India’s Supreme Court Ruling

section-377.jpg
On September 6, 2018, the Supreme Court of India ruled that Section 377 of the Indian Penal Code was unconstitutional. The section – enacted in 1861 when India was still a British colony – effectively criminalized gay sex.

India’s LGBT communities erupted in euphoria. The Indian and international press joined in the jubilation with one BBC headline ringing, “India’s Supreme Court Legalizes Gay Sex … ”

The Supreme Court’s decision marks an important beginning for India’s LGBT and for the country. For India’s sexual minorities, it represents a victory in a long struggle against an inhumane and draconian law. For India, the ruling holds the promise of a new era where India starts to step out from the shadows of its colonial past.

I too was euphoric after reading the headlines only to confront a few sober realities.

First, the Supreme Court of India ruling has not legalized gay sex. It has declared that the law discriminated against LGBT sex is unconstitutional. The law is still in force and cannot be repealed or amended except by an act of Parliament.

Second, as long as it remains on the books, the section will continue to be invoked. Certainly, a better off and well-informed gay Indian will now challenge a policeman who tries to lay a charge. But those LGBT Indians who are poor, working class or villagers are less likely to contest the enforceability of the law.

Third, the ruling leaves untouched the more basic challenges facing India’s LGBT communities. In particular, the ruling does not recognize India’s LGBT communities as legal persons who can claim basic rights or freedoms as any other Indian. It has brought India’s LGBT persons out of the shadow of criminality, without making them persons under the law.

If anything, the Supreme Court ruling stands for the same principle that Canadian Prime Minister Pierre Trudeau made back in 1967 that “there’s no place for the state in the bedrooms of the nation.” Tushar Mehta, the Assistant Solicitor-General for the Government of India, has otherwise made it clear that the Government of India will construe the ruling narrowly so as not to accord legal status to the LGBT citizens of India in terms of marriage, property rights, government benefits or inheritance.

India’s LGBT communities have just won their first battle against the state, but their war for recognition as equal citizens under the law has yet to begin.

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Russia is a threat … or is it?

Putin Threat

Why does the United States perceive Russia as a threat?

Powerful countries like the United States have always viewed other powers (or rising powers) as threats. Athens felt threatened by the rise of Sparta. The United Kingdom and France historically viewed one another as threats, and both countries viewed a rising Germany as a threat on the road to World War I.

The threat of the “other” nation is also a matter of perception. Like individuals, nations find it difficult to perceive reality objectively. Their perceptions are instead processed through and conditioned by their own historical, nationalist and cultural beliefs and biases. The resulting distorted perception is taken as reality.

The United States’ perception of Russia is obscured by the shadow of the Cold War. The Soviet Union not only challenged the United States politically and militarily but was seen by the U.S. as ideologically threatening and unassimilable. Russia today is seen as openly defiant and dangerous. Whether it’s facing off against Washington over Syria, interfering in the U.S. election or refusing to democratize, Russia is large, powerful and plays by its own rules.

Is Russia a threat to the United States? This is largely a question of perception. Perhaps it’s only natural for the United States to view powerful countries like Russia (or rising powers like China) as threats to its own power. In Russia’s case, however, America’s perceptions are further clouded by memories, beliefs and assumptions arising from the Cold War. The result is a distorted view of Russia, the so-called threat.

– Thanks to Marco, a dear friend; and Bilal, a beloved nephew

 

 

 

 

A Tale of Two Indias

Indus Valley

In a recent paper, scientists from the United States, Russia and India, have concluded that the Indus Valley Civilization was the result of a mixing of South Asians and Iranian peoples.

The study also concludes that the group previously known as “Aryan” were in fact pastoral communities from Central Asia which moved south from the steppe into the Indus Valley.

The study examined the DNA of 612 ancient individuals from across Central Asia, Iran and South Asia. This data was then compared with the DNA of 246 distinct groups in South Asia.

The study identified the Ancestral North Indian and the Ancestral South Indian as the result of the mixing and combination of three potential groups of peoples:

  1. The South Asian hunter-gatherers, the indigenous inhabitants of the subcontinent;
  2. The Iranian agriculturalists who migrated into the subcontinent, and;
  3. The Steppe pastoralists who were also migrants into the subcontinent.

The study provided the following outline based on this genetic data:

  1. The Indus Valley Civilization arises through the mixing of South Asians and Iranians;
  2. The “Aryan” civilization arises through the migration of Steppe pastoralists into the Indus Valley around the 2nd millennium BCE;
  3. Some of the Indus Valley moves further south where they mix with more South Asians, creating the Ancestral South Indian population;
  4. In the North, the Steppe pastoralists mix with the remaining Indus Valley population, creating the Ancestral North Indian population.
  5. Subsequent South Asians are a result of mixing between Ancestral North Indians and Ancestral South Indians.

The implication of this is that there was an “Aryan migration” into the subcontinent from the outside and not vice-versa. That suggestion will anger with the Hindu Rights with its inference that their ancestors and ancestral religion (including the Vedas) originated outside of the subcontinent.

This would undermines the Hindu Right’s claims that they are the original inhabitants of India vis-à-vis those following foreign religions. It also suggests that modern South Asians are a mix of what we previously called “Aryan” and “Dravidian,” with no such thing as a “pure race” or “nation” which is basic to Hindutva.

The Hindu Right is already rewriting history books in India. It is already censoring any views and ideas that would suggest India is the creation of anything but the primordial Hindu Nation. This paper will not affect the momentum of that project, but it does throw to the wind some of the theories on which Hindutva rests.

– Thanks to Satdeep, for inspiration across continents 

 

The Causes We Cherish

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Jagmeet Singh was interviewed yesterday on CBC Radio. The leader of the federal NDP was asked about a seminar he attended with the National Sikh Youth Federation in the U.K. in 2016. The organizer of the National Sikh Youth Federation, Shamsher Singh, was heard discussing the legitimacy of armed struggle by Sikhs in the creation of Khalistan.

In his radio interview, Singh condemned terrorism without condemning the Khalistan movement. He expressed sympathy with the pain and trauma suffered by Sikhs, while dodging any suggestion that the Khalistan movement was a terrorist movement.

Within hours, the internet was awash headlining Mr. Singh’s name with phrases like “Sikh separatist,” “blood hatreds” and “strange loyalties.”

The Khalistan movement was a violent and divisive movement. It bloodied the towns and villages of the East Punjab for nearly a decade. Its leader, Jarnail Singh Bhindrawale, turned Sikhism’s holiest shrine, the Golden Temple, into a military stronghold. And the movement turned a generation of young Sikhs into militant separatists.

Murderous and divisive as its legacy has been, the Khalistan cause has long since fallen on the losing side of history. The Canadian media is right to question such causes or, as in the case of Singh, its suspected supporters. Yet the same also fails repeatedly to question those politicians who support “winning” causes like Israel, Saudi Arabia or Canada’s policies towards its own Aboriginal peoples.

Justin Trudeau illustrated this point last month when he visited India. Trudeau met with India’s Prime Minister, Narendra Modi, a man whose government has become perhaps the worst violator of human rights in independent India’s history. In 2002, when he was the Chief Minister of Gujarat, Modi presided over the worst anti-Muslim program in India since 1947. Since his becoming Prime Minister in 2014, India has witnessed widespread and repeated abuses of human rights and civil liberties.

Trudeau failed to condemn any of this, and the Canadian media failed to question Trudeau. His “loyalty” to Canadian values like human rights weren’t scrutinized. For Trudeau, unlike Singh, was on the winning side.

Thank you to Z. Makhdoom for inspiring me

The Honorable Asma Jahangir

Last Rites
2:30 PM
Tuesday, February 13
Outside the Gaddafi Stadium
Lahore, Pakistan

Last Public Speech
facebook.com/justiceforpashtuns/videos/1169041573198913

Last Tweet
‘Nehal Hashmi’s tone and words cannot be defended but use of contempt law selectively only undermines confidence in the system of justice’

human-rights-icon-asma-jahangir-passes-away-in-lahore
great-women-of-punjabi-origin/#ASMA
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Thinkfest Promotes ‘gutter literature’ in Punjabi

Thinkfest 2018 chose to promote a sub-standard work on the life of Punjabi author, radio artist and arts activist Nasreen Anjum Bhatti. There was an intense demonstration of solidarity with the late author by people who were there to protest against this choice.

Nasreen Anjum Bhatti reads from her first collection of poetry ‘Neel Karayaan Neelkan’.

The aware Punjabi writers and artists have described the story as ‘yellow journalism’, ‘tabloid literature’, and, of course, ‘gutter literature’.

The text proceeds to carry out ‘character assassination of progressive Punjabi writers such as Nasreen Anjum Bhatti, Shaista Habib, Zubair Rana and Fauzia Rafique’, and it does so in a misogynistic, homophobic and degrading manner. The story is penned by Nain Sukh aka Khalid Mahmood in his book called ‘ayi buray de wa’. The so-called story is a collection of inaccuracies where there are as much as FIVE factual mistakes in FOUR lines of text- about one of the writers attacked who, incidentally, is still alive to point them out.

Uddari fully supports Naeem Sadhu, Lahore’s Feminist Collective, and other individuals and organizations that are getting together to stop this attempt to legitimize yellow journalism as literature, and to resist this onslaught of conservative patriarchal mindset that demeans and degrades women, lesbians, gay men and religious minorities.

Down with the erstwhile ‘friends’ who are promoting and supporting this abusive and filthy text, and who are insisting that it should be accepted as Punjabi literature.

Fauzia Rafique
https://gandholi.wordpress.com/
frafique@gmail.com

Also view
‘Nasreen Anjum Bhatti Ke Leeye – For Nasreen Anjum Bhatti’ a poem by Amna Buttar
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Pakistan: ‘The Lowest Moral Ground’ – Women Action Forum


Ayesha Gulalai Wazir is a Pakistani politician who is currently a member of the National Assembly
of Pakistan representing Pakistan Tehreek-e-Insaf on a reserved seat for women.
‘ Wikipedia

Press Release

‘Women’s Action Forum is shocked and incensed at the male abuse and threats against Ayesha Gulalai for speaking out against her alleged sexual harassment within the PTI. WAF is more dismayed at those women who are themselves targets of abusive misogyny, and then join the male squads in suspecting women for lying and fabricating their abuse for financial gain. Abuse against political women like Benazir Bhutto and those who stand up for their rights against cruelty, such as Mukhtara Mai, Malala and so many Pakistani women is a deliberate strategy to intimidate all women who dare to enter or speak out in male public spheres.

‘Those cowardly social media users who are exhibiting blatant criminal behaviour and terrorizing Gulalai with threats acid attacks and sending jirgas to her house should come into the real world and meet women survivors of such crimes. When party leaders tolerate or laugh off verbal abuse and harassment of women, it creates impunity and encourages the harassers to become more violent in their threats.
There is not doubt that the PTI has introduced a culture of openly abusive politics in Pakistan. If Naya Pakistan is so empty of empathy, compassion, neutral reflection and is so morally hypocritical then maybe the old Pakistan was a better place, which was at least not brazen in claiming pride over such spiteful misogyny against women.

‘We urge all political parties to take urgent action against such political persecution of women and open inter-party investigations over such serious allegations. WAF rejects all constitutional farces introduced by Zia ul Haq, including articles 62/63. Our message to abusive Pakistanis; Forget sadiq and ameen… just be law-abiding, respectful human beings.’

Women’s Action Forum, Karachi.
August 5, 2017

Uddari is in full support of the standpoint expressed by WAF in the press release.

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