Afzal Guru, an example to us all?
By Roland Playle, Kashmir Times, 7 November 2006
The incident which resulted in heavy casualties, had shaken the entire
nation and the collective conscience of the society will only be
satisfied if the capital punishment is awarded to the offender. Supreme
Court Judgment p.204
This is one more example of how the Indian courts are used for making
political statements at the cost of lives of Kashmiri people. On the
one hand the Indian political leaders talk about peace process in
Kashmir and taking confidence building measures, on the other hand
Kashmiris like Afzal are sentenced to death without even a fair trial?
(Resolution passed jointly by Kashmiri leaders at a meeting of the
Society for the Protection of Detainees and Prisoners Rights on
Saturday, September 24, 2006)
The case of Mr. Afzal Guru, the 35 year old resident of Sopore, Kashmir
Valley has cast meticulous light on some of the complications and
contradictions that exist in the on-going imbroglio that is Kashmir. It
may seem inappropriate and uncompassionate to talk about what is life,
and death, of a human in terms of the wider social context but the
current fervour surrounding the issue seems to be precisely indicative
of the state of affairs that has led up to the decision of the state, a
great mighty one at that, to bring a young man's life to an end on what
is conspicuous grounds.
The public outrage that has manifest itself on the streets of Srinagar
and every other city and town in the Kashmir Valley has managed to cast
frowns on much of the on-lookers outside of the valley. The fact that
protests continued in the capital city as well as in other urban areas
some two weeks since the decision became public seems only to perplex
the on-lookers further, reaping space for the angry and frustrated
demonstrators to be branded 'anti-nationals', 'undemocratic',
'fanatics', and even 'terrorists' themselves.
What is worrying is that many of these on-lookers come from the same
state; the winter capital of Jammu city where an over-riding shared
opinion seems to be that this is 'their' issue, that 'we are very much
'separate and different'.
As a foreigner and a new-comer to this region, this vast and sharp
divide in opinions, of misunderstanding and perhaps uncompassion that
can be witnessed in the J&K state has continued to amaze and haunt
me over the past six months
The distanced, unemotional and very often misguided opinions on Kashmir
that I was shared in Jammu city resemble much of the thoughts conveyed
to me in the places I have visited in the rest of northern India. The
mainstream media clearly has a large role to play. The well researched
and carefully crafted articles by Aijaz Hussain (available on
www.kashmiraffairs.org), Hilal Ahmed and Teresa Joseph do much justice
to explain this.
A survey conducted by an advocate of a Bar Association in the Valley
shortly after the announcement of the death penalty showed that the
sentiments of Kashmiris has on the whole remained very much unchanged
in the 20 odd years since Mohammad Maqbool Bhat was hanged in 1984.
There is one view (amongst others) in the Valley of course that Mr
Afzal Guru represents the feelings of Kashmiris and any role that he
may have played in the Parliament attack (even as a 'facilitator') was
in line with the expression of resentment and indignation felt by
Kashmiris who have endured the brunt of a brutal oppression and bloody
conflict over the last 18 years (let alone since 1947). And this view
of course may not even leave space for those who believe the whole case
is a farce and that Mr Afzal Guru has been set up as a scapegoat for
the sake of 'wider' political interest. It has to be said that it
increasingly seems the trial has not been conducted to international
humanitarian standards of law, but then only those who may take the
time, effort and interest to investigate a little further beyond the
mainstream media would find that out.
For those who believe Mr Guru to be guilty of attacking the so-called
'temple of democracy' that is the Indian Parliament, it is not
surprising that a negative reaction may be aroused to the pictures of
the Kashmiri demonstrator's "Afzal is innocent" placards brought to
their houses on television screens or in their hands in newspapers.
But, have they asked what that 'temple of democracy' actually stands
for, or more importantly what that 'temple' and Indian 'democracy'
might mean for the very Kashmiris that have evoked the reactions within
them? And then, would they still be able to turn a blind eye, or even
be party to a decision based on dubious grounds that ends the life of
another being? Just what is the nationalism that resounds so strongly
within them that can justify what may be the killing of an innocent
being?
I believe as humans we all carry a sense of humanity within us. A sense
of justice and a sense of equality. Perhaps however, we all need a
spark to ignite these sentiments within ourselves, to arouse them and
set them into motion from time to time; and if Mr Afzal Guru's case can
evoke that, the farce that has created all the commotion, separation
and destruction even before Mr Guru's hanging may even be worth its
weight.
So far though, it seems unlikely. The national televised debates
surrounding the case seem to focus solely on the legitimacies of
capital punishment itself - rather than the perspectives of Kashmiri
people - and talk of terrorism and national security - as opposed to
the plight of the people of Kashmir, the pains and horrors that have
and are being endured even today. New Delhi's frankly sickening stance
of choosing the date of Mr Guru's hanging on Juma'at-ul-Vida in the
holy month of Ramazan seems directed only to try and exacerbate the
divisions between the Valley and the majority Hindu nation. It does not
breed much hope.
Just as such vast divergence in opinion can be seen within the J&K
state, it needs to be expressed that the onus is on people themselves.
If people are divided so heavily over an issue of basic humanity, how
is it possible that those up at the top may be ushered into giving
humanity and peace a chance? Even if New Delhi decided to accept the
mercy pleas of Mr Guru's family and grant clemency, it is clear the
conflict that engulfs Kashmir will not disintegrate so easily. At times
such as these, do we as individuals take a stance to question ourselves
and our own prejudices and try to open ourselves to understanding the
differences that exist within us all, or do we simply use it as a
chance to lash out self-indulgence through conceited perspectives? The
obligations and burden fundamentally fall on us individuals to bring
about changes for ourselves. Some sort of process or space for dialogue
is clearly in order both within the state and beyond and it is for
civil society to carve out such a space. The plight of Kashmiris needs
be seen in the context of Mr Guru's case to understand where we are all
coming from.
To me there is a certain irony, a bitter irony, to this whole
situation. As Mr Mohammad Maqbool Bhat was sentenced to death twenty
years ago, a man with little public popularity took a role of a revered
Kashmiri leader, a martyr. The armed struggle took on further momentum
and five years later full force. Hundreds and thousands of so-called
'sons of Bhat' were born, taking up weapons to fight for their
democratic rights that were consistently and persistently snatched from
themselves. Mr Afzal Guru was one of these to have joined the JKLF, the
former militant outfit founded by Mr Bhat (Mr Guru later gave up arms
and turned himself into the Special Forces).
Now again, a Kashmiri has been sent to the gallows without fair trial.
This time the demonstrators that took to the streets far out-weigh
those who came out for Mr Bhat. The sort of turbulence and bloodshed
that the Kashmiri people have lived through since 1984 has perhaps been
the severest since 1947. The point is that the impacts of India's
policies towards Kashmir seem only to Kashmir's detriment and within
this, Mr Guru's case seems to have brought a certain trend full-cycle;
a cycle that has cost over 100,000 lives and is now causing bloodshed
beyond the J&K state. The plight of the people has degenerated,
resistance strengthened and conflict aggravated.
The writer is a London-based social worker with a background in visual anthropology.
(Courtesy: Kashmir Affairs)
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