have perhaps become forage of political hullabaloo. There remains different versions supporting and opposing AFSPA from professional stalwarts. There have been heated television debates where experts sitting in air-conditioned studios have ushered their audacious expertise. Yet, even after 25years of discussions, under the dark haunting shadows of AFSPA there is a new Thangjam Manorama, a new Nazim Rashid dying gruesome death everyday.



(This article was published in countercurrents.org and axom.in)



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