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Editor's Note:Editors Note 08-03-2014 14:35 Page 1

EDITOR’S NOTE Rubix, the name of the magazine has been derived from the Rubik’s cube, which we have all tried to solve at least once in our lives. After trying incessantly for hours, twisting the cube in all possible ways, we all give up.

However, the first step in solving the cube is to realise that all the edges, and the corners are joined at the centre. If you try to move one block, the other moves automatically. It is synonymous with our society, its interdependence and its co-existence.

The reporters have gone in different directions and have pulled out stories ranging from politics, law, gender, art and entertainment, almost everything that binds us all.

I am grateful to my contributors, design editors, copy editors and photo editors for their dedication.

I take this opportunity to thank Mr. Obaid Siddiqui, Director, AJK MCRC. I would also like to thank Ms. Zehra Kazmi, for her constant support. Lastly, thanks to our technical staff, Mr. Azam Usmani and Mr. Javed Sultan.

Vatsala Singh Editor

EDITOR

COPY EDITORS

Vatsala Singh

L Jayashree Prerna Lidhoo Sanat Sinha Vatsala Singh

PRODUCTION EDITORS

Aaqib Raza Khan Shadab Ahmad Moizee DESIGN EDITORS

Aaqib Raza Khan Sabeela Rasheed Shadab Ahmad Moizee Ursila Ali

PHOTO EDITORS

Muhammad Faisal K Sharib Suhail

ADOPTION AT CROSSROADS

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CONTENTS

MARCH 2014

4 DISABILITY BILL PARALYSED?

POLI‘TEA’CAL PARTY

WEAPON OF MODESTY

GOND HUES

BREAKING THE PHOTO STORY: MIGRANT STREET SILENCE VENDORS

14

17 NECROPOLIS OF SIRI

DELHI-NCR ‘AUTO’PLAY

24

12

9

6

26

21 REVIEW: THE ACT OF KILLING

28

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ADOPTION AT CROSSROADS Recent Supreme Court ruling which gave Muslims the right to legally adopt a child under the Juvenile Justice law has triggered a debate. It stands contrary to the Muslim personal laws.

Shadab Ahmad Moizee

‘A

dopting one child will not change the world, but for that child, the world will change.' This phrase describes the recent Supreme Court (SC) ruling on Feb 19 which gave Muslims the right to legally adopt a child under the Juvenile Justice (JJ) law. This verdict envelops a debate regarding adoption.

The SC ruling came after an eight-year old petition by human rights activist Shabnam Hashmi.

When Shabnam Hashmi decided to adopt a baby girl 17 years ago, she approached an adoption home.

Subsequently, she was informed that as a Muslim, she could only be a guardian or a care taker of an adopted child under the Guardian and Ward Act, 1890 because Muslim personal laws do not consider an adopted child as the inheritor of the father's name.

The apex court bench of Chief Justice P. Sathasivam, Justice Ranjan Gogoi, and Justice Shiva Kriti Singh ordered in its judgment that “personal beliefs and faiths, though must be honoured, cannot dictate the operations of the provisions of an enabling statue.” The personal law would continue to prevail, but in adoption cases, if a member of a minority community takes recourse to the Juvenile Justice (Care and Protection of Children) Act, 2000 which is in conflict with the personal law, the Juvenile Justice Act will prevail, “until such times that the vision of a uniform civil code is achieved.”

“The Juvenile Justice Act (JJ Act) 2000 is a secular law enabling any person, irrespective of the religion he professes, to take a child in adoption,” said the judgment.

Before the amendment in the JJ Act, minorities like Muslims, Christian, Jews, and Parsis who adopted children were only allowed “guardianship” until their wards turned 18. They were not recognized as legal parents, and their adopted children did not have inheritance rights but in 2006 the JJ Act was amended to give adopted children “all rights, privileges and responsibilities” guaranteed to biological children.

Hashmi said, “This ruling is a souvenir, it gives happiness to all the parents or childless couples who want to adopt a child and it also gives love and better living to an orphan.” She also pointed out that the SC has not given any separate law, but only expanded the scope of the existing law (JJ Act) for people of all communities to adopt adding that “It is an optional law, no one can force anyone to adopt. If Muslims want to follow Islamic laws, no one is stopping them.”

“From last 17 years, I am a guardian of my daughter ‘Seher’ but after this Supreme Court Judgment, I am legally her mother and also she has rights in my property like my biological child,” Shabnam Hashmi said.

She also questioned the All India Muslim Personal Law Board stand arguing that “India is a secular country and we have civil rights then why personal laws of any community are stopping us and interfering in our freedom?”

However, All India Muslim Personal Law Board (AIMPLB) spokesperson Abdur Raheem Qureshi said, “The judgment interfered with fundamental rights guaranteed under Article 25 of the Constitution. We are mulling legal options, including seeking a review

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of the judgment."

He described AIMPLB's reason for opposing the petition in Supreme Court and said, “Islamic law professes what is known as ‘Kafala’ system under which the child is placed under a ‘Kafila’ (guardian) who provides for the wellbeing of the child including financial support and thus is legally allowed to nurture the child but the child is not the true heir of the adoptive parents.

The Board contended that the ‘Kafala’ system which is recognized by the United Nation’s Convention of the Rights of the Child under Article 20(3) is one of the alternate systems of child care. It is contemplated by the JJ Act 2000 and therefore the direction should be issued to all the child welfare committees to keep in mind and follow the principles of Islamic law before declaring a Muslim child available for adoption under section 41(5) of the JJ Act 2000.

“

It is an optional law, no one can force anyone to adopt. If Muslims want to follow Islamic laws, no one is stopping them.

-Shabnam Hashmi

”

Countering the claim, Shabnam Hashmi said, “Adoption is practised in various forms in many Muslim majority countries. Even, in India unofficial adoption within families is practised without any legal problems.

But when legal angle is sought, then AIMPLB has issues in the name of religion and personal laws."

On the issue of adoption, Padma Shri Professor Akhtarul Wasey, Director of Zakir Husain Institute of Islamic studies, New Delhi said that adoption is not prohibited in Islam, but it is distinct from general practices and customs of adoption in other nonMuslim societies.

“Childless couples can adopt children such that they have legal rights over them to care and to nurture but also the adoptive parents have the option of bequeathing up to thirty percent of their total estate to non-inheritors such that no one can stop them,” Wasey said.

He added, “some people are creating a myth that Islam is against adoption, because they are not aware about ‘Sharia’ which is the Islamic law. In fact, Prophet Muhammad (pbuh) had himself adopted a child ‘Zayed bin Harithah’. Zayed was again called Zayed bin Harithah and not Zayed bin Muhammad (pbuh). It should be noted that this change in the name could not decrease the inordinate affection between the Prophet Muhammad (pbuh) and his adopted son, Zayed bin Harithah.”

Helping young lives. Photo: Shadab Ahmad Moizee

He also stressed that taking care of orphans is an act of piety or devoutness in Islamic thought.

AIMPLB gave their clarification on the issue through the Islamic version noting that the Qur’an and Sunnah (Prophet's way of living) have appreciated the procedure of adopting a child. But, the child does not become a real child of the adoptive parents, and thus he will be called by the name of his biological father to save the lineage.

The Qur’an says: “Call them (the adopted sons) after their fathers’ (names). That is most just in the sight of Allah. So if you do not know their fathers, then they are your brothers in the Din (Religion) and your friends. And there is no sin on you for what you said by mistake, but (that will be surely a sin) which your hearts intend.

And Allah is Most Forgiving, Ever Merciful” (33:5) (sic).

The overall fact remains that whether a child gets a family or a couple gets a child, adoption should entail a better future.

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WEAPON OF MODESTY The laws made in India for the protection of women from sexual assault have helped many aggrieved women to get justice but these laws are not aloof from its misuse. Many instances show that it also gives an unchecked power to women to satiate their personal grudge.

Sabeela Rasheed

B

hopal Sharma, a 74-year-old man, was charged for sexually assaulting his maid.

According to the prosecution, after the death of his wife, Sharma was in need of a maid. Anita, a neighbour of Sharma, arranged for the woman to work as a maid in his home. The maid, who was in her 30s, had said in her complaint that Sharma raped her. As per her account the incident took place within a few days of her employment, in July 2012.

She went on further to state that he continued to have physical relations with her on the pretext of marriage. Adding to it, she alleged that since Sharma expressed his unwillingness to keep his promise, she lodged the police complaint on Oct 11, 2012. However, during the trial in a court of Delhi, the woman was found making false allegations and later she accepted that she was persuaded by Anita and another neighbour, Kuldeep to frame false allegations against Sharma to take over his property.

The above instance is one among many cases where the law of sexual assault is misused for

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Illustration: Sabeela Rasheed

personal motives. Rajesh Vakharia, one of the founding members of ‘Save Indian Family Foundation’, a Non Government Organisation (NGO) which works for the protection of men from false allegations since 2005, says, “According to the report presented by National Crime Record Bureau, Ministry of Home Affairs, every year 65,000 men commit suicide in India which is higher than the number of females committing suicide. One of the reasons for more male committing suicides was, false allegations made on them.”

Vakharia says that in most of the cases, many women put up false accusations because they either have personal grievances against the person or they want to extort money. He narrates one such case from Nagpur where a doctor, who was the Superintendent of State Government Hospital, was accused of harassing three female subordinates.

During the trial, it came out that the three subordinates were taking Home Rent Allowance even though they had been allotted government quarters. There is a rule for government servants according to which an employee cannot enjoy both the facilities. The Superintendent found out about their miscreant and held an inquiry against them.

Annoyed by this, they filed a false case of sexual harassment against him.

“False complaints of sexual assault cases like this should be punished severely, so that genuine cases like ‘Nirbhaya’, get justice. Sometimes the accused is innocent like in the doctor’s case but due to the lengthy legal procedure he had to suffer behind the bars. Who should be held responsible for that?” asks Vakharia.

According to a study done in 2009 by Swanchetan, a Delhi based NGO, almost 20 percent of sexual assault cases reported in and around Delhi were false. The conclusion was drawn from 113 cases in a five year study conducted by the NGO. In every fifth incident, rape was used as a weapon to malign and take revenge, found the study.

“

In most of the cases, it has been noticed that educated women are the ones who generally misuse the law, primarily for monetary benefits.

- Imran Khan

”

Imran Khan, a practicing lawyer of Delhi High Court explains, “Section 354 of Indian Penal Code (IPC) is meant only for woman complainant. She can file a case of sexual assault under this section but a man complainant cannot. He has to file in other sections of IPC if he is a victim of any such case.”

He also explains what happens to an accused under the law. He says, “Regarding the evidence part, burden of proof is on accused i.e. generally on male. Suppose if a female comes and files an F.I.R against a male, then even without any evidence presented by the complainant, the alleged person would be held under custody. During the proceedings, he would be asked by the court to present evidence and witnesses, which could prove him innocent. In most of the cases, it has been

RUBIX 8 noticed that educated women are the ones who generally misuse the law, primarily for monetary benefits.”

“There is no provision for false accusations.

Even if any woman files a false complaint and this gets proved in the court, there would be no legal action against that woman. However, the accused, if proven innocent, can file a case of defamation and compensation in the court,” adds Khan.

Khan recalls a case in which a secretary to a Northern Railways officer alleged that she was sexually harassed in 1996. The Central Administrative Tribunal had ruled in her favour, but the Delhi High Court in 2008 had set aside the order, terming it ‘invalid’. Later, the man claimed that she had filed the complaint of sexual harassment after he had reprimanded her for not doing her work properly. He also said that the prolonged proceedings of the court caused him humiliation in the society. Thus he filed a defamation suit against the woman seeking damages of Rs 10 lakh for the emotional trauma he underwent. Since she was a widow, the court asked her to pay Rs 5 lakh as fine ‘to console the hurt victim’.

“But it is rarely seen that any such case of defamation or compensation is filed by the accused once he is acquitted of all the allegations by the court. It is the need of hour that there should be amendments in such laws and it should be made gender neutral. Also, there is a need for speedy trials so that the justice is imparted on time,” adds Khan.

The suicide of Khurshid Anwar has rekindled the whole issue of sexual harassment. Anwar was a noted social activist and the Director of Institute of Social Democracy, a Delhi based NGO. According to the allegations, on Sept 12, 2013, Anwar hosted a party at his residence in Vasant Kunj, South East Delhi. The accuser, who is a North Eastern woman, was present with other colleagues of another NGO named ‘Boond’ of which Anwar was also a part. The woman, 23-year-old, alleged that Anwar mixed some intoxicant in her drink due to which she lost her senses. Everyone along with Anwar asked her to stay back and it was when everyone left, he allegedly raped her.

After three months of that incident, two news channels aired video clips in which the woman accused him of rape. It is worth mentioning that the two news channels, instead of just reporting, presented Anwar in a very poor light. Unable to cope with public humiliation and embarrassment, Anwar committed suicide on Dec 18, 2013 by jumping from the third floor of his residence.

Recently, Anwar’s family and friends organised a meeting at Press Club of India, called ‘Justice,

Human Rights and Media Trials – The Death of Khurshid Anwar and Beyond’. They raised questions about the role of media which highlighted the victim’s allegations on television without bothering to cross check facts or even taking in account his version of the incident.

Senior journalist Saeed Naqvi, who was also present at the meeting had said, “Anwar took the decision because of the mental trauma and humiliation he faced. It doesn’t only mark Anwar’s death but is an omen of many more to come. Media didn’t bother to scrutinise evidence and check if there was any FIR registered against Anwar. They presented him as if he was guilty.”

“

When justice goes into becoming a policy, then it isn’t justice. Justice is looking into individual merits of a case.

- Anusha Rizvi

”

Anusha Rizvi, a noted filmmaker who is also seeking justice for Khurshid Anwar, expresses her views on the narrowing of laws and the demand for absolutist laws in cases of sexual violence. “When justice goes into becoming a policy, then it isn’t justice. Justice is looking into individual merits of a case,” says Rizvi.

It is still a matter of debate as to who was innocent or who was guilty, but many dimensions to this argument have opened up following his death.

The numbers of sexual assault cases have increased over the last few years. However, one may also say that the numbers of registered cases have increased. Although the laws made for the protection of women from sexual assault have helped many aggrieved women to get justice, these laws are not isolated from being misused. Many instances show that it also gives an unchecked power to women to satiate their personal grudge. A false allegation not only humiliates and lowers the dignity of the accused person but it also raises pertinent question of the violation of their human rights. Amendments in sexual harassment laws need to be taken so that spurious claims can be checked. Also, the media handling of such issues needs to be looked at so that no other Khurshid Anwar takes his life before proven guilty by the court.

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POLI‘TEA’CAL PARTY Tea has been an integral part of India's mornings and evenings, dialogues and monologues, luxury and necessity. 'Chai' has evoked many emotions and has been a medium for meaningful discussion since ages now. The very same beverage has been reintroduced with a political twist in this Indian election season.

Aaqib Raza Khan

S

itting on a wooden plank, raised on a stack of bricks, Nafees Alam absorbs the street view in front of him. Just across the street are the busy commercial Community Centre and a five-star hotel. Cab drivers, autorickshaw drivers, rickshaw pullers frequent his shop, and many of them are loyal customers. “I have been selling tea since 15 years from this very spot. I have inherited this job from my father who started his work in the same place in 1989,” says Alam, 28-year-old, a tea-seller hailing from Aligarh, Uttar Pradesh. He manages to save nearly Rs. 100-200 per day, which is his only source of livelihood. “I don’t know how by selling tea, people go on to become ministers and even move in helicopters. I just struggle to survive every day”, says Alam.

Tea has been an integral part of India's mornings and evenings, dialogues and monologues, luxury and necessity. Chai, derived from the Chinese word for tea, ‘cha’, has evoked many emotions and has been a medium for meaningful discussion since ages now. The very same beverage has been reintroduced with a political twist in this Indian election season. It all began when

the ruling Indian National Congress party’s minister, Mani Shankar Aiyar called the principle opposition party, Bharatiya Janta Party’s (BJP) Prime Ministerial candidate, Narendra Modi, a ‘chai-wallah’.

This comment faced both support and opposition, and the issue blew out.

A lot of other ministers have since then claimed of being a chai-wallah in their hay-days.

But what makes tea such a hot property? In India, chai is the lowest common denominator which has the power to bind people. The political candidates have started to express their affinity towards tea, to connect with a wider audience. Masses still haven’t graduated to coffee and most of them are still habitual drinkers of tea. “Mr. Aiyar’s comment has been called elitist by the opposition, and the class politics has been given a new twist,” says Khalid Jaleel, a political scientist. Roadside tea stalls are a common sight in both rural and urban settings. That pushes political mileage.

Politics is not a chai-wallah’s cup of tea, feels Guddu, owner of Lajawab Chai Corner in South-East Delhi’s Batla House area.

“Unless a tea-seller goes around inciting mobs, carries out some murders and breaks two-three

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(Top-Left) Nafees Alam at his tea stall in New Friends Colony. He inherited this shop from his father.

(Top-Right) “I can’t do moving jobs..I just sit and prepare tea. The shop stays open from 4 a.m till 12 at midnight.

My husband helps me in this,” says Hashima Bibi.

(Centre) Roadside tea stalls are a common sight in both rural and urban settings. That pushes political mileage.

(Left) Faheem,13-year-old, goes to a government school and wants to ‘study a lot’. After school, he helps his uncle at his tea-stall in Jullena, South Delhi.

Photos: Aaqib Raza Khan

RUBIX 11 other tea shops, there is no way he can Allah has willed for us. We will brace it,” Bibi’s enter politics,” says Javed Hasan. Ehsan, husband Faheem cuts in. With no welfare a tea vendor on Sailing Club Road, Okhla, projects benefiting them, and no government differs. “Anyone can succeed and move up in official hearing their plea since the last few life with hard work and dedication,” years, the couple has lost interest in politics says Ehsan. “Then there is fate,” he adds. and consider it just a ‘showpiece’.

What about a chai-wallah as Hashima Bibi questions her PM? “No, because a tea-seller destiny everyday. She lives in a A tea-seller makeshift shanty on a sidewalk cannot rise to such a cannot rise in position without corruption, near Kalindi Kunj, South Delhi. politics without and we don’t need any more Her husband runs a tyre repair corrupt leaders,” says Bibi. shop on the roadside. Recently a corruption, But, we need more logical part of her house was brought and we don’t debates. Election 2014 is being down to widen a road. The fear need any more touted as a game-changer. of moving out and rebuilding corrupt leaders. another house has pushed her to Nobody’s willing to predict a clear -Hashima Bibi, Tea-seller win. Political parties are in for a start a tea stall. “I have tasted tea fierce competition. This should of nearby shops and then decided to start selling something better,” says mean clearer agendas and meaningful Bibi. She predicted the demand would be discussions on developmental issues. The mudadequate and says that she’s satisfied with her slinging has been enough on all the sides. First decision. “I can’t do moving jobs. Here I just sit accusations, then credit of being a chai-wallah and make tea. The shop stays open from4 a.m has hogged enough tea-time discussions. The till 12 in the midnight. My husband helps me tea-sellers are doing a fine job on the streets, in this,” she says. “Maybe this is what it’s perhaps the House that needs a change.

“

“

As part of the research, the writer ran a week long social media campaign online. The move aimed to look into the relationship netizens shared with tea. Here are a few responses:

Akhtar Khan: Netas busy in emotional blackmail...much of democracy is symbolism.

Khan Qamar: Besides political chai I love 'Irani chai' which is very famous in Pune.

I enjoy Irani chai along with bun-maska at cafe zam-zam specially on weekend after morning prayers along with some learned friends. There i get taste of current affairs including international which we rarely see in mainstream media these days.

@arkgrafix: Tea is timepass to some and breakfast for others, now political water is boiling to prepare the leaves of the country’s common concern! Wishing for healthy Democracy.. @saumyakul: Tea is THE drink for me. Good with padhai, with shayari, with friends, and a tea date in rain on a tapri - ideal!

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DISABILITY BILL PARALYSED? A bill for the rights of disabled persons or a disabled bill indeed? Facts. Opinions. Analysis.

Prerna Lidhoo

O

n the night of Feb 27, 2014, a group of disabled people assembled outside the Congress Working Committee Office on Aurangzeb road to protest peacefully. The protesters were allegedly treated with lathis for raising their much suppressed voice. A complaint has been registered by the National Human Rights Commission and subsequent action will be taken soon.

But some do not stand by claims made by the protesters. “It was all a hoax,” says Pradeep Raj, a disability rights activist who is also the general secretary of Association for Disabled People, an NGO. “20 people were reportedly injured. But when I went to the hospital, there were only four to five people with minor injuries.”

The Rights of Persons with Disability bill, 2014 has garnered dissent from some and support from others. The views on this bill are highly polarized.It’s a fact that this bill was not passed because of Telangana. Raj was a part of the group which was collectively

fighting for five different bills to get clearance. On the last day of the winter session, only the Street vendor and Whistleblower bills got through. “Now the new standing committee will give its report in another 810 months. This means another delay for minimum one and a half year. Seven years of my efforts have gone down the drain. We can never get 100 percent of what we expect but even if the bill was passed excluding some points, we would have got something at least,” says the activist.

The Persons with Disabilities Act (1995), which is currently in force, lists seven disabilities i.e. blindness, low vision, hearing impairment, locomotor disability, mental illness, mental retardation and leprosy. A person is disabled if he or she is considered to have 40% or more of the above mentioned disabilities. The new bill had extended this number to 18. Medical conditions like hemophilia, thalassemia, autism and neurosis would have also fallen under the bracket of disability, had this bill been passed.

RUBIX 13 Vikas, a seven-year-old boy from Bareilly is hemophilic. He needs a rare Hh blood every month to lead a healthy life.But his parents can’t afford his healthcare anymore. This bill would have recognized him as a disabled and he would have been entitled to a healthier, happier life.So sometimes, a bird in the hand is worth two in the bush. But what if even that bird in hand is flawed?

Pankaj Sinha, an advocate of disability rights says, “After consultation with the stakeholders of all the disability groups, a draft was prepared but the government’s version is totally different. India had signed the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). But this bill is not at all aligned with its principles”.

Rajiv Raturi, Senior Director at Human Rights Law Network accepts that getting 100% is not possible but basic human rights need to be kept in mind while drafting a bill. He adds, “It conforms to no discrimination on the grounds of disability but allows branding one as disabled by adding a provision that discrimination can be made if the action justifies a ‘legitimate aim’. We don’t want this provision to be there at all. ” Rights of Persons with Disabilities Bill, 2014 as cleared by the Cabinet has issues related to certification of disability. Disabled can only avail entitlement if their disability is certified. This in fact deflates the whole purpose of having a bill if its fundamentals are hazy. The bill talks about the right to legal capacity for the disabled but is contradicted by 70 other pre-existing laws restricting their legal capacity.

Shanti Auluck, President and Director of Muskaan, an NGO providing empowerment opportunities to the differently abled says, “In my view it needs strong implementation, monitoring and accountability mechanisms. The bill could be passed if our ministry could organise a consultation with disability activists and iron out differences.”

One of the dissenting views also says that reproductive rights of disabled women have not been taken care of. Section 106 of the bill states that women with severe disabilities can undergo an abortion if the registered medical practitioner or guardian feels so.

DK Panda from the Department of Disability, Ministry of Social Justice and Empowerment rubbishing such views says, “People who are opposing have not read it properly. A bill is made keeping in mind general provisions as one cannot give out everything. And later loopholes can be rectified by amendments. It is not against women rights. That clause is about extreme circumstances.

We are also working for abolishing laws restricting legal capacity.”

Most of the criticism for the bill is coming from the blind community. Absalom David, project officer of the Blind Relief Association, says, “One reason for opposition is that they have divided blindness into two categories; Partial blindness and full blindness.

This makes it a big issue. When we work with them we don’t discriminate between them. You can’t divide them with a law. Also, there is no standard to set the range of partial blindness. Another reason is that we want the head of the disability commission to be someone from the community and the government is not paying heed to that.”

Another meeting was held on March 3, 2014 at the President’s house to get the bill passed through an ordinance. But with the announcement of the polling dates for the Lok Sabha elections a day later, the hope for the bill getting clearance died down.

Activist Raj was also present in the meeting.

Disappointed, he says, “We might not have gained much by the bill but the loss is huge.”

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Ram Samooj. Photo: Muhammed Faisal.K

MIGRANT STREET VENDORS Four people. Different stories. Same Fate.

Muhammed Faisal.K

D

elhi has always been a melting pot — people from all over the country come here to study or work. There are approximately a million migrant workers in Delhi mostly rooted from Bihar, Uttar Pradesh, Madhya Pradesh and West Bengal.

“I was just twelve years old when I came from Uttar Pradesh as a migrant worker with the help of a relative,” says Bessan Lal, a street vendor. Seeking better work opportunities and a burning desire to do something in life brought him to Delhi in 1976. Lal had

never thought of working in Delhi for so long. His wife joined him a year later and now Delhi is like his home.

Lal gets nostalgic thinking of his home in Azamgarh, Uttar Pradesh. He says,” I cannot go back as there is no work for me there. The only option would be to work in the fields which I don’t want to do. My aged mother lives with my brother.”

He often complains about harassment from municipal bodies. This causes him to shut down his business from time to time.

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Bessan Lal. Photo: MUhammed Faisal.K

Khusum Latha Agarwal. Photo: Muhammed Faisal.K

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Abdu Rahiman. Photo: Muhammed Faisal.K

Lal is one of the internal (rural to urban) migrant workers among the millions that come to Delhi.

But everybody is not as fortunate as him. Many live in appalling conditions in overcrowded slums where safe drinking water is scarce and sanitation is non-existent.

Often subjected to violence, they keep moving in search of better employment.In India the unorganized or informal sector includes vegetable vendors, rag pickers, construction laborers, factory workers, sweepers, car cleaners and domestic helpers, the majority of whom are migrant workers.

A migrant from Gonda district of Uttar Pradesh, 58-year-old Khusum Latha Agarwal sells food items in Nehru place. She starts at 6 a.m and continues till 9 p.m. She has been vending for the past 35 years to support her family. She earns about Rs. 250 to 350 daily. She says, "I feel very tired after working for long hours at this age. Sometimes when an authority orders to vacate the place, I stop vending for a few days and this affects my earnings.�

25-year-old Abdu Rahiman belongs to Samastipur, a district in Bihar. For past 15 years, his mornings are spent as vegetable vendor and evenings selling vegetable juice. He earns an average of Rs 3500 per month. He sends Rs. 1000 per month to his parents living in his native village.

Ram Samooj is a migrant vendor from Meerut district of Uttar Pradesh. He sells food on his cycle. He

Ram Samooj. Photo: Muhammed Faisal.K

doesn’t have a fixed location in Delhi.He migrated to Delhi in 2004 due to poverty and unemployment at his native place. He came to Delhi because his friends told him about the employment opportunities offered there.

He sends half of his earnings back home.

It is not easy to live as a migrant worker in a city that will continue to remain foreign no matter how many years are spent.

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BREAKING THE SILENCE For long, men and women have kept the story of their abuse hidden from others and from themselves. The first thing is to come out and speak about it so that the healing can begin.

Vatsala Singh I was in the washroom My dad came inside to help me brush my teeth Mum found bite marks I told her those were mosquito bites.

Mosquito bites? There?

My grandmother died when I was nine. One night baba came to my room. He asked me to sit on the edge of the cot. He stuck his penis between my legs and didn’t stop until he came. After that it became a routine. He would stand outside my room and cough.

It was a cue for me to out.This went on for three years.

It stopped only when he got too sick to get up from his bed. I didn’t say no. I never said no. I let him do that to me because the whole family was living off his pension.

I went to my aunt’s place. I was 12. She was a middle-aged widow. I remember the night it all happened for the first time. She came and lay down next to me. She clasped my left hand and pushed it inside her vagina and didn’t stop till she got satisfied.

It happened every night during my stay there.

India is home to 430 million children. The Juvenile Justice (Care and Protection of Children) Act of 2000 defines a child as “a person who has not completed eighteenth year of age.”

In 2007, the government published its first ever survey. It was one of the largest ever conducted surveys in the world based on interviews with 12500 children in 13 different states. Of the children interviewed, 53 percent said that they had been subjected to one or more forms of sexual abuse.

Over 20 percent of those interviewed said they were subjected to severe forms of abuse, defined in the report as “sexual assault, making the child fondle private parts, making the child exhibit private body

parts and being photographed in the nude.” Of those who said they were sexually abused, 57 percent were boys. The survey also found that very few cases are ever reported. Only 3 percent of them or their families told the police. In most cases the perpetrator was known to the child.

“One in three rape victims is a child. More than 7200 children, including infants are raped every year.

Given the stigma attached to rapes, especially when it comes to children, this most likely is only the tip of the iceberg,” said Louis-Georges Arsenault, UNICEF representative to India.

Shilpa Gupta was abused by her own father when she was 11 months old. It went on till she was four.

“Once I was sleeping in the afternoon. He came and lay on top of me. I had total blackout. I completely dissociated myself from my body. I didn’t tell anybody because I was petrified of him. He would threaten me, that if I tell anyone he would kill me,” said Shilpa.

Her mother found out about this when Shilpa was four. Immediately she filed a civil case for divorce and a criminal case against her husband. This introduced another traumatic episode in Shilpa’s life. During the third year of the trial she had to appear in court. “I was only seven. My father was sitting next to me. He approached me and I freaked out. I screamed.

Everyone in the court saw that. ” “My mother was with me during those medical examinations; when I was asked by the defense lawyer what I was wearing. She saw and felt my pain.

She decided to withdraw the criminal case and settled for a divorce,” said Shilpa. “The past still haunts me. I still get nightmares.”

Children who face sexual harassment grow up having this big confusion. Their lives are fragmented.

They fear men. The incident becomes a huge part of who they are. Due to the shame many choose to keep it a secret. Some go for complete self-denial. They

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Illustration: Vibhushita Singh, Interpretation of Linda Carmel’s painting

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grow up telling themselves that it never happened, it was a dream or something that they imagined. But it is dangerous.

“I didn’t have a normal childhood. I, somewhere, wanted my dad to love me just like other dads. You know ‘daddy’s love’. I always thought that I must have done something wrong. That is why he doesn’t love me.” The case got closed and court ordered her dad not to see her until she was 13. I forgot my past for sometime. Then it all came back to haunt me once again. He started calling me, tried approaching me.

Until then I was also avoiding men. I was trying to stay away from them. Things started unfolding. The wound began to show.

Why is it important to talk?

Many Survivors report that a supportive reaction from the person to whom they first disclose the story of their abuse can be a vital element in their healing process, regardless of the eventual outcome of the disclosure. But a negative or insensitive reaction can compound the damage of the victimization and have an adverse effect on the healing process.

According to Anuja Gupta, who counsels survivors of child sexual abuse and incest through her NGO, RAHI, “It is often better not to tell, than to tell and not be helped. Children somehow find a way of living with the abuse. I'm not saying that that is ideal, but if they do tell someone and are told to shut up, and are not believed, and nothing happens, you're adding Let’s Talk two or three layers of trauma on top of “We know that a lot of abuse the abuse. So it is absolutely essential is happening, but people don't It is often better not to that the children's caretakers are trained, talk about it,” said Anand tell, than to tell and not so that children be helped and received Prakash, People’s Vigilance appropriately. be helped.Children Committee on Human Rights, What happens after a child has been Varanasi. Several colleges of somehow find a way of sexually abused is critical, not only to his Delhi University have societies her recovery but also to the protection living with the abuse. or which deal with gender issues. of other children, since if the perpetrator Some are active and some is never identified or allowed to remain aren’t. Even the active ones don’t free, the abuse might well be repeated. primarily focus on Child Sexual On Oprah Winfrey’s show where Abuse.

200 Adult men who were molested come forward, a Except Lady Shri Ram (LSR) College. It has a victim of child abuse said, “Abusers are little Women’s Development Cell that introduced a forum murderers. You are a changed person. You cry about called ‘Let’s Talk’ last February. “At first we were what you could have been. I have trust issues. I am a apprehensive. But the response was great, around bitter man today.” There are other problems related hundred people turned up for the first session,” said with sexual orientation. One feels extremely ashamed Ananta Seth, one of the cell coordinators. A girl stood and powerless. The horror of the betrayal does great up and narrated how she had been raped by her own damage to one. One questions oneself if one is good best friend. “She had trusted him and he broke that enough for anybody or not. trust. She was crying and others in that room were crying with her. We all stood up and thanked her. What Start the process of healing happened in that session within those four walls was “It is time to end the shame, fear and the guilt. beautiful,” she said.

Today is the day to be free from all of this. It was not “There was a sense of solidarity; that you are not your fault.” said Oprah to the 200 men on that show alone.” One of the girls, also present in that session, Howard Fradkin, psychologist and specialist who shared that when she had told her family about her works with male survivors of abuse and sexual maternal grandfather and that had been raping her for harassment. He says, “A predator grooms his prey. the last three years during her stay in Delhi, no one They first win your trust and then cheat you. They lure believed her. Instead they accused her of spreading you with candy, money or drugs. Sometimes children ‘dirty words’. go back to them hoping that it won’t happen again. But ‘Let's Talk’ is a space that calls for nothing else, they are proved wrong. They are cheated again. They but uninterrupted expression of our lived experiences,” don’t know what love is. They go for the attention. says Gayatri Khybri a student from LSR. “We don’t try Excitement is natural. Girls or boys respond to the to be preachy. We listen. We don’t coax them. Our attention. They misread abuse as evidence of special purpose is not to cause them any trouble. We have attention and are unable to blame the person, follow-ups. We once called (Recovering and Healing particularly if the abuser is a parent or someone close from Incest) RAHI to conduct a workshop called, to the child. ” ‘Disclosure from abuse,” said Ananta.

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“Release the guilt from yourself. Take your power back from that person,” said Oprah. “Forgiveness is giving up the hope that past could have been any different. It is accepting the past for what it was…using this moment and times to help yourself move forward.

Don’t let him steal the rest of your life,” she said.

Shilpa moved to Delhi and got admission in LSR and applied to WDC. When Let’s talk happened, she was one of the first ones to speak. “It was heartwarming to see when people acknowledge your strength. They thanked me. That gave me a sense of purpose. I realized it was my calling. I found my voice,” she said. She now works as a volunteer with RAHI. “Bit by bit I am trying to create an identity other than that. If I am able to help one life, nothing like it. Mine is not a success story. The fact that I am alive is a success in itself.”

(One name has been changed on request)

A walk with Maya Rao

Walk with me, I will walk with you.

Photo:mayakrishnarao.blogspot.in

Ace Kathakali dancer and theatre artiste, Maya Krishna Rao, a Sangeet Natak Akademi awardee, is known for her solo performances which she scripts, performs and directs herself. A big part of Maya's work involves amalgamation of theatre and education.

I know when to say yes I think I know when to say no Just give me, give me, give me Give me a mother who stands upto a chacha, baba, bhaiya, papa, beta Don’t walk with him, I will walk with you.

She came on the stage and everything stopped still. The Walk begins. A solo performance she scripted, directed and dedicated to “Nirbahaya”, the girl who died after she was gang raped by six men on December 16.

Even I have been abused. I was twelve. He was a stranger. He came and stood in front of me and masturbated. I didn’t know what to do, where to look.

I remember that I was excited and at the same time disgusted. There was this huge confusion. I was scared and grew up fearing men. Even though he didn’t touch me but I felt violated.

No one talks about this. No one addresses this excitement, the curiosity a child has when he or she encounters something like that. One needs to talk about it openly. Even a child has sexual desires. I don’t think therapy helps as much. You know what is required? Two people sitting next to each other should be able to talk with each other; without having any preconceived notions.

Once my friend found me sitting on a couch with my legs wide open and found it awkward. She told me that I was sitting like a man. My friend didn’t know that I had just come back after giving a performance. The energy was still flowing within me. We deconstruct and have these stereotypes. We must question these things.

There was a stage when my life was fragmented.

There were fall outs. Then I went to college. I came across different ideologies and found myself engrossed with Marxism. I also met some great men, like-minded men. Philosophy became sensual and later sexual. Theatre really helped me. I used stage as a platform to express, to speak up.

One must not hold onto that one episode and keep on chest-beating. Life is beautiful. You will meet wonderful men and women. I did! Earlier I feared men.

But I met some good men in life on the way. First time I had sex, it was not good. But the second time it was perfect and I married him. Why? Well, because there was consent.

A man who can’t sit with a woman right A man who can’t touch a woman right A man who doesn’t ask her before they have sex tonight Don’t walk with him, I will walk with you Poochna Padega Consent lena padega For anything you want to do You want to hold my hand?

Give me, give me, give me such a man.

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GOND HUES The art of storytelling is unique in India and among tribal community of Gonds as well. The artists define art in contemporary times underlining the importance of the past. The colours painted seem as bright as the future.

Jayashree Narayanan

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s Rajinder Singh takes a round of the Crafts museum at Pragati Maidan in New Delhi, he says he has no regrets. Fifteen years ago, Singh quit his well-paid IT job to pursue his interest in tribal arts. The journey has been a revelation, exposing him to the multitude of skills and talent in Indian tribal art. As a researcher in the Research and Development wing of the museum, he has understood more about tribal arts from the artisans than the tonnes and tonnes of literature that exists in the field.

“The artists themselves are the best sources of information when it comes to knowing about their art,” he says.

We take a walk through the museum which displays different types of artistic works ranging from the Warli paintings of Maharashtra to the murals of Karnataka. Among these is also the Gond art, the traditional art of Gondi tribe of Madhya Pradesh.

Gareeba Singh Tekam, a traditional Gond artist from Bhopal is conducting a workshop on Gond art at the Crafts Museum. Dressed in a pair of blue jeans with a pullover on a bright sunny day, Gareeba looks unlike what one expects. “We have prospered through the art. We are called across the countries to conduct workshops for children,” he says. The natural question that comes to mind is whether that would mean dilution of the art and its inherent nature of ‘being tribal’. “The nature of the art is such that everybody has a unique signature style in each piece they

conceive and create,” says Gareeba. With 25 years of experience in the field, he adds that there is nobody who can reproduce a certain style with ease as the artists themselves and that is the most significant aspect along with the precision of detailing.

Another Gond artist Rajendra Kumar Shyam joins in, sharing the history of the art’s origins. “The word ‘Gond’ comes from the Dravidian expression kond, meaning ‘the green mountain’,” he explains. The recorded history of the Gond art goes back 1400 years, but it came into prominence when renowned Indian artist Jagdish Swaminathan discovered Gond wall decorations in the mud house of Jangarh Singh Shyam, a tribal artist. In 1981, Swaminathan asked Jangarh to try his art on the canvas with a brush, which led to a new movement in the art. “Jangarh began to see the potential of the new instrument — the brush,” says Rajendra who is also Jangarh’s grandson.

Many of the Gond customs include depictions of local flora, fauna and local gods such as Marahi Devi and Phulvari Devi, also called ‘Bada Deo’. “The emphasis is on celebrations, rituals and man’s relationship with nature,” says Rajendra. The artists use natural colours derived from charcoal, coloured soil including black, red and white soils, plant sap, leaves, and cow dung. “Dotted lines create miniatures based on folklore which carry forward the oral narrative tradition of the Gonds”, says Rajinder Singh.

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Jangarh’s name is synonymous with Gond art.

Photo: Jayashree Narayanan

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- Gareeba Singh

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The nature of the art is such that everybody has a unique signature style in each piece they conceive and create.

The crane climbs up the mountain And feeds on grass without a tongue It dies when it drinks water It is the God Fire - Gond Riddle

Radha Tekam, who exhibited her work at the indigenous arts and crafts display in ‘Nature Bazaar 2013’ says that the art is as representative of the women in the community as the men. “Women artists carry on the cultural and aesthetic traditions of the art while earning a decent livelihood.”

Livelihood became the major focus once Jangarh received international recognition for his talent. “The scene today is very different with 100-150 artists in comparison to a couple in Jangarh’s time”, says Gareeba. Dilip Shyam and Subhash Vyam echo the same sentiments adding that the Bharat Bhavan museum in Bhopal, Madhya Pradesh and MUST art gallery in New Delhi have stood behind them, making their art prosper and profitable.

Gond art is also acquiring a contemporary edge.

Painting on subjects as diverse as the Mumbai 26/11 attacks, sci-fi fantasies with minimalist designs since the last 30 years, Venkat Raman Singh says, “Gond is all about, innovation, difference and colour. It is contemporary with emphasis on imagination, expression and understanding”.

However, he adds that problems like water scarcity in Madhya Pradesh, diversion of young minds into other fields because of lack of money, middlemen in the market mar the prospects of the art’s survival.

“Lack of education among the community also results in communication problems in the market where they are unable to sell the paintings”, says the museum’s researcher. Meanwhile, Rajendra Kumar Shyam, who is also a B.Com graduate, adds that initiatives have been started to raise awareness and establish links with the market by abolishing middlemen.

He sees a bright future for the art saying that demand has to be created with “efficient marketing which will increase the interest of not just the art enthusiasts but also of the future generations”.

Folklore is not just a part of a toddler’s childhood but also preserves memories of a grandmother. They are commentaries on the way of life continued to be lived but they are also memories of the eras gone by.

Gond art, like all tribal art, is trying to imbibe the new while cherishing the old.

Rajni Ghag, Delhi in-charge of the MUST art gallery sums up that the art is an inherited piece of history that needs to adapt to changing times and so do the ends and means.

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One of the paintings showing the detailed patterns.

Photo: Jayashree Narayanan

Radha Tekam finds detailing the most interesting yet difficult part.

Photo: Jayashree Narayanan

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DELHI-NCR ‘AUTO’PLAY The new NCR permit for the auto drivers will enhance the connectivity between Delhi, UttarPradesh and Haryana. However this has sparked a whole new set of issues.

Sharib Suhail

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teeq Ahmed, 48-year-old, kick-starts the engine, glances in the side-view mirror, smiles, and drives his auto-rickshaw or three wheeled scooter into the heavy traffic. He talks about various problems faced by auto drivers in and around India’s capital. When asked about the new National Capital Region (NCR) permit which is being given to the auto drivers, his smile fades. "I do not need it as it will do no good," he says.

The auto rickshaws with illuminated Liquid Crystal Display (LCD) board on top will indicate that it carries an NCR permit as it also shows the name of the state with a colour code system. The autos plying to Uttar Pradesh (UP) will display a three-inch orange horizontal strip in the centre of green strip while in Haryana a three-inch purple strip will be visible.

Permit owners will have to get approvals from the respective state transport authorities. A list of conditions for the permit has been made and topping the list is the need to be from Delhi. Also mandatory for the driver is to have a public service vehicle (PSV) badge.

A public notice inviting applications has already been issued since Feb 18, 2014. The application needs to be submitted within 15 days of issue of the notice. Its processing will start from March 6, 2014. In case the number of applications received is more than the permits available, then a draw of lots will be conducted by the department. Furthermore, those who want an NCR permit will have to purchase a brand new auto rickshaw.

The wait for NCR permit has been long. The project was first mooted last year when the previous government had given the green signal. The permits were to be released in accordance with Reciprocal Common Transport Agreement, between the state government of Delhi, Haryana and UP, which was signed in October 2008.

The NCR permit has received mixed responses from the existing auto drivers as they feel ignored. Bilal Khan, 47-year-old, an auto driver says, “Three wheelers (auto) coming from both Haryana and UP will increase the traffic in Delhi.” He adds that this will lead to congestion. Another auto driver Narendra Pal, 54year-old, says, “I do not know anything about the new NCR permit.”

Rakesh Aggarwal, head of ‘Nyayabhoomi’, a group that represents the interests of auto drivers, will be filing a petition in the High Court against the NCR permit. He questions about the existence of auto drivers who do not have the new NCR permit. He also disagrees on the lucky draw system calling it “unfair”.

He says, “The new NCR permit system is flawed as every application should be considered on the basis of its merit.” According to him the auto drivers are not fully aware of the terms and conditions that are associated with the permit.

There are a few auto drivers who have given a nod to the permit. Abdul Nadeem, 32-year-old, says, "The issuing of NCR permit will help the passengers commute from Delhi to NCR on a daily basis.” Some of the auto drivers of the Kalindi Kunj in South Delhi

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The issuing of NCR permit will help the passengers commute from Delhi to NCR on a daily basis. Photo: Sharib Suhail

Graphic: India Briefing

are of the opinion that the autos from the NCR especially Noida (UP) do not face any problems. S.K Hallad, 34-year-old, who rides mostly in Noida, says that he gives Rs. 600 per month as a toll tax near Kalindi Kunj. This is done in order to commute easily from Noida to Kalindi Kunj.

Commuters face problems when they travel from Delhi to NCR. "Auto drivers used to refuse, even if they agreed they used to drop me midway and I had to board another auto,� says Uzair Siddiqui, who travels

The NCR permit has received mixed responses from the existing auto drivers. Photo: Sharib Suhail

from Delhi to Noida on a daily basis.

The permit with proper implementation will be able to solve the problems for the commuters. For the new auto drivers it will be a boon. It will allow them to travel more easily while for others it can be a bane.

However, this has to be seen in the coming days how it will affect the commuters who are travelling on a daily basis in and around Delhi.

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NECROPOLIS OF SIRI The hidden secret of the second city of Delhi.

Ursila Ali “Some said there were seven dead cities of Delhi, and that the current one was the eighth; others counted fifteen or twenty-one. All agreed that the crumbling ruins of these tons were without numbers.”

-City of Djinns (A year in Delhi), William Dalrymple

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hahpur Jat is one of the most talked about locales of Delhi, however it is confusing to explain the nature of this colony.Do you refer to it as one of the oldest villages in the city? Or as an upscale shopping hub? In many ways this South Delhi settlement has become a hybrid of the old city and the new. The periphery of the village is lined with fashion boutiques, art galleries and quaint cafés visited by the rich urban crowd. As you walk further in the labyrinth of this 900-year-old village, the glitzy shops disappear. Instead you see a haphazard arrangement of poorly constructed houses, tangled electricity wires, kids playing cricket in narrow lanes and a commotion that is only seen in rural settings, unlike the chaos found in metropolitans.

In this commotion, one can always find the village elders, sitting on charpoys, sipping tea and

smoking from a pipe. They discuss politics, especially the changing dimensions of their village. History comes up many times in these conversations and these old men proudly recall stories of battles that their ancestors fought. One of them reiterates that Shahpur Jat is known as the ‘Royal kingdom of the Jaats’, a community of herders that belong from North India. The colony had always been a Jaat settlement, where Jaats from neighbouring villages of Delhi had migrated to, and made their home a hundred years ago. The village, however, is much older and has witnessed the rise and fall of great empires.

In these routine conversations, comes up the most intriguing history of this area all the way from the Sultanate era. The village was built under the rule of Sultan Alauddin Khalji in the beautiful city of Siri, considered as the ‘second city of Delhi’,others being Tughlaq’s Jahanpanah, Firoz Shah’s Kotla and Sher Shah Suri’s Shergarh. However, the city of Siri has a bloody and gory past, one that hasn’t been documented often and remains a hidden secret.

Residents of Shahpur Jat reveal that their village is actually a necropolis, built on the skeletons of Mongol invaders.

Many tourists who visit the beautiful Siri Fort complex are unaware of its horrific history.

Photo: Ursila Ali

RUBIX 27 In the year, 1296, when Alauddin Khalji ascended to the throne, Delhi was already being raided by Mongol gangs. They plundered, looted and were a constant menace camping in the suburbs of the city and launching waves after waves of attacks. Any efforts to keep them back were thwarted. However, under the rule of Khalji, sturdy walls were constructed and a fort, now known as the popular Siri Fort, helped fortify the city. Khalji was able to rescue Delhi from the marauders but he had yet to have his revenge.

Rakshanda Jalil, author of Invisible City: The hidden monuments of Delhi and an avid follower of Delhi history says, “Upon reclaiming his throne, Alauddin ordered thousands of Mongols to be beheaded and put the heads on display.” Khalji was a ruthless ruler who wanted to tell the world the fate that awaited them if they dared to invade Delhi. Jalil further adds, “The name Siri in fact comes from Hindi word for head, ‘Sir” In Shahpur Jat, popular lore says that 8000 severed heads of Mongols were built into the walls of Siri and the walls painted in the blood of the Mongols who were headed by their leader, Targhi. There isn’t any written record of the actual numbers, but these are oral stories passed from one generation to the other, accepted to be the truth.

Even the Archaeological Survey of India (ASI) is acquainted with the story. Senior officials at the ASI say, “There is definitely some veracity to the claims of the villagers and historians. Skeletal remains of Mongol warriors have been found near the fortifications. A recent excavation sanctioned in 2009, of about three kilometers of the wall which was underground has also revealed the same.”

Much of the wall has been turned to rubble over the years, and areas surrounding the fort have been encroached upon, covered in illegal construction.

Out of the seven famous gates of the city of Siri, only one remains, dilapidated, yet a symbol of the grandeur of Delhi’s second city.

As dusk approaches, the village elders retreat into their homes. Their recollections of the past have been only made to emphasise the importance of preserving their present. Their village is going through social and economic changes every day.

The concept of the village is fast vanishing; instead it has been invaded constantly by glamour of an upmarket shopping space, which is inferior to the needs of their community. In a way, this is their idea of fighting a battle. Maybe tomorrow they will gather again and reveal another secret of this village that has seen rise and fall of many empires.

Many houses in Shahpur Jat share walls with Siri Fort ruins.

Photo: Ursila Ali

Out of the seven gates of the City of Siri, only one remains.

Photo: Ursila Ali

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REVIEW: THE ACT OF KILLING Joshua Oppenheimer’s Oscar nominated documentary explores the ideas of genocide, altered history, anti-communist beliefs and misplaced ideology of a group of Indonesian “gangsters”.

Sanat Sinha

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espite the 86th Academy Award (2014) for Best Documentary Feature being bestowed on 20 Feet From Stardom, fan favourite and BAFTA winner Joshua Oppenheimer’s The Act of Killing is widely regarded as a critical masterpiece and defining documentary of the year. It brings us face to face with the most brutal and elemental aspects of human nature. This is an unabashed account of Indonesian gangsters, especially two in particular, who recount and recreate their heinous acts of killing in all their carnal glory.

Filmed over several years, with an anonymous co-director, the documentary puts the seemingly genial gangsters, Anwar Congo and Adi Zulkadry at its centre. Both perform the roles of actor and producer while making their own movie which they are making while being documented. A black market salesman in the 1965-66 anti-communist regime, Congo is regarded as the founder of the right-wing paramilitary organisation, Pemuda Pancasilla (Youth). He claims to be responsible for an almost genocidal level of violence, killing over a 1000 people with a garroting wire.

Oppenheimer’s treatment challenges the Indonesian nationalist discourse which is drenched in anti-communist notions with fabricated history and distorted facts. These so-called “gangsters”, are glorified and treated as VIPs, both by the public and the top political brass. Interestingly, the Indonesian army has been left out of the picture. It almost looks as if Congo and Zulkadry have free reign over their activities without any government intervention. The massacres they enact are therefore seen as civilian instead of state sponsored.

There is also a strong comment on the now grey haired men who have left their dangerous prime behind. Their impersonations of 30s gangster films, bizarre dream sequences and fairy dances come across as ludicrous and out of sync with current times. While these old men revel in their golden past, the documentary shows Indonesian youth either getting brainwashed into joining the Pancasilla Youth Army or taking their own selfies.

In fact, the whole Western import seems to have left Indonesia fractured. The hyper capitalist regime in power, the preferential inclusion of Hollywood movies and the Transformers T-shirt worn by Zulkadry during campaigning all signify a displaced society. An important question of history and its representation is raised. In Congo’s words, “war crimes are defined by the winners” is one of such issues raised. There is no reassessment of history itself rather than a longing for what is gone.

The documentary also follows Congo and Zulkadry attempting to make their own film depicting the ‘truth’ of the 65-66 killings. These men, who work so hard to make their own film and keep their ideas relevant, fail to notice that they are only ideological chess pieces in a larger game of political advantage.

The power structures that still keep them safe are not as much in question as the spectacle while filming the sequences. The real farce is of the killers themselves being the camerapersons which adds further irony to this representational aspect of Indonesian history.

The entire concept of truth and journalistic objectivity are inverted. The manager of one of the newspapers proudly claims to have printed

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anti-communist material in his “office of blood” and What makes this a seminal piece is the having participated and orchestrated the killing of caricaturisation of the actions of Congo and Zulkadry many people who he simply dumped in the river. The in their personal space as contrasted with their viewing of the government sponsored films which activities of the past. It almost seems as if they are spread the anti-communist sentiments is analysed not the same people they claimed to be. The notion piece by piece by Congo and “gangsters” as “free men” is These men, who work of Zulkadry, who eventually attempt to further problematized as the whole so hard to make their of Indonesia conforms to the make a better one.

Certain visual elements of the own film and keep their definition rather than what they are film give it an almost surreal and ideas relevant, fail to typically understood as. The ephemeral presence. The cover western import of Al Pacino and notice that they are only Sidney Poitier as gangsters whom photograph of dancing girls from ideological chess out of the mouth of a fish-like Congo claims are his heroes, are structure and the moths fluttering in pieces in a larger game very conveniently confined to the the darkness, add a cinematic of political advantage. theatre hall in which he worked. beauty to the documentary.

Though at times it seems that Simultaneously, the presence of a fake blood, a Oppenheimer might be doing more than just simple flabby man switching between female roles and that directing and slightly intervening, The Act of Killing of a sickle-bearing communist nightmare take us is nevertheless a brutal and honest look at the further away from the horrific reality of the situation heinous acts perpetrated by a few men and the far on the ground. reaching consequences of their actions, reminding Oppenheimer, however, never lets us wander us not to take the world we exist in for granted. far. Through an inexhaustible stream of footage and his own random interruptions, he keeps a thin but Director: Joshua Oppenheimer tight cord between us and his worldview. Congo, Language: Indonesian who in the beginning was worried about the colour Runtime: 115 min | 159 min (extended) of his pyjamas, is by the end transformed into the IMDB Rating: 8.2/10 man who is physically unable to revisit his own Metacritic Score: 87/100 actions. Though the staging of the last scene can be disputed, what cannot is the power of the image and Rubix Score: 8.5/10 the volumes it portrays both at a personal and political level. The end firmly fixes reality in the minds of the viewer.

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LIT BITS

“Race doesn't really exist for you because it has never been a barrier. Black folks don't have that choice.”

- Chimamanda Ngozi Adichie, Americanah The strong person is not the good wrestler. Rather,the strong person is the one who controls himself when he is angry. - (Sahih al-Bukhari , Book 73, #135) “Success in life is not about number of failures we think we have but about how we react to those failures.”Michelle Cohen Corasanti, The Almond Tree “So we beat on, boats against the current, borne back ceaselessly into the past.”- F.scott Fitzgerald, The Great Gatsby

“Mother died today. Or maybe yesterday; I can't be sure.” - Albert Camus, The Outsider.

“She embraced the idea that maturity meant thinking about risk long before you pondered the reward, and that success and happiness in life were as much about avoiding mistakes as making your mark in the world.”Nicholas Sparks, True Believer History is that certainty produced at the point where the imperfections of memory meet the inadequacies of documentation. - Julian Barnes, The Sense of an Ending “I’m a very ordinary man. I just happen to like reading books.” – 1Q84, Haruki Murakami

R U B I X

A NA J KMC R CP R O D U C T I O N J a m i a Mi l l i a I s l a m i a , N e wD e l h i A L L R I G H T S R E S E R V E D