Professional Documents
Culture Documents
NO
BENCH
FOR
WOMEN All are equal before law.
Not really, say women judges and
lawyers in India
Reservation will help women:
Justice M. FATHIMA BEEVI
I was sexually harassed
in the Supreme Court corridors:
INDIRA JAISING, senior lawyer
4 VOL 34 NO 46 THE WEEK NOVEMBER 13, 2016
CONTENTS FOR THE WEEK NOVEMBER 7-NOVEMBER 13
42 COVER STORY
SALIL BERA
PLUS
BAR, BIAS ● Reservation will help
women:
Victor Banerjee with
Raima Sen
M. Fathima Beevi,
A blindfolded Lady Justice symbolises impartiality—justice REGULARS
without fear or favour, regardless of wealth, fame, power or retired Supreme Court
identity. But the judiciary has been anything but objective judge
LETTERS 6
towards lady lawyers and judges. Instead, they have been ● I was sexually harassed
objectified and discriminated against because of their in the Supreme Court APERITIF 10
gender. It's time the judiciary stops turning a blind eye to corridors: Indira Jaising, POWER POINT 12
its biases senior lawyer
CANDID TALK 16
COVER DESIGN || BINESH SREEDHARAN WEIRD WORLD 17
MANI-FESTO 26
Vijayan should sit and QUESTION (Delhi), Tariq Ahmad Bhat (Srinagar), Mandira
Nayar, Neha Sharma Bajpai, Namrata Biji Ahuja
(Delhi)
Around 25 schools have
KANNUR IS the heart put an end to the vio- Special Correspondents: K. Sunil Thomas
been burnt till date in (Delhi), Anupam Dasgupta (Mumbai),
and soul of the CPI(M) lence. Or else, the popu- Ajay Uprety (Lucknow), Deepak Tiwari (Bhopal),
Jammu and Kashmir. Prathima Nandakumar (Bengaluru), Soni Mishra
and it has time and again larity of the BJP and the (Delhi), Niranjan Takle, Rachna Tyagi (Mumbai),
Cithara Paul (Thiruvananthapuram), Pratul
prevented other political CPI(M) will diminish in Write an Open Letter in Sharma (Delhi)
parties from growing here. Kerala. 200-250 words to Chief Principal Correspondents: Nandini Gunavantrai
Oza (Ahmedabad), Lalita Iyer (Hyderabad),
All parties are exploiting P.K. Kishore, Minister Mehbooba Mufti Soumik Dey (Delhi), Lakshmi Subramanian
on schools being targeted in (Chennai), Shalini Singh, Gunjan Sharma (Delhi),
the selfless qualities of the On email. Rabi Banerjee (Kolkata)
average person in Kannur. the state and stand a chance Senior Correspondents: Mini P. Thomas,
to win an Amazon gift Abhinav Singh (Bengaluru), Shweta Thakur Nanda
I feel sad when I hear Average (Delhi), Anjuly Mathai (Kochi), Vandana (Delhi),
voucher worth Rs 500. Send Priyanka Bhadani (Mumbai)
from women in Kannur candidates your entries to youzone@ Correspondent: Dhriti Gandhi (Delhi)
that they are scared when THE PRESIDENTIAL Chief Reporter: UAE: Jaimon George, Dubai
theweek.in with OPEN Photo Editor: Sanjoy Ghosh
male members of the fam- election in the US is get- LETTER as the subject. Chief Photographers: Arvind Jain, Sanjay
Ahlawat (Delhi), Janak Bhat (Mumbai), Bhanu
ily step out. ting very exciting, with LAST DATE: 8.11.16 Prakash Chandra (Bengaluru), Salil Bera (Kolkata)
Vivek Narayan, both Hillary Clinton and Senior Photographer: Amey Suhas Mansabdar
(Mumbai)
On email. Donald Trump having a Photographer: Aayush Goel (Delhi)
Senior Picture Coordinator: Bimal Nath C.
Art Editor: Jayakrishnan M.T.
PRIZE-WINNING LETTER Special Designer: Ajay Pingle
Chief Layout Artist: Jayant Pithadia
Chief Graphic Artist: N.V. Jose
Open Letter to Baba Ramdev on his call to Indians to boycott Chinese products Illustrator: B. Bhaskaran
Layout Artist: B. Manojkumar
Designers: Deni Lal, Job P.K.
Reality check to be a self goal as China cannot risk deteriorating Artists: Rajesh A.S., Binesh Sreedharan,
Ajeesh Kumar M., Sumesh C.N., Sujesh K.
DEAR RAMDEV JI, can make anything from trade relations with the Junior Artist: Jairaj T.G.
With all due respect, your toys to electronics at second largest economy Research Head: K. Manoharan
Researcher: Saju C. Daniel
fallacious comment is not prices no one can match. in the world. Politically, Research Assistant: Rani G.S.
at all appreciated. Your These imports from China too, the decision is child- Executive Director: George Jacob
Vice President, Marketing,
idea of boycotting Chinese has helped us in lowering ish as trade is one of the Advertising Sales: Varghese Chandy
products is terrible, both the price of goods in India. prominent factors which Vice President, Works: P.K. Philip
Vice President, Circulation: M. Rajagopalan
politically and economi- These cheap imports are has normalised the bor- Nair
Chief General Manager, Sales: Anand Mathew
cally. also beneficial for India’s der relations between the Business Representatives
It is important here to global export as our two countries. Why risk Chief Resident GM, Mumbai:
Shree Kumar Menon
realise that China is India’s exports contain Chinese the peace and security of Chief Marketing Officer- North and Head,
largest trading partner components. the Indo-China border Special Projects, New Delhi: R. Rajmohan
Regional Chief GM, Chennai: K.C. Suresh
and not vice versa. Only Also, if Chinese con- with such gimmicks? This Regional Chief GM, Marketing, Bengaluru:
Ranjit Kurien
2-3 per cent of Chinese sumers start boycotting brand of nationalism is Senior Manager, Marketing, Coimbatore:
exports come to India, and Indian products, India popular only on social Rajesh Nair K.
Senior Manager, Marketing, Hyderabad:
so India’s boycott won’t will lose more than China. media and not in real life. Abraham T. George
dent the Chinese economy. Countries are economi- Siddhi Mundra, Senior Manager, Marketing, Kolkata:
Manoranjan Anandan
It would, however, prove cally interdependent. We Ujjain Senior Manager, Marketing, Pune:
Amarnath Joshi
12 THE WEEK NOVEMBER 13, 2016
P
rime ministers from Jawaharlal duce out-of-the-box resolutions remains
Lians are portrayed as having
Nehru to Manmohan Singh have to be seen. minimal education and even less
personally dealt with the Kashmir Interestingly, Mufti Mohammad Say- common sense. The characters
problem, trying to find solutions through eed of Kashmir was union home minister are a staple in southeast Asian
direct and indirect political and admin- in 1990 when the violence started, result- popular culture.
istrative measures. Most home ministers ing in the driving out of Pandits from the Ah Bengs feature in many a joke.
have left Kashmir to the prime minister valley. During this period, his daughter For example, Ah Beng thinks
as it involves diplomacy and military. Rubaiya was kidnapped and later re- that guerilla warfare is about
On the other hand, Narendra Modi has leased by terrorists. Sayeed later became two apes fighting over a banana.
shown less public energy for dealing chief minister twice—first in partnership And, after taking photocopies,
Ah Beng always checks the copy
with the Kashmiris, though he has tried with the Congress and second time allied
for spelling mistakes. Once Ah
to engage Pakistan’s prime minister with the BJP. His elder daughter Meh- Beng found a slip under the
Nawaz Sharif. booba has taken on the chief ministerial windshield wiper of his car. It
During the four-month unrest which responsibility after his death, again in said, “Parking Fine”. Ah Beng
rocked the Kashmir valley, it is Home partnership with BJP. Six successors of thought it was quite polite of the
Minister Rajnath Singh who Sayeed in the home ministry— police to commend his excellent
has emerged as the most S.B. Chavan, Indrajit Gupta, parking skills.
active member of the govern- L.K. Advani, Shivraj Patil, P.
ment. Singh has made three Chidambaram and Sushilkumar MILESTONES
visits on his own, and also Shinde—were overshadowed Ms Banker: World Bank appoints
headed the all-party parlia- by the efforts of their prime Kristalina Georgieva as its first
mentary delegation. He has ministers and national security CEO. The Bulgarian is former head
held discussions with Chief advisers like Brajesh Mishra, of EU humanitarian affairs and
Minister Mehbooba Mufti, M.K. Narayanan and Shivshan- vice president of the European
political leaders, academics, kar Menon. Only Rajesh Pilot, Commission.
businessmen, journalists and who became minister of state Swedish Schindler: Sweden
citizens on how to douse the for internal security in 1993 in formally accepts the death of
flames of an agitation which has taken the wake of the Ayodhya demolition, did diplomat Raoul Wallenberg, 71
more than 60 lives, injured hundreds and shuttle diplomacy between Delhi and years after he disappeared. Posted
resulted in the torching of 25 schools. Srinagar. But Pilot fell out of favour with in Budapest, Wallenberg helped
Singh, however, has avoided making Prime Minister Narasimha Rao and was thousands of Hungarian Jews es-
overtures to separatist Hurriyat leaders. moved out of the home ministry. cape the Nazis. He is regarded to
The Modi government has taken a But now Rajnath Singh is doing a have been executed by the Soviets
tougher stand on Hurriyat than the Atal balancing act by trying to find solutions in a Moscow prison in 1947.
Bihari Vajpayee government did, and which he can present to Modi and senior Water and oil: International
even cancelled bilateral talks because colleagues, even while motivating the support mounts for protestors at
the Pakistani high commissioner invited paramilitary forces to handle the violence Standing Rock Sioux Reservation
Hurriyat leaders for a chat. on the streets of Kashmir with a combi- in North Dakota, US. The Sioux
Several Kashmiri leaders who have nation of firmness and restraint. A tough are protesting a $3.7-billion oil
met Singh appreciate the earnestness job, but then home ministers need to be pipeline that will run under the
of the home minister. But whether the tough. Missouri river and through a
senior politician has the mandate to pro- sachi@theweek.in sacred burial ground.
14 THE WEEK NOVEMBER 13, 2016
APERITIF party snacks
Wedding special
The blessings of K. Chandrasekhar Rao are
in great demand at weddings in Telan-
gana. From politicians to industrialists, ev-
eryone seeks the chief minister’s presence
at ceremonies. Some even make sure that
the invitations have Rao’s name printed
on them. The objective, apparently, is to
boost one’s social status by showing one’s
proximity to the CM. But, eccentric as
he is, Rao quite often fails to attend these
ceremonies, leaving the hosts not only
disappointed but red-faced as well.
Rao, however, is not likely to skip the
gala wedding Hyderabad is gearing up
for: that of Animal Husbandry Minister
Talasani Srinivas Yadav’s daughter and
Telugu Desam Party MLA Putta Sudhakar
Yadav’s son. Invites sent out by the min-
ister have both Rao and his wife’s names
displayed prominently.
Dribbling well
Union Sports Minister Vijay Goel recently
ILLUSTRATIONS: JAIRAJ T.G. convened a meeting of national sports
federations in Delhi. One of the topics of
discussion was the Lodha panel’s recom-
mendations for reforming the Board of
THE WEEK NOVEMBER 13, 2016 15
Howler
for the Kiwis
Union Minister Mahesh Sharma put his foot
in his mouth at a press conference in Delhi or-
ganised by Tourism New Zealand and attend-
ed by New Zealand Prime Minister John Key.
At the event, Sharma welcomed, with great
warmth, “Prime Minister McCullen” to India.
One could have ignored the slip-up—as Key
chose to do—thinking that the minister was
overawed by the presence of cricketer Bren-
don McCullum, who was also on the dais. But
then, Sharma did it again, saying that Prime
Minister Narendra Modi was delighted that
“Prime Minister McCullen” had come to
India! Later, actor and New Zealand
brand ambassador Sidharth
Malhotra took it upon himself
to set the record straight, by
welcoming Sharma as Dr
Banking on
Sharad Pawar. “I guess it’s Panagariya
payback,” he quipped. Arvind Panagariya, who was handpicked by
Prime Minister Narendra Modi as vice chair-
man of NITI Aayog, has been given one more
hat to wear. Disappointed with India’s dismal
130th position in the World Bank’s ‘Ease of
Doing Business’ ranking, Modi has asked Pan-
agariya to take the lead in interacting with the
World Bank. As a Columbia University profes-
sor and former World Bank chief economist, he
certainly has what it takes to do what Modi has
in mind.
W
hen the daugh- Nandimajumdar realised that there
ter of Bani Prasad were 282 others like him in Kolkata.
Nandimajumdar, They had deposited more than 050
an engineer-turned crore in premiums, with their insur-
businessman from Kolkata, got mar- ance amount running into more than
ried and moved to the US with her 0200 crore. Their premiums have
husband a decade ago, she gifted her been rejected and annuities and matu-
savings worth 010 lakh to her father, rity sums withheld without notice.
who ran a small factory in the city. In A preliminary CBI investigation
2010, Nandimajumdar, 70, invested found that almost 05 crore had been
the money in an LIC (Life Insurance siphoned off by certain LIC employ-
Corporation of India) policy; he paid ees, the alleged mastermind being
the premium through an insurance Debabrata Ray, who was an assistant
agent and received the receipt and the branch manager at the regional office
policy bond. Soon, he started receiv- in Kolkata.
ing a quarterly pension of 024,000. G.N. Upadhyaya, a doctor at the gov-
But, it stopped in September 2013. ernment ayurvedic hospital, Kolkata,
“When I visited the LIC’s eastern bought a money-back policy worth
regional headquarters in Kolkata, 02 lakh in 2010, paying an annual pre-
they refused to give me any clarifica- mium of 021,044. He was supposed to
tion,” said Nandimajumdar. He then get his first reimbursement in 2013.
wrote to LIC chairman S.K. Roy, But the LIC stopped accepting his
who asked the divisional manager premium in 2012, citing technical
in Kolkata to handle the complaint. reasons. “I had to take a personal loan
The DM informed Nandimajumdar from a private bank for my daughter’s
that there were some mistakes in the wedding,” said Upadhyaya. “There is
accounts at the LIC’s main office in no difference between the LIC and
Kolkata and promised to give him [the infamous] Saradha. We thought
further details soon. When no further that such cheating takes place only in
intimation came, Nandimajumdar private companies,” he said.
approached the consumer court in The CBI report hinted that the
September 2015. LIC was shielding its officials.
“That offended them, so they Former eastern zonal manager
decided to hit back,” he said. In court, Hemant Bhargava had initi-
the LIC’s lawyer demanded an inqui- ated departmental action
ry about Nandimajumdar’s source of against Ray, but little was
income. “They perhaps thought I was done after Bhargava was
a corrupt businessman who would transferred to Delhi.
withdraw the case out of fear,” he After the CBI named
Life in jail
ing azadi just back from Tihar Jail, he had become
a politician. His rise is the kind that is scripted
to be told. And he does know how to spin a story.
From Bihar to Tihar is his account of a story that
on JNU campus has become part of folklore. But
what isn’t, perhaps, is his struggle. This is his first
From Bihar to Tihar is Kanhaiya Kumar’s book; for sure, it will not be his last. Exclusive
version of an agitation that rocked India excerpts:
A
nti-national, then hero, then to sym- There was nothing to sleep on. There was a blan-
bol of hope, Kanhaiya Kumar has ket of some kind which acted as both the bedding
worn many labels. Some deserved, and a cover. My chappals, jacket, etc, had been
some he still has to live up to. Yet, confiscated outside. I asked for my jacket as I was
there is no doubt that his story—from the presi- cold. They said they couldn’t give it to me as it had
dent of the JNU Students Union to becoming a drawstring with which I might attempt suicide.
headline news—is an incredible one. The day he My cell had a bottle of water, a tap and a toi-
stood in a black leather jacket and a blindly white let seat. I had to make do with this for drinking,
T-shirt, under the arc lights of cameras demand- bathing, washing, etc. I tried talking to the police
24 THE WEEK NOVEMBER 13, 2016
BOOKS
gave his name and asked for his identity proof. In
return the man asked for the cop’s ID. Then he
got up and ran away. No one really pursued him
despite my pleas. A woman lawyer I didn’t know
was present in the courtroom and she too was
agitated that a lawbreaker could escape so easily
from inside a courtroom.
I was taken to another room. The police were
everywhere; no one was allowed to come in. Some
lawyers were present in the room. I answered
their questions and told them how I had been
manhandled. Later I discovered that they were
assigned by the Supreme Court. A doctor was
called into the courtroom to treat my injuries. I
told him how I had been beaten but the doctor
didn’t note down anything. He just stood there
quietly, hearing me.
Seeing his attitude, the judge became angry and
said that his licence could be cancelled if he didn’t
cooperate. The doctor started to make excuses
but, now afraid, began to write.
The police had no reason to extend their
remand, but since there was no application for
bail, I was taken into judicial custody. This meant
I would move from the lockup to jail. I was filled
with real fear for the first time. What was hap-
pening outside? I had done nothing and if the Tough fight: other. There were officers from different battal-
police hadn’t managed to find any evidence to Kanhaiya ions. It was decided that any attacker would be
implicate me, why was the media after me? Who Kumar at a shot at sight. A vehicle would be posted at every
were these people who had physically assaulted court in Delhi traffic signal and a green corridor would be cre-
me and were trying to prove I was anti-national? ated. First a dummy would be sent and when the
I couldn’t make any sense of any of it. It didn’t media ran after it, my vehicle would speed past
help that there was such a large number of cops to Tihar.
swarming all around me—it felt as if they were TV crew from all the channels had gathered
preparing for a war. outside. Inside the court jail, I saw the news after
First one officer made me wear a helmet and many days. On the TV screen, the Delhi police
guard. After a while he returned and took me to commissioner was saying that they would not
another room. Waiting for me there was another oppose my bail. He was showing the press the
young cop who was about my build. We had to letter I had been made to write, in which I had
exchange our clothes. Now I was disguised in full vouched for my faith in the Constitution. Later I
police uniform. came to know that the police had given that let-
From the courtroom, the court jail was not ter out to the media under the title ‘Kanhaiya ki
more than fifty metres away. All these elaborate Chithhi’. The letter and the question of bail would
arrangements were being made to cover this become matters for heated press debate.
distance. The police were suspicious of its own Once again I was made to wear a helmet and
people, worried that someone from the force guard, and to sit in the prisoner’s van. There are
itself might attack me. People stood around, talk- separate sections in this van and police with dif-
ing heatedly to each other. Four hours went by in ferent weapons—guns, tear gas, pepper spray—sit
this fashion. I thought to myself, this is happening in the different sections. I was made to sit right
in the capital city, not in some remote area of the behind the driver. The three cops sitting with me
country. It felt like a bad dream. Then I was taken had no weapons. One of them said to me, don’t
to the court jail. worry, only if we die will anything happen to you.
The court jail was emptied for me. Now a strat- Driving non-stop, I was taken to Tihar. The media
egy was being planned—how to take me to Tihar was present here too, furiously clicking pictures
Jail. All the senior officers were arguing with each of the van. The police had surrounded the Tihar
THE WEEK NOVEMBER 13, 2016 25
Jail gate. The heavy gates the news only briefly. The moment I read or saw
opened, let the car in and I was anything on JNU my mind would be assailed with
soon inside. In jail! memories and I would feel unsettled. I started
◆◆◆ watching other entertainment programme—films
Even as I began to adapt and sports—as a way to distract myself.
to prison life, I couldn’t help My efforts paid off. I began to feel calmer.
worrying about my jail sen- Things improved further when I began to keep
tence. How long would I be a diary. I knew that I would find it difficult to
locked up for? No one seemed capture my feelings in words. It’s like trying to
to have any answers. To keep define the sweetness of two different fruits. But I
the uncertainty away I kept forced myself to begin, thinking it was important
myself busy. It was difficult in to record these experiences.
an isolated ward with so much I mostly stayed in my cell. If there were any visi-
security. I was kept away from tors I went to meet them and then returned to the
other prisoners and I was cut cell. Once in a while I spoke with some inmates.
off from the activities of the My fellow inmates were a varied lot. There were
jail. I was taken out for a stroll people who had been there for years with no one
only when the other cells were to bail them out. There were some who came from
shut. Usually I ended up at the good backgrounds. Many suffered from psycho-
multi-religious prayer room, logical ailments.
with its pictures of Shirdi Sai A community radio played during the day. The
Baba and Subhas Chandra radio jockey was a Bihari. He was convicted in a
Bose, just walking around the murder case. He was educated and sensible. He’d
empty hall. come and ask me which song to play and played
AP I started exercising to keep songs of my choice—‘Zindagi tu hi bata irada kya
myself busy. I would jump and hai’. Apart from the sevadar who I became very
try to touch the high ceiling in my room although close to, I spoke mostly to him.
I never succeeded. I tried to build a relation- ◆◆◆
ship with my space. I started to sweep the floor One realizes the importance of the biggest and
diligently. Even if I saw a speck of dust I would smallest things in jail. Family, companionship,
clean it up. I washed my plate with care. I counted conversation. But also of small things like a nail
the iron bars; I tried to measure the length and cutter. I had to wait for two days to get one and
breadth of my cell. take special permission since it can be used as a
I now ate my food slowly, tasting every bite. As weapon. For the same reason, the looking glass is
a poor student and student activist I never really made of fibre and there are no metallic nails in the
gave food too much thought. I simply thought of cell.
filling my stomach. Now I began to pay attention One day I asked for a shave. The barber was
to what I was eating—even though the food was called. Five people surrounded me as I was
not very good. shaved—three staff members, one ward-in-charge
A whitish pigeon would come into my cell and the person who had brought the barber. They
through the exhaust fan vent. I spent a lot of time were there for my protection and also to make sure
looking at it. The singing continued. I would also that I didn’t snatch the barber’s instruments and
talk to myself. The college debater got a second hurt anyone. I was both dangerous and in danger
life in that quiet cell. I would speak for and against myself.
the motion—a good way to test my argument. Life in jail is based on suspicion and lack of faith
I tried to keep my mind away from what was in each other. Though this is usually not so obvi-
happening in the outside world and not think of ous, it becomes apparent in some situations. For
things which made me feel isolated, disheartened instance, when the doctor comes to inspect your
and lonely. I read the newspapers and watched food, you can feel the paranoia in the air. He has
to taste the food. If the food is poisoned the doctor
will die first. Such lack of faith! The doctor looks
I noticed something curious while in at the sevadar. The sevadar looks at the doctor.
custody. The staff put on duty with me Then the doctor takes a bite, gives me my food and
walks away. .
were either dalit or Muslim. Excerpted with permission of Juggernaut Books
28 THE WEEK NOVEMBER 13, 2016
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30 THE WEEK NOVEMBER 13, 2016
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32 THE WEEK NOVEMBER 13, 2016
THE WEEK NOVEMBER 13, 2016 33
36 THE WEEK NOVEMBER 13, 2016
CONTROVERSY
In the line of duty: (Inset)
Head Constable Ram
Shankar Yadav; (left) Shivraj
Singh Chouhan consoling
Yadav’s family members
PHOTOS:PTI
ers had a celebration going, complete
with drummers. Bhopal Collector
Nishant Warwade arrived to con-
gratulate the policemen.
A source said Chouhan wanted the Superintendent of Police Raman Home Minister Bhupendra Singh,
operatives neutralised before they Singh Sikarwar even approached his too, congratulated the police, but said
launched a possible terror attack. astrologer for help. He told the cop there had been a massive security and
Bhopal Jail is close to the headquar- that operatives would be caught in intelligence lapse. “We have ordered
ters of the Indian Army’s 21 Corps. eight days. They were shot in eight a probe covering all angles, including
Traditionally, in MP, buses do not hours. why the special armed force guards
ply on the day after Diwali. So, the While the meeting was on at deployed on the watch tower failed
operatives were expected to escape Chouhan’s home, news came that to spot the fleeing men,” he said.
by rail. Additional Director General the fugitives had been located and Action over, it was time for politick-
(Railways) G.P. Singh ordered around they were being engaged. After the ing. The police say the operatives slit
3,000 railway police constables to meeting, Chouhan talked to jour- Head Constable Ram Shankar Yadav’s
search all trains. Teams lay in ambush nalists from the visual media. But, throat with sharpened spoons, before
near crossings close to townships. But, he gave nothing away. At 1:30pm, he escaping. Chouhan spent an hour pay-
the railways refused to delay trains for addressed a news conference and ing last respects to Yadav, announced
operational reasons. confirmed that the eight had been a grant of 125 lakh to his family and
The police were in a tizzy. All shot dead. The opposition has alleged said the residential colony where he
clues were being pursued. Senior that information was withheld earlier lived would be renamed after him and
his bust would be erected. were on the blink. After top cops and alive. “They could have easily
On November 1, the state founda- arrived on the scene, a manhunt was nabbed him and kept him for inves-
tion day, Chouhan said, “We cannot launched and security was stepped tigation,” said Mishra, the Congress
risk the lives of our people. I cannot up across the state. In the morning, spokesperson. “He could have nar-
allow terrorists to be served chicken a private security guard spotted the rated how he escaped from jail, and
biryani in jail, while they enjoy jail life fugitives near a stream in Acharpura who helped from inside and outside.
endlessly. I have made my state ter- village. He informed sarpanch Mohan But, they killed him and destroyed all
ror- and terrorist-free.” Singh Meena, who alerted the police. evidence.”
Congress spokesperson K.K. At around 10:15am, the police anti- As criticism mounted, Chouhan
Mishra and senior Congress lead- terror squad arrived, armed with announced a probe by the National
ers Kamal Nath and Digvijaya Singh Kalashnikovs and INSAS rifles. In Investigation Agency, transferred the
questioned the facts of the encounter. less than an hour, they gunned down additional director general (jail) and
State Congress president Arun Yadav the fugitives. Villagers said the fugi- suspended five jail officials, including
demanded a high level inquiry into tives were wearing new shoes and a deputy inspector general and the jail
the jailbreak, because Bhopal Central clothes. The villagers had captured superintendent.
Jail is ISO-certified. Parvez Alam, much of the action on cell phone There have been multiple issues
lawyer of the operatives, too, asked cameras, and these video clips raised involving jailed SIMI operatives,
for a probe into the encounter. more questions. police sources said. They had raised
To complicate matters further, top A clip shows five fugitives stand- slogans against Prime Minister
cops gave conflicting statements. ing on the hillock and waving their Narendra Modi when he formed the
While Yogesh Choudhary said the arms shortly before they were gunned government in 2014. This July there
operatives were armed with guns, down. “They had already killed a jail- was a bomb threat in a Bhopal court;
Inspector General (Anti-Terror- or a few hours back, and had killed it was a hoax. Based on intelligence
Squad) Sanjeev Shami said they were another constable in 2013. So, we inputs, hearings of these operatives
largely unarmed. had clear orders from our seniors to were held through video conferenc-
The police version is that eight of kill them,” said a police officer who ing. Reports have said that the opera-
35 SIMI operatives lodged in Bhopal wished to remain anonymous. “We tives often threatened and abused
Central Jail escaped from the B block did not want to leave them for the judges on camera.
at around 2am, during change of judiciary, which take ages to decide. The tension in Bhopal was so high
guard. They used ladders made of bed They would have run once again from that families of two of the slain opera-
sheets and were armed with knives the corrupt jail system. We decided tives did not get ambulances from the
made of steel plates and spoons. They not to leave anything to chance.” government medical college to trans-
killed head constable Yadav and tied The police officer’s statement is port the bodies to Khandwa, their
up another constable. further corroborated by a video clip hometown. This, and other factors,
The alarm was raised after roughly which shows a policeman gunning led to heightened communal tension
an hour. Security cameras in the jail down a fugitive who was injured in Khandwa.
Amjad Khan: Escaped Mujeeb Sheikh: An Mohammad Khalid Abdul Majid: Was
from Khandwa prison Indian Mujahideen Ahmad: Part of a plan an electrician in
in 2013; accused of operative accused in to kill former Union Mahidpur in Ujjain;
conspiring to kill a the 2008 serial bomb home minister Sushil arrested for stock-
local BJP councillor blasts in Ahmedabad Kumar Shinde ing explosives
Neighbourhood
watch
India-Pakistan ties are unlikely to get any better soon
BY MANDIRA NAYAR
Cold shoulder:
PTI
T
here is an air of desola- isolated. It is a more dangerous phase.
tion under the distinct We have had war. But when people
blue dome on Shanti Path Nawaz Sharif start mistrusting each other, that’s
in the heart of the diplo- when there is great damage.”
matic enclave in Delhi—the Pakistan
has already been Things are not likely to get any
High Commission. The mood had embarrassed because better. “Pakistan is going through
been sombre after Indian Army’s of the destruction of interesting times,” said former dip-
surgical strikes in Pakistan-occupied lomat Vivek Katju. There is a lot at
Kashmir. And the expulsion of the camps [in PoK]. stake—Prime Minister Nawaz Sharif
Mehmood Akhtar, who was attached Rana Banerji, former special is facing corruption charges on the
to the trade counsellor in the visa sec- secretary at cabinet secretariat Panama Papers leak. Though the agi-
tion, over spying charges has made it tation led by his fiercest opponent,
gloomier. ists and constant violations across Pakistan Tehreek-e-Insaf party’s
Pakistan quickly reacted to Akhtar’s the Line of Control that spills out to leader Imran Khan, fizzled out, the
expulsion by throwing out Indian become diplomatic snubs. Both coun- Supreme Court has ordered a probe
official Surjeet Singh, citing violation tries are under domestic compulsions, with the terms of reference almost
of the Vienna Convention—a sort of said Rakesh Sood, senior fellow at exactly as the opposition demanded.
tit for tat. Then on November 2, it Observer Research Foundation. And “Sharif has already been embarrassed
pulled out five officials, though there the narratives—parallel and complete- because of the destruction of the [ter-
has not been any official confirma- ly divergent—are being played out. rorist] camps [in PoK],” says Rana
tion from the High Commission on India has been pressing for action Banerji, former special secretary at
this. Their names had allegedly come on Pak-supported terrorism at every cabinet secretariat.
up during the investigations and in fora. From BRICS to bilateral meet- Then there is the transition in
Akhtar’s statements. An Indian offi- ings. Pakistan, on the other hand, has the Pakistan Army—General Raheel
cial who is involved in the investiga- been hammering on about human Sharif is due to retire this month.
tion said more moles were under the rights violations in Kashmir. Any There are four names doing the
scanner. “The ministry of external talk of isolation, a word that India rounds—Lt Gen Qamar Javed Bajwa,
affairs and the Intelligence Bureau has grabbed on with great delight, chief of general staff Zubair Hayat, Lt
are coordinating,” he said. is being seen as Indian propaganda. Gen Javed Iqbal Ramday (believed
It is said that the security of eight With America in election mode and to be Sharif’s choice) and Lt Gen
Indian diplomats in Pakistan has China having refused to be pushed on Ishfaq Nadeem Ahmad. “I would be
been compromised. Though there is Pakistan, talks are not on the agenda. surprised if Bajwa becomes chief of
no official confirmation on whether And won’t be for a while. army staff,” said Banerji. “There is
they would come home, it seems to “What is happening is a different also the post of the chairman of the
be just a matter of time. “There is no phase,” said Pakistani military com- joint chief of staff that has to be filled.
environment of friendliness,” said a mentator Ayesha Siddiqa. “It smells Ishfaq Nadeem, I would say, is on the
Pakistani official. And the “restric- like the 1980s, but it is different. Both best wicket.”
tions” seem to be more personal this sides are not talking to each other at Till the flux is over, it won’t be clear
time. all. Pakistan’s military is talking to its how Pakistan will play out the game
In June, the ministry of external own people and the Indian media is in the long term. And if Sharif man-
affairs asked Indian diplomats in propagating that Pakistan has been ages to survive, he will be pushed
Islamabad to make arrangements to take a harder line on India. His
for their children’s schooling out- biggest weakness at the moment, as
side Pakistan. The Pakistan foreign Siddiqa pointed out, was not cor-
office, however, has issued no such ruption but his failure to pursue the
advisory. “There was an incident in Pakistan’s military Kashmir agenda.
which a Pakistani child was picked on is talking to its own “The key question that the
in school,” said an official. “There is Narendra Modi government needs to
Pakistani bashing on television every people and the Indian answer is what action you can initiate
hour. Of course this will poison the media is propagating to change the behaviour of Pakistan.
minds of people. Children are no dif- By whom is the next question,” said
ferent.”
that Pakistan has been Sood. “If the answer is the army, then
This state of hyped-up hostility is isolated. the question is how will you do that?”
likely to continue—especially with Ayesha Siddiqa, Pakistani military The answer might not come through
the continuing infiltration of terror- commentator diplomatic solutions. ◆
40 THE WEEK NOVEMBER 13, 2016
CONTROVERSY
Uphill
struggle
P.T. Usha waited decades to enter Sabarimala.
Women who are not ready to wait, however, want
temple authorities to lift gender-based restrictions
BY CITHARA PAUL every year, has been at the centre of
a row ever since the Happy to Bleed
O
lympian P.T. Usha waited campaign began in protest of a com-
40 years to catch a glimpse ment made by Prayar Gopalakrishnan,
of her favourite deity, president of the Travancore
Swami Ayyappan of the Devaswom Board, which administers
famous Sabarimala temple, located the temple. Gopalakrishnan report-
in the Periyar Tiger Reserve in the edly said that any talk about letting
Western Ghats of Kerala. Last month, women inside can begin only when a
after observing vows for 41 days, machine is invented to scan their bod-
she trekked kilometres to reach ies to ascertain whether it is the right
Sabarimala and climb the 18 sacred time for them to enter the temple.
JIBIN CHEMBOLA
BY SONI MISHRA
I
n December 2013, Avani Bansal, who had just com- them have made it to the top levels, and even then, their
pleted her masters in law from Oxford University, calibre is under great scrutiny. Former Supreme Court
landed in the district court of Harda in Madhya judge Gyan Sudha Misra reportedly told a fellow male
Pradesh. She had made up her mind to begin her judge who was constantly questioning her understand-
career in litigation the hard way—taking up prac- ing of an issue, “Stop judging the judge, and start judg-
tice in criminal law in a trial court. She knew it ing the matter.”
would be tough, but that didn’t prepare her for the And, statistics prove it is a man’s world. There is
extremely hostile workplace. only one woman judge—Justice R. Banumathi—in the
Bansal, 28, who is about to start practice in the Supreme Court as against 25 male judges. Only six
Supreme Court, recalls how the male lawyers in the women have been appointed as judges of the apex court
trial court used every tactic under the belt to unnerve till now. The 24 High Courts in the country have only 64
her—from commenting on her attire to making snide women judges compared to 557 male judges, and there
remarks about her Oxford degree to getting outright is not a single woman judge in eight High Courts. While
hostile by yelling at her, ‘Zyada hoshiyari na dikhao at least 44 names were recommended by the Allahabad
[Don’t try to act smart].’ High Court collegium to the government recently for
“I was one of two or three women in a court where appointment as judges, only two of them are women.
hundreds of lawyers practised,” she says. “I was an odd- It took more than four decades after independence for
ity who was stared at, humiliated, who was either an a woman to be appointed as a Supreme Court judge. A
irritant for the male lawyers or a source of amusement. woman was appointed to the High Court only in 1959.
The lawyers were hostile, and the judges never repri- At no point have there been
manded them.” more than two women judges in
If Bansal, a new entrant, had to brave hostility borne the Supreme Court.
out of gender bias in a trial court, a senior lawyer like While women got the right to Cornelia Sorabji
Indira Jaising says she still has to tackle discrimination practise in 1922, Jaising became First female
in the hallowed precincts of the Supreme Court. “Even the first woman additional solic- lawyer (enrolled
after ‘I have made it’, my word is often treated as less itor general in 2009. The coun- in Allahabad
valuable than the word of a male lawyer,” she says (see try has not had a woman solici-
High Court in
interview). tor general or attorney general.
The bench appears to be no different, with women From 1992 to 2005, at the top 1922)
judges complaining of discrimination, too. Very few of three courts of the country—
44 THE WEEK NOVEMBER 13, 2016
COVER STORY
Supreme Court, Delhi High Court and Bombay High
Court—only one woman had been designated senior
advocate. The designations are on hold in the Supreme
Court till it decides on a petition filed by Jaising, urg-
ing for greater transparency in the nomination of senior
counsels.
Only 12 women have been designated senior counsels
by the Supreme Court so far. Only eight women have
got that distinction in the Delhi High Court and six in
the Bombay High Court. The Allahabad High Court,
one of the oldest in the country, has had only one senior
woman advocate.
Women lawyers face problems right from when they
enter the field. Rucha Anant Pandey, 24, who started
practising at the Nagpur bench of the Bombay High
Court a few months ago, says her initiation into the field
was in a trial court in Pune, where she handled criminal
cases along with a senior. Everyone in the court, from
the bailiff to the court clerk to male lawyers asked her,
“Madam, kya kar rahe ho [What are you doing here]?”,
AAYUSH GOEL
1
if they are, they are branded as cantankerous or rude.
Former Delhi High Court Chief Justice A.P. Shah
female judge and
recalls having once recommended a woman lawyer as
25
a judge, but she was rejected apparently because she
male judges in the Supreme Court
was ‘rude’. “If a male lawyer replies in a certain man-
(sanctioned strength 31)
ner to a judge, it is usually taken in the stride. But if the
individuals,” says Supreme Court lawyer Shilpi Jain. appointment as judges of the High Courts.”
If you are aligned to a chamber or are related to a Women lawyers have to be extra careful about how
judge or a senior lawyer, you are a part of this club. It they dress up, too. A retired judge of the Delhi High
helps to have a godfather, says a lady judge in a dis- Court is still remembered for his nasty comments on
trict court in Delhi. She says there are many examples the attire of women lawyers. It is said that women were
of women who have made it because they were either scared to appear before him because of his comments,
related to a judge or a senior lawyer or were affiliated which ranged from “Are you dressed up for a party?” to
to a certain chamber. “You are so focused on your appearance that you cannot
The attitude of clients is also not very encouraging. even remember to take the next date from me.”
Trivedi talks about clients getting the case file pre- Women judges are also at the receiving end of sex-
pared by a woman lawyer, but wanting their case to be ism. There have been instances of losing male lawyers
argued by a male lawyer. Also, women lawyers are seen foul-mouthing them. A woman judge in Karkardooma
as suited to handle family law cases and social issues, courts in Delhi filed an FIR when she was subjected
and not trusted with high stake cases. Former Supreme to sexist abuses by a lawyer. But her own chief judi-
Court judge Sujata Manohar said the inability to get cial magistrate reportedly asked her to withdraw the
cases is the main reason why women are losing out on complaint.
judgeship. “Women still find it difficult to get litigation A retired woman judge of the Supreme Court said
work. As a result, there are very few successful women there was acceptance of judgments passed by her only
lawyers practising at the bar. So women lawyers rarely if they were upheld by a larger bench. Once a woman
figure among lawyers from the bar being considered for has reached the top levels in the profession, she has to
work even harder to avoid any slip up. “One small mis-
take, and the males in the profession immediately turn
around and say, ‘ye to aurat hai [she is a woman, after
all]’,” says Arora.
There is also the issue of sexual harassment of wom-
en in the field, and this is said to be an important reason
10 to 15%
of 17 lakh advocates enrolled with
No arguments: Clients prefer their cases to be argued by
male lawyers, says Supreme Court lawyer Malvika Trivedi
the bar councils are women
12
Female senior advocates in the
Supreme Court so far
chairperson or vice-chairperson
of the Bar Council of India
46 THE WEEK NOVEMBER 13, 2016
COVER STORY
Reservation
will help women
BY SONI MISHRA
J. SURESH
When I went to law college, there (1989-1992)
were only five girls in my class in
the first year. The number went
down to two or three in the second tunity for women to be appointed as Seth, who was the first woman chief
year. Today, in law colleges, we are judges in the Supreme Court, as the justice of a High Court, and [there
seeing that a good percentage of the strength of the apex court has also was ] Sujata Manohar.... When we
students are women. increased. When I was appointed to adjudicate, we cannot discriminate
However, in the higher judiciary, the Supreme Court, there were ten between man and woman. We have
the percentage of women judges is judges. Now, the sanctioned strength to look impartially at the problems
not very good. It is just nominal. is 31. of all citizens.
In the Supreme Court, at any time, Is it not true that a lot of these What do you think should be done
there are not more than one or two women, when they graduate, choose to increase the representation of
women judges. corporate law over litigation? women in higher judiciary?
Is the court a hostile place for When I graduated, the field was much It depends on what view is taken by
women lawyers? narrower. You could become either the government and the authorities.
When a woman starts practising, a civil lawyer or a criminal lawyer. However, there should not be any
there is a lot of opposition from Now, the graduates, including wom- discrimination between candidates
society. I do not think there is any en, have options to specialise in dif- on [gender basis]. A woman should
opposition from either the judges ferent fields. That is a satisfactory, get equal treatment and equal con-
or the lawyers. Everyone, man or healthy practice. Earlier, if you had a sideration.
woman, has to persevere and will law degree, you would have to work How do you look at the idea of
rise slowly and steadily in the field. as a junior with an advocate and wait reservation for women in the
The number of women in law col- to get established. The whole thing higher judiciary?
leges is increasing. That will reflect has changed. Now, women are start- If there is reservation, more women
in the number of women lawyers ing their own firms very young. will get a chance to be appointed in
and judges in times to come. These How have women judges the higher judiciary. When there is
girls are very smart and very tal- contributed to jurisprudence? competition, a few get in. With res-
ented. We have had some notable names ervation, the number will definitely
There should be greater oppor- among women judges, such as Leila increase.
THE WEEK NOVEMBER 13, 2016 47
why women leave the profession. Jaising said she was required in litigation. “I have left my children in fever to
subjected to sexual harassment in the Supreme Court come to work. As soon as a woman lawyer cites a domes-
two years ago. She calls the menace “the hidden dirty tic issue, she is labelled unprofessional,” says Trivedi.
secret of the legal profession.” She is now fighting the No wonder, the dropout rate of women lawyers is
case of a woman judge in Madhya Pradesh who had to very high. Arora says 40 women joined practice with
resign after she made a complaint of sexual harassment her in the Supreme Court; three or four years later, only
against her senior. four or five were left. The situation is not very different
It is ironic that the Supreme Court, which issued the even now. Pandey says her class that passed out from
Vishaka guidelines for protection of women against the National Law University in Raipur in 2015 had girls
sexual harassment at the workplace in 1997, set up a and boys in equal proportion, but only three of the wom-
committee to deal with complaints as required by the en students have taken to litigation.
guidelines only in 2013. A large number of women lawyers are opting for the
The committee has received two complaints so far, corporate sector, joining private companies or banks
says Prerna Kumari, general secretary of the Supreme and corporate law firms. And, the main reason for this
Court Women Lawyers Association. is their inability to break the glass ceiling.
“Action was taken in one case. The entry Justice M. Fathima Beevi, the first wom-
of the lawyer was restricted. In the other an judge of the Supreme Court, says in the
case, the complainant was not interested higher judiciary, the percentage of women
in pursuing the matter further,” she says. Anna Chandy judges is not very good. “It is actually just
Working conditions for women law- First female nominal…. We need to look into the rea-
yers with regard to infrastructure, such High Court sons for that,” she says (see interview).
as lack of proper office space and toilets, The standards applied to a woman when
judge (1959)
are an issue. Also, many find it difficult to considering her for elevation are higher
balance family with the long work hours than those applied to a male judge, says
48 THE WEEK NOVEMBER 13, 2016
COVER STORY
Misra. “I would say that this happens unconsciously,” had, and it is said that when she was on bench, she was
she says. “I guess lack of faith and belief in the abilities the one who really wore the pants.
of women is still rooted in society and more so in the Manohar points out that where an examination is
male psyche and we prefer to have their token pres- involved, there is a good number of women qualifying
ence, especially in the higher judiciary, more for the as judges. “There are more women in judicial service as
sake of symbol rather than their equal participation.” the selection is by an examination and interview. Those
A major reason for many deserving women not get- who reach the position of district judges are considered
ting designated as seniors or not getting appointed to for appointment as High Court judges. This is a slow
the higher judiciary is said to be their inability to lobby process and any discrimination in promotion would
for those posts. “I cannot go to a party and hang out affect a woman judicial officer adversely. This results in
there with the guys, holding on to a drink or bringing less women judicial officers reaching the High Court,”
a judge a drink,” said a lady judge in a district court in she says.
Delhi. Supreme Court lawyer Sneha Kalita, who has inter-
There are complaints about lack of transparency in vened in the apex court’s hearing on the National
designation of women as senior counsel. There is a Judicial Appointments Commission on the issue of
theory in the legal circles about how former Supreme appointment of women judges, says a proper selection
Court judge Ruma Pal was denied the chance of becom- procedure with transparency and accountability needs
ing India’s first woman chief justice simply by ensuring to be set up. “There are many eminent women judges
that she was sworn in later than a male colleague. Pal is and senior lady lawyers. Why should they not be cho-
recognised as one of the finest judges the country has sen?” she asks.
50 THE WEEK NOVEMBER 13, 2016
COVER STORY
UK’s like us
The picture in the higher judiciary in the
United Kingdom is not very different
from India’s
20.90%
SAMEER JOSHI
According to the Solicitors Regulation
Authority, there are 9,000 law firms in
England and Wales, employing 1,70,000
Ripple effect: Former Supreme Court judge Sujata Manohar
people. Of these, female solicitors
account for
47%
says the inability to get cases is the main reason why
women are losing out on judgeship
as do the Bengalis.
'Trump' card
Yet, there is a certain cohesive-
ness in the diaspora, especially in
their outlook towards their adopted
homeland. So, while organisations
like ‘Friends of BJP’ and Vishva
The Indian-American vote bank may be Hindu Parishad take a keen interest
in Indian elections, and while some
inconsequential, but the Republican candidate outfits have used these shores to fuel
is wooing the diaspora separatist movements like Khalistan,
when it comes to affiliating them-
BY REKHA DIXIT/Washington, DC loved “Hindu” and that India will selves with US politics, there is a dif-
have the best friend in White House. ferent set of criteria.
I
t was indeed an achievement. The event was reported with glee for The rule of thumb is that the dias-
On October 14, Donald Trump people back home. pora is largely Democrat inclined.
attended a fundraiser organ- What did not get much reportage According to Pew Research Centre,
ised by the Republican Hindu was the gathering of Indian-origin two-thirds support Democrats and
Coalition (RHC) in New Jersey. It has Americans outside the event, holding one-third, Republicans. “The new
been the only event of an ethnic group “Not fit to be President” and “Dump migrant comes to work, and the
that Trump has attended ever since Trump” placards. Democratic party is pro-labour. But
he announced his presidential run. The Indian diaspora is quite small over the years, when the migrant
The event was spangled with starlets in the United States. Yet, it tends to becomes a businessman, he may
from India and had quite a turnout be cliquish. The Hyderabadis stay tend to become a Republican sym-
of Indians who are ever ready for a together, the Gujaratis congregate pathiser,’’ explains Pawan Kumar,
dose of desi naach gaana. Trump, of at Swaminarayan temples, while author and IT consultant in Atlanta.
course, aced the event by saying he Malayalis seek other Malayalis, Shalabh Kumar, the founder of RHC,
THE WEEK NOVEMBER 13, 2016 53
C
Republican would have done so for ongressman Ami Bera
any candidate from the party. In represents the 7th district makes us strong, not just in India but
this context, Trump is not the rally- of California, which includes in America, too. The entire Asian
ing factor,” says Pawan Kumar, add- Sacramento. It is apt that the only community, not just Indians, rejects
ing that if at all the votes have been sitting Congressman of Indian Trump.
split, it would have been in Hillary’s origin be from a state that has a How much will the Congress and
favour. Several people have pointed high population of Indians. Bera, Senate change in colour post election?
out that the hype was targeted at the who is seeking a second term, says Hillary will be president. Democrats
audience in India, especially in the these elections are historic from the will be able to get back a small majority
follow-up advertisement in which diaspora's viewpoint. Excerpts: in the Senate and improve their
Trump is made to say: “Abki baar This election is seeing several Indian numbers in the Congress by around 20.
Trump sarkaar.” Scratch beneath the origin candidates with good chances What will be the new president’s first
surface, Kumar says, and Trump’s of winning. We should see more big challenge?
ignorance of India is ridiculous. “He than one Indian face in the Congress, To bring the country together
mixed up the Mumbai terror attack right? after these divisive elections. The
with the Parliament attack,” he says. I’m working hard to get re-elected. Republicans and Democrats will have
When Trump’s daughter-in-law, Raja Krishnamoorthi from Illinois is to start to negotiate. We need a normal
Lara, visited a Hindu temple in having an easy campaign. Pramila Republican party. Trump is so out of
Virginia for a pre-Diwali celebration, Jayapal from Seattle is running a mainstream.
it was again more publicity than vote tough race but is in a good place. You accompanied President Obama
garnering. The RHC is a newly mint- Kamla Harris (half Indian, half on his trip to India. How do you see
ed organisation, formed on the lines Jamaican) is likely to get elected yourself in enhancing Indo-US ties?
of, and with help from, the powerful to the Senate. From the point of I will continue to be the co-chair of
Republican Jewish Coalition (RJC). the diaspora, this will be a historic the Indo-US caucus. The diaspora will
As of today, it does not have clout. But election. have a bigger role in Indo-US ties. We
with Kumar himself having contrib- You think a strong contingent of will take forward the momentum of
uted $2 million to the Trump cam- minority representation could the Obama government to the Clinton
paign, it didn’t hurt the businessman reduce the polarisation in the administration. It is not just the elected
Trump to make an appearance at the country? representatives, but people like Rich
event. When there is more diversity in Verma [US ambassador to India] and
There is the undecided Indian vot- the Congress, you can push back Nisha Biswal [assistant secretary of
er—a rather slim percentage. Shalini rhetoric like Trump’s. That is why it is state], who are key members of the
Das, for instance, is a registered important for people to participate in government, who help strengthen
Democrat at San Jose. But she is not these elections. This time, diversity is ties between the oldest and biggest
a fan of Hillary, who for her embod- not just with ethnicity, we may also democracies.
ies all that is ‘stuffy’ and ‘Washington-
54 THE WEEK NOVEMBER 13, 2016
US ELECTION
centric’ in American governance.
Interview/A.D. Amar, president, Indian Americans for Trump “Trump made valid points initially,
but every time he says something
A
mong the first of the Indian American jobs”. This was in the initial
diaspora to come out in support chuck climate change commitments. phase of his campaign. Later, he said
of Donald Trump, Amar Dev We have lost so much to China that he admired Indians and that is the
Amar took the lead in setting up the it’s natural for the nation to feel we stand he has taken ever since. Even
political action committee Indian shouldn’t be helping clean up China- during his final primary debate, it
Americans for Trump 2016 and was created pollution. Obama inherited was in a tone of respect that he spoke
elected its president. a trade deficit with China of $226 about India’s 8 per cent growth rate.
The management professor at the billion in 2008. Last year, it had risen The Indian vote bank is small—the
Stillman School of Business at Seton to $367 billion. population is only around 2.8 mil-
Hall University, New Jersey, explains The US doesn’t have jobs, 27 million lion, and not all are of voting age. Yet,
why Trump is good for the US and for are on food stamps, 47 million below according to the US Census of 2010,
India. Excerpts: poverty line. We have to increase it is the fastest growing population,
Trump’s campaign is losing steam. our manufacturing, not worry about having jumped by over 60 per cent in
No, his chances are better today than China’s air. a decade.
at any point in the campaign. As How do you think his relations will Again, just half the diaspora is
people get to know the candidates, be with India? We have made joint actually Hindu, according to Pew
and are presented with facts, they commitments on climate change. Research Centre. Ten per cent are
understand just why Hill-Bill are not Trump will be India’s natural ally. Muslim, and 18 per cent—including
the right people to lead the country. Republican governments are always many prominent members like Jindal
What are your observations on better for India. George Bush helped and Haley—identify themselves
Trump’s recently released 100-day improve ties, Bill Clinton just talked. as Christians. The communal card
plan in office? Trump says he likes Hindus. India is can have only that much effect on a
If he is able to achieve even half of it, not made of only Hindus. population that is so diverse, unlike
the US will be much better from the It was a natural interchanging of India the RJC, which is religion centric. A
point of trade, immigration, condition and Hindu, something many people diaspora which wants to make itself
of veterans and condition of inner still do. He is not against Muslims, he an important pressure group in
cities. America is in bad shape, and is against Islamic terrorism. America knows it cannot do so on
communal lines. ◆
56 THE WEEK NOVEMBER 13, 2016
SOCIETY
WOUNDS TIME
CAN’T HEAL
Months after 21 people went missing from Kerala, their loved
ones continue to hope against hope
BY KARTHIK RAVINDRANATH
Missing and missed: Nimisha aka Fathima with her mother Bindu and
grandmother. The selfie was taken when she visited them after conversion
THE WEEK NOVEMBER 13, 2016 57
adne and Trikaripur, two quaint vil- recruited to Islamic State through
lages in Kasaragod district, were social media. The agency has report-
home to 17 of 21 people who report- edly sought Interpol’s help for inves-
PHOTOS COURTESY: BINDU K.
Mansion of gloom:
Hamza Sagar in
Kasaragod, Kerala—
home of Abdul Rahman.
Eight of the missing 21
are from his family
KARTHIK RAVINDRANATH
“Seeds of fundamentalism are pres-
ent in Kerala. There are groups who
say that the Quran is the constitu-
tion or that Islam is science. If these
groups take up arms, that becomes
religious terrorism,” says Karassery.
“What is required is a progressive Many of the missing youth appar- considerations,” he says.
understanding of holy texts. Rather ently believed in the Salafi argu- While the debates continue, the
than copying things like goat farm- ment that one cannot practise pure families of the missing youth live
ing literally, one must follow the Islam if one lives in an “unislamic on prayer, dreading the purported
Prophet’s philosophy. Contrary to nation”. Author and journalist P.K. IS link. Though many of them seem
popular belief, the Prophet did not Parakkadau says Salafi organisa- to be losing hope, Bindu K. from
force people to join Islam, and he tions should introspect if extrem- Thriuvananthapuram, whose daugh-
showed tolerance towards Christians ist Salafism is making militants of ter Nimisha embraced Islam and
and Jews,” he says. the youth. became Fathima, believes that her
Ramanunni says one should not He, however, says the media has daughter will come back.
blame an entire community for the been unfair to the Muslim communi- Bindu’s fight for her daughter began
mistakes of a few. “Our approach to ty. “There is more coverage of issues long before the missing 21 hogged
such problems is important. Muslims related to Islam than other religions headlines. After Nimisha failed to
here should not be isolated. Ours is a in India. A more factual examination answer her calls in November 2015,
pluralistic society and even though is required and equal justice should Bindu found out from Nimisha’s
religious fundamentalism has taken be ensured for all, without religious friends that she had converted to
root here, our secular fabric is still our
greatest strength,” he says.
Renowned writer and civil rights
activist M.N. Karassery says all reli-
gions are suffering from an overdose
of devotion and a lack of logic. “I see
these incidents as a higher form of Rather than copying things like goat farming
this trend. Our culture is influenced
by three thoughts, Anglicisation, literally, one must follow the Prophet’s philosophy.
Arabisation and Aryanisation. The Contrary to popular belief, the Prophet did not
last two are related to religion and
this is distancing us from logic,” force people to join Islam.
he says. K. P. Ramanunni, author
THE WEEK NOVEMBER 13, 2016 59
PTI
Islam and was in love with a Christian that, in May, Nimisha and Bexen vis-
convert to Islam. ited Bindu again and told her that
Nimisha later told her that she they would be going to Sri Lanka to
had married the youth, Bexen who set up a carpet business.
became Eesa, and was at Palakkad Even though Bindu protested, The plot thickens: IS-inspired
with his family. On Bindu’s com- they left in two days. “That was the operatives arrested by the NIA
plaint, the police took the couple last time I saw my daughter. They from Kannur and Kozhikode ; (top)
into custody but let them off as they informed Bexen’s family of my grand- Arshi Qureshi, an employee of Zakir
were adults. child’s birth,” says Bindu. Naik’s Islamic Research Foundation,
“After that I could not get her on Remembering an incident that was arrested from Navi Mumbai for
the phone, so I started messaging gives her hope, Bindu says, “When facilitating forced conversions
her on Facebook. After about two they went to Mumbai, Nimisha told
months I got a reply,” Bindu recol- me that she saw a beautiful dress and
lects. Nimisha replied that she and when I asked her why she did not buy
Bexen were going to visit Bindu at it, she told me, ‘what use is there in
Thiruvananthapuram. “She told me wearing that dress under this burka’.”
that she wanted to see me. We share “So I understood that she was not
a strong bond and I was sure that completely convinced about her new
she cannot stay without seeing me lifestyle,” says Bindu. “I firmly believe
for long. She told me that she would that she was brainwashed and that
be wearing a burka and I told her it she will come to her senses. I hope
was okay.” she will be able to escape.”
After Nimisha visited Bindu, their Bindu knows that even if Nimisha
relationship was mended. Bindu comes back, she will probably be tak-
accepted the conversion and mar- en into custody, but she says that she
riage, and they often talked on the will at least know where her daughter
phone. Later when Nimisha became is. She is prepared to fight tooth and
pregnant, Bindu planned to go to nail to bring Nimisha home. It is this
Palakkad to look after her. But before hope that sustains her. ◆
60 THE WEEK NOVEMBER 13, 2016
I
t was just before sunset. The crew of script I felt Cesar had his finger on an aspect
Thinking Of Him were preparing for a of Tagore that we, in India, are mostly ignorant
shoot on a platform under a mango tree about—that Tagore was a social activist and a
in Santiniketan. The scene was the fare- reformer who felt deeply about our tribal and
well gathering of Felix, an Argentine who had agrarian brethren and did something positive
taught at Visva Bharati. Renowned Argentine for them. Argentinians remain fascinated by his
stage and film actor Hector Bordoni was playing approach to education and liberal arts, which was
Felix. Director Pablo Cesar, also from Argentina, unique a century ago.”
wanted an emotional parting between Felix and About the Tagore-Ocampo relationship,
his student Kamali (actor Raima Sen). Banerjee said, “Theirs was a meeting of minds.
But, the shoot was stalled. The university told Her adoration of his creative intellect and his
producer Suraj Kumar that the red-cement- admiration for a woman of substance, who had
ed podium was sacred ground. It was where the sensitivity and brains to interpret and com-
Rabindranath Tagore and Mahatma Gandhi had prehend his thought processes.”
sat together to discuss national issues. After much The theme was suggested to Cesar by R.
coaxing, Sisir Sahana, principal of Kala Bhavana Viswanathan, former Indian ambassador to
(Visva Bharati’s art school), came to supervise the Argentina. “I knew that Ocampo was thrilled
scene. By then dusk had set in, and Cesar called reading the French translation of Gitanjali,”
it a day. Cesar said. “Her desperation to see Tagore,
He then held a rehearsal of the unfinished take, In the when he stopped in Argentina en route to Peru,
under a banyan tree close by. The scene had Felix moment: was something worth noting. She rushed to the
meeting his students one by one, and shaking Actor Hector hotel where Tagore was put up and took him to
hands with them. When it came to Kamali, Felix Bordoni, who her own place in Buenos Aires.” The house was
hugged her, prodding Cesar to shout, “Cut!” plays Felix, converted into a Tagore memorial after Ocampo’s
“No, the hug is not in the script and you on the set in death in 1979.
cannot do that,” Cesar told Bordoni, who looked Santiniketan Ocampo’s marriage was on the rocks when
perplexed. But, the director was adamant. He she met him. Her interest in him grew after he
later said he was being cautious, as the subject
of the film was delicate. A smiling Sen clarified,
“Bengalis are very sensitive when it comes to
Tagore. Indians are very touchy about their
legends.” It is amidst such restrictions that the
shooting of Thinking Of Him has been going on
in Santiniketan, Tagore’s workplace.
The film deals with a rare subject—the rela-
tionship between Tagore and Argentine writer
Victoria Ocampo. Cesar has taken up a controver-
sial issue that Bengalis avoid discussing in public.
A joint venture between Johnsons-Suraj Films
International and the government of Argentina,
the film will look at the platonic love and mutual
admiration shared by two intellectuals from dif-
ferent continents.
Thinking Of Him will be shot in India and
Argentina. It will be released in four languag-
es—Bengali, English, Spanish and French—with
subtitles in English. In Argentina, the film would
look into the relationship between Tagore and
Ocampo, between 1924 and 1930. In India, there
will be a parallel story between Felix and Kamali
in the present day. Actor Victor Banerjee plays
Tagore and Argentine actor Eleonora Wexler
plays Ocampo.
Banerjee told THE WEEK: “When I read the
THE WEEK NOVEMBER 13, 2016 63
T
afford their heartbreaks, emotional indulgences and aslima Nasrin’s Published by Penguin
the subsequent pain-turned-profound prose through story of exile is well Books India,
expensive trips in private jets, dancing to the trend of known. But, behind Price 1599
silent disco in nightclubs and luxurious satin sheets. the controversies, and the Pages 342
Ayan (Ranbir Kapoor) and Alizeh (Anushka Sharma) the politics surrounding
meet at a nightclub in London, and after a drunken clumsy her departure from Bengal, you go away for a while.
attempt at chemistry, turn into best friends. Alizeh, who is a deep loneliness. Nasrin: What do you
has moved to London Exile explores this story. mean?
following a heart- Nasrin’s side of the tale PM: I mean you have to
break, spends her is often ignored because leave Kolkata, at least for a
time learning filmy of her statements. Exile few days.
dances and languages. shows the vulnerability of TN: Where do I go?
Ayan is struggling to living in a country where PM: Go to Europe.
do his MBA while his she might be protected, but TN: Europe? But it’s not
heart beats to become is not always welcome. as if I have a house there
the next Mohammad She brings alive the somewhere!
Rafi. Both share a love despair of being locked PM: Then make some
for classic Bollywood up for days, and the sheer arrangements.
songs, which gives Film: Ae Dil Hai Mushkil enormity of being unwant- The conversation goes
Johar a chance to doff Director: Karan Johar ed in a country that is clos- on, with him suggesting
his hat at iconic styles Cast: Aishwarya Rai Bachchan, est to home. Evocative, that she go to the US or
of the ‘80s and ‘90s, Ranbir Kapoor, Anushka Sharma moving, honest and often anywhere else in India.
and refer to his earlier Rating: ★ ★ ★ censorious of several well- The hounding continues
films. known figures, the book is and her landlady hikes the
But heartbreak must strike, and Ayan seeks solace and a glimpse into the claustro- rent till Nasrin is uncer-
sexual expression in an older, nattily-dressed poetess, phobic world Nasrin lived emoniously flown out of
Saba (Aishwarya Rai Bachchan), who indulges in lyrical in. Kolkata. The book makes
banter with her former husband, an artist, played by— “This exile, it has torn for disturbing reading. As
surprise surprise—Shah Rukh Khan. me up, like a rabid animal does her stint in the safe
Love becomes a chhuk-chhuk train, one loves the oth- digging its talons deep into house, where she is not
er who loves another. There is some genuine acting by its prey. My house, my even allowed a doctor.
Bachchan for a change and good work by Sharma. Kapoor cat, my books, my friends, Finally, she had to leave
comes into his own with this one, in a role way better and and my life—I have had to India with a one-way ticket
somewhat reminiscent of Imtiaz Ali’s Rockstar. trade all of this and more, to Stockholm.
This candyfloss be made with a healthier sugar alter- in exchange for months The book is about sur-
native? spent in uncertainty in an vival. And, Nasrin is a sur-
What is central to the idea of the film is the attempt unknown dark, musty, old vivor. Back in India now,
to explore unrequited love through a complex idea of house,’’ she writes. The she writes in the preface
friendship between a man and woman that must tran- interactions with her cap- to the book, “Freedom of
scend vanities and needs. Political controversy, call for tors—as she continuously speech is the freedom to
jingoism and refusal to work with Pakistani actors in the refers to them—are surre- say something you might
future did not dent the audience’s rooting for across- al. Sample a conversation not want to hear.” And,
the-border actor Fawad Khan, when he appears in the between her and police this is a story—one that
film as DJ Ali. The irony couldn’t be more apparent. commissioner of Kolkata, India clings to as a badge
Prasun Mukherjee: of honour—with a darker
must watch ★ ★ ★ ★ ★ excellent ★ ★ ★ ★ good ★ ★ ★ yawn ★ ★ Mukherjee: I suggest side to it. ◆
THE WEEK NOVEMBER 13, 2016 71
Let’s talk:
(From left)
Sourish
Bhattacharya,
Satya
Sivaraman
and Sunita
Narain dur-
ing the panel
discussion on
‘Soda Politics’
O
n a Wednesday evening larise these products.” the entire world as witness and target
in September at Delhi’s Bhattacharya talks about how in at once, how do we place a plea for
India Habitat Centre, the battle of the languages, an alter- responsible public expression?’
what looks like any regular native can be created. “Chefs at pop- These questions will be explored
weekday discussion is about to begin. ular establishments are talking about through panel discussions, an art
However, two experts, who would replacing sugar with alternatives like exhibition curated by independent
make an unlikely pair otherwise, take jaggery and honey,” he says. “The critic Deeksha Nath and supported
their positions on the panel. On one popularity of the ‘turmeric latte’ is the by the Raza Foundation, an art appre-
side is noted environmentalist Sunita language of alternative food now. The ciation workshop by critic Sadanand
Narain and on the other is food and idea of cool is changing.” Menon and a love poetry translation
wine critic Sourish Bhattacharya. Language. The key word here. This contest, while speaker for the inau-
The topic is ‘Soda Politics: The event was part of a monthly conversa- gural session, Gandhian activist Ela
Language of Sugar and Fizz’. The tion series called No Tongues Barred, Bhatt, will talk about ‘empowerment
title has been spun off from a recent a buildup to the sixth edition of the as verb: the power of voicing’.
book—Soda Politics: Taking On Big ILF-Samanvay festival that will be “This is a languages festival. There
Soda (And Winning)—by American held in Delhi from November 5 to 7. are more than 3,000 languages in this
public health scholar Marion Nestle. “Since last year, our attempt has country. We have no record of many
The book is about the language used been to slowly but steadily evolve of these,” says Raj. “In a year we can-
by brand managers to make fizzy a cultural discourse relevant to our not represent all, so we choose focal
drinks aspirational for its consumers. times, and not polemical or commer- languages from different regions of
Narain explains: “Advertising has cial in its intent,” says Rizio Yohannan the country.”
sold us water and sugar and created Raj, writer-educationist and creative Besides conversations, language
an addiction. It is in with keeping director of the festival. “The aim is to and cuisine will come together, and it
the interests of the sugar industry. take people along, make them stake- will include an artists’ counter where
It is the regulatory failure on these holders, which these year-long con- recipes from participating writers
companies that [what] happened in versations unravelling the threads of such as Volga, Patricia Mukhim,
the US is now happening in India.... the main theme of the year try to do.” Mahendra Majhi will be featured. ◆
76 The Week RNI.KERENG/36122/82, Registered No. KL/KTM/57/2015-17, Licence No. KL/CR /KTM/ WPP-05/2015-17.
Licensed to post without pre-payment Published on Friday 4th November 2016