WE THE STATE 30th ISSUE

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6 BHOPAL April 22 to April 28, 2013 View Point WE THE STATE The necessity of Truth Commission in Kashmir Valley POOJA TARTE Email: hirdelawassociates@gmail.com Abdul Majid Zargar with context to an establishment of truth and commission in Kashmir quoted that “The state first killed people, and then it killed the truth. It now wants the linen soaked with the blood and honor of helpless population washed through an arrangement called as truth and reconciliation commission.” The issue of Truth Commission in Kashmir cropped up again and again by the Chief Minister Omar Abdullah after the discovery of so many unmarked graves. Scholars and jurists often argue that Truth Commission is formed after countries who vacilitate themselves from authoritarian state to democratic state. The reconciliation, rehabilitation, reparation and compensation is often done when countries go through transition and a new government is being elected. For instance when apartheid ended SATRC came into force and when East Timor got freedom from Indonesia, then emerged the Timor Lest Commission of Truth and Friendship. Kashmir has a different story. The conflict has not resolved there yet. The writer asserts that the truth and reconciliation commission differ in there authority for instance few recommend amnesty, few seizure or search and few prosecution. It is feared in Kashmir that the truth commissions will be used in Kashmir as tool to grant amnesty to al the army personnel, militant groups and all the heinous perpetrators of crime. The perpetrator holding such political powers will then confess the crime and amnesty will be granted to them and then will again walk freely without any fear. This will not curb down the problem but will lead to increase in number of rapes, molestations and abuses because there shall be then no fear of punishment. Regarding this issue New Delhi based advocate Ms. Warisha Farasat said that “There is still no acknowledgement from the state about the serious human rights violations that have happened .There are still human rights violations going on. It is very important for TRC that there is a transition to a situation where human rights violations have almost completely stopped. I do not think that is the situation at the moment.” Furthermore she argued that “who are these people who will head a TRC for Kashmir, who will have legitimacy among all different stakeholders.” In this context CM Omar Abdullah quoted, “ tragically we have locked ourselves into cycles of violence where protests leads to death leading to further protests leading to further causalities.” MY PERSPECTIVE Before starting up of any new body of governance the Indian government should first put a ban on Draconian laws like ASFP through which these military people get easily released out of all charges. These are the laws due to which all the perpetrators enjoy impunity. These forces constantly get engaged in commission of crimes. The government should now become very serious in providing justice to women in Kashmir. There has been a continuous grave breaches of human right violations being observed in Kashmir. The situation of convalescence still persists in the valley. The nepotism by politicians, armed militant groups, and high ranking officials has become conventional now. The officials who try to show honesty are killed or smothered down. As discussed earlier the women in Kashmir get exposed to attacks from everywhere. India should not ratify itself to the Rome statute. International Criminal Court is more of governed by its permanent members and is also subordinate to the United Nation Security Council. If India ratifies the statute then there will be too much of political interference into the internal affairs of the state. The fear of India to be a part of Rome statute is justified but yes women in Kashmir valley are crying for justice. As per the aforesaid discussion International Criminal Court has the provision in chapter VII, wherein non-members of International Criminal Court can be brought into jurisdiction, if there are very heinous crimes committed in such a non member state. Furthermore, scholars often argue that truth and reconciliation commission comes up after a war ends and a new government is elected. According to few Indian jurists Kashmir has a different story where the war is still going on and so its difficult to create a Truth Commission therein. I deny the above fact and favor the establishment of a Truth and reconciliation Commission in Kashmir termed to be as the Kashmir's truth and reconciliation commission. The members of such Truth Commission should be the leaders from India as well as Pakistan who will be voted by the democratic people of India and by the people of Pakistan. The leaders need to be efficient people working for NGO's, professors from legal arena and attorneys from courts. There has to be more and more active participation of women in such Truth Commission. Such Truth Commission should be formed to have in rehabilitation, reparation, reconciliation and compensation programmes. The option of granting of amnesty should not be a part of such Truth Commission so that the offenders are punished through trials and justice is delivered to the victims. In conclusion a Truth Commission is ultimately a better option and the setting of such impartial body of governance will be a indubitable step to provide justice to women in Kashmir Valley. In this context the journalists of India are of a view that “The people of Kashmir valley are wounded physically, socially, culturally and psychologically due to the long turmoil. The afflictions are deeply engraved in the hearts and minds of people. Kashmiris are left with the only question. The step towards establishment of a Truth Commission will be a step towards peace in the valley.” RECOMMENDATIONS Amartya Sen once said, “The most important argument for focusing on women agency may be precisely the role that such an agency can play in removing the gender based inequities that depress the well being of women.” It becomes very important that women should be socially as well as economically independent. Women should be encouraged by families as well as the society to come in power and participate in the bureaucratic operations of the state. The women victims should be provided with monetary funds in order to equip them to start their own business. In context with Jammu and Kashmir, India and Pakistan should join their hand for helping out the women victims and curbing down poverty and violence. This is a century of globalization and so are the global citizens who should chime in together to heal up the widespread torment. The UN donors need to assist the needy with financial help. There is an urgent need to adopt the practice of vetting and to suspend all corrupt officials from the bureaucracy. It is very important to have in fair and just channelization of the compensation that has to be provided to women victims. An active participation of NGO's from the international arena is a need of an hour. There should even be an increase in the role of media activities covering the suffering of the needy and in creating awareness amongst the stronger section of the society. Truth should be revealed through sting operation programmes, rally and interviews of victims by journalists, etc. In the context of Kashmir issue, the writer asserts that it is very important to have workshops on awareness and teaching them to defend themselves in situations of conflict. There has to be more of a gender sensitive reparation policies and a special unit to investigate war crimes from the gender perspective. There is an urgent need to set up a women’s task force with more participation of women. The running up of such task force needs to be done by women. Such participation should be done from various sectors like that of media and communication, health sector, legal sector, security and defense, education sector, personality development sector and psychological sector, hence encouraging women from each and every sphere of the society. If we are serious to bring a change in the condition of women and girls and help them to lead a normal life, then we should empower women and girls with education, so as to bring a positive change in the society. This can be done by setting up grass root level organizations to articulate and press for the need of education and awareness. The past situations can only be dealt by creation of powerful multiple mechanisms. It focuses on the need to create governance which could focus on the political, social and economic rights of all the citizens irrespective of gender race or status. It is very important to have a truth and reconciliation commission in Kashmir as the life there in is becoming miserable. The fear of India to ratify to Rome statute is also justified but at the same time justice has to be delivered to the victims. I favor Omar Abdullah but at the same time strongly oppose the fact of granting impunity to the wrongdoers, if in case a truth and reconciliation commission gets established in Kashmir. I have grown up in a country where, even today a large part of the female population is unprivileged, uneducated and struggles for a respectable living. With this work, the writer tried to throw some light on the complicated situations of the silent playing women population in Jammu and Kashmir. Our long term goals should be focused on to make a contribution, however small, to the health and happiness of her fellow citizens, by narrowing the circle of unequal and unsustainable life. A little step can make a difference for our fellow beings.
7 BHOPAL April 22 to April 28, 2013 Glamour WE THE STATE Pooja Bhatt Hesitates to Talk about Rape Victims Pooja Bhatt, one of the heralders of adult films in mainstream Bollywood, is cautious of expressing solidarity for the rape victim, reported agencies The 41-year-old actor-turned-director producer of films like "Jism, "Rog", "Paap", "Jism 2" said that she doesn't chance voicing her opinions on rape victims since she has promoted obscenity. Bhatt deeply upset with the ongoing social crisis tweeted, "This is not a world to bring more children into. This is certainly not a nation to bring more daughters into. Violence is their destiny." But then she added that many feel she doesn't stand the right to support the rape victim. She later posted on twitter, "Each time I speak up about rape or sexual abuse, some 'saint' tells me that I have no right to since I introduced a 'adult film star' to Bollywood." "I humanised an 'adult film star' and got her accepted into the mainstream. The rest of Bollywood is now free to objectify her like they do most women." Bhatt had introduced Indo-Canadian porn star Sunny Leone in Bollywood with her film "Jism 2". Leone features in Sanjay Gupta's "Shootout at Waadla" for which she shot a raunchy item song "Laila". Bhatt had also introduced Bipasha Basu in the role of a seductive vamp with her erotic thriller "Jism" (2003). Aishwarya And Abhishek Bachchan, Happy Wedding Anniversary The cupid couple Aishwarya Rai and Abhishek Bachchan are celebrating their 6th Wedding Anniversary today. So on this occasion “We The State” wish them a very happy anniversary! After six years of their married life, the couple is now proud parents of 15-monthold baby girl named Aaradhya. The smallest member of Bachchan family, Aaradhya, became a child celebrity with shutterbugs trying to capture her photo. This year, the anniversary is very special for the couple because their little angle Aaradhya will be with them. According to reports, the couple will be celebrating their anniversary in New York. They were in Vancouver, Canada recently for the TOIFA awards, where Abhishek said while receiving an award: "I really owe this to Aishwarya and the love and support she has given me. She makes me the person that I am." After the award ceremony, the trio left for New York, where they first visited Shweta Bachchan's motherin-law Ritu Nanda, who has been hospitalised. Dangerous trend: Celebrities like Amitabh Bachchan encouraging mob justice ? Jaipur: This incident has the potential to trigger off a dangerous trend as many people, including Bollywood star Amitabh Bachchan seem to be favouring ‘mob justice’ in barbaric rape-cases similar to five-year-old girl rape in Delhi. We are entering a dangerous territory as a 25-yearold rape accused was beaten to death by the father and brother of the allegedly raped girl in Bhilware district of Rajasthan. The incident occured at Ahinsa circle under Subhash Nagar yesterday where Prem Shankar and his son Shyam beat up Shankar Lal Jat, police said on Saturday. Jat was rushed to a hospital where he was declared brought dead. The daughter of Prem Shankar was allegedly raped by Shankar a few days ago and an FIR in this connection was lodged on Thursday, the police said, adding that the father and the son duo were absconding. After the brutal rape of a five-year-old in Delhi, people are protesting on the streets. They are increasingly getting frustrated at the apathy shown by the Delhi police, politicians and administration in taking concrete measures to curb the menace. Such is the level of anger that civil society runs the risk of being barbaric. But if everyone tries to settle score like this then very soon there will be anarchy and bloodshed on the road. Sadly, our icons seem to be getting swayed away with the enormity of the crime and happen to instigate people to take law in their own hands. Reacting to five-year-old girl's rape, Amitabh Bachchan wrote on his blog: “Even animals have certain codes of conduct! Jails are not the solutions...keeping them bound and confined shall not change them or their thinking...They need to be made examples of. They need to be shamed first publicly and then left to the public to deal them justice in whichever way they see fit." Perhaps, time is running out for the government as people are getting impatient. But, this should not be an excuse for us to tread the path of criminals. (Agencies)
Page 1 and 2: We APRIL 22 TO APRIL 28, 2013 BY SP
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Page 5: 5 DINESH BAHUVA Email: dbahuva@gmai
Page 9 and 10: 9 BHOPAL Madhya Pradesh can expect
Page 11 and 12: 11 BHOPAL The very same day he gave

WE THE STATE 30th ISSUE

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