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Kashmir groups issue statement on PIL challenging Article 35A

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More than 25 Kashmir-based organisations, including the Kashmir Chamber of Commerce and Industries (KCCI), the Kashmir Traders and Manufacturers Federation, the Kashmir Economic Alliance, the Kashmir Economic Forum, along with groups such as the JK Hoteliers Club, the House Boat Owners Association, and the Kashmir Valley fruit growers/dealers union recently held a joint press conference. The organisations’ statement said that the conference was “necessitated…to exhibit our unity in protesting the attempted onslaught on our hereditary state subject law.” 

Kashmir Article 35A

The groups’ statement said that “our state subject laws have been under attack” since a PIL was filed by We the Citizens, an RSS-backed NGO, and admitted by the Supreme Court of India. The PIL “challenges the validity” of Article 35A of the Indian Constitution, the groups said, noting that Article 35A “affords a protective shield to the hereditary state subject law of Jammu and Kashmir that is in existence since 1927”. They later added, “History is witness to the fact that Article 35-A was enacted in” the Indian Constitution in 1954, “and since then several petitions were filed by different groups and individuals to challenge this Act.” The statement noted that “all such admissions would get dismissed before their admission by the Supreme Court only because of the prompt and appropriate defense by successive Governments at New Delhi.” This time, however, the groups said that the Government of India has “bizarrely declined to defend their own” Constitutional provision, and has not filed any counter to the PIL. “This speaks volumes about the complicity of GOI in the attempt of removing or tinkering with the Article 35A,” they stated. According to the organisations’ statement, the Supreme Court, after admitting the petition in question, also took cognisance of four other petitions “filed by various groups and individuals and clubbed all these with the main petition”.

The statement, addressing the public, explained that if Article 35A is “removed or tinkered with, then the rights of original citizens of Jammu and Kashmir on their immovable property and other such rights would be taken away and all Indians would be afforded a right to establish their settlements in length and breadth of the state pushing away the original citizens.” It added, “It is pertinent to say that the purpose behind this PIL is devious to change the demographic character of Jammu Kashmir and alter the nature of dispute that is internationally recognized.”

The statement emphasised that “The worry among the citizens of Jammu and Kashmir to resist against the attempted onslaught is very much justified,” later adding, “The powers that be are hereby put on notice to take all necessary steps to get the nefarious PIL…dismissed at the earliest in order to save themselves from its political ramifications and consequences.” The statement said that various organisations have already formulated a strategy “to contest the onslaught,” and that individual groups will follow this strategy until August 6, 2018, which is the date of the hearing. The statement also announced the “full support” of the groups participating in the press conference for the call for a strike on August 5-6. The statement said, “This matter is related to the life and death of the people of Jammu Kashmir and we all are ready to spill our blood to safeguard this law.”

The complete statement from the joint press conference can be read below, along with a list of organisations that participated in the conference: 

This Press Conference has been necessitated today to exhibit our unity in protesting the attempted onslaught on our hereditary state subject law.  We are accompanied by the representatives from cross section of the society comprising the civil society formations including business chambers and federations, transporters, tourism fraternity, horticulturists, industrialists, academia and other social, religious and cultural organizations.

Our state subject laws have been under attack ever since a PIL was filed by RSS backed NGO “We the Citizens” and admitted by the supreme court of India that challenges the validity of Article 35-A of Indian constitution. It needs to be reminded that Article 35-A affords a protective shield to the hereditary state subject law of Jammu and Kashmir that is in existence since 1927. After admission of this petition, the Supreme Court also took cognizance of 4 other petitions filed by various groups and individuals and clubbed all these with the main petition. History is witness to the fact that Article 35-A was enacted in the constitution of India in the year 1954 and since then several petitions were filed by different groups and individuals to challenge this Act. However all such petitions would get dismissed before their admission by the Supreme Court  only because of the prompt and appropriate defense by successive Governments at New Delhi. However,this time a situation has arised when Government of India has bizarrely  declined to defend their own provision of the constitution as it has not filed any Counter to the said PIL. This speaks volumes about the complicity of GOI in the attempt of removing or tinkering with the Article 35 A. 

We wish to inform the general public that if the said Article is removed or tinkered with, then the rights of original citizens of Jammu and Kashmir on their immovable property and other such rights would be taken away and all Indians would be afforded a right to establish their settlements in length and breadth of the state pushing away the original citizens. It is pertinent to say that the purpose behind this PIL is devious to change the demographic character of Jammu Kashmir and alter the nature of dispute that is internationally recognized. 

The worry among the citizens of Jammu and Kashmir to resist against the attempted onslaught is very much justified.  Let us make it amply clear that the hereditary state subject law of Jammu and Kashmir shall be protected at any cost even on the lives of the citizens and no tampering with this law would ever be tolerated. The powers that be are hereby put on notice to take all necessary steps to get the nefarious PIL filed by RSS backed NGO dismissed at the earliest in order to save themselves from its political ramifications and consequences. This matter is related to the life and death of the people of Jammu Kashmir and we all are ready to spill our blood to safeguard this law.   

As we have already stated that the protest of the people of Jammu Kashmir on this issue is in all purposes legal and necessary. Various organizations mentioned hereunder have unanimously charted out a strategy and program to contest the onslaught that has already been communicated and shall be followed by individual organizations initially till 6Th of August 2018, the day of hearing. We also hereby announce our full support to the call of strike given by JRL on 5th and 6th of August 2018. 

Participating organizations of this press conference: 
Kashmir chamber of Commerce and Industries (KCCI)
Kashmir Traders and Manufacturers Federation (KTMF Y)
Kashmir Economic Alliance (KEA Y)
Kashmir Economic Alliance (KEA F)
Kashmir Traders and Manufacturers Federation (KTMF R)
Federation chamber of Industry of Kashmir (FCIK M)
Jammu Kashmir Socio Economic Coordination committee (JKSECC)
Kashmir economic forum (KEF) 
Jammu and Kashmir contractors’ coordination committee 
Kashmir Center for social and development studies (KCSDS)
J & K JCCOPS
Kashmir valley fruit growers/ Dealers union
Western bus service 
Haji-Pir transport company 
Kashmir Motor drivers Association. (KMD)
Western motor transport company
New Kashmir Transport Company
Star Transport Company.
Tourist Taxi Operators Association.
Joint coordination committee of taxi Associations Parimpora 
All Kashmir auto Riskshaw drivers Association.
Kashmir hotel and restaurant association
JK Hoteliers Club
Associated Chamber of commerce and Industries Kashmir (CCIK)
House boat owners Association 
Batamaloo Traders Association.
All traders joint coordination committee Batamaloo.
 

“As Hindus, it is our dharma (duty) to speak up and oppose fundamentalism and violence committed in the name of our religion”

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A forum of Progressive Hindus in the US, questions the attempt of Hindu American Federation to cover-up the targeting of India’s minorities and Dalits under the watch of the Hindu nationalist government since 2014

Progressive Hindus
 
Sadhana, a recently launched forum of Progressive Hindus in the US, has slammed the July 26 event organised by the Hindu American Foundation (HAF) in Washington to showcase India, the “most religiously diverse democracy” in the world, at which no representative of India’s largest minorities — Muslims, Christians, Sikhs – or Dalit was invited to address, and during which no concern was expressed over the ongoing targeting of India’s minorities and Dalits.
 
A statement issued by Sadhna stated that the HAF’s questionable event was simply aimed at presenting a far-from-real rosy picture of India before US lawmakers, government officials, NGOs and the general public.
 
Questioning this make-believe projection of the ugly Indian reality today, the statement said, “It is no surprise that India has been listed as the fourth most religiously intolerant country in the world by the Pew Research Center on Religion and Public Life”.
 
Discussing religious freedom in India without acknowledging the fact that members of India’s ruling party want to turn India into a Hindu rashtra (Hindu nation) is nothing but disingenuous, said Sadhna.

“Hindu nationalism is destructive to Indian democracy and society. Not only does it endanger the lives of India’s minorities, it also targets Hindus who resist the hijacking of their religion by a violent minority, and often results in violence committed against Hindus living in other South Asian countries”.

“Sadhana means ‘faith in action’, and we at Sadhana will not stand by while we watch our holy symbols, religious beliefs, and sacred spaces converted into tools of oppression. Sadhana is a coalition of progressive Hindus who strongly believe in the values that lie at the core of our faith:  ekatva (oneness), ahimsa (nonviolence), and seva (selfless service).

Here is the full statement:
 

On July 26, 2018, the Hindu American Foundation (HAF) organized an event in Washington, DC to commemorate the release of its new report, “India: Democracy in Diversity.” HAF’s alleged goal for this event was to provide the “full story” about India’s religious freedom. The event consisted of a panel featuring representatives of various Indian religious minorities who shared their perspectives on religious pluralism. Sadhana initially published a statement on the evening of July 25. However, because the report was not yet available to the public, Sadhana decided to remove the statement to give HAF the benefit of the doubt. Some DC-based Sadhana members attended the panel, and shared Sadhana’s perspective during the question-and-answer session. Unfortunately, the event and accompanying report confirmed our fears that they would not directly confront the problem of religious violence, particularly in today’s India.

A notable exception was Harminder Kaur, the Sikh representative at the event and founder of a nonprofit organization called Sikh Kid to Kid (SK2K) . Harminder ji stated that she was speaking from a place of love for her homeland, but spoke fearlessly and honestly about the issues Sikhs have historically faced, and continue to combat, in India. Harminder ji insisted that we must not normalize the violence that is currently taking place in India, and that dialogue, not denial, is the only way to address religious violence. We are inspired by voices like Harminder ji’s, and pledge to continue speaking out against the rising threat of Hindu nationalism to Indian democracy and religious freedom.

Below is our initial statement, edited to accurately reflect the content of the July 26 event.

Since the formation of a Hindu nationalist government in India in 2014, the condition of religious and social minorities has substantially deteriorated. Stories of Muslims and Dalits being lynched on the suspicion of eating beef and Christian churches being burned have regularly made international headlines. Today, right-wing Hindu politicians garland anti-Muslim vigilantes and actively obstruct the legal prosecution of religious fanatics. Yogi Adityanath, Chief Minister of India’s most populous state and head of a Hindu monastery, shares public stages with men who advocate digging up the graves of Muslim women and raping their corpses. Therefore, it is no surprise that India has been listed as the fourth most religiously intolerant country in the world by the Pew Research Center on Religion and Public Life.

The Hindu American Foundation (HAF) decided to address the issue of religious freedom in India at an event it is hosted on July 26 in Washington D.C, where the organization released its latest publication, “India: Democracy in Diversity.” HAF aimed to introduce US lawmakers, government officials, NGOs, and the general public to what it describes as the “most religiously diverse democracy” in the world. The event celebrated the Indian subcontinent’s long history of welcoming refugees and asylum seekers from around the globe and promoted India’s “civilizational perspective” on pluralism. 

Sadhana agrees with HAF that a conversation about democracy, diversity, and religious freedom in India is urgent. However, this conversation cannot happen without representatives of those communities that have been the most targeted by religious violence and persecution.

The event featured speakers from communities that HAF described as “key religious minorities”: a Tibetan Buddhist, Zoroastrian (Parsi), Indian Jew, Sikh, Christian-Muslim, and Kashmiri Pandit. However, there were no representatives of Muslim or Christian community organizations at the event, despite Muslims and Christians being the largest religious minorities in India. Additionally, there was no listed representative for Dalits or other caste-oppressed communities, who comprise at least 200 million people.

What kind of a message did HAF hope to send by holding a conference on democracy and religious freedom in India that does not prioritize India’s largest marginalized communities? Discussing religious freedom in India without acknowledging the fact that members of India’s ruling party want to turn India into a Hindu rashtra (Hindu nation) is nothing but disingenuous.

HAF’s event was timed to coincide with a conference organized by the U.S. State Department on religious freedom worldwide. HAF has been acutely critical of U.S. governmental reports on religious freedom in India. The U.S. Commission on International Religious Freedom has placed India on its Watch List since 2009, and listed Hindu nationalist organizations such as the Vishwa Hindu Parishad (VHP) and Bajrang Dal as “extremist” groups in past reports. What does HAF have to say to these groups that are actively destroying the democracy and religious pluralism that it celebrates? 

Hindu nationalism is destructive to Indian democracy and society. Not only does it endanger the lives of India’s minorities, it also targets Hindus who resist the hijacking of their religion by a violent minority, and often results in violence committed against Hindus living in other South Asian countries. Sadhana means “faith in action”, and we at Sadhana will not stand by while we watch our holy symbols, religious beliefs, and sacred spaces converted into tools of oppression. Sadhana is a coalition of progressive Hindus who strongly believe in the values that lie at the core of our faith: ekatva (oneness), ahimsa (nonviolence), and seva (selfless service).

As Hindus who are horrified at the brutal violence being perpetrated in the name of Hinduism we believe a discussion of democracy, diversity, and religious freedom in India does not make sense without discussing the challenges faced by the most vulnerable communities today. HAF represents itself as a nonpartisan organization that is committed to combating bigotry and seeking greater inclusion of Hindus in mainstream American society. This September, the American affiliate of the VHP is organizing a “World Hindu Congress” in Chicago, featuring Hindu nationalist leaders including Yogi Adityanath and Mohan Bhagwat (head of the RSS). If HAF is serious about combating bigotry and celebrating India’s religious pluralism, will they take a public stand against Hindu nationalist organizations such as the VHP that are directly responsible for creating a hostile climate for Indian Muslims, Christians, Sikhs, Dalits, and other minorities?

As Hindus, it is our dharma (duty) to speak up and oppose fundamentalism and violence committed in the name of our religion. Hindus must not be resistant to self-criticism; instead, we are called to embody para-dukha-dukhi — feeling the pain of fellow living beings as our own. Will HAF find the courage to unequivocally denounce rising Hindu nationalism in India as well as the United States? How many more Indians will be lynched by Hindu fundamentalist mobs before HAF finds it important to discuss the threats to religious freedom in India?

For more information contact: www.sadhana.org
 

Appeal to Participate in the Email Drive Against the HECI Bill, 2018

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As the monsoon session of the Parliament progresses, the possibility of the HECI Draft Bill being tabled before our legislators becomes more and more eminent. On 27 June, the Human Resources Development Ministry of the Government of India announced that it would repeal the University Grants Commission (UGC) Act and introduce a new regulatory body for higher education called the Higher Education Commission of India (HECI). The draft Higher Education Commission of India (Repeal of University Grants Commission Act) 2018 can be read here.


Image Courtesy: Amit Bandre

While there is no denying that the University Grants Commission (UGC) has failed to discharge its obligations towards higher education, the Higher Education Commission of India (HECI) Bill is far from being the answer. The Bill, if implemented, will vest more powers in the Union Government, rob institutions of their autonomy and skew higher education in favour of the market place.

Read more about the implications of the HECI Bill here.

Even though HRD minister Prakash Javadekar, tweeted that that the MHRD will be receiving suggestions to the draft till 7 July, the possibility of the Bill being tabled at the moment means that it has been, yet again, pushed through without participation in detailed deliberation with educationists, teachers, students, and academic staff.

Given the circumstances, we must request our legislators – especially members of the Opposition – to urgently engage with the MHRD on the matter, raise our concerns in the Parliament and demand that the Bill be immediately sent to the Standing Committee for wider consultation.
betteruniversities.in has drafted a letter addressed to the MPs along with consolidating a list of email addresses of various opposition members of the Parliament. The letter has already been translated into seven languages and an attempt to translate it in various other languages is also in progress.

We hereby urge everyone to write to their own state representatives and request a blocking of the HECI Bill. Click here to see how you can participate in the email engagement process.

Reject the HECI Bill.
Act quickly and share widely.

First Published on Indian Cultural Forum