Comment Richard Schechner with Katherine Lieder

Shame on Syracuse University Press Comment Richard Schechner with Katherine Lieder

In March 2010 Syracuse University Press (SUP) published Lahore with Love: Growing Up with Girlfriends, Pakistani-Style by TDR Contributing Editor Fawzia Afzal-Khan. The book is a melange of memoir, drama, and fiction — all of it concerning Afzal-Khan’s growing up, working in, leaving, and then returning to Pakistan. Lahore with Love is scathing, moving, humorous, and political: a feminist-activist-performer’s take on her native land. Upon publication, the book received excellent reviews and positive readers’ responses (see boxes for a few examples). Lahore with Love seemed poised to become both a critical and popular success. But then the shit hit the fan. One of the targets of Afzal-Khan’s satire was a figure she dubbed “Madina.” The real-life Madeeha Gauhar — the artistic director of Lahore’s very important activist Ajoka Theatre — claimed that Madina was a thinly veiled representation of her. Gauhar threatened to sue Afzal- Khan and SUP. With no apparent investigation and no consultation with Afzal-Khan, the Press with unseemly haste exercised its “termination of contract” clause and withdrew the book from sale. Apparently frightened by the cost of legal action, SUP tucked its tail between its legs and ran away. I ask: Was the Press right in exercising its legal option? Read selections from the core documents TDR has gathered and make up your own mind. What of Gauhar’s claim? What of SUP’s almost instant collapse? Ought SUP have stood with its author? And once Afzal-Khan’s lawyer in Pakistan obtained from the courts a stay preventing Gauhar from suing, why didn’t SUP resume selling Lahore with Love? In a time when tenure is melting away as fast as the polar ice cap, a time when universities are corporatizing and slashing budgets, isn’t this cave-in of a university press one more sign of the erosion of humanist academia?

From SUP’s Contract with Afzal-Khan 12 November 2008 2. [...] The Author makes the following representations and warranties: [...] the Work contains no matter that is libelous, obscene, or slanderous, is in the violation of any right of privacy or publicity, or is otherwise contrary to law. [...] 16. Termination of contract. [...] The Publisher shall have the right to terminate this agreement immediately upon writ- ten notice to the Author if: in the Publisher’s reasonable opinion there appears to be substantial risk, if the work is published, of (a) liability to third persons, (b) governmental action against the Work, or (c) financial loss to the Publisher. [...]

From Shazil Ibrahim, Madeeha Gauhar’s Lawyer 23 April 2010 [...] Mrs. Gauhar is a well known and highly respected public figure. She has been active in promoting social change in Pakistan, particularly through the medium of theater. [...] My client is therefore shocked to read an entirely false, fabricated, defamatory, scandalous, mali-

cious, and utterly disrespectfully depiction of her and her family in the book titled “Lahore with Comment Love” authored by Fawzia Afzal-Khan (“Author”) and published by Syracuse University Press (“Publisher”) [...]. Although the book does not name our client (referring to her as ‘Madina’,

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8 Comment cal public apology must be issued by the Author and the Publisher for defaming my client [...].client my defaming for Publisher the the and by Author issued be must apology public cal her,a.by that: suffered categori- requires damage behalf the this of in restitution and demand to entitled therefore is damage.client the My exacerbated Pakistan, only in world,has just not the throughout online available also is and publicity wide given been has book the that fact The denied.be hardly can book the of dissemination and publication the of account on damage ible irrevers- suffered sustainable. has therefore client [...] is it. my justification publish That No to internationally) and Pakistan in recognized fully (as privacy to right client’s my of invasion clear to amount case),would the it from far is (which accurate was account the if even that ing not- worth facts.is verify It to bothering even without non-sense such publish and ahead go rights,legal her of violation would,sheer publisher in reputable a that appalled Mrs.is Gauhar adulteress”husband-murdering chapter.etc.the the as throughout performance “Mad’s [...] woman”,as a bitch”,expression not “bloody disgraceful whore such a “madwoman”,are “you using Mrs.repeatedly humiliate Gauhar; and disgrace to unturned stone no left the has Author her.that to say dear to and incorrect near be those not fact,and would In client it my to ety ety,intent,caused,anxi- embarrassment,deliberate also and needless with have distress and soci- the of people thinking right the of eyes the in her lowered have family her and client my family.her Mrs.and of Gauhar fabricated) and to false book ever the in [...] references The her,(how- of depiction know a titled remotely is chapter even ‘Mad/medea’ entire who the that those book,all the ‘Maddy’,including reading anyone to obvious is ‘Mad/medea’),it however 2, 2:44–47. www.pakistaniaat.org/issue/view/368/showToc2:44–47. 2, Studies Pakistan of Journal Afzal-Khan’sFawzia of Review 2010. Swaralipi. Nandi, identity...”of performances (144). roles, many so into fractured quest self Afzal-Khan’s on musings with ends it as genre its of characteristic becomes finally memoir The it. to connected feels country, her nevertheless of but flaws the reproach and through see can who woman a by commentary a like reads memoir the Instead, spiteful. devastatingly becomes never voice Afzal-Khan’s tone, her tenor.in enjoyable critical and and pleasant revelatory a Though memoir the giving commentaries, political her of sarcasm mild the in as well as parodies playful humor,the its in in shape refreshing takes humor.also which is memoir The [...] through risible it render to or discourse such of logic the dismantle either to memoir her in space substantial a devoting Pakistan, in fundamentalism religious of prominence gradual the against discussion a in engages passionately Afzal-Khan activism. her in promotes also Afzal-Khan which performances, theatre alternative her through Pakistan in issues women’s addressing activist an is ways, eccentric her of spite in who, Madina, is ideologically to relates she friend only The [...] fundamentalism. religious encouraging for and critics, his eliminating for wealth, personal amassing for him indicts candidly also she politics, socialist Bhutto’s Ali Zulfikar for predilection her expresses emphatically she while judgment: However,clear-sightedher (19). and in India” forthright of is side she other the on brethren our raping killing, looting, in army Pakistani the of role dastardly the acknowledge Westwould we, Pakistanis before decades be would “it asserting: war,civil the during Bangladesh) (now Pakistan East of people the to done atrocities the condemns and invokes fearlessly she Pakistanis, most for topic uneasy An conservatism. religious to downslide gradual its and Pakistan of side fundamentalist the exposes critically Afzal-Khan as memoir the in personal the overwhelms political The [...] feminist. female overwhelmingly is which lens a through history Pakistan’s country.the of face changing the in womanhood to girlhood of passages the traverse they as women Pakistani of plights story,sundry life the diverse portray equally an and personality distinct a with each girlfriends, Her fundamentalism. Islamic to colonialism of vestiges the from transitioning country independent newly a in up growing her of phase each scrutinizing critically poet-writer-activist,a of position present her from Pakistan in life her at back looks She From “Review,From Afzal-Khan’sFawzia is a grand narrative on fifty years of years fifty on narrative grand a is Love With Lahore Swaralipi Nandi Swaralipi — “the ever-multiplying fissures of a selfhood a ever-multiplying of “the fissures Lahore With Love. Pakistaniaat: A Pakistaniaat: Love. With Lahore Lahore with Love” with Lahore — both feminine and feminine both Comment 9 i Lahore Lahore reading allegations which however is pre- — and adhering to the terms of the — reading the chapter and making an inde- which, it may she despite which, be has noted, not, — — that case, initiated that like case, the letter from and within — million on damage account and loss, distress suffered by her

You need to know that I have hired Adv. Choudhury Hamid Mahmood, former Vice Pres Vice Choudhury former Hamid Mahmood, need to know that I Adv. have hired You did not investigate these frivolous allegations by as my publisher, The fact that you, I find it very upsetting that you, my publisher, have beenI sofind intimidated it by very the upsetting my threat that publisher, of you, a removing a Furthermore, book from circulation because of highly questionable mised on the assumption that the above two demands shall also be met; failing which the - dam are required ages through to this be legal claimed by my client shall You be US$ [...] 2 million. notice to confirm that the aforesaid shall be carried Failing or out such if [...]. confirmation, the aforesaid legitimate demands are I not have met, instructions from my client to initiate - appro priate civil and criminal proceedings against Author both and the the Publisher [...]. constitutes a grievous infringement of freedom which of is speech, highly protected in the Freedom United of States. speech The can recent and bill which must HR be 2765, defended. was overwhelmingly passed by both houses of Congress and will in all likelihood be signed into law by clearly the states President, that frivolous lawsuits initiated in foreign countries authors and publishers would against be U.S. thrown out of court as they contradict our First Amendment rights. to dent obtain of Association, a Lahore stay Bar order in Pakistan against the Legal Notice let- 2010 April against ter 23, Syracuse issued Press which and he myself, has assured me will be very easy due to to do, both the ridiculous nature of the letter Gauhar from and Ms. the provable and real damages I am sustaining by termination of the publication of [...] my book. From Afzal-Khan’s Letter to SUP Afzal-Khan’s From August 2010 6 I am writing in response to your in letter which of 2010, you June informed 24, me of Syracuse University Press’s decision to terminate the contract for the publication of my memoir, , due to with , a Love letter threatening from Madeeha a a Gauhar Pakistan, libel Ms. of Lahore, lawsuit against the press [...] and I me. continue to unequivocally reject the preposterous claim Madeeha by Gauhar Ms. that she has in any way been harmed either in reputation or financially by the publication of Her my claims book. (1) that the character of Madina in Chapter 4 of my book is based on her and (2) that the portrayal is offensive and damaging to her reputation are both indefensible [...] and unprovable. instead lawsuit of that, doing proper due diligence you have contract, chosen to abandon [...] my Does book. a legal notice from Pakistan consti- based on legalto consul- “substantial the “financialrisk” publisher loss”?tute of My answer, if tations with According competent to counsel is Pakistani in a law, Pakistan, resounding no. Gauhar decides Ms. to pursue her frivolous case her threat to do so over three months ago Nor could has Syracuse no or Pakistan, jurisdiction over publisher a and U.S.-based author. any other press in with the no USA, offices or presence be in forced Pakistan, to defend itself against any such case there. b. the book b. must be recalled with immediate effect and no further dissemination/distribution of the defamatory material must be carried my out; client c. must be paid damages in the amount of US$ pendent assessment of the worth Gauhar’s of claim Ms. the chapter yourself makes it even worse. At this point it is I who, as a direct result of your At this point it is I who, the chapter yourself makes it even worse. Removing Gauhar. not Ms. provable damages, have suffered refusal to honor our contract, as several faculty who had my book from the market has resulted in lost sales and readership, Waseem Masood, Raja Prof from letters attached (see courses their in book the adopt to planned has had to decline a Times Washington The and Jody Listberger) can no longer do so. Anwar, This is a very seri- was commissioned to write. Margot Badran review of the book that Prof. as a review in such a prestigious newspaper would undoubtedly have ous blow to my career, Downloaded from http://www.mitpressjournals.org/doi/pdf/10.1162/DRAM_e_00044 by guest on 29 September 2021 Downloaded from http://www.mitpressjournals.org/doi/pdf/10.1162/DRAM_e_00044 by guest on 29September 2021

10 Comment threat of litigation does to you/the Press? Are you not interested in the facts of the case; justice; case; the of facts the in interested not you Press? Are you/the to does litigation of threat pre-emptorily. the book what Professor Afzal-Khan’s this withdrawing Is fled: and legs your Ms. not or whether into investigation thorough a less.”conduct know,not I did best Press As you/the ground- totally frivolous,but just not thus are accusations Ms.Gauhar’s that reveal will 4 Chapter of reading cursory a that “Even Professor Afzal-Khan with agree that.I than more not is opinion.her,It her is is 4 that Chapter in character the thinks she named.If not is Ms. Gauhar that note to decisive is about. It all is fiction what of part persons.is actual That resemble may who persons of portraits fictional ironic scathing of full is day own our to Swift to literature,from Aristophanes of history the that know also target.I on 100% explanation her scholars.and [...] academics both by received well been has book the that out were,find suppose,and to I book; happy her published not.or Professor authors manuscript; accepted its Afzal-Khan’s and all,by read After stand you action.an [...] such take would Press you/the involved,circumstances the all of investigation thorough a without that fact the by shocked was I attack; under authors its of one defend to refusing in Press the of cowardice apparent the by mildly memoir, Fawzia Press,pulling University Afzal-Khan’s were/was you/Syracuse that learned I When 16 2010 August Director,SyracuseUniversity Press FromRichardSchechner’sPfieffer,to Randall Letter Alice as soon as queries and concerns these to stop a put to benefit Press’ the to is it troubling,and indeed public.is reading This larger the by indeed and authors prospective by asked being predictable with circles academic and intellectual public in circulate to begun already has Gauhar Madeeha of demands and threats preposterous the into caving Press’s University Syracuse of word you.Some with contracts signing about twice think authors potential make certainly would circles,it literary and academic in widespread become to contract your of terms the for book.disrespect the rash Werein such much of so word invested already has it when me earnwriters’awards. cemented myreputationasamemoiristandwriterofnote, increasedsales, andpossiblyhelped possible. I have read Professor Afzal-Khan’s letter to you regarding the chapter in her book. I find book.I her in chapter the regarding you to letter Professor Afzal-Khan’s read have I will press university major a not or whether about is view of point my from question The publication stop to quick so be can Press University Syracuse how understand not do I 16:9–11. Afzal-Khan’sFawzia of Review 2010. Hazel. Rochman, intense. and wry is wordplay her and poet, Westernizedpublished decadent” a family.“bourgeois is She [...] her of criticism harsh equally her and minorities poor,religious the of of and women, of suppression extremists’ the at fury her story: the into history political country’s her and conflicts personal her weaves she Always, academic. an as now and student, graduate a as America to coming her through girlfriends, of circle tight her with 1980s the in family urban middle-class a in Pakistan in up growing Afzal-Khan’s from years, 30 over forth and back swings memoir,story usual coming-of-age your contemporary Not sharp, this —

Gauhar’s charges were founded or not.between or tail You/thefounded your were put charges simply Gauhar’s Press Lahore with Love: Growing Up with Girlfriends,with Up Pakistani-StyleGrowing Love: with Lahore shocked. I was shocked by your disrespect for freedom of expression; I was shocked was I expression; of freedom for disrespect your by shocked shocked.was I The Booklist Lahore With Love. With Lahore (2010), 106, Booklist The I was I — to put it put to questions Comment 11 Mandy Van Deven Mandy Van is the story of Afzal-Khan’s life through the lens of her From “Love Is a Battlefield” Lahore with Love: Growing Up with Girlfriends, Pakistani-Style Lahore with Love: Growing Pakistani-Style Up with Girlfriends, To Lahore With Love To . I do TDR. hope that I will have good news to tell: namely that you/the Press has [...]

October. http://womensrights.change.org/blog/view/love_is_a_battlefield October.

Although this is a bold statement to make, I will go ahead and make it: Fawzia Afzal-Khan is one of the most overlooked creative nonfictionwriters of our time. She has a linguistic gift that gives her prose a weight and depth that appear effortless yet is painstaking in its profundity. female friendships. It is also an emotional narrative of the growth of a fraught nation, and the intimate impact it has had on relationships teeming with both [...] love and tragedy. Consider Afzal-Khan’s writings when you read the news stories of Pakistani women who are literally fighting for their lives in the face of social, political, and economic hardships that are made more complicated and devastating by the recent floods. Let her paint you a picture of her girlfriends’ lives, and perhaps you will see a few familiar slivers in your own. 2010. “Love Deven, is Mandy. a Battlefield.” Rights, Change.org. Van Women’s 11 Afzal-Khan has gone to great lengths to see Gauhar’s that threat Mrs. of legal action has Shouldn’t SU Press show Afzal-Khan’s appreciation efforts for at removing the threat and By failing to honor SU this Press contract, is defiling Afzal-Khan’s not rights just but the Let me hear from you as soon as possible regarding this I important am issue. planning to 30 September 2010 Union [...] is Writers committed [...] to National protecting writers’ rights and to promoting ethical The business union practices has regarding a writers’ long work. and successful track record of negotiating on behalf [...] of writers. Afzal-Khan detailed been As in rendered her effectively e-mail 9 null of to and Sept. you, void. has seen Mahmood, to her it lawyer Ch. that in two Pakistan, stay-orders have been issued by the Lahore Civil Court Gauhar against declaring Mrs. her libel letter to SU Afzal- Press and [...] Khan illegal. support Amendment her rights First by publishing her book? Persisting in giving credibility to Guarhar’s threat Afzal-Khan’s Mrs. while right denying to have her book published strikes me and [...] downright cruel, hostile. as vindictive, as Standing ideals up of Amendment. for Amendment the the is First First not always easy, you are no though doubt it aware, should be in the case of a groundless lawsuit threatened in Union is surprised Writers that The SU National Press continues to deny a foreign country. Afzal-Khan’s rights given its affiliation with Syracuse University where the words of the First Amendment are etched on the windows of Newhouse Or Building are 3. those words merely platitudes that SU Press pays lip service to? From Susan E. Davis, National Contract Advisor of Advisor the National Contract Davis, Susan E. From Press Letter to University Union, Syracuse Writers National or freedom of expression? Do you/the Press not stand with your authors? Do you/the Press abandon your authors at the first whiff of trouble? It would And seem this so. is extremely distressing. will once more be part of your/the Press’s list. deal with it in changed your/its mind and that Downloaded from http://www.mitpressjournals.org/doi/pdf/10.1162/DRAM_e_00044 by guest on 29 September 2021 Downloaded from http://www.mitpressjournals.org/doi/pdf/10.1162/DRAM_e_00044 by guest on 29September 2021

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