Uphold the rights of the incarcerated in South Asia, say human-rights advocates

Meant to share this earlier – great discussion last weekend on the rights of the incarcerated in South Asia, organised by Sapan, the South Asia Peace Action Network. Besides human rights advocates and experts, there were testimonies from those who have suffered incarceration, and presentations from Sapan volunteers about prison conditions and best practices in the region. The issues raised are relevant beyond the region. Hope we can keep the momentum going – and we need help to do that. Please like, comment, share and post about this issue that affects all of society. Thank you.

Participants turned on cameras at the end for a group photo. Collage by Aekta Kapoor, eShe magazine.

29 August 2021: “If the government becomes the monster that it can be, then the belly of the beast contains the people in jail”, said Nepali journalist Kanak Mani Dixit, speaking at a regional session on the rights of the incarcerated in South Asia, particularly in light of the ongoing Covid-19 pandemic.

He was among the prominent activists, legal experts, concerned citizens, and formerly incarcerated persons across the region who came together online to discuss the issue on Sunday, 29 August 2021, under the umbrella of Sapan, the South Asia Peace Action Network, of which he is a founding member. 

Held a day before the International Day of the Victims of Enforced Disappearances, 30 August, the meeting underlined the need to recognise enforced disappearance as a distinct crime. The recent commemoration of World Humanitarian Day on 19 August also pegged the need for compassion and empathy for vulnerable communities. The tragic situation in Afghanistan further highlights the need for solidarity in the region and to insist on upholding human rights principles.

The event featured gut-wrenching testimonies in various languages from those who have experienced incarceration in the region, including those who were picked up but not produced before the courts for months or years. Those who fill the prisons tend to be the poorest of the poor as many pointed out.

Continue reading

Dr Khalil Chishty is back home – three cheers for candle-light peaceniks

Ajmer: Dr Chishty talks with his family after his release from jail in Ajmer on May 9, 2012. PTI Photo

A post by my Delhi-based journalist friend Shivam Vij in Kafila but he modestly leaves out his own role in this – it was his idea to get President Zardari briefed about the Dr Chishty case before he left for Ajmer. Thanks to Farahnaz Ispahani for getting the information to President Zardari, following up via Bilawal Bhutto who accompanied the President, and ensured that the matter came up when they met Indian Prime Minister Manmohan Singh. It was after this meeting and their discussion of the case that things began moving forward. Perhaps that was what gave the Honourable Judges of the Supreme Court of India the confidence to make this unprecedented judgement – though not without cautioning that it should not be seen as a precedent! Shivam’s Kafila piece: Dr Khalil Chishty is back home – three cheers for candle-light peaceniks.

PUCL plea to Rajasthan Governor: Sign Dr Chishty’s mercy petition

There is an outpouring of gratitude in India for the role played by Pakistanis, led by Ansar Burney, in getting freed Indian sailors from Somali pirates. But from the Governor Rajasthan, on whose desk the mercy petition for Dr Khaleel Chishty sits waiting for his signature, there is deafening silence. Fed up of the constant wait and wanting to dispel any ideas that the Governors power’s were limited if there is an appeal in the high court, the People’s Union for Civil Liberties (PUCL) sent the following letter. Which is also apparently sitting on his desk. Continue reading

Rajasthan Home Secretary, PUCL, join hands for Dr Chishty

PUCL General Secretary Kavita Srivastava: fighting for a cause

Note: Report compiled from information sent by Kavita Srivastava, General Secretary PUCL, to Dr Chishty’s family and those engaged in working for his release.

With the sympathetic involvement of the Government of Rajasthan and the People’s Union for Civil Liberties (PUCL), hope rises for a Pakistani prisoner, retired virologist Dr Khaleel Chishty, 78, who has been under trial for nearly 19 years before an Ajmer sessions court finally pronounced sentence in January this year, convicting him to life imprisonment (14 years). Continue reading

Aman ki Asha and a daughter’s appeal

Ajmer, Jan 2011: Unable to walk, Dr Chishty is carried to the courtroom. Photo: TOI

In humanity’s name: Aman ki Asha has been campaigning for clemency towards cross-border prisoners – young boys who stray across by mistake or in search of ‘Bollywood’, fishermen who cross the maritime border, families who have committed minor transgressions, long-term prisoners incarcerated for years on either side, until their story is taken up by human rights activists and media…. See articles compiled at the Aman ki Asha website at the link ‘In humanity’s name‘. Four articles, including the one below, published today, available at this link.

A campaign is building up in India for the release of an elderly retired Pakistani professor detained for over 19 years

By Beena Sarwar Continue reading

Dr Chishty incarceration: details from his daughter Amna Chishty

Photo of Dr Chishty taken in 2007 when his daughter was able to visit him

16th April 2011

Details of my father’s case:

Before I go into his case a brief background of my father:

He is almost 80 years old. He received his PhD from University of Edinburgh, Scotland in 1968 in Public Health Virology. He had an illustrious career as a professor and head of department of virology and microbiology at Karachi University. In the late 80’s he retired from his last job as the Director of Public Health at King Abdul Aziz Airport in Jeddah Saudi Arabia. He is a principled man who is well‐read, well bred and well traveled. He worked hard to raise a family of six children – one son (oldest, with engineering diploma), five daughters (one is a doctor, one is a Pharmacologist, two are graduates and myself an MBA in marketing). He educated us and built a house for us in Karachi and supported his younger brother in India as well. After retirement he wanted to live in that house in Karachi and enjoy his retirement with his family and his grandchildren.

The following events led to his current plight: Continue reading

Dr Chishty’s imprisonment: his daughter Amna’s update

Received an email this morning from Amna Chishty in Canada, copied to various people working to secure the release of her father, the aged Pakistani professor Dr Khalil Chishty, a prisoner in India for over 19 years, currently in Ajmer Prison hospital (report in The Hindu April 15, editorial in The News on April 13). She expresses her family’s gratitude for the continued efforts to help Dr Chishty and bring his case to the forefront and stresses the following points that need to be highlighted in the media:
Continue reading

Appeal to Indian President for release of aged Pakistani prisoner

On April 4, 2011 Amna Chishty, daughter of retired Pakistani professor Dr Khaleel Chishty currently a prisoner in Ajmer prison hospital appealed to Aman ki Asha to secure her father’s release, inspired by the Indian Supreme Court’s appeal for the release of Indian prisoner Gopal Dass in Pakistan, whom the Pakistan government subsequently released. Since then, events have moved fast in India, with various high-powered individuals working behind the scenes to help Dr Chishty. Below, an appeal from distinguished Indian citizens to their president.

Continue reading

Neighbours in peace – or pieces?

My monthly column for Hardnews, India, August 2009 – http://www.hardnewsmedia.com/2009/07/3122. Also published in The News on Sunday, August 9, 2009

Karachi, July 26 2009

Personal Political

Neighbours in peace — or pieces?

Beena Sarwar

The auditorium was full of women from far-flung, poor localities of Karachi. One of them plonked herself next to me in the second row along with her daughters, a toddler and a six-year old. A gigantic banner featuring a photo of the late activist Nirmala Deshpande formed the backdrop to an array of speakers from India and Pakistan seated behind a long table on the platform. ‘PROMOTING PEACE IN SOUTH ASIA AND REMEMBERING NIRMALA DIDI DESHPANDE’ it read.

Mumtaz, the young Pahstun mother next to me, had studied up till the eighth grade, unlike most of the other women present. The toddler nuzzled against her to breastfeed from time to time.

The speakers included prominent Urdu writer Zahida Hina, peace activist and educationist from Lahore Syed Diep, parliamentarians from  the PPP and MQM and Indian activist Sandeep Pandey from Lucknow, journalist Jatin Desai from Mumbai, and Kavita Srivastava of the Peoples Union of Civil Liberties (PUCL) from Jaipur. Two other Indians weren’t given ‘clearance’ from Islamabad in time for the visit, meant to further the aims of a joint signature campaign for peace launched earlier this year.

Mumtaz and the other women, mostly wives of daily wage labourers, had been brought there by various ‘bajis’, women activists working in their areas. “I don’t understand everything they’re saying,” Mumtaz told me, “But I know they are talking about the need for peace between India and Pakistan. That is what we all want.”

Her immediate concern was to feed her family. “Maybe if these two countries stop fighting, our lot will improve,” she said optimistically.

“Let the people meet, all other matters will sort out,” a cyclist told Sandeep Pandey and other peace marchers who went from Delhi to Multan in 2005, demanding that the governments of India and Pakistan resolve all matters of dispute through dialogue.

Such basic wisdom is at odds with the justifications for continued animosity presented by ‘intellectuals’ on either side of the border. “India/Pakistan wants to destroy us”; “Stop appeasing India/Pakistan”; “There is no point in talking to them”.

If we listen to this babble of voices whose sole aim seems to be to present their own country’s case as better than the other’s, we’ll never get anywhere. There is an old saying in our part of the world, ‘Taali donoN haathoN se bajti hai’ – it takes two hands to clap.

Let’s stop these blame games and accept that there are problems on either side – of varying degrees and natures, and try and understand the complexities of the problems.

Those with access to the Internet have increased the potential for such understanding. But because we’re not used to talking to each other, the un-moderated exchanges posted on blogs are often crass and offensive. Direct interaction involving basic civility and an open mind is more meaningful.

Some time back, a Mumbaikar emailed saying, “Frankly, with Pakistan itself is in such a mess (Lal Masjid, Swat valley, Taliban, regular suicide attacks and of course the numerous Muslim organisations ranting about Jehad), do you really feel safe in your own country? And the most amusing thing is when Pakistan tells that India is its enemy number one. Wait for a few more years, am sure the Taliban will take over Pakistan. And what pains us, is what did we do to Pakistan. Kargil was Musharaf’s misadventure.”

I replied, yes, Pakistan is in a mess, due largely to the continual disruption of the political process, with no democratically elected government being allowed to complete its terms. “This is the biggest difference between India and us, and what I most envy about your country”.

Still, women do get around here too, carry on with their work and their lives. And at least elements within Pakistan’s establishment no longer consider India as enemy number one.

Kargil was indeed Musharraf’s misadventure. Many of us spoke out against it (were labelled as Indian agents). Pakistan’s military must be accountable and answerable to elected civilian governments. This will only happen if the political process is allowed to continue.

Rocky as politics in Pakistan currently are, with a floundering democratic process, it is only more democracy on a sustained and continuous level that will in the long run yield positive results.

(ends)

See also:

‘HRCP urges Pakistan, India to resume prisoner swap, stop arrests for minor violations’, Aug 5, 2009 – http://hrcpblog.wordpress.com/2009/08/06/hrcp-urges-pakistan-india-to-resume-prisoner-swap-stop-arrests-for-minor-violations/

Why not hang Sarabjit Singh, March 2008

http://www.chowk.com/articles/why-not-hang-surabjit-singh-Beena-Sarwar.htm

Move on please, decisively

NOTE: Published in The Hindu op ed, July 14, 2009, as  ‘For the peace dividend’

http://www.hindu.com/2009/07/14/stories/2009071451040900.htm

A shorter, slightly edited version was first published in Dawn, July 13, 2009

http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/news/pakistan/16-move-on-please-decisively-hs-07

Karachi, Aug 14, 2002: Citizens' peace demonstration at 'Quaid-e-Azam' M.A. Jinnah's Mazar - in the midst of testosterone-charged young men roaring about on motorcycles waving huge Pakistan flags. On learning what it was about, some of them joined the demo...

Karachi, Aug 14, 2003: Citizens' peace demonstration at 'Quaid-e-Azam' M.A. Jinnah's Mazar - in the midst of testosterone-charged young men roaring about on motorcycles waving huge Pakistan flags. On learning what it was about, some of them joined the demo.

Beena Sarwar

The forthcoming meetings of the Pakistani and Indian foreign secretaries and prime ministers on the sidelines of the Non-Aligned summit in Egypt on Jul 14 and 15, again raise hopes for a revival of the composite dialogue process, suspended since the Nov 26 2008 attacks in Mumbai. India accuses Pakistan of not doing enough to contain terrorism. Pakistan counter-accuses India of not cooperating in terms of sharing evidence and translations.

The Mumbai attacks came barely four days after President Asif Ali Zardari’s ground-breaking address to The Hindustan Times Leadership Summit via satellite link from Islamabad on Nov 22. Zardari, Pakistan’s first head of state to promise a “no-first nuclear-strike” policy against India, talked of a common South Asian economic bloc, even a passport-free ‘flexible Indo-Pak visa regime’.

It’s an all-too familiar pattern – goodwill gestures followed by incidents of violence that are used to set back the peace process (Bus yatra – Kargil; talks – Samjhota Express blast; peace overtures – Mumbai). Who benefits? Certainly not the ordinary people but the right wing, the security apparatuses, military establishments and arms lobbies on either side.

Those who critique the push for peace as an obsession of the ‘liberal elite’ and the ‘Punjabi lobby’ ignore sentiments at the grassroots level: while aware of the problems, people on both sides are keen to live as neighbours in peace. This is what surfaces during interactions with ‘ordinary people’ across the ethnic and economic divide as the Indian delegates found when they met with fishermen’s families, workers and community-based organisations in low income localities of Karachi, Hyderabad and Lahore.

At a seminar in Karachi recently to honour Nirmala Deshpande (‘Didi’), the peace activist who passed away in May 2008, most audience members were poor women from far flung localities, brought over by community based workers. Prominent writers, political leaders and activists who addressed the seminar included three Indian delegates (the visas of the other two were ‘pending for clearance’).

Mumtaz, a young Pushtun mother distracted by a six-year old and a suckling toddler, said that her husband was a daily wage earner who was at work that day. To be honest, she said she had hoped to get something out of the seminar like food (which was served at the end). She had completed eight grades of schooling (it showed in her bright eyes) and had attended one such event in the past. What did she think of the event? “I don’t understand everything they are saying, but I do understand that they want peace between India and Pakistan,” she replied, adding, “We should live in peace with our neighbours. Maybe then our lot will improve. We all want that.”

Jaipur-based Kavita Srivastava of India’s People’s Union for Civil Liberties (PUCL), had come with a concrete agenda: to get information about five Indian prisoners incarcerated in Pakistani prisons since 1991.

“Only two are in touch with their families, we don’t even know if the other three are alive,” she said. “When they heard that I got my visa, their families walked for a whole day to meet me. With tears in their eyes they begged me to bring any information I could.”

Kavita spent an evening in Ranchore Lines with Silawat women, Rajasthanis with families on both sides of the border. Shakeel Silawat of the Youth Progressive Council who helped organise the meeting, says such visits are important to increase contacts. “After all, we are one region. We should be able to meet”.

I remember an engineering student I interviewed in 1995 for the Indian magazine Outlook’s launch issue. He hated India’s Kashmir policy and wouldn’t wear Indian-made jeans – but believed that India and Pakistan should cooperate economically even while maintaining separate identities.

A student from Calcutta, who visited Lahore with the Nirmala Deshpande-led women’s peace bus in 2000 following the Kargil conflict, had no Partition baggage or ties to Pakistan. Yet she was overcome with emotion on arriving here. She befriended an engineering student who was volunteering with the group “out of curiosity” (having never met an Indian but hated India and Indians). He told me that, despite disagreeing with official policies “now at least we can talk about our disagreements.” Young Pakistanis and Indians wept as they said goodbye three days later.

I am reminded of these encounters by Ashutosh Varshney’s essay ‘Founding Myths’ (in ‘The Great Divide’, Harper Collins, 2009) in which he suggests that India-Pakistan rivalry be re-imagined “as a thoroughgoing competition, not as a do-or-die conflict”.

“A distinction needs to be drawn between two terms: adversaries and enemies. Adversaries can be respected, even admired; enemies are killed. India and Pakistan must cease to be enemies; they need to become adversaries competing vigorously to become better than the other.”

The stakes are high for both nuclear-armed neighbours riddled by internal insurgencies and ‘religious’ militancy, endemic poverty and high military budgets that directly and negatively impact development.

Zardari’s talk of a South Asian bloc and easing visa restrictions did not emerge from a vacuum – peace activists have been presenting such out-of-the-box ideas for years. The visiting Indians added more to the previous talk, like twinning press clubs and even dual nationality for Indians and Pakistanis (“believe me, many would take it,” asserted award-winning social activist Sandeep Pandey from Lucknow).

These ideas may be ahead of their time – but so then was the Pakistan-India Forum for Peace and Democracy notion first articulated in 1994 that Kashmir is not just a territorial dispute between Pakistan and India, but a matter of the lives and aspirations of the Kashmiri people, who must be included in any dialogue about their future. This formulation has now permeated political discourse.

When Sandeep Pandey and others participated in a peace march in 2005 from Delhi to Multan, villagers enthusiastically welcomed them along the way (though the urban-based media largely ignored this rural activity) and endorsed their  demands: One, resolve all problems through dialogue; two, de-weaponise and remove armies from the borders; three, end visa restrictions.

“One cyclist stopped and said, ‘Make the third demand your first. Once that happens, the rest will sort out’,” recalls Pandey.

The Indian delegates have now left with a renewed sense of the urgency Pakistanis feel about the need for peace with India. They also realise the need to go against the tide back home and push the Indian government to go beyond pressurising the Pakistani government to ‘take action’.

There may be no immediate results to any of these initiatives. But the fact that the governments allow them to take place itself speaks for the realisation of the need to at least maintain such contacts. And in the long run, they create a pressure for peace from below, something for the political and bureaucratic establishments to bear in mind when they next meet.