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INDIA LEGALSTORIES THAT COUNT BETTERVERDICT 2014 DAYS ARE HERE AGAIN ARE THEY?

DEMISE OF VOTE BANKS? WHY MUSLIMS ARE NOT SCARED HOPE vs HYPE MODINAMA: BIOGRAPHIES AND COMICS HONEYMOON PERIOD: NO IFs AND BUTs GANGES CATCHES FIRE POLITICO-TOONS MAY 31, 2014

VOLUME. VII ISSUE. 18

Editor-in-Chief Inderjit Badhwar LEAD / THE NATION / MANDATE 2014 Managing Editor Ramesh Menon Executive Editor Start of an era Alam Srinivas Taking Varanasi as the metaphor, INDERJIT BADHWAR delivers a Senior Editor firsthand account of how the ancient city represented the country’s 4 Vishwas Kumar Contributing Editors need for change, and made it possible Naresh Minocha, Girish Nikam Associate Editor Meha Mathur Deputy Editors Prabir Biswas, Vishal Duggal Deputy Art Director Anthony Lawrence Graphic Designer Lalit Khitoliya Photographer Anil Shakya News Coordinator Kh Manglembi Devi Production Pawan Kumar Verma

CFO Anand Raj Singh VP (HR & General Administration) Lokesh C Sharma

Director (Marketing) Raju Sarin GM (Sales & Marketing) Naveen Tandon-09717121002 No longer a political bogeyman DGM (Sales & Marketing) Feroz Akhtar-09650052100 Modi’s election campaign was far less divisive than feared. 14 Marketing Associate INDERJIT BADHWAR contends that the new PM can bring about a Ggarima Rai fundamental shift in the way the state treats its citizens, including minorities For advertising & subscription queries [email protected] A tectonic change Published by Raju Sarin on behalf of E N Communications Pvt Ltd and printed at This election transformed the nation’s political trajectory like never before, CIRRUS GRAPHICSPvt Ltd., B-61, Sector-67, Noida. (UP)- 201 301 () making old paradigms redundant. While Modi achieved the unimaginable, 20 All rights reserved. Reproduction or translation in any language in whole or in part without permis- sion is prohibited. Requests for permission should be directed to E N Communications Pvt Ltd . GIRISH NIKAM says that the mandate gives him the power to usher in Opinions of writers in the magazine are not necessarily endorsed by E N Communications Pvt Ltd . pathbreaking and long term changes on several fronts The Publisher assumes no responsibility for the return of unsolicited material or for material lost or damaged in transit. All correspondence should be addressed to E N Communications Pvt Ltd . Back to basics OWNED BY E. N. COMMUNICATIONS PVT. LTD. The Modi factor aside, what aided the BJP in its march to victory was the NOIDA HEAD OFFICE: effort made by the leadership to rejuvenate the party at the grassroots 24 A -9, Sector-68, Gautam Buddh Nagar, NOIDA (U.P.) - 201309 level. A report by NV SUBRAMANIAN Phone: +9 1-0120-2471400-432 ; Fax: + 91- 0120-2471411 e-mail: [email protected] website: www.encnetwork.in MUMBAI OFFICE:Arshie Complex, B-3 & B4, Yari Road, Versova, Andheri, Mumbai-400058 Ads, booze and cash RANCHI OFFICE:House No. 130/C, Vidyalaya Marg, Ashoknagar, Ranchi-834002. We just witnessed the most expensive election in Indian history, with LUCKNOW OFFICE:First floor, 21/32, A, West View, Tilak Marg, Hazratganj, Lucknow-226001. 27 PATNA OFFICE: Sukh Vihar Apartment, West Boring Canal Road, New Punaichak, leaders logging hundreds of miles of daily air travel and parties Opposite Lalita Hotel, Patna-800023. launching hi-tech media blitzkrieg and resorting to old ways of ALLAHABAD OFFICE:Leader Press, 9-A, Edmonston Road, Civil Lines, Allahabad-211 001. distributing cash, writes RAJENDRA BAJPAI

4 May 31, 2014 government. functioning needimmediateattentionofthenew Internal security, intelligenceandparliament’s poll season A soul-searching deliverables Now, forthe

RAMESH MENON

landmark election that gave the country a inspects thisnewmarket including afewcriticalones. and publisherstoproducebiographies, The Modiphenomenoninspiredascoreofwriters government with clear majority after 30 years books launched a100 The facethat GIRISH NIKAM

provides a visual take on the BHAVDEEP KANG lists thepriorityareas 34 37 30 would impactthefuturenationalpolitics of thepoor. foreign anddomesticinvestments,neverlostsight development modelwhich,whileattracting in Tamil Nadu,JJayalalithaaevolveda became amajorelectionplankfortheBJP, While theModimodelofGujarat Ammanomics The churningwithin describes thetoughterrainhewillhavetotraverse has displayedonthehometurf? policy issueswiththesameassertivenesswhichhe thenewprimeministerdealwithtrickyforeign Will world view? Does Modihavea Muslims toputtheirviewsinperspective MEHA MATHUR calibrated responsestotheissuesthataffectit. capable ofwell-reasonedandpolitically would liketobelieve,theMuslimcommunityis Far fromwhatthepoliticalparties

REGULARS ALAM SRINIVAS epe...... 82 People ...... 81 Wordly-wise Is ThatLegal?...... 76 Supreme Court...... 12 ...... 10 ...... … Letters Ringside…...... 9 talks toacross-sectionof predicts howthis

48 42 54 COL HARIHARAN INDIA LEGAL celluloid queen...... 80 proves whyshe’sa Kangana Ranaut Mukul Sinha’sdemise...77 Human rightsactivist livelihood...... 71 waste isanotherman’s In Delhi,Oneman’s drones business...... 68 Policy paralysisand guinea pig...... 65 for thehuman A newbarrierofdefenses spell onnorthIndia...... 60 Electricity Actcastsadark Southern states’misuseof high-profile criminals.....56 against several extradition proceedings How CBIbotchedup ALSO Cover Design: May 31,2014 ANTHONY LAWRENCE 5 THE NATION / mandate 2014 / muslim psyche The Churning Within the issues that trouble the country’s largest minority are old, but in the diversity of its responses lies a new hope By Meha Mathur

USLIMS have been a crucial votebank in Indian elections. Poli- tical parties despe- rately try to woo them by raking up issues thatM affect the community, playing on their fears and anxieties. The reality that even after six decades of Independence, Muslims feel marginalized, insecure, discriminated and stereotyped, provides them enough fodder. Mandate 2014 accentuated the apprehen- sions of Muslims in some states. The concern was building up ever since September last year when Narendra Modi was declared the

42 May 31, 2014 prime ministerial candidate of the Bharatiya THE BRAVE NEW FACE Janata Party. NaMo’s track record in Gujarat, (Above) Law student Fathima where he had swept assembly polls thrice by Thahalia at a seminar in Calicut partly riding on the communal card, didn’t help matters. Certain Muslims were worried about their fate, after it became clear that Narendra Modi would form the government. The communal riots in Muzaffarnagar in August-September 2013 were another omi- nous portent. The feeling of insecurity increased after the BJP leadership in honored two of its MLAs accused of fanning the riots. And even as elections were under way, with the Modi wave unleashing itself across the nation, the north-eastern state of Assam once again witnessed clashes between the Bodos and the Muslims. India Legal spoke to a cross-section of Muslims to find out about the community’s perceptions on the political developments, its role and position in India, its sense of ful- filment, expectations from the state machin- ery and judiciary, and worries regarding Modi taking over in New Delhi. Happily for the nation, the Muslims no longer think en bloc. The community feels far more enlightened, more secure. Opinions and perceptions vary a great deal at individ- ual levels. Responses are well thought out, and not always stereotypical. Reactions range from introspection to anger; from the clamor of assimilation to the plaintive cry for assertion of rights. The passion to go up the ladder, be a participant in changing times and think independently is almost infectious. Being typecast as “second class Photos: Anil Shakya INDIA LEGAL May 31, 2014 43 THE NATION / mandate 2014 / muslim psyche

Muslims should chancellor’s seat, but not Prime Minister’s seat. Our share in important positions in see their interest defense or intelligence is insignificant.” in national interest, rather RANKLED BY GUJARAT RIOTS Security is a concern among Muslims today, than only thinking and the violence and injustice experienced in about the the past riots rankles. Some have internalized community, feels the Gujarat riots, and can’t bear the reality that the guilty, especially the high and scholar Maulana mighty, have gone scot free. Wahiduddin Khan. Two issues in particular perplex the Muslims. One is the role of the judiciary, with At the time of the lower judiciary closing most of the cases, and the Supreme Court transferring some partition, Muslims cases out of Gujarat on the grounds that free loyal to India chose and fair trial would not be possible within the to stay back. Still, our state, but at the same time retaining others within Gujarat. The other aspect is the clean loyalty is questioned chit given to Modi by the Special Investi- and Hindus’ loyalty is gation Team (SIT). Aftab Alam, associate taken for granted, professor with Aligarh Muslim University (AMU), laments: “Every time a college or says IT professional road is inaugurated, the credit goes to Modi. Tariq Jaleel. Why is it that in the case of such a big car- nage, the responsibility did not rest with the citizens,” Muslims are at pains to clarify that head of the state?” their love for the country is as intense as any However, many understand that the judi- other community in India. ciary has a limited role in curbing riots in Says Syed Asghar Wajahat, an acclaimed India. They understand that the courts do author and playwright, known for his works not make laws but only interpret them. like Jis Lahore Nai Dekhya, O Janmyai Nai: Scholars and professionals aver that it is per- “I am an Indian first and a Muslim second. haps time that the Parliament enacts laws It’s as clear as that.” that would enable harsh punishment to riot- The sense of belonging is further echoed ers or deter them from igniting violence. by Kamal Farooqui, former secretary of While Gujarat has become a reference Samajwadi Party, when he says: “I am confi- point, Muslims are well aware that in some dent about my place in the country, about my other states of India, the state machinery has constitutional rights.” handled communal disturbances in an unbi- Having said that, there is also pain and ased manner. Syed Qasim Rasool Illyas, anguish at being alienated in their own coun- member of the Muslim Personal Law Board try. Tariq Jaleel, an IT professional and a and Jamaat-e-Islami Hind, says that in states project manager with IBM, is deeply hurt by where the state machinery is efficient, the efforts that Muslims generally have to make law and order is well maintained. to establish their loyalty for the country. “For The Muzaffarnagar riots have also rattled the Muslims of India there was a choice to go the Muslims no end. It came as a shock, as to Pakistan or stay back. People who were the region had retained its peace in loyal stayed back. Hindu’s did not have that Independent India, with the Jats and the choice. Still, their loyalty is taken for granted, Muslims taking pride in common ancestry. while ours is not.” Other cases that have scarred the community Extending his argument further, he points include the Hashimpura violence of 1987, in out: “We can get President’s seat or vice- which the police had massacred 50 people in

44 May 31, 2014 cold blood. The case remains unresolved, and Politician Kamal the culprits have not been brought to book. Some of them complain that judicial Farooqui has activism has shown little regard for riots complete faith in cases by failing to take suo moto notice, the Supreme Court which could have provided the healing touch to victims. They point out that in the past 15 remaining secular, years or so, the courts have taken the lead in irrespective of dealing with issues like environment, corrup- whichever party is tion, rape, etc but have been rather circum- spect to act in cases relating to communal in power at the violence. MH Jowher, an Ahmedabad-based center. rights activist, says that while the lower judi- ciary may have been communal in the 2002 riot cases, “the Supreme Court also did not act on its own, but only on the petitions of Syed Qasim Rasool Teesta Setalvad, Mukul Sinha and others.” Illyas of Muslim The inordinate delay in disposing off riots cases by the judiciary has upset the Muslims. Personal Law Professor Sabiha Hussain, faculty with KR Board is Narayanan Centre for Dalit and Minorities anguished at the Studies at , says: “Judicial delay causes immense harm in riot clean chit given to cases. It prevents people from coming out of Narendra Modi by trauma and affects their participation in the SIT. national development.” The baggage of “terrorist tag” that the communal plank may have aided Modi’s Muslims are sometimes forced to carry has political ambitions. Law student Fathima caused an irreparable damage to their psy- Thahalia says: “The BJP’s inherent nature is che. To be under scrutiny of law enforcing to polarize. It polarized the country on the agencies is excruciatingly painful. Elaborates Hindu-Muslim axis. The party knew that at Prof Aftab Alam: “Muslim youth are arrested the end of the violence, the communities will after every blast without proper investiga- split up and thus create a fertile ground tion. The arrests are made to satisfy people’s for the BJP.” anger. In 98 percent cases, the charges are There are also concerns about the coun- false and they are later released. In Lucknow try’s institutions buckling under pressure fol- a youth was acquitted after 14 years. Who will lowing Modi coming to power. Muslims fear rehabilitate them?” that communalism will percolate and that positions of power will be communalized. MODI FACTOR The fear of a government headed by Modi In this atmosphere of siege, the worry that working in a dictatorial manner may be real the Muslim community harbored, as election among some sections, but Farooqui dismiss- results came out, was concerns for its safety es these fears, saying: “I have complete faith under Modi rule. Will the politics that was that irrespective of whosoever is in power, played out in Gujarat be magnified on the the judiciary will remain impartial.” national level? Illyas points out: “A leader There is the readiness to analyze Modi’s gets a clean chit when 15 senior officers of his governance outside the communal prism. government are behind bars, and on that But even then the hype around Modi makes basis goes on to build up a national ambition. them think. Illyas feels the catchline, “Abki It will be very unfortunate for the country if baar Modi Sarkar” implied the party had he becomes the prime minister.” handed over the reins to him, which was Even green horns are able to discern how against democratic norms. “Modi’s style of

INDIA LEGAL May 31, 2014 45 THE NATION / mandate 2014 / muslim psyche

governance is dictatorial. It’s a one-man show. No other minister has a say and the law and order machinery toes his line.” He also questions Modi’s development model, saying it has benefitted only a few corporates in Gujarat, not the common man. But Prof Sabiha Hussain of Jamia Millia Islamia has a surprising take: “I would like Modi to be in power. He will ensure that no communal riots take place. He will try to Writer Syed Asghar Wajahat overcome his shortcomings of Gujarat at the national level.” of Jis Lahore Nai Dekhya, Others too are in a conciliatory mood. O Janmyai Nai and Saat Nayema Nasir, an MPhil student of gender Aasmaan fame voices the studies at Ambedkar University, New Delhi, while fearing for safety, says: “We would not sentiments of Muslims when like to carry past baggage with us. If correc- he says that he is an Indian tive action is taken, the community would first, and a Muslim, second. like to reach out.” Maulana Wahiduddin Khan in fact chides his community for their negative voting, say- ing: “You have to see your interest in the circle: “Muslims will have to give importance national interest. Muslims think only in to education if they want their rightful place terms of community interest.” in the Indian society or polity. In the absence of education, they are not aware of the ARMED WITH EDUCATION avenues that are available to them.” Given the divergence in opinions, the issue There’s a tremendous hunger for educa- that unites the community is hunger for edu- tion at least among Muslims of small towns , cation. All Muslims see education as the with ambitious parents nudging their chil- panacea for all ills and as the only means to dren into higher studies, and youngsters sin- break out of present constraints. gle-mindedly pursuing astrophysics, biotech- Prof SM Azizuddin, historian and direc- nology, remote sensing, physiotherapy, nurs- tor, Rampur Raza Library, feels it’s a vicious ing, management, media, and, of course, lib- eral arts, often taking their education to its logical culmination of post-doctoral. If it requires postponement of marriage, so be it. No to Pak advice This writer met several students who studied in madarsas making it a point to master MAULANA Mahmood Madani, executive English language, and burqa-clad women, member of Jamiat Ulema-e-Hind, said clueless about careers, still trying to make Indian Muslims don’t need Pa kistan’s something of their lives by joining communi- advice to solve their problems. At the India cation classes. Todayconclave in 2009, Madani made this The awareness about education has remark in response to former Pakistan spread in villages. In fact, the enrolment of President Pervez Musharraf’s address. He children in elementary schools has gone up said: “There are more Muslims in India from 8.3 percent in 2006-07 to 13.15 percent than the entire population of Pa kistan. in 2012-13. The dropout rates are high in the Indian Muslims know how to solve their problems. We don’t need your advice. middle school, but that, perhaps is the socio- Seventy percent people of the Indian civil society are ready to economic compulsion with all disadvantaged stand by Muslims in resolving their problems. Don’t try to alien- communities, not just Muslims. ate the Muslims with your remarks.” There’s also the realization that quality of education in minority institutions needs to

46 May 31, 2014 Prof SM Azizuddin, Prof Sabiha Hussain of Gender studies student Director of Rampur Raza Jamia Millia Islamia is Nayema Naseer says Library, feels that for keen that Narendra Modi Muslims would not like to Muslims to play a comes to power. She feels carry past baggage and meaningful role in the he will ensure law and would reach out if Modi is society, they have to give order, and undo his old ready to take importance to education. reputation. corrective measures.

improve in these times of excellence and YOUNG VOICES tough competition. Wajahat says: “Most The Muslim youth, too, has put on its think- Muslim institutions are not known for excel- ing cap. It feels the need to make a greater lence. You can’t compare them with IITs and contribution to the nation. Ahamed Saju, a IIMs. Because of this, the students lose out.” research student with University of Delhi, Should Muslims depend on state support feels happy that the prejudices against the to come out of their educational backward- Muslims are slowly dying out and the ness, or should they come out of dependency, Muslims on their part are mixing with oth- is a point of debate. ers. Walking the talk, he sought out a Brah- Farooqui admits that a number of initia- min from Uttar Pradesh for his roommate in tives have been launched to benefit the com- his postgraduation days. Saju, coming from munity, like the schemes of a number of min- Kerala, couldn’t speak Hindi, and the room- istries which directly help minorities. And he mate, Padmakar Dwivedi, was not conver- claims that “Muslims don’t want any special sant in English, but the two bonded over favors; only equal opportunities.” their career dream to join the civil services. But he expresses anger at the Muslims Graphic designer Zakir Ali feels that being denied reservations “as a result of the Muslims can rub shoulders with the rest of constitutional fraud played by the Congress the nation in its progress, and that opportu- in 1950, under Article 341, restricting reser- nities are coming to them in all walks of life. vations to the Hindus only”. To Nayema Nasir, the very thought of Others like Maulana Wahiduddin Khan discussing Muslims as a separate entity is an want the community to stand up on its own. anathema. Expressing her disgust, she says: Khan says: “Muslim institutions work on the “The rhetoric on these lines marginalizes wrong notion that Muslims need favor, which the community. I saw a TV debate in which works like poison.” And Illyas, as chairman of the question being posed was, ‘leading Mus- Afkar Foundation, is spearheading an initia- lim actors are part of mainstream. Do you tive to successfully run 100 model schools in think the whole community is part of main- northern and eastern India, where best pos- stream?’ This line of thought increases the sible education would be imparted, and sense of the other.” IL where students would be guided to take up right courses and careers. With inputs from Renjini Verghese

INDIA LEGAL May 31, 2014 47