Fall of Old Hyderabad: Recent Communal Riots and The Larger Picture

In a very well-written piece in its April 24, 2010 issue, an EPW Correspondent critically analyses the reasons behind the recent communal riots in Old City, Hyderabad. He blames the secular parties for abandoning the areas that has given a communal colour to the politics led by the local Majlis-e-Ittehadul Muslimeen or the Majlis Party that has led to revival of Hindu communalism as well. He documents the history and the reasons for the rise in the communal temper of the city over the years. The article analyses how the city known “ganga-jamni tehzeeb” (cosmopolitan culture) has lost its sheen with time and cites specific instances of how communal riots were exploited by mainstream parties for political gains. The article explains the rise of the Majlis Party because of the reluctance on the part of the secular parties to counter them. The article laments the fact that “far from making any attempt to bring about visible changes, it appears as if the Congress and its government have left the political space of the Old City to the Majlis.”

The article also puts the blame of the rapid communalization on the long-lasting administrative neglect of the Old City. The Old City was the seat of power and government for centuries until the administrative shift began a history of neglect of the region. The shift started in 1930s with the Nizam moving to the new city and continued after independence and accelerated with the formation of Andhra Pradesh in 1956 that led to migration of Telugu-speaking people to Hyderabad who were culturally different from their Urdu-speaking counterparts and “the alienation was complete, as the new democratically elected rulers after 1956, thought that the way of governing the Old City was to follow a policy of benign neglect at best and one of active deprivation at worst.”

The resultant poor governance levels, severe neglect of basic and higher education, shift of political locus and rise of anti-social elements have culminated led to the fall of the Old City where ‘no respect for rule of law’ is left. The correspondent sums up the state of affairs in the Old City at the present - “For all practical purposes, the decaying Old City has been left to rot and deteriorate, completing the process of ghettoisation – a fertile ground for any trouble, communal or otherwise. All it requires is a spark, or a flag as recent events show.”

Harsh Mander on Gujarat 2002

Upendra Baxi has reviewed the recently published book titled “Fear and Forgiveness: The Aftermath of Massacre” by Harsh Mander in April 3, 2010 issue of Economic and Political Weekly (EPW). He describes the publication of this book itself as a “solemn event in terms of our commitment to and solidarity with the Gujarat 2002 violated and the survivors’ quest for human rights and justice.” The book highlights the tension created by the competitive plebiscitary democracy and its adverse impact on the position of the human rights and human rights violation of the vulnerable communities. Harsh Mander has tried to resurrect the memory of the Mahatma by a unique moral invention of Nyayagraha. “This invention owes much to the understanding of the four pillars of any future-oriented quest for authentic process of reconciliation. These are: acknowledgment; remorse; repara­tion; and justice. Nyayagraha con­stitutes a remarkable call for the pursuit of ‘legal justice’ conceived not so much as ‘retribution’ but rather as an important articulation of equal citizenship rights”

Baxi notes that the book contains references to a series of independent reports on Gujarat riots in 2002 that “gathered system­atic evidence of the enormity of brutality, long advance preparations for the car­nage, the deliberate subversion of relief, rehabilitation, and the legal process, and the comprehensive denial of the [human] rights of the persons internally displaced by violence”. He further notices that Mander instead of indulging Gujarat bashing also brings messages of hope and reconstruction by by highlighting the fact that how, many families risked their life to provide shelter to the hapless Muslims under attack.

Mander deplores the political appropriation of the ‘Gujarati Asmita’ which he describes as “an aspect of collective moral sentiment according respect and dignity to all living beings. It is a cultural, even civilization, legacy, not any project of militant politics directed to any violent social exclusion of Gujarati peoples on the basis of caste, creed, colour, or religion.”

Mander tries to understand the tendency of perpetrating 'mass murders' as an instrument to capture power by modern states. In India, it is characterized by inundated with ineffective commissions of inquiry. Lack of accountability and due process allows such inhuman acts to be committed with impunity in total disregard to governance ethics.

The book also aims at understanding the “neo-Nazi” politics in India and draws a parallel between neo -Nazi politics and “Moditva”, both of which ‘consists in re-victimizing the victims’. As a logical corollary Baxi finds, “the ideology governing neo-Nazi politics stands directed towards violent social exclusion of vulnerable social groups, especially religion and language-based cultural collectivities and “sexually despised” minorities…. In this, it reflects social conservatism opposed in each and every specific way to the constitutional idea of an egalitarian Indian republic.”

Housing Quota for Muslims?

The Minority View had earlier raised the issue of discrimination and ghettoism in housings for Muslims. Political leaders are now alive of the matter, and it seems that the Maharashtra Government may soon set  up a specialized body to assess the need and feasibility for quota for Muslims. The statements made by Mr. Sharad Pawar can be accessed here, and here . 

The Minority View appreciates the proposed evidence and need based intervention of the Government. 

How to Harmonise? : Prohibition of Child Marriage Act versus Muslim Personal Law

The recently enacted Prohibition of Child Marriage Act (PCMA), 2006 which prohibits a marriage under the age of 18 has come into conflict with the Indian Muslim Personal laws on the subject, that allows a person to marry after attainment of puberty and recognizes the age of 15 for the same.

The issue surfaced when the wedding of a Muslim girl was stopped by police, in Ghatkopar , Mumbai, after they received a complaint alleging violation of the PCMA Act as she was only 15. Later, the mother of the girl filed a habeus corpus petition seeking custody of the girl who was sent to the Child Welfare Home. Awaaz-e-Niswan, an NGO, has urged the Bombay High Court to uphold the PCMA over the Muslim personal Law and filed an intervention application in the matter. The All India Muslim Personal Law Board (AIMPLB) has also been made a party. It will be interesting to see what stand the AIMPLB takes on the matter.

The outcome of this decision bears much significance in the wider legal context, because of the place the ‘personal laws’ occupy in the Indian constitutional framework. The personal laws are immune to challenge as they are exempted under the definition of ‘law’ under Article 13 of the Constitution. (An earlier post also reflects the dichotomous position the judiciary finds itself in , when dealing with personal laws.) The Courts have, however in the recent past, tried to give effect to such social welfare provisions, terming them ‘secular’ and thereby making them applicable to all sections of the society, for example, the maintenance provision under Section 125 of the Code of Criminal Procedure (CrPC), 1973. Therefore , even though the matter still awaits judicial determination, it seems likely that the PCMA Act shall be given precedence over the Muslim personal law.