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Gujarat Riots - 2
#45
<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>Genocide, my foot! </b>- (The Indian Reporter (USA), 31/05/2002)
-- <b>By Dasu Krishnamoorty</b>

The moment has now come to speak for India. There now seems to be a general consensus that Narendra Modi should take the rap for the events in Gujarat. It is the grand finale to his trial by the press that sent hordes of prosecutors to the home of Mahatma Gandhi to investigate and make out a case of genocide and ethnic cleansing against Modi. This exercise was rounded up by a visit of the editors themselves to see if their sleuths had done a neat job. Together, they mopped up enough evidence for teams of diplomats to prepare the ground to deliver lessons to the host country on human rights. This scenario is very dangerously close to the one that generally precedes an international intervention. Almost all the countries these diplomats represented had pioneered a tradition of genocide, later emulated by the likes of Idi Amin. Our own media sought interviews with these diplomats asking them leading questions like 'what do you think about the genocide in Gujarat and do you think that the minorities in this country are safe.'

The press thus became a judge and a prosecutor. Mediamen became activists taking out processions and holding seminars to relate sob stories of how they had escaped death by a coat of paint. It should, however, be remembered that the debate on Modi had already broadcast a message showing that the objective of his critics is not his punishment but political mileage and a display of their secular credentials. However, what is of interest to the entire nation cannot be left to political parties and the press to resolve. This shortsightedness will certainly gladden the hearts of the country's enemies who know to what advantage they can use the word genocide. Far from absolving the role of a Congress leader in starting the fire, such political vocabulary will deliver the country, and not the ruling party, into the hands of its adversaries.

The genocide debate has already damaged social harmony and, more than all, the nation's intellectual equilibrium. Succeeding governments will find it hard to restore that balance. The lurking internal danger is one side of the story. The other side, a consequence of lack of national vision and pride and sense of false consciousness, concerns a treacherous essay to subordinate the country's sovereign status to international hegemony. The quest for political or ideological gains should not blind us to the repercussions of throwing the Gujarat issue into the international arena for a final judgement. This privilege to be judges of our own affairs is too precious to be jettisoned for fear of hurting a disoriented intelligentsia.

The country cannot own the guilt for what a party has failed to do. It was the duty of Modi's party and the federal government headed by his party to call him to account. If both of them have failed as they did, there are several domestic agencies that have the power and the jurisdiction to summon him suo moto for a trial. In the debate on censure motion, opposition parties concentrated on a single phrase: double failure, the failure of the Modi administration to protect the property and lives of the people and the failure of the federal government to ensure that Modi did what was necessary under such a situation. The emphasis was more on omission than on commission. Since this thesis sounds more like a defense of Modi, let us agree that it was a crime of commission if that is going to defuse the Gujarat situation.

Whoever uses the word genocide to refer to events in Gujarat belongs to the category of either political innocents or clowns. They preclude any alternative interpretation of the situation because the current norm of their discourse is 'if you are not with me you are against me.' To determine whether genocide had actually occurred in Gujarat, we will need a definition of that word. That word as defined in the 1948 UN Convention on Genocide has a history and context. It is the work of Raphael Lemkin, whose family was a victim of Hitler's Jewish repression in the Third Reich. He single handedly drafted and lobbied the convention at the UN. Lemkin had Nazis in mind. Allied powers had different and wider objectives to achieve through the convention.

It is important to remember that the convention was the work of the victors and that its legitimacy is closely linked to the fact of a victory in war. There is hardly any propriety in embracing this terminology for convenience in reporting or for scoring partisan gains. Such use demands substantiation and that in turn ends up in the reporter doing the job of a prosecutor, unearthing evidence to buttress a prior conviction. No school of journalism assigns this role of a prosecutor to a reporter.

Let us look at the implications of the word. First, genocide will attract the provisions of the 1948 convention and thus impart an international colour to the problem (remember the Kashmir albatross), even though the guilty men can be tried in a domestic court. Second, it provides a handle for anti-national forces to have the case heard outside the country. It is the use of this word that has put ideas into the heads of Gujaratis in Britain to sue Modi not in India but in the British High Court, the International Court of Justice at the Hague and in Belgian courts. The interest shown in the issue by countries like Canada, Switzerland, European Union and the United States is only a first step to a full-fledged trial of the country by global media and NGOs. It is essential to understand that though it is Mody who is the accused, for all purposes the name of India will figure at every stage of the trial. The world will try not Modi but India.

People who talk about genocide will have to decide whether what they want is punishment for Modi or humiliation of the country. Those who are too responsive to international opinion will do well to take a look at the genocide history of the European powers and their allies. Otherwise, there is no need for an outside court. Cannot the aggrieved approach the President of India who has the powers to dismiss a state government? There is also the Supreme Court in which all political parties and their communal constituencies constantly reiterate faith.

In my view, describing the Gujarat events as genocide is aimed at displacing national jurisdiction in the matter and inviting international intervention. If what we want is punishment for Modi, the Indian Penal Code or even POTO meets the needs. The hundreds of NGOs in the country and PIL lawyers can always drag the entire BJP government before a domestic court. Any other action would imply lack of confidence in our judicial system and an ardent desire to embarrass the country.

Once the case is before a domestic court, the latter will decide whether it is genocide or some other crime that can be tried under the law of the land. True, Atal Behari Vajpayee and the External Affairs Ministry have overreacted to statements made by foreign diplomats. But that also seems a natural response to the high pitch hysteria that marks the Gujarat debate. There is no question of fear of transparency when thousands of print and TV media persons were allowed to cover the events.

It is an open secret that foreign media, when they operate outside their country, work as agents of the state departments of their countries and many a time as spies.  Imagine how unwittingly we have fabricated all the evidence that the foreign diplomats needed to convince themselves of the fact of genocide. Those who talk of justice forget the principles of jurisprudence and journalism too. Jurisprudence treats everyone as innocent till his guilt is proved. Journalists know that trial by press violates the principles of journalism.

It is difficult to understand the reluctance of the BJP government to remove Modi and guarantee security to the minority community. Even if the intention to tarnish the BJP is laudable, that goal can be achieved without dragging the country into the marketplace of international justice. It is common knowledge that these world institutions and treaties are instruments devised by western powers to preserve their sway over third world countries even after the end of colonialism. Has Britain that is screaming about the Gujarat tragedy stood trial for the genocide in India during the freedom struggle or for the man-made Bengal famine of the early forties?

Are there no courts in the country, which have the jurisdiction to try Narendra Modi? India has not signed the convention on genocide because it believes that the convention should be based on the principles of complementary, state sovereignty and non-intervention in the in the internal affairs of the state. Though God is an antithesis of secularism, he alone can save this country from its politicians and, may I add, the press. I am reminded of an Oscar Wilde epigram: In the olden days you had the rack. Today, you have the press.

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Messages In This Thread
Gujarat Riots - 2 - by Guest - 03-04-2005, 09:24 PM
Gujarat Riots - 2 - by G.Subramaniam - 03-13-2005, 03:12 AM
Gujarat Riots - 2 - by Guest - 03-20-2005, 02:49 PM
Gujarat Riots - 2 - by Guest - 03-27-2005, 09:25 PM
Gujarat Riots - 2 - by Guest - 03-28-2005, 12:37 AM
Gujarat Riots - 2 - by Guest - 03-29-2005, 10:06 PM
Gujarat Riots - 2 - by Guest - 03-29-2005, 10:28 PM
Gujarat Riots - 2 - by utepian - 03-29-2005, 10:31 PM
Gujarat Riots - 2 - by utepian - 03-29-2005, 10:39 PM
Gujarat Riots - 2 - by Guest - 03-29-2005, 10:50 PM
Gujarat Riots - 2 - by Guest - 03-29-2005, 11:06 PM
Gujarat Riots - 2 - by Guest - 03-29-2005, 11:18 PM
Gujarat Riots - 2 - by utepian - 03-29-2005, 11:53 PM
Gujarat Riots - 2 - by Guest - 03-30-2005, 12:12 AM
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Gujarat Riots - 2 - by Guest - 03-30-2005, 07:41 AM
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Gujarat Riots - 2 - by SSridhar - 03-30-2005, 10:53 AM
Gujarat Riots - 2 - by Guest - 03-31-2005, 03:53 AM
Gujarat Riots - 2 - by Guest - 04-05-2005, 11:54 PM
Gujarat Riots - 2 - by Guest - 04-07-2005, 06:32 AM
Gujarat Riots - 2 - by utepian - 04-09-2005, 02:41 AM
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Gujarat Riots - 2 - by ramana - 05-13-2005, 12:34 AM
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Gujarat Riots - 2 - by utepian - 05-20-2005, 01:15 AM
Gujarat Riots - 2 - by Guest - 05-20-2005, 01:37 AM
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Gujarat Riots - 2 - by utepian - 05-22-2005, 09:00 PM
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Gujarat Riots - 2 - by utepian - 05-23-2005, 03:31 AM
Gujarat Riots - 2 - by Guest - 05-26-2005, 01:29 AM
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Gujarat Riots - 2 - by Bharatvarsh - 08-04-2005, 07:50 PM
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Gujarat Riots - 2 - by Bharatvarsh - 08-08-2005, 05:45 PM
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Gujarat Riots - 2 - by Bharatvarsh - 08-11-2005, 09:28 PM
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Gujarat Riots - 2 - by Bharatvarsh - 08-14-2005, 09:56 PM
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Gujarat Riots - 2 - by G.Subramaniam - 08-15-2005, 06:26 PM
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Gujarat Riots - 2 - by acharya - 01-18-2006, 08:34 AM
Gujarat Riots - 2 - by acharya - 01-18-2006, 08:40 AM
Gujarat Riots - 2 - by acharya - 01-29-2006, 03:40 AM
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Gujarat Riots - 2 - by Guest - 01-28-2007, 01:20 AM
Gujarat Riots - 2 - by Guest - 02-28-2007, 01:31 AM
Gujarat Riots - 2 - by Bharatvarsh - 02-28-2007, 06:13 PM
Gujarat Riots - 2 - by Guest - 03-01-2007, 01:11 AM
Gujarat Riots - 2 - by Guest - 03-05-2007, 01:47 AM
Gujarat Riots - 2 - by acharya - 03-05-2007, 09:30 AM
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Gujarat Riots - 2 - by utepian - 03-08-2007, 02:53 AM
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Gujarat Riots - 2 - by utepian - 03-08-2007, 10:10 PM
Gujarat Riots - 2 - by Guest - 03-09-2007, 01:27 AM
Gujarat Riots - 2 - by Guest - 03-12-2007, 09:18 PM
Gujarat Riots - 2 - by Capt M Kumar - 02-21-2009, 10:08 AM
Gujarat Riots - 2 - by G.Subramaniam - 02-22-2009, 09:24 AM
Gujarat Riots - 2 - by Guest - 04-15-2009, 12:59 AM
Gujarat Riots - 2 - by Guest - 04-16-2009, 07:07 AM
Gujarat Riots - 2 - by Husky - 04-17-2009, 09:52 PM
Gujarat Riots - 2 - by sumishi - 09-14-2011, 11:30 AM
Gujarat Riots - 2 - by ramana - 10-21-2011, 10:30 PM
Gujarat Riots - 2 - by ramana - 05-07-2012, 11:34 PM
Gujarat Riots - 2 - by ramana - 05-09-2012, 01:06 AM
Gujarat Riots - 2 - by ramana - 05-09-2012, 04:14 AM
Gujarat Riots - 2 - by balai_c - 05-09-2012, 05:55 PM
Gujarat Riots - 2 - by Guest - 08-12-2005, 05:35 AM
Gujarat Riots - 2 - by G.Subramaniam - 01-14-2006, 07:23 AM

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