Disclaimer – In one of
my earlier posts on Facebook, I had commented that death penalty for Yakub Memon
should be re-looked at, given that he surrendered and had helped in the
investigations. However, subsequent readings of the case, including the posthumous
column by B Raman (which was incidentally sought to be leveraged in extracting
a commute), made it clear that Memon was arrested in Nepal and once in custody,
cooperated like any other criminal in the hands of police. If the ostensible reasons
why he should not have been hanged were not correct, there is little one could
have validly argued in his favor.
---
It is a sign of the
dystopian times we live in that hanging of a convicted terrorist was both preceded
and is now being followed up by collective breast-beating of our own people.
Broadly, people who
protested against the death sentence for Yakub Memon can be divided into two
categories – a small minority which is against the concept of capital
punishment and the larger majority, which prefers to claim that Yakub was hung
because he was a Muslim.
The above distinction
is not water-tight as quite a lot among those who are against capital
punishment also joined the chorus of ‘a Muslim being hung’. Interestingly,
though these people (intrinsically against capital punishment) form a vocal and
influential group, there has been no effort from them to get either the Supreme
Court or the Government strike down the provisions allowing death penalty in ‘rarest
of the rare cases’. It is only when the hanging of a convict draws near that
these people dust off their outrage masks and sign petitions and mouth
platitudes in television studios.
In any case, the
commitment of those claiming to be morally against capital punishment seems
shaky when most of them celebrated the award of death penalty to Dara Singh
(murderer of missionary Graham Staines and his two children) and registered
their disappointment when the higher courts commuted it to life imprisonment.
Just how credible are these voices when they resonate with anguish when Babu
Bajrangi and Dr Mayaben Kodnani get ‘mere’ life imprisonment rather than the
well-deserved noose?
This blogger has
previously argued
that there is little rational in the arguments forwarded in favour of abolishing
the death penalty. Among the many articles penned recently, the one by R
Jagannathan is a pretty good defence of capital punishment in India.
Still, while the first group of naysayers have at least some moral arguments against capital punishment, it is the second group, which sees any act only through the prism of identity, which is more dangerous to our society. Such people strike at the very roots of a community as for them, sectarian identities take precedence above all and any person is condemned to be hostage to the identity he was born with. For them, a person's gender, class, religion, education, caste, physical attributes, are all what matters and subsume the most noble or the most ignoble achievements that person could have made.
It was quite unfortunate and at the same time, revealing, that the hanging of Yakub Memon coincided with the demise of a much-loved ex-President of India, Dr APJ Abdul Kalam. Dr Kalam’s passing to the beyond was met with an outpouring of public grief, the scale of which should humble most politicians. Only a few days later, a convicted terrorist was hung to death. His funeral procession was attended by thousands and even in far off Kashmir, the prayer for the departed saw huge crowds and violent protests. The waters were further muddied by many politicians who claimed that Yakub was killed for no fault or that he would not have been killed had he not been a Muslim.
Still, while the first group of naysayers have at least some moral arguments against capital punishment, it is the second group, which sees any act only through the prism of identity, which is more dangerous to our society. Such people strike at the very roots of a community as for them, sectarian identities take precedence above all and any person is condemned to be hostage to the identity he was born with. For them, a person's gender, class, religion, education, caste, physical attributes, are all what matters and subsume the most noble or the most ignoble achievements that person could have made.
It was quite unfortunate and at the same time, revealing, that the hanging of Yakub Memon coincided with the demise of a much-loved ex-President of India, Dr APJ Abdul Kalam. Dr Kalam’s passing to the beyond was met with an outpouring of public grief, the scale of which should humble most politicians. Only a few days later, a convicted terrorist was hung to death. His funeral procession was attended by thousands and even in far off Kashmir, the prayer for the departed saw huge crowds and violent protests. The waters were further muddied by many politicians who claimed that Yakub was killed for no fault or that he would not have been killed had he not been a Muslim.
Not to be left behind
have been journalists of various hues, who have parroted similar arguments
against Memon’s hanging.
All this hullabaloo
have made a couple of facts all the more clear – 1. Terrorists have no religion
when Muslims commit acts of terrorism. However, if these
irreligious/non-religions terrorists do get punished, they become Muslims all
of a sudden. 2. Any act committed by a Muslim in the name of religion,
howsoever abominable, enjoys a broad degree of support from the ummah. Before
I get condemned (I still will be), let it be answered if there has been any
voice from the Muslim community or its leadership which says that Yakub was a
party to the murder of innocents and was a terrorist?
Finally, and this comes
from a gutter piece by Wajahat
Qazi, the identity which Muslims in India desire, seems of a ‘Bad Muslim’ - of a
community which is regressive, violent and which cares for little but their
Islamic identity.
Even at the time when Dr
Kalam had been nominated for the post of President of our Republic, quite a few
of our fiberals (fake liberals) had commented that he was being rewarded for
being a Sanghi Muslim. A few Muslim leaders had gone a step ahead and
questioned the very nature of Dr Kalam’s Islam, citing his vegetarianism, his
love for Veena and his unconcern with sectarian identities. Some were more
cryptic ‘Dr Kalam is not a Muslim leader’. Even in his death, these people did
not spare Dr Kalam and insisted on regurgitating
their hatred for a noble soul who acted like an Indian all his life.
For any rational being,
the hollowness of a claim that ‘Muslims are under siege in India’ would have
been defeated by the very sight of an adulating public grieving for an
ex-President who was a devout Muslim, the son of an Imam. Yet, those against the very idea that people
need to and can rise over their humble backgrounds, overcome challenges and
discard identity based theatrics, find it convenient to dismiss Dr Kalam.
Howsoever abominable Wajahat Qazi’s piece maybe, he is only giving voice to
those many who believe that ‘Good Muslim’ (one who is assimilated into the
cultural, social and politico-economic fabric of India) cannot be
representative of Indian Muslims. For him and his ilk, it is only the ‘Bad
Muslims, the one with the wild-eyed fanatical look, always alert for the cry ‘Islam
in danger’ and active participant in violent and criminal acts, who can be said
to be the ‘True Muslims’
Is it really what India and the Muslim community wants?
One can only shudder at
the realization that such thoughts are becoming more and more mainstream. How
are the Wajahat Qazis’ of world any better than those handful of fanatics who
would want all Muslims to be transported to lands outside India? In fact, they
are worse for they want Muslims to remain Muslims first and Muslims only, and
backwards, and unassimilated into the cultural, social and politico-economic
fabric of India. But why? So that they can claim that Muslims are deprived and
not allowed to assimilate into cultural, social and politic-economic fabric of
India!
If our Nation cannot make
itself punish a convicted terrorist, just how do we propose to fight terrorism?
The only way left for is just to succumb, lay down our arms, open our gates and
invite them to pillage, rape and kill us with impunity.
-----
Many of our liberals, even
when contending that Yakub was hung for being a Muslim, have taken a more nuanced
stand and are demanding that justice be done for other cases of terrorism as
well. Terrorism, as defined by them, equals riots (in which only the Hindu
rioters are to be punished) and Malegaon, Samjhauta and Mecca Masjid blasts, in
which involvement of some Hindu groups is being claimed.
Howsoever strongly one
may condemn the politics and utterances of Owaisi brothers, one cannot deny the
truth in the claim that Sikh terrorists and LTTE terrorists, guilty of equally heinous
crimes, were spared the noose because of political support. Of course, the
other part of the claim that Yakub was hung because he was happened to be a Muslim bereft of any
support, is ridiculous. Still, the very fact of the first part of the statement being
factually correct gives a strong reason for an already suspicious people to get
swayed by rhetoric of the second claim.
There cannot be any
confusion on the fact that punishment for terrorist acts must be swift and at
least, in proportion to the crime. The commuting of death sentences of other
terrorists only underlines our queasiness, the shameless opportunism of our
political classes and our degeneration of our collective sense of nationhood.
Our Nation stands
compromised and our war on terror stands compromised when people are
effectively pardoned simply because they belong to the ‘right’ community, class
or religion.
At the same time, let
it be very clear that riots cannot be equated to terrorism. To qualify as terrorism, the act must attack the symbol of power/authority of the state and
must aim at overthrow of the present order or at least carving out of a new
order. Normally, riots even with all their baggage, fall far short of attempting a systemic change.
In the given case, the
liberal argument is around action-reaction. That the Mumbai blasts were a
reaction to the Babri Masjid demolition and so justified in some sense.
However, the riots which hit Mumbai in December 1992 were a reaction to the
demolition. The riots which started again with the burning alive of a Dalit
family at Radhabai chawl in Jogeshwari were again a reaction to the demolition.
Yet, when the Shiv-Sena led backlash started from January 8, 1993, why is that not seen as a reaction to the preceding days of murder and mayhem?
For argument’s sake,
let us imagine a scenario where riots would have followed the blasts (they were
a very real possibility then). Would they have been considered a reaction?
Yes, those involved in
riots should be punished. Collectively, let us make sure that the killers of
over 300 Hindu victims are brought to justice as well. Let us follow up with the
courts asking them to show the same alacrity in pursuing the cases against
Muslim rioters the way they have done in the cases involving Muslim victims.
As regards the alleged
involvement of Hindu groups in some blasts - even if the allegation is true,
they were a 'reaction' to the series of blasts conducted by Islamic terrorists in
Mumbai, Delhi, Bangalore, Jaipur, Hyderabad, Varanasi and numerous other places
in India. So the fiberal theory of action-reaction applies here too.
Unfortunately, the perpetrators of those blasts have not even been apprehended,
leave alone conviction and punishment. So, using the logic of Owaisi brothers, should we say that the Muslim perpetrators were let go because of political support but some innocent Hindus incriminated without basis?
And in case the
allegation is not true? In what is increasingly becoming clear as a case of
attempted frame-up, there is hardly any evidence against Sadhvi Pragya,
Aseemanand, Col Purohit and sundry other accused. In spite of years of efforts,
even proper chargesheets have not been filed against them. Some claims like
that of Samjhauta express being bombed by them seem even more trumped up as US
agencies had identified Islamic terrorists to be behind those blasts.
Much hue and cry had
been made on the arrest of ‘innocent Muslim youths’ on terror charges. While it
would seem that any Muslim becomes ‘innocent’ by the very fact of his arrest,
for the hapless right-wing Hindu, even trumped up charges are Cain’s mark of
their crime. One does hope that the courts do not get influenced by the brouhaha
over current happenings and consider their bail applications dispassionately.