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India: A billion aspirations

Perspectives on South Asian politics

September 5th, 2008

Guilty until proven innocent? It doesn’t end there for some

Posted by: David Lalmalsawma

Derided by the media and under pressure to show results following the series of terror attacks in the country, the security establishment recently announced a number of arrests relating to the explosions in Ahmedabad and Bangalore and the earlier ones in Jaipur.

While it is praiseworthy that the police acted comparatively quickly this time in tracing the culprits, it later turned out that some of those arrested, whose names the media had readily released, had no involvement in the dastardly acts.

blastBut the damage had already been done, as a ’suspect’ told a newspaper after his release: “I will have to live with a ‘terrorist’ tag for the rest of my life.” Anwar Hussein, a doctor, said his family now faces abuses from neighbours and customers are avoiding his family’s business of iron work in his native village.

Rashid Hussain, an IT professional, said he was sacked by his employers following his arrest, even though he was released after eight days in detention.

Muslim organizations and rights groups have cried foul over the arrests, complaining that the detentions were ‘illegal’ and a violation of human rights. Indian law requires detainees to be provided a legal counsel and brought before a magistrate within 24 hours, which did not happen in this case, like many others before.

While special laws like the Unlawful Activities Prevention Act (UAPA) allows authorities to detain suspects for longer periods, the detainees in this case were not charged with anything. But while many say the authorities acted ‘illegally’, experts say it is a grey area, as there is a provision in the law book which allows the police to arrest someone on suspicion alone.

“Article 41 in the CrPC empowers the police to arrest anyone on the basis of suspicion even if there is no proof. If the investigating officer later comes to the conclusion that there is no evidence, under article 157, he can say that he has stopped the probe and release the person,” Supreme Court criminal lawyer D B Goswami says.

With India losing the maximum number of lives in terrorist attacks in the world after Iraq (according to a Times of India report), many would argue that the unfortunate incidents are unavoidable in the fight against terror - collateral damage, if you may.

But what about the old adage, “Better 100 guilty men at liberty than one innocent man in prison.”

Law enforcement agencies should by all means investigate and question anyone they think is involved, or know anything about the perpetrators of such mindless violence, but there ought to be a more discreet way of carrying out the investigations, like not releasing the identity of the person until the police are sure of his/her involvement in a crime.

And the role of the media can never be overstated, with the enormous influence it has over public perception. A reputation, not least a life, can be destroyed by one incorrect report by an overzealous media.

And what can be said of the charge by Muslims and civil rights groups that Muslims are targeted by authorities every time an explosion takes place? And the trend of officials naming Islamic groups as suspects immediately after any terror strike when it is obvious that facts have not been ascertained yet.

Has “M” become the new scarlet letter, a metaphorical ‘guilty’ tag on persons by association to a particular religion?

August 14th, 2008

Independence Day - View from the other side of the coin

Posted by: David Lalmalsawma

As the country watched in horror after terrorists exploded bombs in Ahmedabad and Bangalore ahead of Independence Day last month, a small village in far north-eastern Manipur had just finished a symbolic ritual in its efforts to end its grief over a crime purportedly unleashed by state actors.

Friends, families and human rights groups observed the last rites of 24-year-old Thangjam Manorama Devi, four years after she was allegedly raped and killed by personnel of the Assam Rifles paramilitary force. By performing the rites, they broke a pledge not to conduct the ceremony until their demands for punishment of the guilty and the repeal of the controversial Armed Forces (Special Powers) Act from the state were fulfilled.

flag.jpgLike the Manorama Devi episode, excesses by security forces (I won’t add the word “alleged” because I have personally experienced it, being kicked, punched and shoved in the face with the nozzle of an SLR rifle while walking back home one night after attending church service), coupled with a sense of government neglect continues to alienate citizens of less-developed areas like the northeast and Naxal-dominated regions of Chhattisgarh, Jharkhand and Orissa.

Lack of economic opportunities is also a key factor in the proliferation of militant groups - in Manipur alone, there are reportedly 30-odd militant groups operating - perhaps joining an underground group is just another form of employment?

In other parts of the country, there are many who feel alienated because of their ethnicity, or religion. Muslims face profiling even in cosmopolitan cities (I know of a good friend, a senior journalist at that, who was unable to find accommodation in posh south Delhi. Landlords he approached told him they don’t rent to Muslims). Allegations of innocent people being framed and tortured by police following terror attacks have also been reported by newspapers.

The diabolical bombings in Bangalore and Ahmedabad also appear to have been carried out by home-grown extremists with a grouse against the state, trying to justify their actions with atrocities committed against a particular community.

Some time ago during a media event, I was trying to explain the security situation in the northeast to a senior journalist over dinner, when he suddenly stopped me in mid-sentence. “That’s the difference between people who come from your region and the rest of us,” he said, continuing “When we talk about the army, we just say ‘the army’ or ‘our army’, whereas you, wittingly or unwittingly, call them ‘the Indian army’, as if they were some foreign occupying force.”

I never realized it before, but he was right. And as a journalist trying to maintain an objective perspective, I have since taken care every time I have a discussion on the subject, But there are many others who, wittingly or unwittingly, still use that phrase - perhaps a manifestation of an underlying sentiment.

Sixty years after the country gained independence, many things have changed for the better, and we can afford to be proud of the nation’s achievements, our democracy (chaotic as it may be), and the many great men and women who have brought us to where we are.

But there is always the other side of the coin, and the truth is that there are many who feel they have been deprived, who still don’t feel like celebrating their independence.

When the tri-colour flutters and the nation erupts in celebration on August 15, some places in the northeast and Jammu and Kashmir will probably observe bandhs, with the possibility of bombs exploding, as it has been the case in previous years.

In his address to the nation last year on Independence Day, Prime Minister Manmohan Singh said he had a “vision of an India that is undivided despite diversity…. where every citizen feels proud to be an Indian.” Are we there yet?