Minorities


India growing? It’s not showing, Country unable to break out of class of laggards in UN assessment

The world’s second highest economic growth rate has not yet helped India hoist itself away from its customary position in the global development report card.

The Human Development Report for 2007-08 released by the UNDP today ranked India 128 out of 177 countries, working it out through measures of life expectancy, education and income.

India’s human development index (HDI) of 0.619 puts it just below Equatorial Guinea (0.642) and Solomon Islands (0.602). India’s life expectancy of 63.7 years is sandwiched between Comoros (64.1) and Mauritania (63.2), while Malawi and Rwanda have higher adult literacy than India.

The report found that India’s GDP per capita (purchasing power parity) is $3,452, far below China’s $6,757.

Iceland is at the top with Norway, Australia, Canada, Ireland, Japan, France, the US, the UK, Israel, and Singapore among the top 25 nations in the development chart.

India was ranked 126 by the HDR 2006, a rung higher than the previous year’s 127. This year, it continues to be dubbed a country at medium level of human development.

An economist said he was not surprised that the country’s impressive economic growth rate — only China’s growth surpasses India’s 9 per cent — was not reflected in the human development report.

“Our growth has been lopsided, and has not yet percolated to the masses,” Shyama Prasad Gupta, an economist and a former member of the Planning Commission, said,

India’s richest 20 per cent account for about 31 per cent of the share of income or expenditure, while the poorest 20 per cent account for around 8 per cent, the report said.

“We have two countries in one,” said Abhay Shukla, senior programme coordinator with Sathi-Cehat, a non-government organisation engaged in health and development issues.

The report has ranked India 62 among 108 developing countries in its human poverty index which measures severe deprivation in health in people who are not expected to survive age 40.

“We’re witnessing something called development polarisation. About 20 per cent of the population is showing low mortality and low fertility, key features associated with development, but in the rest of the population we don’t see this change in any significant way,” Shukla said.

The UNDP report suggests that India’s commitment to education measured through public spending dropped from 12 per cent of total government expenditure in 1991 to 10 per cent in 2005.

India’s public spending on health is only 0.9 per cent of its GDP, a fraction of 8.3 per cent in Iceland, 6.9 per cent in the US, 7 per cent in the UK, and lower than China’s 1.8 per cent.

Full report is here http://hdr.undp.org/en/statistics/

For some time now and especially after publication of Sachar Committee Report Muslims put much emphasis on acquiring modern education. In rapidly globalized economy of India, education was promised to be the key to a brighter future for Muslim kids.

A recent study, however, finds that getting a call for interview can be reduced to as much as 33% for a candidate with Muslim names compared to an equivalent-qualified candidate with high caste Hindu name.

Study was lead by Chairperson of the University Grants Commission Prof. Sukhdeo Thorat and Paul Attewell of City University of New York. Beginning in October 2005 and lasting 66 weeks the study involved responding to job advertisements appearing in national and regional English newspapers with sets of resumes that were similar except for names. For each advertised position researchers sent applications with identical qualifications and experience that differed only in names. There was no explicit mention of caste or religion but names were easily identifiable as upper caste Hindu name, Dalit or Muslim names.

Only private companies were targeted and jobs that required little or no experience. In 66 weeks, researchers sent 4808 applications in response to 548 job advertisements. A call for interview or for a written test was considered a success for that application. Researchers were looking to see if chances of receiving an interview call are same for a high caste, a Dalit and a Muslim name.

Two statistical methods on the data resulted in a similar outcome. One method suggested that odds for a Dalit name is 0.67 and for a Muslim name is 0.33 to receive an interview call as compared to an equally qualified applicant with a high caste Hindu name. Another method gave the odds 0.68 and 0.35 for Dalits and Muslims, respectively. Both statistical models results are statistically significant which means that it is highly unlikely for this to happen by random chance.

The researchers concluded that “having a high-caste name considerably improves a job applicant’s chances of a positive outcome” adding that “on average, college-educated lower-caste and Muslim job applicants fare less well than equivalently- qualified applicants with high caste names, when applying by mail for employment with the modern private-enterprise sector.”

This is not surprising; Sachar Committee also found that private sectors had a dismal representation of Muslims. Sachar Committee recommended sensitizing private sector about diversity in their work force and suggested boosting Muslims recruitment through positive discrimination and affirmative action. Sachar Committee Report proposed the idea of an incentive based ‘diversity index.’

Sachar Committee Report also noted that “our data shows when Muslims appear for the prescribed tests and interviews their success rate is appreciable. This applies both to the public and private sector jobs.” But the present study suggests that any Muslim has about one third of a chance for landing that test or interview compared to a high caste Hindu.

Thorat and Attewell in their research article published in October 13th, 2007 issue of Economic and Political Weekly write that despite legal safeguards when a social group remains backward then it is blamed on group’s low level of education. These two who have been studying discrimination in United States and India states that discrimination is not acknowledged in a modern capitalist economy.

This study conclusively proves that there is discrimination in corporate India against Dalits and Muslims, with Muslims suffering the most.

“These were all highly-educated and appropriately qualified applicants attempting to enter the modern private sector, yet even in this sector, caste and religion proved influential in determining ones job chances,” researchers commented.

twocircles 

Counter View: A Few Myths, Fewer Facts about Muslims

When Zakir Hussain was sentenced to death by hanging for his part in planting the bombs during the “Bombay Blasts” of 1993, he shouted, “If a Hindu does something, a commission is set up. But if a Muslim does something, he is hanged.” This was in reference to the destruction of the Babri Masjid and the riots that had followed in December 1992 and January 1993.

The Srikrishna Commission, constituted to determine the causes of the riots in which approximately 900 people, predominantly Muslim, were killed, had stated that, “One common link between the riots of December 1992 and January 1993 and bomb blasts of 12th March 1993 appear to be that the former appear to have been a causative factor for the latter. There does appear to be a cause and effect relationship between the two riots and the serial bomb blasts.”

The recommendations of the Commission have never been brought into force. This has led to a number of people speculating whether justice is done to Muslims in India, whether they are being punished disproportionately, that, “Soon India’s jails will be choc-a-block with Muslims.”

Indian Muslims in Jail

In such cases it is possibly best to check the facts. The prison statistics from the National Crimes Record Bureau indicate that the percentage of Muslims convicts in India is 19.1%, while the number of undertrials is 22.5%.

This is higher than the percentage of Muslims living in India, at 13.4% or thereabouts. It would be tempting to shout, “Aha! Proof of bias!” but a rigorous analysis would lead to a more nuanced view because of the geographic distribution of both prison population and Muslims. Over half of Indian Muslims live in the four states of Uttar Pradesh, Bihar, West Bengal and Assam, which account for 21% of convicted prisoners and 42% of undertrials in Indian jails. In effect Indian Muslims live in geographic areas where more people are sent to jail, either as convicts or as undertrials.

A far more fascinating result is that the percentage of Muslims who are undertrials is slightly less than that of those convicted. In other words proportionately more Muslims are adjudged “innocent” than Hindus (whose undertrial to convict ratio is: 69.6% to 70.7% and even Christians (whose undertrial to convict ratio is 3.8% to 4.2%).

Indian Muslims and Crime

The question of bias could also be turned on its head, and it could be said that high proportionately of Muslims means more crime. The data does not support such a conclusion.

The two states where such high population of people are in jail, Uttar Pradesh and Bihar, have a Muslim population of 18.5% and 16.5% respectively and contribute 6.7% and 5.4% of All-India crimes . West Bengal and Assam, in which the percentage of Muslims is at 25.2% and 30.9%, contribute only 3.6% and 2.3% of all-India crimes.

Madhya Pradesh, Maharashtra, Andhra Pradesh and Tamil Nadu all produce more than 8.5% of India’s crimes individually, making them the most crime-prone states in the country. In all of these high crime states Indian Muslims make up, at the most, 10.6% of the population, less than the Indian average.

The one state where Muslims constitute a majority of the population, at 67% in Jammu & Kashmir, which has been wracked by militancy and violence, contributes to only 1.1% of Indian crime, about the same as its population compared to all-India figures.

Indian Muslims as Citizens or as Muslims

Despite these statistics it would be idle to say that Indian Muslims do not, from time to time, face problems, as do most people that constitute a marginalised group in society. The recent Sachar Committee report by the Government of India cites very low levels of socio-economic indicators for Indian Muslims.

As a child I lived in the Oil & Natural Commission compound in Ahmedabad, Gujarat. It is a city that has faced many riots and we were the only Muslims in the compound. During times of tension when my father was working offshore on the oilrig, our manservant, Jumraati would assure my mother, “They’ll have to get through me first, behni”.

A decade or so later, my great-uncle, Major-General Afsir Karim, was asked to deploy troops in the same city to help the civilian administration keep the peace. In 2000, when he was with the National Security Advisory Board, he was questioned by a woman during a televised talk show about minorities. He interrupted her to say, “Ma’am, I am a citizen of India, and so are you. What minorities are you talking about?”

His response to state failure is strikingly different to that of the recently convicted Zakir Hussain. Whereas one tried to make sure that such failure did not recur, the other became a pawn used to kill innocents in a supposed act of “vengeance”. For me, between the words of a man of somebody who has put his life on the line many times in the defence of innocent civilians and those of somebody convicted of murdering them, there can only be one choice.

(Omair Ahmad works on issues of Security, Law & Strategic Affairs for PRS Legislative Research, an autonomous institute that provides research support for Indian Parliamentarians. He has previously worked for the British High Commission, New Delhi, and the Voice of America, Washington DC. His novel, “Encounters” on the radicalisation of two young men during the curfew days of the 90s was published in 2007.)

Omair Ahmad / IBNLive Specials; Thursday, August 16, 2007 www.ibnlive.com

  • 394.9 million workers (86 per cent of the working population) belong to the unorganized sector
  • 316 million workers live on less than Rs. 20, or $ 0.49, a day.
  • 88 per cent of the Scheduled Tribes and the Scheduled Castes, 80 per cent of the Other Backward Classes and 85 per cent of Muslims belong to this category of people living on less than Rs. 20 a day.
  • 90 per cent of agricultural labor households are landless or have less than one hectare of holding*
  • agriculture is getting feminized with 73 per cent women being associated with it compared to 52 per cent men.

NEW DELHI: An overwhelming 79 per cent of workers in the unorganised sector live with an income of less than Rs. 20 a day, according to the National Commission for Enterprises in the Unorganised Sector (NCEUS).

A report on “Conditions of Work and Promotion of Livelihoods in Unorganised Sector,” released by the Commission here on Thursday, says over 394.9 million workers (86 per cent of the working population) belong to the unorganised sector and work under “utterly deplorable” conditions with “extremely few livelihood options.”
“Poor, vulnerable”

The report says that 88 per cent of the Scheduled Tribes and the Scheduled Castes, 80 per cent of the Other Backward Classes and 85 per cent of Muslims belong to the category of “poor and vulnerable,” who earn less than Rs. 20 a day.

In 2004-05, a total of 836 million (77 per cent) had an income below Rs. 20 a day.

Landless

Households of the small and marginal farmers account for 84 per cent and are forced to spend more than they earn and are under debt, while 90 per cent of agricultural labour households are landless or have less than one hectare of holding.

The conditions in the non-agricultural sectors are no better with 21 to 46 per cent of men and 57 to 83 per cent of women being employed as casual workers, who get less than minimum wages.

As per the survey, the latest trends indicate that agriculture is getting feminised with 73 per cent women being associated with it compared to 52 per cent men.

The NCEUS attributes the plight of the unorganised workers to a lack of comprehensive and appropriate legislation and the absence of targeted programmes.

Inadequate

Where laws exist, the Commission finds their implementation inadequate. Also, they are seldom focussed on unorganised workers.

Releasing the report, NCEUS Chairman Arjun Sengupta said the panel had recommended a Rs. 45,000-crore action plan for the overall improvement of the unorganised sector.

Aug 10, 2007, Hindu

LEFTYPROF

In view of the confusion created by Mandal II, the Supreme Court has asked the government to clarify two things: One, what is the basis for determining who belongs to an OBC category; and two, the rationale behind 27 per cent reservation for OBCs. These two points need to be immediately cleared.
OBCs belong to the shudra category in the caste classification. Several people confuse shudras with Dalits (earlier known as untouchables). OBCs were supposed to be people who lived by their physical labour.

Though not treated as untouchables, they formed the largest segment of low castes and suffered from all sorts of social disabilities. That is why they qualify to be categorised as socially and educationally backward, and thus entitled to affirmative action under the Constitution.

As to their identification, the Mandal Commission undertook the biggest social survey ever attempted in this country. To begin with, an experts’ panel under the chairmanship of eminent sociologist M N Srinivas and 14 other social scientists was formed to devise schedules for identification of OBCs.

Simultaneously, Delhi University held a seminar for a thorough discussion of the terms of reference of the commission. After several meetings, the experts’ panel prepared four comprehensive schedules, two each for rural and urban areas.

All the state governments were sent these schedules for conducting the survey. Two villages and one urban block were selected at random in each and every district of the country, and all the residents of these areas were covered by the survey.

Questionnaires were also sent to all the states and 30 ministries of the central government, and notices published in national dailies and regional papers inviting public response.

The data thus collected was passed on to the National Informatics Centre, which analysed the information contained in the four pre-coded schedules.

The results of this analysis were used by the experts’ panel, which derived 11 indicators of social, educational and economic backwardness. It was by the application of these indicators that OBCs were identified.

As to the number of OBCs and their percentage, government had stopped collecting caste-wise enumeration of population after the 1931 census.

Consequently, the population of various OBCs identified by the commission were culled from this census, and extrapola-ted on the basis of population growth trends over this period.

That is how the percentage of OBCs was arrived at, and it worked out to 52 per cent. When the 11 indicators were applied to identify OBCs, 44 per cent happened to be Hindus and 8 per cent were from other religions.

That shows how authentic the indicators were as it picked up a fair number of non-Hindus who were socially and educationally backward.

Some commentators have pointed out that the National Sample Survey Organisation’s investigations show that OBCs constitute 32 per cent of the population, and National Family Health Survey places the figure at 30 per cent.

These two surveys cannot match the span and depth of Mandal Commission’s investigations, and its findings can be revised only if an exercise of the same magnitude is attempted.

It has also been pointed out that 25-50 per cent of the reserved seats remain vacant for lack of qualified OBC candidates, resulting in a colossal waste of resources. This is true, but it is the result of sloppy and unplanned implementation.

The commission had laid great emphasis on creating suitable infrastructure in institutions to enable OBC candidates to derive full advantage from reservation. This required adequate planning and financial commitment. But as in 1990, the issue is again at present being treated purely as a vote-getting ploy.

The government is now dangling the carrot of proportionately increased seats in professional institutions to obviate any shrinkage in the ‘merit’ quota, as if the additional infrastructure can be created by waving a magic wand.

The current turmoil could have been averted if educationists had been taken into confidence, a sober assessment made of available capacities and a phased scheme of implementation prepared for a smooth transition.

By S S GILL, Times of India, 13 June 2006

[The writer is a former secretary, Mandal Commission.]

Amnesty International Press Release, May 25, 2007,

Perpetrators of past human rights violations continued to enjoy impunity. Concerns grew over protection of economic, social and cultural rights of already marginalized communities. Human rights violations were reported in several states where security legislation was used to facilitate arbitrary detention and torture. A new anti-terror law, in place of the repealed Prevention of Terrorism Act (POTA), was being considered in the aftermath of multiple bombings in Mumbai and elsewhere. The Armed Forces Special Powers Act (AFSPA), long criticized for widespread abuses in the north-east, was not repealed. Justice and rehabilitation continued to evade most victims of the 2002 Gujarat communal violence.
Human rights legislation was amended undermining the powers of the National Human Rights Commission (NHRC). New laws to prevent violence against women and guarantee rural employment and right to information had not been fully implemented by the end of the year. Socially and economically marginalized groups such as adivasis, dalits, marginal/landless farmers and the urban poor continued to face systemic discrimination and loss of resource base and livelihood because of development projects.

Background

An agreement reached with the USA in March gave India access to strategic nuclear material and equipment for civilian purposes, and signalled closer Indo-US ties.

Hundreds of people were killed in bomb attacks during the year, including 21 in the north Indian city of Varanasi in March, more than 200 in multiple bombings in Mumbai in July, and 37 in Malegaon, Maharashtra state, in September. Concern about such attacks continued to dominate peace talks between India and Pakistan, which made little progress. The two countries agreed to set up an “anti-terror mechanism”, the details of which were not spelled out. Little progress was made in continuing dialogue over Kashmir, Nagaland and Assam.

Rising Maoist activity in some states added to security and human rights concerns. Several states, including Orissa and West Bengal, witnessed protests by people whose livelihoods were threatened by ongoing and proposed fast-tracked development projects. High suicide rates by debt-ridden farmers were recorded in some states, including Maharashtra, Andhra Pradesh and Kerala.

Following renewed fighting in Sri Lanka, around 10,000 Tamil refugees fled the island by sea and arrived in Tamil Nadu, already home to over 100,000 refugees; about 50,000 of the refugees were reportedly in camps with inadequate facilities.

Security legislation

India continued to play no direct role in the US-led “war on terror”. However, demands for new anti-terror legislation in place of the repealed POTA grew after the bombings in Mumbai and Malegaon.

Following the bomb attacks, hundreds of people, mostly Muslims, were arbitrarily detained for short periods in Maharashtra. Sixteen people were charged under the state Control of Organised Crime Act. Local courts acquitted three of the 16 for lack of evidence.

Implementation of security legislation led to human rights violations in several states. An official panel report acknowledged widespread abuses of the AFSPA in the north-east but drew criticism for ignoring impunity issues and recommending use of the Unlawful Activities Prevention Act. Protests demanded repeal of the AFSPA.

At least 400 people remained in jail under the repealed POTA and several continued to face special trials whose proceedings fail to meet fair trial standards. The few convictions related to serious and high-profile cases. Official committees reviewed a majority of pending cases. However, the review process was questioned, with Gujarat and other states rejecting the committees’ key recommendation to drop POTA charges.

Jammu and Kashmir

Politically motivated violence slightly decreased, but torture, deaths in custody, enforced disappearances and extrajudicial executions continued to be reported. Some six deaths in custody, 38 enforced disappearances including several juveniles, and 22 extrajudicial killings were reported in 2006. Identity-based attacks by Islamist fighters continued.

• In May, 35 Hindus were killed in Doda and Udhampur districts. Government officials accused Lashkar-e-Taiba, a Pakistan-based armed Islamist group, of carrying out the killings to derail the peace process.

• In October, 17-year-old Muhammad Maqbool Dar of Pakherpora died in custody after he was questioned by the Rashtriya Rifles, an army counter-insurgency force. A magistrates’ inquiry and an internal army inquiry were ordered.

Impunity for human rights violations by state agents continued, although in a few cases criminal action was initiated after years of delay.

b In April, the Central Bureau of Investigation (CBI) indicted five army officers for the extrajudicial killing of five villagers at Pathribal in March 2000. The officers were charged with fabricating evidence to support their claim that the men were foreign fighters killed in an “encounter” with security forces. The officers had earlier claimed that the men had killed 35 Sikhs at Chittisinghpora four days before the “encounter”. When local villagers protested in Brakpora that the five men were innocent villagers, the army opened fire, killing 10 protesters. An inquiry into the Pathribal incident stalled when it was found that DNA samples had been tampered with.

A new report indicated that some 10,000 people had been victims of enforced disappearance since 1989. The Association of the Parents of Disappeared People reported that the authorities failed to provide information to the families of the victims about their whereabouts. Outstanding concerns over the existing powers of the state Human Rights Commission were heightened in August when its chairperson resigned over the “non-serious” attitude of the state government towards human rights violations.

Impunity

Little progress was made in cases relating to the 1984 anti-Sikh riots in Delhi which followed the assassination of Prime Minister Indira Gandhi by two of her Sikh bodyguards and led to a massacre of nearly 3,000 Sikhs. In 2005 the United Progressive Alliance (UPA) government promised to reopen the latest of many inquiries following the forced resignations of two leaders of the ruling Congress party, which heads the UPA. A judicial commission had concluded that there was credible evidence of involvement in the attacks against the two leaders who resigned.

In Punjab, a majority of police officers responsible for serious human rights violations during civil unrest between 1984 and 1994 continued to evade justice. In response to 2,097 reported cases of human rights violations during this period, the NHRC ordered Punjab state to provide compensation in 1,051 cases concerning people who died in police custody and appointed a commissioner to decide on compensation for 814 additional cases. CBI findings on these deaths in custody were not made public and the NHRC did not actively pursue with the judiciary the outstanding issues of impunity.

2002 Gujarat violence

Justice continued to evade most victims and survivors of the 2002 violence in Gujarat in which thousands of Muslims were attacked and more than 2,000 were killed. Rehabilitation continued to be slow. Members of the Muslim minority in Gujarat reportedly faced difficulties in accessing housing to rent and public resources. An official panel concluded that over 5,000 displaced families lived in “sub-human” conditions.

There continued to be few successful prosecutions relating to the violence. However, 1,594 cases closed by the state police were reopened on the orders of the Supreme Court and 41 police officials were being prosecuted for their alleged role.

New evidence on the riots emerged, in the form of details of mobile phone calls made between those leading the attacks and politicians belonging to the then ruling Bharatiya Janata Party (BJP), a Hindu nationalist party. The judicial commission appointed in 2002 by Gujarat’s state government to investigate the attacks had not completed its work by the end of the year.

The Gujarat High Court set aside the Union government order appointing another commission to investigate the cause of the 2002 Godhra train fire which killed 59 Hindu pilgrims. The Court said there was no need for a second commission into the fire, which triggered attacks on Muslims and the subsequent violence.

Six key cases relating to killings and sexual assault of Muslim women in which complainants had sought transfer to courts outside Gujarat were still pending before the Supreme Court at the end of the year.

• In March, a Mumbai court sentenced nine people to life imprisonment and acquitted eight others after a retrial in the Best Bakery case, relating to the massacre during the 2002 violence of 14 people in Vadodara city. In 2003, a local court had acquitted all the accused, but the Supreme Court transferred the case to Mumbai. The Mumbai court later convicted Zahira Shaikh, and another female relative of the victims, of perjury after they “turned hostile” and retracted their statements, reportedly under pressure.

The UPA government’s draft bill to prevent communal violence was still pending before parliament. It had been introduced in 2005 following widespread criticism of the BJP-led government for failing to halt the Gujarat violence. Meanwhile, two other states ruled by the BJP – Rajasthan and Chhattisgarh – passed laws criminalizing religious conversion in certain circumstances, inviting criticism that they were acting against freedom of choice of religion.

Chhattisgarh

There was rising violence in the Dantewada area between Maoists and members of the anti-Maoist Salwa Judum, a militia widely believed to be sponsored by the Chhattisgarh state government. Civilians were routinely targeted by both sides and 45,000 adivasis were forced to live in special camps putting them at increased risk of violence. The Chhattisgarh authorities enacted legislation banning media coverage of certain human rights violations.

• On 28 February, suspected Maoists set off a landmine blowing up a truck; 26 people were killed and 30 injured.

Economic, social and cultural rights

Around 300 million people remained in poverty despite implementation of new legislation guaranteeing minimum annual employment for the rural poor. New legislation on the right to information, seen as a means to empower the poor, was not fully implemented; the Union government and state governments were reluctant to disclose crucial information about their decision-making processes.

Concerns grew over protection of economic, social and cultural rights of already-marginalized communities (including adivasis) amidst fears of unchecked exploitation of their resource base by the government and businesses. Several states witnessed periodic protests against acquisition of land and other resources for mining, irrigation, power and urban infrastructure purposes. Such developments were associated with forced evictions, harassment, arbitrary detentions, excessive police force and denial of access to justice.

• In January, 11 adivasis were killed when police fired into demonstrators protesting against the displacement that would be caused by the proposed Tata Steel project in Orissa.

• In April, police used excessive force against activists staging a protest fast in Delhi against displacement caused by the Narmada dam project; some protesters were detained.

• In July and September/October, activists protesting against the Uttar Pradesh government’s decision to acquire farmland for the Reliance gas project faced police harassment and detention.

Bhopal

Twenty-two years after the Union Carbide Corporation (UCC) pesticide plant in Bhopal leaked toxic gases that devastated countless lives and the environment, survivors continued to struggle for adequate compensation, medical aid and rehabilitation. After a sustained campaign, including a survivors’ march from Bhopal to Delhi in April, the government agreed to clean up toxic waste, provide safe drinking water and set up a commission for rehabilitation of the victims. However, there was little progress on the ground on these initiatives by the end of 2006. In August, monsoon rains caused flooding in areas around the UCC plant, raising fears of contamination of groundwater. UCC and Dow Chemicals (which took over UCC in 2001) continued to reiterate that they had no responsibility for the gas leak or its consequences.

Violence against women

Legislation passed in 2005 to ensure comprehensive protection of women from all forms of domestic violence, including dowry deaths, sexual assault and acid attacks, came into effect in October. It was yet to be fully implemented by states.

Traditional preference for boys continued to lead to abortions of female foetuses, despite the ban on pre-natal sex determination since 1993. Only a few people were convicted of violating the ban, a fact criticized by the Supreme Court. Protests were staged in Punjab and Rajasthan over the slow pace of investigation into such cases.

Many of the abuses suffered by Muslim women in Gujarat in 2002 fell outside the definition of rape in national law. This continued to hamper victims’ quest for justice.

Two Supreme Court directives offered advances for victims of rape. The Court directed that lack of medical evidence would no longer be grounds for discounting testimony, and that the identity of victims should remain confidential in court judgments.

Death penalty

At least 40 people were sentenced to death in 2006; no executions took place. Comprehensive information on the number of people on death row was not available.

Anxiety rose over the fate of clemency petitions after the Supreme Court ruled that it could review executive decisions on such petitions. The ruling followed fierce debate triggered by the clemency petition submitted on behalf of Mohammed Afzal, who was sentenced to death on charges relating to the armed attack on India’s parliament in December 2001.

Other issues

There were concerns that amendments to the Protection of Human Rights Act, 1993, would weaken the operating framework of the NHRC which already had no mandate to investigate abuses by armed forces and complaints more than a year old. The amendments also allow for transfer of cases from the NHRC to state-level commissions which continued to be starved of resources; 11 of the 28 states had yet to set up such commissions and five of those operating had no chairpersons.


REPUBLIC OF INDIA

Head of state: APJ Abdul Kalam
Head of government: Manmohan Singh
Death penalty: retentionist
International Criminal Court: not ratified


AI country reports/visitsStatements

• India: Amnesty International condemns multiple bomb attacks in Mumbai (AI Index: ASA 20/017/2006)

• India: Continuing concern over the safety of civilians, including adivasis, caught in escalating conflict in Chhattisgarh (AI Index: ASA 20/018/2006)

• India: Concerns with Protection of Human Rights Act (AI Index: ASA 20/019/2006)

• India: Amnesty International condemns multiple bomb attacks in Malegaon, Maharashtra (AI Index: ASA 20/025/2006)

• India: Continued detention two years after the repeal of POTA (AI Index: ASA 20/026/2006)

• India: The Armed Forces Special Powers Act (AFSPA) Review Committee takes one step forward and two backwards (AI Index: ASA 20/031/2006)

Visits

AI’s Secretary General and other delegates visited India in February and met government officials and civil society organizations. AI delegates also met officials and activists in May, July and December.

http://thereport.amnesty.org/eng/Regions/Asia-Pacific/India

New Delhi: A total of 17 Muslims have cleared the written and interview process of the Civil Services Exam of 2006. The top Muslim candidate Shamim Abidi appears on rank 16.

The written exam was help in October-November of 2006 and interview held in April-May of this year. The List of 474 candidates was released by Union Public Service Commission (UPSC) today. The successful candidates are recommended for appointment to Indian Adminstrative Service, Indian Foreign Service, Indian Police Service and Central Services.

The list of 474 candidates include 214 General (including 13 Physically Challenged candidates), 144 Other Backward Classes (including 03 Physically challenged candidates), 80 Scheduled Castes (including 02 Physically challenged candidates) and 36 Scheduled Tribes candidates.

17 Muslims among the list of 474 successful candidates give Muslims a representation of 3.59% which considering their lower number in higher studies is quite remarkable and indication of hard work put on by Muslim students. Another welcome trend this year is an increase in number of Muslim girls clearing the Civil Services Exam.

Appointment to various services is based on available vacancies and merit ranking of candidates. The number of vacancies reported by the Government for the Indian Administrative Service is 89 (45 General, 24 Other Backward Classes, 13 Scheduled Castes and 07 Scheduled Tribes); for the Indian Foreign Service is 20 (10 General, 05 Other Backward Classes and 05 Scheduled Castes); for the Indian Police Service is 103 (51 General, 28 Other Backward Classes, 16 Scheduled Castes and 08 Scheduled Tribes); for the Central Services Group ‘A’ is 294 (152 General, 80 Other Backward Classes, 43 Scheduled Castes and 19 Scheduled Tribes) and for Central Services Group ‘B’ is 27 (15 General, 07 Other Backward Classes, 03 Scheduled Caste and 02 Scheduled Tribe). This includes 18 vacancies for Physically Challenged candidates in the Indian Administrative Service and Central Services Group-“A”& “B”.

17 Muslims selected for Civil Services, By TwoCircles.net staff reporter, Thursday, 17 May 2007

In every house there is a live bomb that can erupt at any time. Do you know who that is? Daughters are the honour of the family and the community, and to protect that is our Hindu duty and Hindu culture… . Come, and let’s unite to save bombs… I don’t believe in love marriage. We have to marry within our own community. These girls go to college, make friends with some lafanga [loafer], roam with them on their bikes, fall in love, and then run off and get married…We bring them back and convince them that they are ruining their future. They stay with me for a while and then return to their parents.” – Babu Bajrangi, Frontline, Dec 16-29 2006

Bajrangi is the VHP leader who gained notoriety recently for being the unofficial censor for the film Parzania in Ahmedabad. Less known in the fact that he boasts of having ‘rescued’ (kidnapped) no less than 918 women from his Kadwa Patel community who eloped to marry men outside the community – 70% of whom were Muslim or Christian men, and the rest were from other sub-castes.

The Gujarat genocide was marked by the rape of Muslim women and mutilation of their bodies by the Sangh Parivar. Such rapes were celebrated as acts of nationalism. Bajrangi’s acts of ‘rescue’ of Hindu women from marriages with ‘other’ men are also projected as acts of nationalism. The borders of caste and (religious) community need to be policed for infiltration from the enemy with as much vigilant surveillance as the borders of the nation. In fact, the border of each community (and family within it) is the border of nation in microcosm. The difference is that the borders of the family and community are lined with explosive from within. They are forever vulnerable because the sexuality of their own daughters has the potential to explode those boundaries and call into question the very foundation of racial purity on which the cultural nationalism of the Hindu Rashtra rests.

There are many who hold Hindutva’s violent codes to be a kind of Talibanic aberration and appeal to Hindus to distinguish it from the essentially liberal soul of Hinduism. See for instance Sitaram Yechury’s piece written in the wake of the Babri Masjid demolition, titled Pseudo-Hinduism Exposed: The Reality of the Saffron Brigade’s Myths. This piece explicitly contrasts liberal Hinduism to the impostor – ‘pseudo-Hinduism’ or Hindutva. Typically, this piece attributes India’s democracy to the choice in favour of secular democracy made by its Hindu majority and contrasts it with intolerant Islamic theocracies (implying that those theocracies are attributable to the choice made by intolerant Islamic majority?). As an extension of this thesis, Yechury observes, “The rabid intolerance of other religions (in Islamic theocracies) is matched by ruthlessly suppressive laws that deny elementary democratic rights especially to women.” The implication is that India in contrast assures those democratic rights to its women.

But it would be a mistake to imagine that this aspect of Hindutva – Bajrangi’s brand of violent policing of women, or the Bajrang Dal’s threat issued a few years back, that Hindu women who married Muslims would have their noses cut off, or its periodic threats against women wearing jeans or couples celebrating Valentine’s Day – marks a rupture with a gentler and more benign Hinduism. Communal fascism of the Hindutva variety draws sustenance from the widely prevailing anxiety of Hindu caste communities about breaching of patriarchal codes, caste and community boundaries – and the resultant threat to property relations and status. These anxieties are not the unique preserve of ‘backward’ rural communities; Prem Chowdhry shows us how modern phenomena like granting of legal inheritance rights to women and the social consequences of urbanisation in Haryana intensify these anxieties and the resultant violence against those who disobey marriage codes. (‘Enforcing Cultural Codes: Gender and Violence in Northern India’, A Question of Silence: The Sexual Economies of Modern India, ed. Mary John and Janaki Nair, 1998)

Uma Chakravarti has remarked how brahminical patriarchy has for long regarded women of upper castes as ‘gateways’ or points of breach into the caste system – requiring careful surveillance to preserve upper caste purity – and this “obsessive concern with policing female sexuality” has become a stubborn feature across caste groups (Uma Chakravarti, Gendering Caste: Through a Feminist Lens, 2003, pp 35-36). She notes that there is “widespread ‘consent’, in the sense that Gramsci outlines it, within civil society to regard choice, particularly when articulated by a woman as disruptive of the whole social order…and ‘with free choice of partners involving women, the whole social fabric seems to suffer a terrible tear’.” (Chakravarti, pp152-53) It is the existence of such consent for obsessive control of women’s sexual choice, such widespread fear of a ‘terrible’ tear inflicted by women’s free choice, that sustains and ‘naturalises’ Bajrangi’s mass abduction spree as a patriotic act. Bajrangi’s mass abductions are able to masquerade as a grotesque version of a more common ideology and practice of ‘guardianship’ (brother as guardian of sister’s honour) celebrated by popular cinema and serials and normalised by the festival of Raksha Bandhan. Adult women are legally beyond the scope and control of ‘guardianship’. Yet the ideology of guardianship (closely tied up with control of female sexuality, reproduction and labour) and its twin, the ideology that makes women the repositories of izzat or honour of the community/nation is perpetuated. The ‘honour’ killings decreed by caste panchayats for lovers who transgress codes of caste and community and Bajrangi’s abductions thus breathe the same ideological oxygen.

This leads us to ask: can Left movements and women’s movements challenge communal fascist violence against women without also challenging the ideology of guardianship and izzat? In the case of agrarian labour communities, usually dalit or extremely backward, there is tremendous resistance to the sexual exploitation of women by upper caste men, and Chakravarti notes that the “issue of izzat is central to peasant movements in Bihar under various Marxist-Leninist formations and in dalit movements” (Chakravarti, p 169). While resistance to sexual violence will continue to be a powerful mobilisational issue, these movements need to be alert to the dangers of the connotations and implications of izzat. These movements must guard against bearing the baggage of resentment against the upper caste taunts that lower caste women have no izzat to begin with or that lower caste men are ‘unable’ to ‘protect’ ‘their’ women. In other words, such radical political mobilisation must assert the autonomy and freedom of women who are dalit agrarian labourers – and must guard against framing the struggle in terms of asserting the ‘ability’ of lower caste men to ‘protect’ the ‘izzat’ of women and of their community. This means asserting the sexual freedom and autonomy of women within the community as much as against the oppressor without.

We need to recognise the links between Babu Bajrangi’s assaults on women’s freedom, and those structures and practices that we tend to take as normative, natural and acceptable – such as the practice of arranging marriages within one’s caste and community, disapproving of independent relationships forged by one’s sisters or daughters, holding oneself to be the ‘guardian’ of one’s sisters or daughters, and so on. Often, as long as overt coercion or violence is not involved, we tend to view anxiety about controlling sexual behaviour of daughters, as quite natural. Women’s movements and Left movements must confront and challenge the ideology of guardianship and izzat even where overt coercion is not flaunted – as part of their struggle against the structures of class and caste, and against communal fascism.

By Kavita Krishnan, 12 April, 2007, Countercurrents.org

If being born as a girl child is not the bottom-line, as revealed by the nation-wide survey on child abuse, perhaps being born as a Muslim girl in West Bengal is, so points out the National Family Health Survey II.

Be it education, media exposure (watching TV, cinema), health family planning or even in basic decision-making like whether a woman should visit her parents, go to market, or take care of her health, it is the Hindu women, who stalk much higher than their Muslim counterparts.

The National Family Health Survey II has pointed out a glaring gap of more than 50% backwardness among Muslim women, when compared with their Hindu counterparts, in key areas as education and health awareness.

For instance, the survey points out about 56.8 % of Muslim women has no media exposure as against 32.7 % of Hindu women.

Under media exposure, the survey shows that while 6.5% of Muslim women bother to read newspaper as against 17.8% of Hindu women, only 22.3% is interested in watching TV and 30% in listening radio as against 47.2% of Hindu women watching TV and 45% listening radios.

While educational backwardness, illiteracy are reasons of lack of information, TV watching or going to cinema are generally not encouraged because of religious reasons. Principal secretary of Social Welfare department, S.N. Haque, when asked on this said that even till recent times many affluent families would go without TV sets because pictures of women and men and the kind of clothes they wear, being aired, are prohibited in Islam. They are considered “najayez” in our religion.

Islam prefers women being covered up and being properly dressed with minimum exposure of skin. Even men are not allowed to go about in public in anything short of knee-length.

On newspaper reading habit, Haque said that since literacy rate of Muslim women is 20% less than that of Hindu women, reading newspaper is yet to catch up. Even very few Muslim homes keep daily newspaper. Men are in the habit of reading newspapers from local tea-stalls or stationery shop. “It is considered as an unnecessary expenses,” said Mr Haque.

What is worse, GK about anything, for example AIDS, is disastrously low. While only 10.3% of Muslim women have heard about AIDS, 31.2% of Hindu women are aware and updated on AIDS. Again while 47.8% of Hindu women is clueless about avoiding AIDS, nearly double the number of Muslim women (73.8%) is unaware how AIDS could be avoided. The state government has sampled a number causes behind educational backwardness: economic constraints, lack of school facilities in the locality, prejudice regarding education of women.

In health sector, knowledge about immunization, medication is poor among Muslim women. While there are cases of 24.5% fully immunized Muslim infants, the percentage is more than double (52.0%) in case of Hindu infants. Again, Muslim children, receiving one dose of Vitamin A, account to only 27.5% against 50.5% Hindu children, who are administered the dose.

In fact, while 80% of child deliveries among Muslims is not attended by doctors or trained health workers, only 40% of deliveries in Hindu families happens without supervision of any trained-on hands.

While cases of reproductive health problems, mal-nourishment are higher among Muslim women, the percentage of Muslim women suffering from anemia is much less, because consumption of red-meat among them is quite high.

Incidentally, though only 37.6% of Muslim women use modern contraceptive methods as against 50.2% Hindu women, the Muslim women are more open to discussing family planning with their husbands than their Hindu counterparts. Nearly 20.3% women can freely talk with their husband on family planning, whereas Hindu women would rather discus it with mother, sister, friends, neighbours and even daughters.

1. Reads newspaper at least once a week
Muslim–6.5%    Hindu—17.8%

2. Not exposed to media
Muslim–56.8%….Hindu—32.7

3. Percentage involved in decision making on own health care

Muslim–42%—Hindu—46%
4.Access to money

Muslim–42.5% …Hindu–54.0%

5. Knowledge about AIDS

Muslims–10.3%….Hindus–31.2%

Romita Datta, Hindustan Times  Kolkata, April 12, 2007

http://www.nfhsindia.org/westbeng.html

This report is based on the seventh quinquennial survey on employment and unemployment conducted in the 61st round of NSS from July, 2004 to June, 2005. The survey was spread over 7,999 villages and 4,602 urban blocks covering 1,24,680 households (79,306 in rural areas and 45,374 in urban areas) and enumerating 6,02,833 persons (3,98,025 in rural areas and 2,04,808 in urban areas).In this survey information on religion followed by each household was collected as part of the household characteristics. The reported religion of head of the household was considered as the religion of all the household members irrespective of the actual religion followed by individual members. Seven main religions were identified in the survey. They were Hinduism, Islam, Christianity, Sikhism, Jainism, Buddhism and Zoroastrianism. Among these the followers of Hinduism, Islam and Christianity formed the three major religious groups. Some of the key findings are stated below: * In rural areas, about 84 per cent per cent of households having 83 per cent of population followed Hinduism whereas 10 per cent of households followed Islam with about 12 per cent of population. Further, about 2 per cent of households and population followed Christianity. In urban areas, the percentage of households and population were about 80 and 77 respectively for Hinduism, 13 and 16 for Islam and 3 and 3 for Christianity. Even after excluding the state of Jammu and Kashmir, having different geographical coverage in different NSS rounds, the proportion of persons by major religious groups remained more or less same.

* The sex ratio was the highest among the Christians (994 in rural and 1000 in urban areas) followed by the Muslims (968 in rural; 932 in urban) and the Hindus (961 in rural; 912 in urban).

* In the rural areas, ‘self-employment’ was the mainstay for all the religious groups. About 37 per cent of Hindu households were dependent on ‘self-employment in agriculture’. The corresponding proportion was 35 per cent for the Christians and 26 per cent for the Muslims. The proportions of households depending on ‘self-employment in nonagriculture’ were 14 per cent for the Hindus, 28 per cent for the Muslims and 15 per cent for the Christians. In the cas*e of ‘rural labour’ households, the proportions varied from 32 per cent (Muslims) to 37 per cent (Hindus). In urban India, the proportion of Hindu households depending on ‘self-employment’, ‘regular wage/salary’ and ‘casual labour’ were 36 per cent, 43 per cent and 12 per cent respectively, whereas the corresponding shares for the Muslims were 49 per cent, 30 per cent and 14 per cent respectively and for the Christians 27 per cent, 47 per cent and 11 per cent respectively.

* In rural India, proportion of households in the lowest three monthly per capita expenditure (mpce) classes combined (viz. less than Rs.320 for a month) was highest among Hindus (14 per cent), followed by Muslims (12 per cent) and Christians (8 per cent). In urban India, the proportion of Households in the lowest three mpce classes combined (viz. less than Rs.485 for a month) was the highest among the Muslims (25 per cent) followed by the Hindus (12 per cent) and Christians (8 per cent) On the other hand, in the urban area, proportion of households in the highest three classes of mpce combined (viz. more than Rs.1380 for a month) was 38 per cent for Christians, 28 per cent for Hindus and 13 per cent for Muslims. In rural areas, proportion of households in the highest three classes of mpce combined (viz. more than Rs.690 for a month) was 47 per cent for Christians, 24 per cent for Hindus, and 20 per cent for Muslims.

* The Christians had the lowest illiteracy rate both for rural (20 per cent for males and 31 per cent for females) and urban areas (6 per cent for males and 11 per cent for females). Except for rural females, the proportion of literates among the Hindus was higher than that among the Muslims. Among the rural females, the illiteracy rates were almost equal among the Hindus and the Muslims (59 per cent). The corresponding rate was as low as 31 per cent among the Christians.

* In the rural areas, Worker Population Ratio (WPR) among the males was highest among Christians (56 per cent) followed by Hindus (55 per cent). The corresponding figure for Muslims was lower (50 per cent). As in the case of males, WPR for females for Christians (36 per cent) and Hindus (34 per cent) was much higher than that for Muslims (18 per cent). In urban India, the WPR among the males was the highest among Hindus (56 per cent) followed by Muslims (53 per cent) and the Christians (51 per cent). The WPR for Christian women (24 per cent) was much higher than those among Hindu (17 per cent) and Muslim women (12 per cent).

* For the rural males in the age group 15 years and above, WPR in the educational level secondary and above was the highest among the Hindus (76 per cent) followed by the Christians (72 per cent) and the Muslims (67 per cent). However in urban areas, it was equal (71 per cent) among Muslims and Hindus and lower (64 per cent) among Christians. For the rural females in the same age group with same education level, however, the rates were highest among the Christians (37 per cent) followed by Hindus (30 per cent) and Muslims (18 per cent). Similar pattern was also observed among urban females in the same age group.

* More than half of the workers in the rural areas were self-employed, the proportion being the highest among the Muslim workers both males (60 per cent) and females (75 per cent). In the urban areas also, the same pattern is observed. The proportion of regular wage/salaried workers was highest among Christians in both rural and urban areas among both males and females. The proportion of casual labourers was highest among Hindus for females in both rural (34 per cent) and urban (18 per cent) areas.

* In rural areas, the unemployment rates (URs) were higher among the Christians (4.4 per cent) as compared to those among the Hindus (1.5 per cent) or the Muslims (2.3 per cent). In the urban areas also same pattern was observed. However, the URs in urban areas were more or less same for Hindu and Muslims (4 per cent). Further URs for females were generally higher in all major religious groups as compared to males in both rural and urban areas. The UR was highest (14 per cent) among the urban Christian women.

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