Ujjawal Krishnam | SabrangIndia

Potters in Bihar Struggle to Meet Ends Amid Lack of Profit

Thu, 31 Oct 2019 06:11:52 +0000

“The cost of raw materials used in pottery has fluctuated critically, much more than the selling price of pottery products, therefore, scooping an imbalance in the business,” says a traditional potter from West Champaran.

Jitendra taking out earthen plates [used in Chhath] from kiln.

For the traditional potters of Bettiah, it is a seasonal business and a yearlong profession. Gangasagar Pandit (pronounced as ‘padiit’, not Pandit which is a Brahmin name-prefix), in his 50s, has been putting up his stall beside Shiv Mandir Pokhra locality of West Champaran’s district headquarters for the past 20 years. He does not live here; this is just his open-air workshop.

“Will young people study to get a decent job or get into this,” asks Gangasagar, adding, “Our time was different. We were uneducated and there was no option. With this income, no one can fulfil modern needs. Prices of everyday commodities are catastrophically increasing…”
It is said that the art of pottery is as old as human history. The rarely perishable hard bits of pottery have helped historians solve the puzzles of oldest civilisations. Like clay products, Gangasagar’s family’s descent is too old to trace but it is soon to be a part of history as he says that “the tradition is suffering a huge blow from unsustainable industrialisation and modernisation.”

He tells NewsClick that the cost of raw materials used in pottery has fluctuated critically, much more than the selling price of pottery products, therefore, scooping an imbalance in the business. The prices of Nadiya (earthen curd container), Dhakni (earthen bowl), Kalsa (earthen pot) and Diya or Diyari (earthen lamp) have faced a relatively slow increment. While the items were being previously sold at Rs. 0.5, Rs. 1.5 and Rs. 0.3 respectively; over two decades later, their prices have elevated to just Rs. 1.5, Rs. 5 and Rs. 0.6– they have catered between two-fold and three-fold increase at most.

However, the price of clay, a silica variant, has gone up from Rs. 50 per tractor trolley volume [roughly 10x6x2ft3] to Rs. 3,000. Similarly, cow dung and timber are sold at high rates of Rs. 300 per cubic feet and Rs. 10 per kg, in sharp contrast to two-decades-old corresponding rates of Rs. 50 and Rs. 2.

Gangasagar (top), Bhagmani (bottom right) and Lilawati (bottom left).

Unaware of any government scheme, Gangasagar is coping with the drawbacks of his traditional job. “Some government employee might have visited my shop, Diwali and Chhath (one of the most popular festivals in Bihar) are for all. But no one has suggested me how to advance this business and earn through these pottery skills,” he says, adding that he has taken an informal loan of Rs. 20,000 at a monthly interest rate of 5%. “I pay interest amount consistently, but I do not know how how to get out of this debt,” he adds.

“We have been doing this all the while just to keep this tradition alive. Instead of helping poor like us, Satyendra Kumar, the manager of Bettiah Raj, threatened to evict us. Where could we go? We resisted,” says Bhagmani Devi, Gangasagar’s wife.

Gangasagar’s workshop, the largest workshop in the area, is collaboratively managed by the his family and his late brother Ramsagar Kumar’s family. Ramsagar’s death was unnatural. His family says that one day while he was working on the potter’s wheel in unfavourable weather, he suddenly experienced fits and collapsed. Since then, his wife Lilawati Devi and son Jitendra Pandit are active in this field.

As the workshop has run out of clay, the only hope for them is to sale the remaining merchandise. A Chanpatia-based clay trader has told the potters that clay would be difficult to find. Even if that was accessible, potters would face a hefty bill.

Bhagmani and Lilawati are segregating the offerings—few kilograms of rice, pulse and sarees—made by a regular customer. These gifts are in return for funeral pottery urns the workshop supplied. “But that is sporadic. I get a monthly pension of Rs. 400,” Lilawati says, “after he [referring to husband] left us, I had no choice except to engage Jitendra in this.”

Jitendra works at a nearby retail store and receives Rs. 7,500 per month for 15 hours of daily labour. If he skips, Rs. 250 a day is deducted from his balance. He has temporarily taken a leave from his job; he will re-join after November 3 when Chhath mahaparva concludes.

Both of them are staying together in a joint-family, there are two kuccha homes on an area of 5-dhur. They are yet to receive any benefit of housing scheme.

Gangasagar’s eldest son Dharmendra, 22, is pursuing B.A. in History in local Ram Lakkhan Singh Yadav (RLSY) College. While he was married over a year ago, he still wants to continue education. For him, pottery making is plan B, in case “degree does not help”. “I had to pay a bribe of Rs. 100 to access the government scholarship of Rs. 1,800 in secondary school,” he says talking about the corruption in government schools in the region. He further says that he is eligible for a scholarship of Rs. 7,000 a year, however, no call has been made to him yet. He adds, “I went to the welfare department many times after submitting the completed form, but they keep saying that ‘we will inform you when the list is updated…’.”

Pottery is a source of daily subsistence for at least a hundred people in this region. While Gangasagar’s stall is not in the market area, his relatives have set up their stalls, next to their homes, facing the NH-28B, near the crowded market of Hariwatika Chawk.

Several customers had lined up to bargain in front of the stalls on the occasion of Dhanteras, when this reporter visited the market.

Ramashish, 59, is shaping small earthen lamps by balancing the pressure of his fingers and palms. He is using a concrete potter’s wheel or chhak mounted on a hinge or killa. In fact, none of the potters have motorised wheel. Each potter’s wheel costs Rs. 1,000.

Ramashish (top left), lime powder (top right), clay stoves [used to cook sacred meal of ‘rasiao roti’ in Chhath festival] (bottom) are also up for sale at Lalmati’s stall.

He has to finish the clay lump before Chhoti Diwali (the first day of Diwali). After diyas come out of wheel, they are left to become leather-hard, then the items are layered with hay and taken to the pottery kiln, a traditional bisque firing set-up which utilises cow dung and timber to harden pottery pieces.

Amid his work, Ramashish says, “Festoon bulbs have inundated the market… Earthen lamps are only customary. People get a maximum of few dozen lamps…not more than that. One can imagine how difficult it is for us to continue this practice.”

“And, it is not hidden that at least ten Diyas out of hundred are fractured in the kiln,” he adds, talking about the high error ratio prevalent in the traditional firing method. He has six daughters, the eldest one has recently matriculated but, he has no clue about their future.

It was Ramashish’s grandfather Raghunath Pandit who had come to Bettiah from Varanasi; potters were allotted land by the Maharaja of erstwhile Bettiah Raj. After two generations, he is fearful of the ruthless anti-encroachment drive, as he—like other potters—has extended the workshop on the government property along the road. He is aware that such extensions are adding to the traffic jams on the road, but, there is no other suitable space. Many poor potters have sold their valuable land; thus, being forced to extend their stalls on encroached land. The lack of support and appropriate guidance from the administration is deepening the problems for the poor (and poorly educated) potters.

Dharmendra (top); Hathi, Gullak, toys and Diyas at Ramashish’s stall (bottom).

Ramashish’s mother Kalawati Devi, 75, says that decline of usage of Ramgilas or Kulhad (earthen cups) has mainly affected the business. “As Diyas or Hathi sets are seasonal, our income was primarily dependent on Ramgilas and Khapada [Vertically cut hollow-cylindrically kilned clay item traditionally used to insulate Kuchha roof]. Who drinks in earthen cup nowadays? Also not many people live in kuccha houses today,” she says, adding, “Chukia or Gullak (clay made coin bank) too, has no market-demand.”

Lalmati Devi, a sexagenarian, has knee problems. But that is not stopping Lalmati, a widow, from struggling hard against social constructs to earn a living. Her children have broken ties with her. While her sons live in a three-storey building, she has no option except to live in a small room with thatched roof in the backyard of the building where she has a small workshop. “They got the property transferred in their names. I am illiterate…With remaining savings, I am operating this stall,” she says. She had ordered 1,00,000 Diyas at Rs. 0.35 each.

However, she feels that the wholesale trader cheated her. “I am telling you the truth– they are just 60,000 pieces.” The tractor driver charged Rs. 1,500 for transporting the stock from Raxaul to Bettiah, 50 kms apart.

Lalmati in her kuccha house (top left); Muskan, Sonam, Lalmati and Golu (top right); wedged pliable clay at Ramashish’s workshop

Lalmati has employed nephew Chhotelal Pandit for a daily wage of Rs. 300 to assist her. Chhotelal Pandit, 60, believes that daily wage is better than investing in the production of pottery products. “At least, you know how much you are making at the end of the day (in daily wage work),” says Chhotelal who is partially blind. As he cannot do heavy manual tasks, he can work as a salesman.

Lalmati’s neighbour shares the same name. The neighbour, even though not a widow, shares many problems with her namesake. The starkest among them is the decimation of pottery industry against the backdrop of monopoly of artificial decorative items. She says, “We begin working on Diwali and Chhath items in Bhado mas [coinciding with August month]. After two months of travail and hazardous incessant rains, we end up with a few pennies. Suppose it rains today, then, where will we keep these drying items? They will all be destroyed!”

She also says, “Why have you come here now? Every year reporters come and inquire about the same thing. Despite these all newspaper reports, nothing has changed so far.”

Lalmati’s son Rudal is firing the kiln in the backyard. Her grandchildren are helping her manage the shop. The stall also has Koshis, in addition to diyas and clay made kitchenware-toys. Koshi is a liturgical item used in Chhath festival [commemorated on the sixth day after Diwali]– a set of designed earthen pot, plate and elephant, arranged in a vertical position. Unlike common diyas, Koshis are painted with lime powdered water. Thereafter, leaves or lines of different colours are drawn on them. This year, potters plan to keep a base price of Rs. 100 for a Koshi set. They will be ready to put on public display for sale after Bhaiya Dooj.

None of the potters here have any agricultural land. While they may get heavy payment for their property, no one wants to sell. According to them, this is the last vestige of their ancestors and once vibrant pottery industry.

Sunny Kumar, who studies in 3rd standard in a nearby private school, is learning how to manage pottery shop. Since he is too young for any manual tasks, he sits on the cash counter. “I want to become an engineer,” he says. He has no idea about an engineer’s job, he just heard the ‘term’ somewhere.

Harishchandra Pandit, Sunny’s father, says, “Can this pottery business alone finance you? No. That is why, I became an electrician. I work on a contractual basis.” Harishchandra, 35, has got around 50,000 diyas this year. In off-season, he installs flat electric wiring for Rs. 7,000; he hires three assistant novices for the task. “Wiring of a common apartment [~3/4-BHK] here takes a maximum of seven days,” he adds.

Nagendra will make a profit of Rs. 2 on each terracotta diya. He is hopeful to sell all of them by Chhath.

His brother Nagendra, 30, has come up with an innovative plan. He introduced Bengal’s terracotta diyas in the local market last year. Welcome response from the customers encouraged him to bring around 80,000 diyas this year. He has partnered with a local businessman for this venture. Nagendra lost his father to an unknown medical condition in his early teens, and the only childhood memory he has is of becoming a daily wage labourer. “I do not know how to operate the potter’s wheel. I could not learn it. This trade at least keeps me connected with clay.”

Courtesy: News Click

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No Water But Gutter and Garbage: Vadodara’s Minorities Living in Hell

Tue, 04 Jun 2019 04:38:19 +0000

The people staying in plot survey no. 287 of Ektanagar Rahis Association, mostly Muslims and Marathas, are being intimidated by the VMC to vacate the slum for a Smart City project, even though the Gujarat HC had stayed the demolition order two years ago.

The residents hold empty water cans. Image Courtesy: Ujjawal Krishnam

“We have kept roza (fast) but we have to go to fetch water. There is no water supply. What did we do to the corporation people that they can’t even show some mercy to us,” says Zubedaben Qadir Sheikh, 45. “Pine ka pani kaise pineka?..Gunh jaisa pani ata hai. (It is almost fecal water, how can we drink it?)”

NewsClick met Zubedaben at the local Anganwadi centre where she works as a sahayika (helper). Because of the water scarcity, she says, it has become quite difficult to prepare meals for the children.

Like Zubedaben, there are several women flocking to the outpost of plot survey (to be demolished) number 287 of Ektanagar Rahis Association to collect water for their daily needs.

Several women gather everyday at the plot to collect water.

Zainab Syed Husain, a school going teenager who was there to collect water said that it has been three months since she had water supply in her home. She added, “I start collecting water since morning and it takes me up to 2 PM to fill up the cans. We are, of course, poor but we also believe in the Almighty. Don’t we have the right to avail the basic needs? Will we keep doing this for lifetime…how will we get time to study in such circumstances?”

Sheikh Sehnaz Balam interrupts angrily, “Inke tyohar me, Diwali me, Dhuleti me, sab me pani ata hai…aur hame pine tak pani nahi? Kaha ka samajik insaf hai ye. (Whether it is Diwali or Holi, water supply is always available to them..and we don’t have even water to drink. Is that what you call social justice?)”

The family of Maqbul Diwan had been brought to this area from Bahmanpura, Panigate by the government three years before he was born. Maqbul, now 35, is a daily wage labourer like his father. He says that hundreds of houses were demolished in order to construct a road but it was never actually built.

As he led the way, some 10-15 women were seen carrying canisters. Asked what they are doing, Khatun Bibi, 85, said, “Even private water tanker is not ready to come here. It is badi raat for us tonight. How will we bathe the children? Roza or not, we have to come to fetch water.”

Bismillahben, 45, pointing at a private society which shares boundary with the slum’s periphery, blurts, “Pay for water, pay for cleaning the road, pay to restore motor…Can’t they understand that we are poor. If we had money, wouldn’t we be living in that building.”

There is abundant water supply in the adjacent slum sectors of Ektanagar where Hindus constitute the majority. While government officiald never visit to ensure water supply in this surveyed plot of Ektanagar, the electricity board, on the other hand, is not lenient on their bills. This reporter was told that if there is even a delay of five days in the payment of the electricity bill, the board does not delay in taking away the electric meter.

The Vadodara Municipal Corporation doesn’t send tankers here. A government water tanker could be seen in the other part of Ektanagar, but none were seen in this part of the slum. A private tanker costs Rs 600 and it can only satisfy the basic water need for a maximum of three families of 3-5 members each.

Shehla Ben has to prepare food for her children, so she comes to the end of the slum to fetch water. Those who let them fill their bottles charge Rs 10 for one can. She expresses her agony, “How can I afford this much with a family income of only Rs 400 a day?”

“Police come to disturb us. They ask us to vacate the slum, otherwise they threaten us that they will not even allow us to collect our belongings as final orders arrive. What valuables do we have except of this mortal body to fear for the future,” adds Shabana, another resident.

In another aisle, Ruksanaben was seen carrying clothes on her head. She said, “To wash clothes we have to travel three to four kilometres with the pile of clothes. Should we now remain dirty even in the holy month of Ramazan…Don’t know why god is inflicting such pain.”

Sahira Banu, showing yellowish brown water with dispersed particulate in it, says, “This is what we call swachha water. A potable water-can of 25 litre costs Rs 30. Can we afford it for a big family?”

Noorjahan Banu, 54, is recovering from paraplegia, a type of paralysis. She has no option except to fetch water for herself. She can’t hold back her tears as she talks. Banu grieved, “I can’t remain dependent on my family for all chores. I collect 4-5 litres of water, get it boiled and filtered before breaking roza.”

NewsClick then visited the colony of Ambedkarite Marathis which is also on the same surveyed plot that is to be demolished.

Rahman, 35, who lives in Gali No. 41 of Ambedkarnagar said, “Our whole family fell ill last month because of this contaminated water. This is not only dirty but also smells bad. You can’t even wash your hands with this, let alone drinking.”

Lakshmiben Balchandra Bhamre, with other Marathi families, moved here forty years ago from Pratapnagar as the latter was demolished. Lakshmiben, now in her early fifties, is suffering the repercussions of irregularities forced onto them after dislocation. She feels that these are manifestations of discrimination because they are not Gujaratis. She said, “Our conditions are worsening with time and it is certainly having some political angle.’

Kamlaben Bhamre, 60, said, “The water supply was restarted two days before elections [Vadodara underwent polling for Lok Sabha on April 23] but the condition changed as elections concluded —we were left to our daily suffering.”

Chirag Ali Shah, an activist working for minority rights in Vadodara, wrote many applications to Vadodara Municipal Corporation (VMC) but the appellant authority didn’t respond to the issues raised by the slum occupants. Shah said, “There is a vast problem of street lights here. We went to the Electricity Department; they didn’t even entertain our plea. They keep sending us from one place to the other.”

Several kids point towards a dump. One of them says, “Gutter ka pani pura ghar me bhara rahta hai, koi saaf karne nahi ata. (The gutter water overflows into our homes, no one comes to clean.)”

The situation is same in the other extreme of the surveyed slum. Sabiraben Sheikh, 65, told NewsClick that the issue of irregular water supply has been there for two decades but they never faced such a prolonged disruption. She said, “After VMC served us the notice to vacate the slum, this has become a new normal for the slum dwellers.”

In November 2016, plot survey number 287 of Ektanagar Rahis Association was served a notice of demolition drive. Plot survey no. 287 is the biggest slum extension in Ektanagar. Ambedkarite Marathis and Muslims constitute majority of the population. Local activists approached the Gujarat High Court for an emergency hearing. Munaf Pathan, a social activist based in Vadodara, says, “VMC served a short notice in the newspaper just before the HC’s vacation period so no one could succeed in availing any relief. But we luckily got an emergency hearing on our petition and Chief Justice R. Subhash Reddy ordered VMC to not demolish the slum.”

The order on the Writ Petition (PIL) reviewed by NewsClick demarcates the faulty arguments of the Vadodara Municipal Corporation. The corporation argued that all the occupants had already consented to vacate the existing premises and also had accepted to receive a sum of Rs. 2,000/- per month till they are rehabilitated. The Chief Justice of Gujarat HC immediately stopped the demolition drive as the argument by VMC had proved faulty. Not all slum occupants had consented for demolition nor were they given proper rehabilitation allotments.

NewsClick approached Ajay Bhadoo, VMC Commissioner, for his comments but he directed this reporter to Deputy Commissioner Shailesh Mistry. Mistry disconnected the call on being asked about the issues pertaining to Ektanagar.

The opposition leader in VMC representing Indian National Congress, Chandrakant Shrivastva denied the existence of any such prolonged issues in Ektanagar to the best of his knowledge.

The writer is an independent journalist and serves as an editor at Academia.edu. He writes on social inequality and rights in India.

Courtesy: News Click

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Blind student approaches HC against DU’s order to vacate hostel room

Mon, 05 Nov 2018 10:27:32 +0000

The Court issued notice on the Petition, and the counsel appearing for the University was told not to take any action against Lovely Grover till the next date. The case is listed after Diwali on 13th November.

Lovely Grover, a visually challenged MPhil student in the Department of History, University of Delhi, has filed a writ petition in the High Court of Delhi against the decision of Gwyer Hall Hostel to not extend his stay in the hostel till the date of his MPhil submission.

The petition, filed by Advocates Soutik Banerjee and Sudhir Pratap Singh Charan, contends that the Gwyer Hall administration and the University of Delhi are acting arbitrarily and abdicating its statutory obligations under The Rights of Persons with Disabilities Act, 2016.

The Court issued notice on the Petition, and the counsel appearing for the University was told not to take any action against Lovely Grover till the next date. The University is also under a direction to file a response on or before the next date. The case is listed after Diwali on 13th November.

In an earlier report by Sabrang India, it was observed that Lovely Kumar Grover, an M.Phil student living at Gwyer Hall University of Delhi was not being given hostel accommodations even though his submissions were extended till 2019.

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DU Admin refuses to give blind student shelter

Wed, 19 Sep 2018 06:49:01 +0000

Lovely Kumar Grover, an M.Phil student living at Gwyer Hall University of Delhi is not being given hostel accommodations even though his submissions have been extended till 2019.

The constant intimidation-and-torture of a handicapped student by the DU Hostel administration is beyond belief. Authorities with their vested interests are on the way of crushing dissenting voices and sadly, victims now are specially abled students. This DU incident highlights one of the several perjuries of our socialist republic where it becomes quite surprising to acknowledge the fact that we can’t even let those function normally who go beyond their limits to do something specific.

We have exclusively accessed the open letter written by Lovely Grover:

Open Letter:
I am Lovely Kumar Grover, living at Gwyer Hall University of Delhi and currently doing M.Phil History from Social Science Department. I am a visually challenged student with 100% blindness.

After I became blind in 2003, I have always completed my studies through college or University provided Hostel accommodation as I lost my parents in early age due to which I am forced to take the institution provided accommodation.

Study	Institutes with Stay
1^st – 8^th Class (2004-2008)	Institution for the Blind RK Ashram
10^th (2009)	Private CBSE Board / Rama Vihar(Stay)
11-12^th (2009-2011)	Senior Secondary co-ed Sector 5 RK Puram / Humanity Foundation(Stay)
Graduation (2011-2014)	St. Stephen’s College Delhi University / College Hostel(Stay)
Post-Graduation(2014-2016)	Punjab University Chandigarh / University Hostel ( Stay)
Mphil History (2016-2019)	Social Science Department Delhi University / Gwyer Hall(Stay)

I joined Mphil Program on 23^rd August 2016 and I got hostel from 15 November 2016. Mphil program is of 18 months but I have got an extension from the department for my Mphil submission till 23^rd August 2019.

Currently, I am being tortured by hostel authorities of Gwyer Hall on my plea of extension of hostel stay. In hostel, I was provided extension only till 31^st August 2018 but as per my understanding, the hostel stay should be same as my Mphil submission which is 23^rd August 2019. I have already provided my application to the authorities in written format on multiple occasions. According to Provost Dr RK Sharma, they cannot provide me extension as it’s their committee decision but when I talked to the committee members they told me that the decisions are being made by Provost and not by the committee. The provost said,” wherever you want to go, you can go. “These words he used in terms of threatening me. I requested many times but they have only tortured me which is affecting my dissertation as well as teaching.

Dean of Student Welfare, Pro VC, Equal Opportunity Cell, Dean of Social Science, Dean of Colleges have also received applications from my end but still, my issue has been not resolved since they are not receiving any replies from Gwyer Hall authorities. With this letter, I am sharing my sadness which I am facing for the last 18 days.

Lovely Kumar Grover

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Baroda artist’s pursuit of art has a message for society

Fri, 14 Sep 2018 06:48:47 +0000

“The real celebration of culture and art is dwindling each day. If we don’t realise that gatherings like Ganesha Chaturthi provide us with a podium to spread the essence of brotherhood, then it is a collective loss.”

Close view: Ashok Ajmeri

“Art,” Ashokbhai Ajmeri says, “is an integral segment of our culture.” Ajmeri’s idols, known for their large sizes, are famous across Vadodara. Ganesha Chaturthi brings city to new VIP road every year where Ajmeri’s fascinating workshop metastasises the fragrance of Ganesha idols.
Ashokbhai Ajmeri’s family has been engaged in idol making for three generations. His grandfather, Jamunadas Ajmeri, known then for his handmade toys under patronage of Maharaja Sayajirao Gaekwad III, was inducted as a practical teacher at Kalbhavan of MS University of Baroda. Ashokbhai Ajmeri wanted to join the fine arts faculty of MS University, but due to some family issues, he pursued commerce and continued until M.Com previous year before he dropped out to get a temporary job so that he could earn a living. “Bloodline was calling me back”, he recounts. “Traditional sculpture art which I have seen since my childhood days couldn’t let me get away with it. I had to somehow fall into the same trap, or I say dedication, my two generations have sustained this beautiful city with.”

Ajmeri’s son is pursuing his B.Arch in interior design from MSU Baroda. His daughter is pursuing her BBA. Both are not interested in continuing Ajmeri’s profession. When we ask about future of the workshop, he says, “My nephew is the last hope in the family. He is a school goer, let’s see if he develops an interest in it. Or else, anyone keenly interested will carry forward this art.”

The workshop has some 14 artists who work with Ajmeri to give their spectacular touch to idols. Most of them work on daily wages and are migrants from rural Gujarat. They are called to Ajmeri’s workshop in peak seasons, while on off days they do agricultural work back at home. Ajmeri hosts all of them in his workshop and provides meals.

Babasaheb Ambedkar’s idol

“The existence of our rich cultural society can only be envisioned if there is a proper recognition of the art forms,” insists Ajmeri. “Idol not only connects the dots but also ushers several possibilities: it is a source of income for many idol makers like me, and see how poor people placing stalls near Ganesha pandals earn in upcoming ten days.”

For Ajmeri, festivals like Ganesha Chaturthi are not only about religion. They bring society closer. He speculates, “In city, we don’t know who lives next to us, who lives on upper floor or on lower floor, most of us have no idea. But when society plans to celebrate festivities, a huge possibility of social interactions kicks in, and we need it. We can’t rush up every time, we are humans, we are social beings.”

The process of idol making starts with a 25-inch prototype model made of clay. It is then transformed into a 5-9 foot idol by artists. Each body part is made separately, using Plaster of Paris (PoP) and fibre. Then acrylic colours and minute paint detailing give the finishing touches to the idols. Ajmeri’s workshop has earlier made idols for ISRO and other government agencies.

Ashokbhai Ajmeri giving finishing touch to the idol

Earlier there were protests across the city against PoP idols, but Ashokbhai tells us that this has been the practice for decades. “This unrest on PoP on environmental factors,” is questionable,” he states, adding, “It is efficient to make PoP idols. It doesn’t disturb agriculturally useful soil stratum, which clay idols deplete. Question here is not PoP, it is about waste management.” He further argues, “Pollution is everywhere but it is up to administration to prohibit discharge of PoP idols in water bodies.”

Artisans in the workshop say that there has been no health hazard. They claim, “It is our devotion and our part of service to society and almighty which keep us intact and good going.”

The Vadodara Police has recently regulated the height of Ganpati idols. Ashokbhai Ajmeri as president of Murtikar Art Foundation, Vadodara (MAFV) decided to stick to norms following administrative refutations. He questions, “Why is there much hullabaloo on the size of idols now? If so, then why Statue of Unity? What is Statue of Liberty? Aren’t ‘Brihad’ (Giant) and Brahma’ (fundamental) symbols of Hinduism? This is just about idols, it is prima facie administrative denial.”

Ashok Ajmeri, his workshop and the idol ready to be dispatched.

Each year, various yuvak mandals (youth associations) organise Ganpati festival on specific themes. Ajmeri remembers how associations across the city once established the theme as the Nirbhaya 2012 case. “Associations decide themes on the social issues and address them via this platform,” he says. “To destroy the culture just on the tag of apparent pollution is intellectual depravity beyond measures. Why don’t those cry on this focus on waste management instead? The actual issue exists there.”

“There is a difference between art and vulgarity,” observes Ashokbhai Ajmeri. “Some bring vulgarity to the art for the cheap publicity. Will you make the same idols of your mother? There exists the gap between artistic freedom and grievous intent to injury.” He notes, “Raja Ravi Verma used to paint in the durbar of Baroda’s Maharaja, he was accused of drawing gods and goddess on paper and giving them human shapes. I don’t find any violation of social conduct by Raja Ravi Verma, but today vulgarity is more and art is less.”

“The real celebration of culture and art is also dwindling each day. For many, sacred festivals like Ganesha Chaturthi are not for spiritual and cultural cause but to spread nuisance in the society. If we don’t realize that gatherings as such provide us with a podium to spread the essence of brotherhood, then it is a collective loss. What is the meaning of sexist songs being played on speakers on Ganesha Chaturthi,” Ashokbhai speculates. “Culture defines civilization; if we lose our culture, we will lose our identity, hence it is necessary to revive our belongings each year so coming generations don’t forget the meaning of societal terms of harmony and community values.”

Ashok Ajmeri and his team of artisans

Idol being made for Kuchh University at Ajmeri’s workshop

Fine Arts interns at the workshop

A prototype clay idol

Ashokbhai showing us his one of past works

An artwork under process at the workshop

Inside view of Ajmeri’s Shri Sai Ganesh Pratimalay

Idol with Ganesha-Shiva fusion

Side view of Durga idol

Photo Credits: Aditya Tripathi

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Opinion: What is the cost of being a dissenting voice?

Thu, 06 Sep 2018 09:44:56 +0000

It is not the question of stifling dissent, it is the question of gagging those standing for destitute.

Image: AFP

Stan Swamy, in his opinion piece, on August 1, questioned the value of dissent in India. He has now been raided by Maharashtra Police in connection with Bhima-Koregaon violence. His question still remains intact,” I raise my voice for Adivasis, am I a Traitor?”

Pune Police teamed up with other states’ police and raided the homes of citizens that are known as activists for Dalits, marginalised, oppressed and poor. Unlawful Activities Prevention Act(UAPA) was invoked and the charges levelled against them appeared feeble when the police failed to produce any solid evidence before the Delhi High Court. The court interjected and warned the police of Contempt of Court. Supreme Court has granted an extended interim relief to the detained activists and a petition filed by Romila Thapar has been listed for September 6.

This episode came as a shocker for many and a gameplay for some. Vivek Agnihotri, a Bollywood director, jumped to promoting a terminology he coined- “Urban Naxal” and branded the defenders of the activists with the same tag. Pratik Sinha, the founder of AltNews, responded with #MeTooUrbanNaxal and the repartee proved to be efficient, logical and resilient.

Prashant Bhushan has marked the arrest-row as the steady erosion of civil rights and called it “Worse than emergency”. Will Vivek Agnihotri also list former Supreme Court judge Justice P B Sawant and former High Court judge Justice Kolse Patil as “Urban Naxal” for being attendees of the Elgaar Parishad meeting? That is a serious concern. Analysts will wait and assess but the scars our civil liberties have been left with after this episode are no. to be observed as an instantaneous outcome. This is a result of development which took place over decades.

It is quite disappointing to note that in the BJP, in the madness of power, has no time to even connect the dots of Loknayak Jai Prakash Narayan, whom BJP idealizes. Sudha Bhardwaj who left her US citizenship to serve the marginalized in India is a national secretary of People’s Union for Civil Liberties(PUCL), an organization founded by Jai Prakash Narayan. Bhardwaj’s arrest narrows not only the ethics of the incumbent party but brings disrepute to their comments on mid-70’s emergency. In a country where trade unionists are feared by the government, there can’t be any future of labour rights.

It also becomes important to note that it is not the first time where Gautam Navlakha is being tortured by authorities, or Vernon Gonsalves’ family is feeling hopeless. Arun Ferriera has also earlier been imprisoned for his leftist beliefs, barbaric UAPA- a soft touch by the police remains as the pivot.

Only the government has changed. The brutalities and innuendos to favour the rule of propaganda remain the same. Do the opposition and anti-BJP front fail to list what has been done before? Was Gautam Navlakha detained at Jammu & Kashmir by BJP government? Or, was there BJP government in power when Gonsalves was kept in jail for five-and-a-half years on false charges? These questions bear deep leanings and are not result of a sudden upheaval.

They are correlated with political mappings where dissent is always crushed under the umbrella of majoritarianism. That remains the same for all parties who never speak when things come to religion, caste, creed, and dogma. Was “Democracy” maintained when the Padmavati issue rocked the nation? Gujarat Congress President Bharat Sinh Solanki remained silent on state government’s inaction towards the issue. Did he speak against outfits which bred the controversy? Point to be noted.

Whether you are a writer, or you make films or you voice for righthood-or-believe in change- it must not cross the line of majoritarian belief no matter what rights our constitution grants us. This has become an undocumented law of the land. Threats, fatwas, and rewards for killings- they sum up to new heights in our neo-culture.

The Supreme Court bench of Justices A M Khanwilkar and D Y Chandrachud, on the last day of hearing the petition by Romila Thapar, said that dissent as a safety valve of democracy. Bench warned the authority that the safety valve is not to be punctured, or else it will be burst. Bench indirectly hinted at a wider concern, that is, stifling dissent. The question remains, why is India moving towards an age of censorship where the flow of ideas is cross-checked for its safety measures every moment. Why are we checking the safety of an idea? How is that mechanically perturbing the system or a national threat?

In the same series of raids, Maharashtra and Telangana Police raided the residence of Prof. K Satyanarayana, the Head of the Cultural Studies department and the Dean of School of Inter-Disciplinary Studies at EFL University, Hyderabad. Prof. Satyanarayana said the following after his release, “My thirty years of academic life has been destroyed in five minutes. They asked me ‘Why are you reading Mao?’, ‘Why are you reading Marx?’, ‘Why are you having the songs of Gaddar?’ and, ‘Why are you keeping the photos of Ambedkar and Phule instead of gods and goddesses?’ They also asked me, ‘Why do you want to become an intellectual, why can’t you be happy with the money you are getting?’ I am happy, but I have to read and teach.”

This highlights a serious dilemma. Another question resurfaces: what is wrong in reading Marx? What is wrong if your ideals are Ambedkar and Phule? The answer remains rooted in the hypocrisy where the first line of the preamble of the constitution defines India as a socialist country and on the other hand in-office defenders of constitutional values are way forward to ask people to stop reading socialist theories. In that scenario- will we ever be able to become a truly socialist nation? Crony capitalism remains the wheel, those on sides of Rafale today were on the sides of 2G yesterday; only common citizens are to be looted and fooled. It is now solely upto us, to stand for ourself and defend our cause. Seven decades have been enough to show that independence is still not a ground reality. Dalits and marginalised were being crushed yesterday, and they are crushed today too. It is not a question of stifling dissent, it is a question of stifling those standing for destitute.

While delivering the presidential address of the Hindi Sahitya Sammelan, Udaipur, on October 6, 1945, KM Munshi, father of fundamental rights in India, had said:
“In 1916, I wrote a short story called ‘My Temporary Wife.’ Then Gujarat grew very angry. Some critics said that it would have been better if my hand had been cut off. When my novel Prithvi Vallabh was put on the screen, an association from Karnataka sent me a resolution and demanded of me that I should write a novel on the lines indicated by them. But when I write, I do not write for others, but in order to fulfil myself. I tear my heart open in bringing forth its hidden treasure. If you can appreciate it, take it; if you cannot, throw it away. But I shall body forth in towards only that beauty which is born of my imagination, those cultural values which make up my equipment and my ideas. I will not be a father to other people’s children.”

KM Munshi was not an ardent supporter of Communist Party of India and communism in general but he never tried to deter any civil rights based on personal views. In his inaugural address at the Indian Congress for Cultural Freedom, on March 23, 1951, KM Munshi heavily criticized CPI for furnishing the British attempt to crush the ‘Quit India’ movement of 1942, called CPI as the programme of ‘insectification’ in India. But that never excited KM Munshi to push even a talk in government to seek a ban on Communist Party because that was purely an ideology against which he was speaking. That was purely his thought. That’s because he believed that the opinion is a subject of difference and in an evolving polity like ours, political dissent can’t be a subject of censor.

Sadly, the beliefs of founding fathers of this democratic nation are meaningless today. We appear to have evolved, little less than completely, into a dinosaur of trim-cut-censor.

Dissenting voice invites sedition, the difference in thought results into anti-nationalism row and activism is called Naxalism, if promoted by scholars-then preferably “Urban Naxalism.”

Ujjawal Krishnam is an editor to Academia.edu and Wikiprojects. He writes on Indian polity and Jurisprudence.

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The fault lines of mob lynching in India

Mon, 23 Jul 2018 07:44:12 +0000

The growing ill-educated pool in our country despite being literate, alert us. There is no complete solution to heinous crimes like mob violence unless inclusive efforts are invested.

On July 17, 2018, a three-judge bench led by CJI Dipak Misra, agreed that it was an obligation of the state to protect citizens and maintain the pluralistic social fabric of the nation against lynching. The court asked the government to see the judgement as a clarion call in a time of exigency and also to file compliance reports within next four weeks. The judgment came in a contempt petition filed by activist Tehseen Poonawalla against continued mob violence by cow vigilantes.

Senior advocate Indira Jaising argued that the incidents of lynchings go “beyond the description of law and order… these crimes have a pattern and a motive. For instance, all these instances happen on highways. This court had asked the states to patrol the highways.” Vrinda Grover, a Delhi based human rights activist commented, “India doesn’t need new laws to curb crimes as mob violence; the enforcement of existing laws is needed.” Her opinion was also shared by senior advocate Colin Gonsalves. “Provisions in the criminal laws are very comprehensive and good,” he agreed. “They just need implementation.”

By enacting a special law against lynching, India will become the first country to do so. Supreme Court’s order is undoubtedly appreciable but heinous crimes like mob violence themselves bear many twisted knots. The connotations associated with mob violence are deeper than they appear and it becomes important to reflect on some unavoidable missing loops at this stage of the debate. From the Google engineer’s lynching to Akhlaq’s murder, from Bidar-Karnataka to Dadri-Uttar Pradesh, from WhatsApp rumours to cow vigilantism, the face of intolerance is evident and it was necessary to create some sense of fear in the perpetrators. The law against lynching, if enacted, may help in warning them but it is something ingrained in our society which can only be removed by appropriate interventions.

Last year’s rallies under the phrase #NotInMyName still remain fresh. Earlier this year, the lynching of a tribal in Kerala on suspicion of rice theft enunciated the difference between literacy and education. A few days ago, a Google engineer was beaten to death in Bidar, Karnataka by a 2,000-strong mob in an attack sparked by false social media messages on the claim of kidnapping children in India. A man was lynched yesterday in Rajasthan’s Alwar on the suspicion of cow smuggling. These incidents highlight a wide spectrum of an apparently simple term but they must be questioned, investigated and addressed through a consensus.

The psychology being a scientific realm may help us understand a deep-rooted social violence. Among many theories, socialisation theories of crime stand strong in socially engaged communities like India’s suburban and rural areas. Learning theories such as classical conditioning, operant conditioning and observational learning tell us how a mob mentality functions. Social theories ascertain that criminal behaviour is a learned behaviour and people learn criminal activity from close others, such as family, peers, or co-workers. Criminologist Edwin Sutherland’s differential association theory explains how criminal values could be culturally transmitted to individuals from their significant others.

It is evident that cow vigilantism is not a result of natural tendency. This bears affiliation with a religious vendetta and is strongly backed by Sutherland’s theory. ‘Monkey see, monkey do’- a famous American saying can easily be related with recent episodes of mob violence on suspicions of kidnapping, supported by observational learning theory. Trained and paid rioters supplied with arms and ammunition, have attacked innocents in past. Gujarat 2002 pogrom marks operant conditioning, the third kind of learning theory. This context is very close to the Skinner Box experiment, which was developed by American psychologist B.F Skinner, in which he trained rats to press levers in order to get to their food.

As far as lynching fuelled by religious vendetta has been studied, it is found to be associated with a social facet. Recently, #TalkToAMuslim hashtag has emerged as a patronising action to fight the rising Islamophobia in India. This not only accentuated the rising gap between two major religions and certainly threatened Ganga-Jamuna tehzeeb of Hindu-Muslim fusion. The recent Netflix show ‘Sacred Games’ compared the Hindu-Muslim division with Atapi-Vatapi, characters related to Hindu mythology. The show outlines how a soft and tolerant element as religion can be used to create havoc.

Disturbed Areas Act in Gujarat has emerged as a tool to discriminate against Muslims. The law prevents an adherent of one religion from selling/buying a property to/from an adherent of another religion in areas notified under the Act. The rationale given by the state government was for protecting people from being forcibly evicted by members of other religions under the shade of this law. Against the rationale given by BJP government, Vishwa Hindu Parishad leader Pravin Togadia in a speech in 2014 at Bhavnagar, Gujarat, he had suggested spitting on a Muslim man and throwing tomatoes at him. This, while attending to a complaint reportedly about a Muslim man who had bought a property in a ‘Hindu area.’

Evoking the Disturbed Area Act in his speech, Togadia had stated, “This is a long-time conspiracy that Muslims have been executing in cities and villages of India. How can we stop this? There are two ways – one, to impose Disturbed Areas Act everywhere, two – consult a lawyer, barge into a house, occupy it forcefully and hang the board of Bajrang Dal. We can handle a case later.” His audience had cheered his hatred against Muslims. The chasm created between young generations of two communities is starkly evident in Gujarat. If this difference and distance between the two groups remain, the hate is not going anywhere anytime soon.

In addition to the psychological and social aspects of the turmoil, the educational conscience of a criminal also constitutes the loop. The value-based education is mostly inexistent in India’s education system. The Continuous and Comprehensive Evaluation (CCE) pattern brought by previous governments to develop cultural and social values among students and to extirpate the evolving ill mentality, was abolished by the BJP government. So, what else could be a methodology as an educational intervention to curb the growing hatred among young Indians if it not CCE? The current government fails to bring new educational framework tackling these unavoidable subjects of concern.

I wouldn’t add that the incumbent political party and its sympathisers are basic reasons behind mob savagery but irony too felt anxiety when union minister Jayant Sinha garlanded mob lynching convicts adding that he was ‘honouring the law.’ On the same day of SC’s directive on lynching, Swami Agnivesh was marginally saved from being lynched by members and sympathisers of the same party which was directed to take concrete steps on the same mob violence.

Following this, Ramchandra Guha tweeted:

Swami Agnivesh is known for his work to emancipate bonded labour, and for the promotion of inter-faith harmony. He also has a sense of fun, with a joyous laugh. A Hindu monk of courage, compassion, and humour; so naturally he must be beaten up in Modi’s India.

The criminal milieu and its foster care in India lug the political overtone. Political interference in enforcement bodies remains unavoidable in a big democracy like ours. The growing ill-educated pool in our country despite being literate alerts us, and there is no complete solution to heinous crimes like mob lynching unless inclusive efforts are invested.

[Author is a research scholar at The Maharaja Sayajirao University of Baroda. He serves as an Editor to Academia.edu & WikiProject.]

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How Post Card News spread lies about Indira Gandhi and Shantiniketan

Wed, 27 Jun 2018 10:45:31 +0000

Letters exchanged between Jawaharlal Nehru and Rabindranath Tagore remember Indira and her work at Shantiniketan

The act of conspiracy and lust for power coupled together can spell a disaster for the minimum balance in a developing democracy like ours. A conspiracy theory is not only funny, it sometimes proves to be dangerous, it may invite hate, sometimes violence and can also catalyse heinous genocide. Several incidents of rioting and recent lynching of minorities in the suspicion of beef eating, catapult a sense of fear among conscious citizens. It becomes important for us, being conscious citizens of our nation, to hunt the conspiracy theory and expose the strings of hate before they dismantle us.

One among many is the Indira-Shantiniketan conspiracy theory. We, as constituents of internet-driven world village, are hugely dependent on the internet for fact-finding. Our search engine optimization is a good tool and we prefer not to slide down the first page of search engine results as the search metric may not be wrong and we usually tend to think so. Driven by curiosity, I took the help of Google and preferably surfed for ‘Indira Gandhi Shantiniketan’ and what it led me to was utterly shocking. A Quora question and several answers to it, several views and several upvotes to the apparent conspiracy theories. Then, I visited answers’ profile and none appeared fake, but yes, they were strongly misinformed. Their references to the conspiracy theory were echoing it all. One among several others was a pro-Khalistani blog ‘Indira Gandhi and The Shameless Nehru Dynasty.’ It has many stubs, one headline counted ‘Indira Priyadarshini perpetuated immorality in the Nehru dynasty.’ Several social media shares made it quite evident that it was a conspiracy theory triggered by bias.

But accused is not convicted unless proof uncovers the crime. Situated in the cultural capital of Gujarat state is Smt. Hansa Mehta Library which has an immense access to preserved books, manuscripts and data, some banned even. I accessed the original print of ‘A Bunch of Old Letters: Being Mostly Written to Jawaharlal Nehru and Some Written by Him,’ published in 1958 by Jawaharlal Nehru himself. To my surprise, index contained several references to the letters written by Rabindranath Tagore to Jawaharlal Nehru.

Here are some relevant to the context:

In a letter dated April 20, 1935, Gurudev writes to Pt. Nehru from Uttarayan, Shantiniketan, Bengal.
—–•——-•—–
[Nehru’s introduction to the letter: Owing to the rapid deterioration in my wife’s health, it was decided to send her to Europe for treatment. I was then in Almora Jail and I continued to remain there, though I was allowed out for a day to visit Bhawali Sanatorium to bid her good-bye. My daughter, Indira, who was at Santiniketan, accompanied her mother to Europe.]

My dear Jawaharlal,
It is with a heavy heart we bade farewell to Indira, for she was such an asset in our place. I have watched her very closely and have felt admiration for the way you have brought her up. Her teachers, all in one voice, praise her and I know she is extremely popular with the students. I only hope things will turn for the better and she will soon return here and get back to her studies. I could hardly tell you how sad I feel when I think of your wife’s sufferings-but I am sure, the sea voyage and the treatment in Europe will do her immense good and she would be her old self again before long. With my affectionate blessings,
Yours,
– Rabindranath Tagore

In another letter dated October 9, 1935, he recounts,
—–•——-•—–
My dear Jawaharlal,
We have anxiously been following in the daily papers the news of your wife’s illness watching for some favourable signs of improvement. I earnestly hope that the amazing strength of mind which she has shown through all the vicissitudes of her life will help her. Please convey to her my kindest wishes.

Every winter Visvabharati rudely reminds me of the scantiness of her means, for that is the season when I have to stir myself to go out for gathering funds. It is a hateful trial for me-this begging business either in the guise of entertaining people or appealing to the generosity of those who are by no means generous. I try to exult in a sense of martyrdom accepting the thorny crown of humiliation and futility without complaining. Should I not keep in mind for my consolation what you are going through yourself for the cause which is dearer to you than your life and your personal freedom? But the question which often troubles my mind is whether it is worth my while to exhaust my energy laboriously picking up minute crumbs of favour from the tables of parsimonious patron~ or keep my mind fresh by remaining aloof from the indignity of storing up disappointments. But this possibly is my excuse for shirking unpleasantness. I have asked Mahatmaji for lending me his voice which he has kindly consented to. Of course, his influence is likely to meet with a greater success than I can ever hope to attain. I must not forget to tell you that Sir Tej Bahadur also has promised to support me.

Kindly remember me to dear Indira. I hope some day or other she will find an opportunity to revisit our ashram and revise her memory of those few months which she had spent here making us happy.
With love,
Yours,
– Rabindranath Tagore

Again, in a letter dated December 21, 1936, Indira Gandhi finds mentions,
——•——-•——
My dear Jawaharlal,
I am indeed deeply touched by Indira’s affectionate reference to me in her letter. She is a charming child who has left behind a very pleasant memory in the minds of her teachers and fellow students. She has your strength of character as well as your ideas and I am not surprised she finds herself rather alien to the complacent English society. When you write to her next, kindly give her my blessings. We are in the midst of our anniversary celebrations and, I am afraid, the crowd and the activity mean now a great strain on my physical resources. But I wisely refrain from comparing my lot with that of yours !! With affectionate blessings,
Yours sincerely,
– Rabindranath Tagore

These mentions completely uproot the foundations of misinformation and an evolving conspiracy theory. There existed some loopholes in the career of former prime minister Indira Gandhi, that could be the declaration of Emergency or something else, but to my best view, this is certainly not the one.

Postcard News, a known mouthpiece of right-wing ideology, published an article on Indira Gandhi: ‘My 12 years of sex life with Indira Gandhi came to an end after I saw her with another man behind the curtain: M.O Mathai.’ It earned more than a hundred thousand shares on social media. Recently, Bengaluru police booked co-founder of Postcard News for spreading false information against a Jain monk. Mahesh Hegde, currently out on bail, continues to peddle the ‘fake news.’
The question is why? Why are we so blind? Or, are we preferably neutrally biased?

An answer to this can easily be constructed on the principle of a coin toss where probability to cash a favourable outcome remains totally dependent on the fact whether the event is fairly unbiased or not. Else, the agenda remains constant. The probability of unfavourable outcome undeniably remains one.

Author is a research scholar at The Maharaja Sayajirao University of Baroda and serves as an editor to Academia.edu. He writes on Indian polity and jurisprudence

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There is a distinction between grievous intent to insult and freedom of expression

Thu, 14 Jun 2018 10:14:51 +0000

Our apex has ruled that there must be tolerance towards unpopular utterance but it also marked a line between obscenity and freedom of expression. We shouldn’t forget while practising our ultimate constitutional rights that our constitution also expects us to perform some minimum duties to maintain social integrity.

There exists a wide gap between a pure free speech and an offensive statement. What may sound as a practice of free speech to the perpetrators may prove mischief for the victims, in judicial terms. As Tufail Ahmed has highlighted his concerns in this opinion piece, I think, that was more about his emotions than pragmatic legalities. I will recollect a personal account before anyone takes this opinion on face value.

Last year in November, I wrote a Facebook post targeting a community for their collective cry on a movie. Triggered by the post, thirty members of a fringe group entered my hostel room and tried thrashing me. Police intervention in the case saved me, otherwise, I might have been chopped into pieces, period. A momentary thought came into my mind that I practised my constitutional right, then what was the problem in that? I was wrong. I came to know the reason when I started studying and exploring the laws. I also thought that abolishing the treacherous 66A of IT ACT could help me, but no, that was a misconception. Thanks to mediators who led us to a compromise as I filed intimidation charges against them and they too wanted to file a case against for my blasphemous post.

Aligarh Muslim University is again in the lap of controversy because its Muslim students who made a post on Facebook intended to hurt the sentiments of the Muslim community. They are guided by a non-Muslim right winger who has his own religious and political biases. 295-A of IPC and IT 67 have been registered by Aligarh Police against all five accused. AMU’s Cultural Education Centre(CEC) has put a life term ban on students and students’ union is demanding for strict action. Accused have now been calling and apologizing for hurting sentiments. Against their apology, the solidarity for accused is growing on social media where I don’t find any guilt or remorse. The apology appears just a trick for withdrawing the complaint and not a heartfelt expression.

Some are calling it a psuedo-liberal intolerant practice of the Muslim community that led to the FIR, and some support the accused claiming freedom of speech. I would like to differ here as the constitutional boundary of freedom doesn’t allow to do so. If our constitution has provided immense rights, then it also expects us to follow some inescapable duties.

Lawyer Gautam Bhatia discusses 295A in this article, with reference to the Ramji Lal Modi v State of UP, where a five-judge bench of the Supreme Court upheld the constitutionality of 295A. Bhatia argues that, if the Supreme Court were to change its mind, it would need a bench of at least seven judges to overrule Ramji Lal Modi, and strike down the law. Procedurally, this would require the challengers to 295A to first convince a two-judge bench (before which any petition originally goes) that there are sufficient reasons for doubting the correctness of Ramji Lal Modi. If convinced, this two-judge bench would need to refer the question to a five-judge bench which, in turn (if convinced), would have to refer it to a seven-judge bench, which would finally hear the case on merits.

In Ramji Lal Modi, the court held that Section 295A was constitutionally valid since, in accordance with Article 19(2) of the constitution, it was a ‘reasonable restriction’ upon the freedom of speech, ‘in the interests of public order.’ The core of the court’s reasoning was that the phrase ‘in the interests of,’ as required by Article 19(2), was of very wide ambit, and allowed the state to make a variety of laws that bore some relation to maintaining public order. The court held that:
“[Section 295A] only punishes the aggravated form of insult to religion when it is perpetrated with the deliberate and malicious intention of outraging the religious feelings of that class. The calculated tendency of this aggravated form of insult is clearly to disrupt the public order and the section, which penalises such activities, is well within the protection of clause (2) of Art. 19 as being a law imposing reasonable restrictions on the exercise of the right to freedom of speech and expression guaranteed by Art. 19(1)(a).”

Thus, for now, 295A remains in its pure form. And incidents like mine or the recent Facebook post by AMU students may lead to slander or criminal libel charges. The differences between freedom of expression and obscenity have been well defined by Justice Kaul in MF Husain case, on which I recently wrote a piece. In another piece, I studied the important judgments delivered by Justice Sanjay Kaul which, for sure, upheld the constitutional freedom. But Justice Kaul well highlighted the strict line existing between expression and slander; hence, even abolishment of 66A can’t save perpetrators.

Even without 66A of IT, and 295A of IPC, there are several other sections which stand in their pure forms and can be used by enforcement officers.

Section 153A in The Indian Penal Code

157 [153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.—

(1) Whoever—
(a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or
(b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity, 2[or] 2[(c) organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community,] shall be punished with imprisonment which may extend to three years, or with fine, or with both. Offence committed in place of worship, etc.—(2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.]

Section 505 in The Indian Penal Code

1[505. Statements conducing to public mischief.—2[

(1) ] Whoever makes, publishes or circulates any statement, rumour or report,—
(a) with intent to cause, or which is likely to cause, any officer, soldier, 3[sailor or airman] in the Army, 4[Navy or Air Force] 5[of India] to mutiny or otherwise disregard or fail in his duty as such; or
(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility; or
(c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community, shall be punished with imprisonment which may extend to 6[three years], or with fine, or with both. 7[(2) Statements creating or promoting enmity, hatred or ill-will between classes.—Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both.

(3) Offence under sub-section (2) committed in place of worship, etc.—Whoever commits an offence specified in sub-section (2) in any place of worship or in an assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.]

(Exception) —It does not amount to an offence, within the meaning of this section when the person making, publishing or circulating any such statement, rumour or report, has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it 8[in good faith and] without any such intent as aforesaid.]

Further extension of brutal defamation law, i.e. Section 500, IPC to a religious community, may attract punishment up to two years with fine.

But why such upsurge? I am also not a believer constrained by any religious sentiments but over a period of time, I have learned how to be pragmatic and actually practise constitutional freedom.

So, coming to a counter question, I have to add that why do people even have to directly toss statements against any religion? If they really believe that something is wrong, there is an open gateway in the Indian democracy. As Triple Talaq was debated, I read several Op-Eds and even those asking for the abolishment of this against Islamic customs that had balanced insight. That tone was for change and certainly not for harming/hurting the sentiments. So, it is time to understand the concerns and have a conscience instead of mocking someone’s beliefs.

The Author is a research scholar at The Maharaja Sayajirao University of Baroda and serves as an Editor to Academia.edu and WikiProjects.

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Recounting MF Husain’s court ordeals on his death anniversary

Tue, 12 Jun 2018 04:27:34 +0000

On his death anniversary, we recount some unheard court moments on his most objectionable ‘Naked Painting,’ branded by Hindutva fundamentalists as ‘Bharat Mata,’ that resulted into the most cited ruling on the expression of art.

The controversial artist is the one who touches exceptions and portrays the theme in its natural way. This has also been a social perception towards art maestros of modern civilization. The Picasso of India was also the only MF Husain of India, his paintings being best blends of cubism and Indian styles. It is now seven years since his passing on June 9, 2011.

On his death anniversary, we recount some unheard court moments on his most objectionable ‘Naked Painting,’ branded by Hindutva fundamentalists as ‘Bharat Mata,’ that resulted into the most cited ruling on the expression of art which included the right to paint in Article 19 of the Indian Constitution as it is the painter’s method to express his opinion and to entertain the fundamental right given by founding fathers of nation, in addition to segregating ‘Nudity’ from the ‘Obscenity.’

Earlier in the case of Sakal Papers (P) Ltd. v. Union of India, Mudholkar, J. said:
This Court must be ever vigilant in guarding perhaps the most precious of all the freedoms guaranteed by our Constitution, The reason for this is obvious. The freedom of speech and expression of opinion is of paramount importance under a democratic Constitution which envisages changes in the composition of legislatures and governments and must be preserved.

Court orders as suchto protect the fundamental rights of Indian citizens have for sure enriched our democracy and made it a vibrant one. But developments on such peripheries are observed when exceptions are exempted and law-abiding citizens are strained by the rigid social cult. For instance, in 2007, the infamous ‘Obscenity row’ thrilled Vadodara resulting in charges on artist Srilamanthula Chandramohan for drawing nude paintings of Jesus and Durga. Chandramohan, a final year postgraduate student at Faculty of Fine Arts, MSU Baroda was also denied his degree against the right of artistic expression.

This was one chapter on legal suits against an artist and followed by many such prejudices in his career, a humiliated MF Husain was forced to knock the door of Delhi High Court at the age of 92, three years before he died in exile.

In the landmark judgement of Delhi High Court in the favour of maestro Husain, delivered on May 8, 2008, Justice Sanjay Kishan Kaul read the order by quoting Picasso:
Art is never chaste. It ought to be forbidden to ignorant innocents, never allowed into contact with those not sufficiently prepared. Yes, art is dangerous. Where it is chaste, it is not art.

The judgement further read:
•Art, to every artist, is a vehicle for personal expression. An aesthetic work of art has the vigour to connect to an individual sensory, emotionally, mentally and spiritually. With a 5000-year-old culture, Indian Art has been rich in its tapestry of ancient heritage right from the medieval times to the contemporary art adorned today with each painting having a story to narrate.

•Ancient Indian art has been never devoid of eroticism where sex worship and graphical representation of the union between man and woman has been a recurring feature.1 The sculpture on the earliest temples of ‘Mithuna’ image or the erotic couple in Bhubeneshwar, Konarak and Puri in Orissa (150-1250 AD); Khajuraho in Madhya Pradesh (900-1050 AD); Limbojimata temple at Delmel, Mehsana (10th Century AD); Kupgallu Hill, Bellary, Madras; and Nilkantha temple at Sunak near Baroda to name a few. These and many other figures are taken as cult figures in which rituals related to Kanya and Kumari worship for progeny gained deep roots in early century A.D. Even the very concept of ‘Lingam’ of the God Shiva resting in the centre of the Yoni, is in a way representative of the act of creation, the union of Prakriti and Purusha. The ultimate essence of a work of ancient Indian erotic art has been religious in character and can be enunciated as a state of heightened delight or ananda, the kind of bliss that can be experienced only by the spirit.

Justice Kaul agreed that the art is coming of an age and India having embraced different eras and civilizations gives her a colour of mystery and transformation into her glorious past adapting various cultures and art forms. The murals and miniatures from the Mughal period also depicted mating couples and it has been the beauty of our land.

Art and authority have never had a difficult relationship until recently. In fact, art and artists used to be patronized by various kings and the elite class. Unfortunately, the works of many artists today who have tried to play around with nudity have come faced severe scrutiny and rejection. Justice Kaul also in his 2016 judgement on Prof. Murugan noted that drawing a conclusion by handpicking things to suit personal objectives of hypersensitivity is the injustice to the heart of the theme with which an artist sketches the nuances. The aim of the judiciary has been to arrive at a decision that would protect the “quality of life” without making “closed mind” a principal feature of an open society or an unwilling recipient of information the arbiter to veto or restrict freedom of speech and expression.
Shashi Tharoor also welcomed the verdict, he noted:
The landmark judgement on a number of petitions submitted by the great Indian painter Maqbool Fida (MF) Husain, not only ensures that justice has been done to an authentic national icon, but contains observations that are both refreshing and true about the role of art in our society which I hope will guide our national discourse on this vexed subject in the future.

The judgement not only provided justice to MF Husain but also set a legal line in defence of art to fall under 292 of Indian Penal Code(IPC,) 1860 which will keep benefitting artists against socio-political vendettas. The court order remarkably differentiates how nudity can’t be obscene, it reads:

•MF Husain’s creativity in the painting is evident from the manner in which he by way of a tear and ruffled, unkempt, open hair of the woman tried to portray the sad and the dispirited face of our nation who seems to have suffered a great deal of anguish and agony. A woman’s sorrow has been described by the way the woman is lying with her eyes closed, with one arm raised on her face and a tear dropping from the eye. The object of painting the woman in nude is also part of the same expression and is obviously not to stimulate the viewer’s prurience but instead to shake up the very conscious of the viewer and to invoke in him, empathy for India and abhorrence for the culprits. The person who may view the painting is likely to react in tears, silence or analogous to the same but no way near the feelings of lust. There can be many interpretations of the painting. One of the interpretations to it can be to show the disconsolate India which is entangled in various problems like corruption, criminalisation, the crisis of leadership, unemployment, poverty, overpopulation, low standard of living, fading values and ethics etc. The other can be that Bharat Mata is perhaps just used as a metaphor for being so bereft because of the earthquake which occurred around the time when this painting was made. Other than this, the bold use of colour and the depiction of the great range of Himalayas by way of the hair flowing of the women restore the artistic touch in the painting.

•An attempt to understand the said painting from the artist’perspective would show how the painter by way of an abstract expression has tried to elucidate the concept of a nation in the form of a distressed woman. No doubt, the concept of a nation has had a long association with the idea of motherhood but just because the artist has expressed it in nude does not make the painting obscene per se thereby satisfying the test that nudity or sex alone cannot be said to be obscene. If the painting is looked as a whole, it would reveal that the revulsion referred to by learned Counsel for the respondents of patriotic nationals would not arise for the reason that except the fact that it is in nude, there is nothing which can be considered as pinching to the eye. As a matter of fact, the aesthetic touch to the painting dwarfs the so-called obscenity in the form of nudity and renders it so picayune and insignificant that the nudity in the painting can easily be overlooked.

It has been a decade since this judgement came into inception but its vocalism can still be felt on an artist’s paintbrush who feels protected by law to serve his duty to his brethren and his nation at his best. In a large democracy like ours, it is impossible to fill everyone’s cup with sheer satisfaction, so there is a law to protect everyone’s right to opine within large boundaries of constitutional righteousness. But there are few who come forward to practise their rights without any fear. Undeniably, MF Husain was one of them. The significant judgment is regularly cited in the favour of artists and their artistic expressions and it can be credited to MF Husain whose horses like Alice Munro’s Clara have covered meadows, trenches and hidden catacombs and have raised an invincible cadre of jockeys who ride on these horses to bring justice and beauty towards art practices.

Edward Hopper once said, “Great art is the outward expression of an inner life in the artist.” Husain was a liberated soul who not only understood the ultimate sense of art but also the essence of human rights. He was charismatic and an immortal artist. Such artists have prolific voices that never go silent. They echo and generate ripples for generations to come.

“I only give expression to the instincts from my soul. They can put me in a jungle, still, I can create”

-Maqbool Fida Husain( 1915 – 2011)

The Author is a research scholar at The MS University of Baroda and serves as an editor to Academia.edu and WikiProjects.

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