Sohini and the curse

Sohini died because she refused to compromise. She is yet to get justice.

It was 10.30 pm, a day in June, 2009. Sohini’s father received a call from his daughter, “Baba, please come here and take me home. I can’t live here anymore.”

He was surprised. When he met his daughter that evening, she seemed quite alright. He wondered, what had suddenly happened to her. Why was she begging him to take her away from the home she was living in with her newly married husband? The tensed father called the daughter back. Nobody received the call. That made the situation even worse. The father was miserable, when his incessant calls remained unanswered. Finally, he received a call from his son-in-law. He was panting in the phone, “Sohini is very seriously ill. We are taking her to Hindusthan Health Point Nursing home in Garia. Please come here quickly.” Sohini’s parents didn’t give it a second thought. They were wondering, what really happened to their only daughter! She was in perfect health when they met her that evening. How could she have fallen sick within such a short span of time?

But…..it was too late. When they reached the nursing home, Sohini was lying there, on a cold hospital stretcher, still, calm…………….dead.

What startled Sohini’s parents most was the way she was dressed when she ‘hung herself to death’ (according to the husband and the in-laws). Many questions arose before the bereaved parents. The mother was not in a state to think. But, the father, Mr. Amal Basu was thinking about the prospective causes that might have killed his daughter. It was very unlikely that a young woman would ‘hang herself to death’ without wearing any undergarment! There was only a kamiz with no salwar to cover her lower body! That was what disturbed the father most who had lost his daughter in such a gruesome way. The parents didn’t waste any time to call the police. The police came, took Sohini’s lifeless body to the morgue for routine post-mortem, handcuffed the husband and the in-laws and left.

The Telegraph, Anandabazar Patrika, Star Ananda, Ekdin were there in full force the very next day. The Metro segment of the Telegraph featured a full page coverage on the mysterious death of Sohini Basu; an efficient public relations professional, within a month and five days of her marriage with her classmate of Rabindrabharati University, from where she did her masters in Mass Communication and Videography. This writer had personally investigated the death mystery on behalf of Ekdin. The apparent cause of this death was ‘suicide’, though, no suicide note was found at the site of death. The media featured the story of a love-affair that met with a brutal death. When the police started the investigation, it was found that Sohini had got married to Arup Ghosh, 2 years prior to the social marriage. Why did she hide the marriage from everybody was not clear. The police also found some undergarments and distorted cloths of Sohini scattered around the room where she lived. That made the confusion surrounding the death even deeper. Thereafter came the post-mortem report; a bamboozled piece of paper that announced the cause of death to be ‘by partial hanging’.  Those mystified words proved nothing. Some torture marks were also found on the body. The police revealed that her palms and feet had cigarette burns and some of her hair were lost as if somebody had ripped them off the scalp. The real cause of death was still hanging from a thread.

The police had learnt that a huge sum of money and some valuable ornaments had been given to Arup as ‘dowry’ at the time of marriage. The amount was nearly 1 lakh in Indian rupees! Sohini’s parents admitted to the ‘mistake’ of giving dowry; but the mistake proved to be too big. Their daughter was gone, gone from this world…..forever…

The Sohini Basu death mystery is still being heard in a lower court of Kolkata. The husband and the in-laws, who had enough courage to describe how Sohini dragged the stool and the rope to the veranda from where she hung herself in front of at least 5 ‘witnesses’, were freed in bail and fled. Yes, they fled Kolkata and their whereabouts remain unknown till date. And, Sohini is yet to get justice….

This incident clearly marks the existence of the dowry system, a curse that has almost engulfed the Indian society, even today. An educated man like Amal Basu had encouraged the curse to prove its existence once again. And, the result is, a brutal, gruesome, untimely death.

Dowry, as a curse to the society has long been regarded as a sinister practice, and is banned according to Indian Penal Code. The Dowry Prohibition Act was enacted in 1961. The law prohibits any kind of ‘gifting processes’ at the time of marriage. The asset value must be higher than Rs. 2,000. In application, it was seen that educated young men are claiming dowry in a roundabout way, avoiding the law. A survey showed, at least 56% of married Indian women die because of the sinister practice. They are either killed by their husbands and in-laws or commit suicide after intolerable torture.

In 1983, section 493 A of Indian Penal Code has been introduced that deals with the practice of dowry and the mysterious, torturous death of a woman that involves dowry as a cause. According to the section, committing torture for dowry is a non-bail- able offence. Indian Penal Code suggests that if a woman dies a mysterious death within 7 years of her marriage, then the death would be regarded as ‘dowry-death’. Section 113 A of IPC would see if the woman was tortured before death, and if that is proved, the husband and the in-laws would be charged with culpable homicide. Section 113 B would see if dowry is involved and the woman was tortured for that cause. If it is proved, that the woman was tortured for ‘not giving’ dowry and she died a mysterious death after that, the husband and the in-laws would be regarded as ‘prospective culprits’. They would be given either 7 years or life-time imprisonment according to Section 304 B of Indian Penal Code. These sections of IPC are very important in dealing with the social curse of dowry-death. But, in reality, we see that it is very tough to prove a ‘dowry death’ committed within the four walls of a house. In most of the cases, the culprits are freed because of the absence of ‘appropriate evidence’.  The parents, on the other hand, do not bother to re-open the case as they are also involved in a punishable act of paying dowry.

These are the causes, for which women like Sohini Basu die an untimely and terrible death. There are many more Sohinis all around us. What we lack is social awareness regarding the curse of dowry. Even educated middle class come along to encourage the sinister practice.

When will we ever learn? How many Sohinis will be there to give their life to prove the existence of a social curse, a curse that curbs women to live, to achieve the utmost level of their womanhood…….to be a human being………

Justice Delayed, Justice Denied

It is said, ‘Justice delayed is justice denied’.

What does the ‘rarest of rare’ category of crime deserve at the end? The Indian Penal Code has confirmed the capital sentence for this kind of gruesome and abhorrent act. But, do these ghastly people actually get what they deserve? There are some incidents, took place inside the Indian continent, and their pending ‘justice’ may cast a shadow over the transparency and ability of Indian judiciary at large.

Incident 1: On December, 2006, the world was terribly shocked and shaken as the gruesome ‘serial killing’ of Nithari, Uttar Pradesh (UP), came in light. Two Nithari residents had claimed that they have seen body parts belonging to missing children of Nithari in the municipal water tank of house number D5. UP police was at first negligent to such complaints. But, some of the residents had themselves begun digging up the nearby land area of the house. After finding out a decomposed hand, police was again informed. As they started digging up the land and searching the drain area, they found at least 15 decomposed remains, which were later confirmed by DNA and other forensic tests that they belonged to the children gone missing from Nithari between 2005 and 2006. One among them was an adult girl, named Payal. It was later found out that those children were sexually abused and murdered by the domestic help of the alleged house, Surinder Koli. The police arrested Koli, and within a few days, they picked up Maninder Singh Pandher, the master of the house too. A Narco Analysis has been granted in the case. Surinder confessed to the police of 6 murders. It was later suspected that there may be an involvement of child pornography racket and organ trade. Later, each of the suspicions was found out to be false. At least 6 police officials had been suspended for ‘gross negligence’. The case was later handed over to Central Bureau of Investigations (CBI). The CBI has confirmed the involvement of Surinder Koli in those macabre acts although the investigation agency revealed that perhaps Pandher is not involved in the serial killing. It was assumed that the domestic help is a psychopath in a killing spree, who had strangulated those children to death. Out of 17 victims, 10 were girls. Koli then admitted of having sex with the dead bodies and thereafter butchered their heads and cut the bodies into pieces. The CBI has later confirmed that ‘necrophilia’ (having sex with dead body) is the main reason behind those killings. Media had an important role to play in revealing the investigations to the people of India. They were left aghast when they learned that one of the 2 accused had even admitted of consumption of the liver and other body parts of the victims, therefore raising question of cannibalism!

Koli had given clean chit to Pandher by saying that his master is unaware of those gruesome acts inside his own house. But, on February 2009, the Ghaziabad special session court sentenced both Koli and Pandher to death, accusing them of being involved in 5 of the murders. Later on September, 2009, Allahabad High Court has acquitted Pandher and upheld the capital sentence of Koli for killing Payal, Rimpa Haldar, Rachana Lal, Deepali Sarkar and Arti Prasad. On February, 2011, the Indian Supreme Court has upheld Koli’s death sentence and ordered a probe against Pandher. The master is now facing 5 trials of the remaining 12 and if convicted in one of them, can be re-sentenced to death as the abhorrent incident has been categorized as ‘rarest of rare’ kind of crime. Now, the question is, when such kind of brutal incidents occur, where gruesome crimes like cannibalism, necrophilia are proved to be involved, and the court has to term them as ‘rarest of rare’, how can one of the two accused be completely given clean chit by the high court? Is this possible that Pandher is completely unaware of those crimes which had taken place inside his own house and the remains were found near his house too? Shouldn’t he be tried again as a prime suspect?

Incident 2: On July 2, 1995, the then Pradesh Congress Youth leader Sushil Sharma had allegedly killed his young wife Naina Sahni, whom he had suspected of infidelity. Sharma doubted that his wife had been engrossed in an illicit affair with fellow party worker, Matloob Karim. On the night of the macabre event, Sharma returned his Gole Market home. Seeing his wife chatting over phone, he grew suspicious. By redialing, he confirmed that it was Karim at the other end. In an impulse he shot 3 times from his licensed revolver. The first shot hit on the head which had instantly killed Sahni. The 2^nd one had hit her on the neck and the 3^rd one missed her by hitting an air-conditioning machine. Sharma’s abhorrent act did not end there. He then chopped the body into pieces and carried the body parts inside a gunny bag to a nearby restaurant run by him for disposing them in a tandoor (oven)!

Two local police constables smelt something ‘was burning inside the open-air restaurant’ at the late hour which made them suspicious. They entered the restaurant and found the body parts inside and beside the oven. Some of them were burning on the tandoor. Sharma fled to Mumbai, then Bangalore and then to Chennai with police on his trail. On July 10, 1995, he surrendered to the police in Chennai. Sharma was sentenced to capital punishment on 7^th November, 2003 by a trial court. The Delhi Court on February, 2007 has confirmed the death sentence stating that the gruesome incident had ‘shocked the judicial as well as social conscience’. But, on May, 2007 the Supreme Court division bench of Justice Markandey Katju and S B Sinha stayed the capital punishment of Sharma. At the same time, the apex court is hearing a Parole plea lodged by Sharma who has been permitted to nurse his ailing parents for 4 hours every day. Sharma is lodged in Tihar Jail since 2004. Is this acceptable when justice is delayed in such kind of ‘rarest of rare’ case, where the guilty repeatedly pleas for ‘innocence’ and even after the confirmation of death sentence by the high court, seeks freedom in parole, leaving a 77 year old father seeking ‘justice’ for his slain daughter? Is this ‘justice’ given at all?

Incident 3: On the night of 22^nd January, 1999, Dr. Graham Stuart Staines and his 2 minor sons were burnt alive inside their station wagon in Manoharpur village of Keonjhar district of the state of Orissa. Staines was an Australian Missionary, hailed from Queensland, Australia. He was on a mission to educate the poor tribal people as well as treating them for leprosy. The Hindu activists had alleged that Staines was converting the local Hindus to Christianity what was later denied by his widow. On the night of the macabre incident, a mob led by Dara Singh, the prime accused in the case, set fire to the station wagon. Graham and his 2 minor sons, Timothy and Philip were asleep inside the car. They were burnt alive before police came and rescued them. Police suspected that conversion of Christianity is the main motivation behind the killing. But, surprisingly, in a setback, Indian Supreme Court has rejected the death penalty plea of CBI for Dara Singh, stating that the incident is itself condemnable but does not fall into the ‘rarest of rare’ category. Thus, death sentence cannot be issued. The apex court has also criticized the conversion of Christianity although it expunged its own comment regarding the conversion later in a rare move. Dara Singh was sentenced to life imprisonment. Is it acceptable that a crime like Staines murder cannot be termed as ‘rarest of rare’ where 3 human beings were burnt alive in the name of religion? How can a criminal like Dara Singh be morally supported by the highest court of India, however ‘Hindu-dominated State’ it may be?

Incident 4: It seemed that ‘No One Killed Jessica’.

Jessica Lal was murdered for not allowing a sip of drink to Manu Sharma alias Shidhharth Vashisth. It was the sinister New Delhi night of 29^th April, 1999 that brought a sudden end to the life of Jessica, a young model working as a celebrity barmaid in a night party given by an NRI. Manu Sharma is the son of former Haryana minister Venod Sharma, who, at the time of the incident, was posted at the state cabinet. At that night, Manu along with his 2 friends had gone to the party. They insisted to have a drink although it was already midnight and the drinking arrangement was already over. Jessica refused to give Manu and his acquaintances the drink. They offered her money for buying the material which was already sold. Jessica refused to accept the money. In an impulse, as he confessed to the police later, Manu took out his revolver and shot Jessica from point blank range. The poor model fell unconscious instantly and succumbed to her injury later in the hospital. As the trial began, all of the witnesses seemed to be gone from the party before midnight although, in the initial statement, 4 of them said to have witnessed the murder! Even the prime witness, Shayan Munshi, a friend of Jessica and a TV star and video jockey at that time (now a renowned actor) turned hostile in the trial court saying that his testimony was taken in Hindi and it should be repudiated as he is not familiar with the language! Later, the Tehelka newsmagazine’s sting operation exposed how Shayan was bribed to lie inside the courtroom along with the other witnesses.

February, 2006 saw the acquittal of all of the 9 suspects in Jessica Lal murder along with Manu Sharma for the absence of ‘proper evidence’. Manu Sharma’s initial confession was later retracted and an incompetent Delhi police seemed to have not found the ‘murder weapon’. Newspapers came with the headline on the very next day, ‘No One Killed Jessica’.

Failed to bring her daughter ‘justice’, Jessica’s mother committed suicide. Tehelka started investigating into the matter with the help of Jessica’s sister, Sabrina Lal. It was the sting operation of the news magazine that helped to expose the bribery involvement of the witnesses in the case. The whole operation and Manu’s confession was broadcast on NDTV, a leading television channel of India. People of India, enraged by the mockery of Justice, came to the street demanding justice for Jessica. Indian people hold an SMS campaign which sought the involvement of the president of the country in the matter. A poll conducted by NDTV had shown, only 2.7 % of the Indians believe in the judicial system of the country. A retrial soon began in Delhi High court later in 2006.  Actor Shayan Munshi was detained from Calcutta Airport and all of the 32 witnesses were again summoned by Delhi high court to explain why they should not be tried for perjury. On December, 2006, Delhi High Court found Manu Sharma guilty and awarded him life imprisonment while both of his acquaintances were punished for 4 years. On April, 2010, the Supreme Court upheld the judgment given by Delhi High Court. The earlier verdict in Jessica Lal murder case had clearly shown, how corrupt the judicial system of India is, where politics and money can buy anything at hand. However, media played an important role in bringing justice for the poor model. Manu Sharma is serving his sentence now and his father, the once powerful Congress leader had to resign from the cabinet.

Incident 5: Priyadarshini Mattoo, a 25 year old Delhi-based Kashmiri law student was found raped and murdered inside her home on January, 1996. Her face was beyond recognition as it was brutally battered by the murderer for at least 14 times. It was complained to the Delhi police in 1995 that a senior in her college, Santosh Singh had been stalking the poor girl incessantly. A personal security officer was given to Priyadarshini but later retracted. On January 23, 1996, Priyadarshini was found raped and strangled inside her home. Santosh Singh was arrested as the prime suspect but later released by the trial court as nothing could be proved against him! In its 450 pages of verdict, the court clearly blamed the ineffectiveness of Delhi police for failing to bring proper evidence. The additional session judge even stated in his verdict that, although he knew Santosh was the man who committed the crime, but he ‘forced to acquit him and give him benefit of doubt’. He even blamed CBI, the central investigating agency for fabricating the DNA in the rape case! The verdict gave birth to huge media outcry and mounting public pressure, just like in Jessica Lal case had forced CBI to appeal against the verdict in Delhi High Court. A day-to-day basis trial had started in Delhi High Court in 2006 and the verdict was announced within 42 days. On October, 2006, the high court sentenced Santosh Singh, then married and a practicing lawyer himself, to death as it put the incident into the ‘rarest of rare’ category. It stated that the victim was constantly being stalked by the convict before her death. Delhi High Court also denounced the verdict of the trial court as the DNA sample given by CBI in the rape case was not at all fabricated! In its statement, the high court clearly stated that trial court has ‘acquitted the guilty amazingly taking a perverse approach. It murdered justice and shocked judicial conscience’. Supreme Court later commuted the death penalty and sentenced Santosh to lifetime imprisonment. May be, his big boss father would have played a role there, who knows?

Now, the question is, if anyone has power and money, can he or she be acquitted of all charges even if the individual is a criminal or a murderer? In a democratic country like India, can such things be tolerated? Each and every example I have given so far shows, the judiciary in this country is utterly corrupted. Each and every public sector is here dominated by power where money plays a big role. The previous instances show something like that. What if it goes on and on? How will the faith and tolerance be established if this sinister practice goes on like this?

Suchetana Chakraborty

Aruna Shanbaug’s Passive Euthanasia: A Crime against Humanity?

Should passive or active euthanasia be allowed in a country like India?

The highest court verdict seems to draw a divider between the two by allowing passive mercy killing to a patient in coma for 37 years. The verdict also raised some questions that are needed to be discussed separately.

The Verdict

Recently, the Indian Supreme Court has announced a verdict. Aruna Shanbaug, a Mumbai hospital nurse, lying on the bed for 37 years has been allowed to passive euthanasia by the highest court. But, the Supreme Court divisional bench of Justice Markandey Katju and Justice Gyansudha Mishra has strictly prohibited active euthanasia. Besides, the verdict clearly stated that article 309 of Indian Constitution should be deleted. This article views suicide as a punishable offence. But the highest court ruled that people who try to commit suicide need help, not punishment. And euthanasia is similar to committing suicide with the help of others.

Euthanasia

Before going further, I should discuss the difference between active and passive euthanasia. Active euthanasia is the mercy killing of a terminally ill patient by lethal object through injection. Passive euthanasia is also a process of mercy killing by withdrawal of the life supporting system e.g. heart or lungs machine or withdrawal of food. But, in both cases, the patient should be in the persistent vegetative state i.e. there is no chance of recovery. Active euthanasia is only permitted in The Netherlands while passive euthanasia is allowed in the countries like UK, USA, Australia etc. In case of Aruna Shanbaug, the Supreme Court ruled, the KEM hospital authority can withdraw her food and thus can help her starving to death. The court also has given an option to the hospital authority. If the doctors treating Aruna do not agree to commit the passive mercy killing, they can appeal to the Bombay High Court and their decision will certainly be respected.

Aruna Shanbaug story

Now, who is Aruna Shanbaug? This 60 years old Mumbai KEM Hospital staff nurse has been lying on the bed for at least 3 decades. Doctors and caregivers said, she is in a permanent vegetative state. There is no chance that Aruna would be recovered one day.

What happened to her? 37 years ago, the KEM nurse has been brutally assaulted and sodomised by a 4^th class staff of the hospital. She was found inside an empty operation theatre, lying in a pool of blood, with a dog chain around her neck. Doctors treating Aruna said, the chain had hit her spine, eventually halted blood circulation in brain and thus transformed her into a persistently vegetative state. Aruna has no chance of recovery. Aruna cannot speak; her eyes always stay wide open. She has to be fed through her nose. But, she can understand the charm of music, the taste of food. She enjoys being with friends. She recognize people, she smiles at them. The nurses and caregivers share an emotional bond with Aruna. Nobody wants her to be dead so soon. But question also arises, what kind of living is this?

The Appeal to Supreme Court for Euthanasia

A friend of Aruna Shanbaug as well as a social activist, Pinky Virani had appealed to the highest court for the euthanasia. Supreme Court in its verdict clearly stated that the appeal should be made by the patient himself or herself. If the patient is not in the state to do so, a very close acquaintance like spouse, relative or a ‘next friend’ can appeal for the same. But, the Supreme Court rejected Virani’s plea because it did not consider her as a ‘next friend’. Although the highest court has appreciated her effort, but in its verdict, it was clearly stated that Pinky Virani is not Aruna’s ‘next friend’ of the patient and therefore her appeal could not be considered. Nurses and caregivers close to Aruna chanted slogans after hearing the verdict against Virani, ‘Pinky Virani Murdabad!’

Now, the question arises here is that, how can a social activist appeal to the highest court for a mercy killing of a patient hardly known to her? Although Aruna Shanbaug is not in a state to speak out her desire, wouldn’t it be inhumane to put her life to an end without even asking for her consent?

Should Passive Euthanasia be allowed?

This is the most important question that has been aroused after the Supreme Court nod on passive mercy killing was announced. The highest court clearly ruled out the possibility of an active euthanasia. As a reason it showed that, in a country like India, this cannot be allowed because evil-hearted human may use it to put a family feud to an end. It may be used as a tool to erase enemies for money as well too. But if it is the reason, then why should passive euthanasia be allowed to take place? Wouldn’t it be used for evil purpose too?

There are more things to consider. In case of active euthanasia, the patient in a persistently vegetative state would be injected with lethal substance to put his or her life to an end. A doctor can only be able to give the injection. But, in case of passive euthanasia, the life supporting system would be withdrawn. That may range from a respiratory machine to the withdrawal of food. In case of Aruna, she would be starved to death, if the doctors want, because her only life supporting system is food. Now, the question is, like active euthanasia, passive mercy would include a doctor’s consent too. But, wouldn’t it be more inhumane, if the patient is withdrawn the life supporting system and therefore submits helplessly to death? This would even take much time to succumb as the patient would desperately long for the last breath.

Isn’t’ it a terrible crime against humanity?

Suchetana Chakraborty

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West Bengal Assembly Election, the War without the Warriors

It seems to be the war without the warriors!

Only one and a half months to wait. The assembly election in West Bengal is knocking at the door. No, apparently there is no reason to wonder. But, this time it seems to be quite different as the war is likely to take place without the generals!

Confused? To be more precise, the three main parties of West Bengal, including the ruling and the opposition, are fighting for their cause without their concerned heads.

Mamata Banerjee, the honourable rail minister of India and the honourable head of the opposition party, Trinamul Congress (TMC), has already announced that she is not fighting in this election. She has chosen to stay away though she has not mentioned the reason. But, she did not forget to mention, if people of West Bengal choose her party to be the ruler, she has no objection to ‘lead the government’. In that case, after 6 months of the formation of government, she will stand in the election to be chosen as the chief minister of the state. The constitution of India permits that. But, then what will happen to the rail ministry? She remained silent on the controversial issue of power transaction.

It seems that Mamata’s announcement has provoked another chairperson to stay away from the upcoming election. Although, he has left the decision on the party high-command, but his body language says, he is reluctant to take part actively in the assembly poll. Yes, Pradesh Congress chairperson Manas Bhnuiya expressed his reluctance indirectly. It was not surprising to him, when he faced questions from journalists here, whether he is going to take part in the upcoming election or not. Although he kept his silence, but sources say, he has expressed his reluctance for standing in the election from Sabang, his usual constituency in West Midnapore District. He replied to the questions asked by journalists quietly, ‘who are we to comment on the issue? It will be decided by the party high command’. So, the game is not over yet.

The most surprising thing is that, our honourable chief minister, Buddhadeb Bhattacharya has also been warned by his friends for not to fight in the upcoming assembly pole. They have numerous reasons to fear of course. The chief minister’s constituency in Jadavpur is more TMC prone nowadays rather than the ruling party. The general election 2 years ago had shown that. The chief minister’s image has been tarnished so badly in many cases that there is an obvious cause to fear. His friends have warned him that he is not supposedly going to win the battle. So, he should be more prudent this time. If the chief minister loses the battle, and the party wins, he will have to resign. He will not be able to be the chief minister again. But, if he does not fight, there would be no cause to worry. If the ruling Left Front loses this time, that also would be none of his business. He will not lose his position. Obviously, he will not be able to rule the state again. And, if the party wins, if the high-command wants, he will be the chief minister again.

His friends have done their job. Now, it is his turn to decide on the fact. Will he stand to lose the game? Or, will he step aside for the cause of the party? It is up to him now. The political thinkers have warned him too about the outcome. Netai, Nandigram, Singur, and most recently the Barasat incident have tarnished the ruling party’s image. The administration’s callousness in those incidents has led to further serious consequences. Ruling Left Front has to regain the faith and sympathy they have lost in recent years. And, that takes time. They are not left with enough time.

Who is going to win the battle? That would be clear by time. But, West Bengal is interestingly going to see a battle without generals, which is more or less clear.

It happens once in a blue moon.

Suchetana Chakraborty

Julian Assange: got trapped in a conspiracy?

Julian Paul Assange. With a background of an e-mail hacker, and the founder of a whistle-blower website, Assange has lasted as a rapist and a womanizer in jail. Though he has finally managed to get bail, he is now fighting an extradition case in London as Sweden, where the two women colleagues have filed rape and sexual assault charges against him, badly needs him back in its hand. But, can it be considered as rape or assault anyway, what Assange has done? Or is he trapped by the rigid law of a ‘feminist’ country?

In August, 2010, the Wikileaks founder has gone to Sweden. He was to attend a number of events. After giving his valuable speech, Assange got involved with those two women. One of them was the organizer of an event herself. But, what Assange has done generally goes unnoticed in the free society of West. Then how he has got trapped? It was just after the first US secret cables came into light. Courtesy, Wikileaks.

Two separate rape and assault cases were filed against the founder of the whistle-blower site. Julian Paul Assange incessantly denied the charges against him. Merely sleeping with somebody cannot be considered as a crime in a democratic society. This is what exactly Assange has done. He eventually slept with two women in a very short period of time. None of them are his fiancé, so he had no obligation to maintain secrecy even. But, he maintained. And that was fatal for the Australian hacker. According to Assange himself, these women came to know each other and after learning everything, they decided to go to police. And the result is, Julian is awaiting an extradition to Sweden, where he might be jailed.

Assange is obstinately stressing on the fact that he didn’t rape anybody. He never even assaulted anyone. He slept with those women with mutual consent. And therefore it cannot be considered as ‘Rape’. But, the Swedish law is strict enough to put Assange into prison for lifetime even there is mutual consent for the love-making. And that is where Assange got trapped. The women claimed that Julian obviously had sex with them with their consent. But, in one incident, the condom tore up in the midway. But, Assange continued to have sex without the preventive, even after his companion objected. Sex without condom is considered as ‘rape’ according to the rigid Swedish law. And this is what exactly Assange has done. In another incident, Assange tried to have sex while his companion was sleeping. The lady eventually woke up and discovered herself in that awkward position. She lodged in her complaint that, Julian continued to have sex with her in spite of her objection. Therefore, it can be considered as ‘rape’. In Sweden, these are all punishable offences. So, this is quite obvious that Julian Paul Assange is going to get inside the prison. For how many days, God only knows. The British court has already dismissed Assange’s plea for his trial in London. So, his extradition to Sweden is only a matter of time.

But, why after so many days these two women had decided to lodge their complaints? Assange himself claimed that although he has got trapped by the rigid law of Sweden, the United States is behind all those troubles. While speaking to media after the bail was granted, Assange vowed to continue his work as a whistle-blower. He even threatened to publish all the remaining cables he has in his hand one by one. It is a matter of proof whether Pentagon has really played a cunning game behind the rape and assault cases. But, The Wikileaks indeed kept its promise. It has never stopped publishing secret cables even when Assange was behind the bar. Assange claimed that the United States could not instigate a criminal investigation against him for publishing such secret cables. Therefore, he is not a criminal. Assange asserted that US is afraid of him and his website. Assange is obstinate in revealing the ‘truth’, even after he is being threatened to be put behind the bar. May be, his claims would never be considered. But, it is the spirit and virtue of a whistle-blower that one must salute. A worshipper of truth and humanity, a fearless Gandhian? Perhaps he is.

Suchetana Chakraborty

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Iran’s Democracy and the Situation of the Opposition in the Middle-east country

In the disguise of a democratic state, Iran is turning out to be a hard-line Islamic state. After being elected for a second term, the President himself has taken initiative to strangulate the voice of the opposition so far. It has become such a sinister practice that the autocratic ruler is now instigating a constitutional reform, which may empower the state to try the opposition leaders for their ‘impudence’. There are chances that the leaders may be hanged if the state declares them as ‘enemies of the state’. The punishment for this kind of ‘offence’ is always capital in the extremist regime, which can endanger the possibility of a republic to be transformed entirely into a dictatorial one, which does not allow the opposition to raise their voice of concern.

June, 2009. Iranian President Mahmoud Ahmedinejad had been elected for a second time. Aftermath of election had shown the world, how the opposition voice can be strangulated by the order of the state (though Libya is walking through the same path nowadays). Ahmedinejad ordered police to open fire on the opposition rally which had killed numerous people. The repression of the state was so brutal that an arrest warrant was issued against each and everyone who opposed Tehran and its policy. Days have been really hard for the opposition leaders like Mir Hossain Mousavi, Mehadi Karaubi. Iran has so far tried several people for ‘opposing the state’. It’s when the international world starts questioning, how is this possible in a democracy? These ‘oppositions’, tried in a lower court, have been termed by Iran as ‘spies of West’. No, they were not sentenced to death so far. But, they do not include only the political activists as well. There are many intellectuals whom Iran has imprisoned inside the darkness of Evin. Starting from Clotilde Reiss, a French Academician, there are numerous examples of intellectuals, who are being tried for ‘espionage’ after the disputed election of Ahmedinejad. Clotilde was living in Tehran at the time of presidential election. She used to send mails to her friends in France about the repression of Iranian Government and its brutal purging of the opposition all over the country. Later freed on condition and exchange of an Iranian convict (a former minister involved in a murder had been imprisoned in France), Reiss was soon termed as a ‘spy’ and arrested by Ahmedinejad police. After getting hold of Clotilde, France dismissed Tehran’s allegation that the French academician is a ‘Mata Hari’. For the same allegation, three Americans are now being tried to the lower court of Iran. The fates of Joshua Fattal, Shane Bauer and Sarah Shourd are yet to be decided. They too were arrested in June, 2009, after the disputed presidential election from the Iranian border with Iraqi Kurdistan, allegedly ‘spying for the west’.

‘The great dictator’, after being elected for the 2^nd time, allegedly claimed that the Western world, including Britain, America has been tried to disrupt the Presidential election and thus tried to get hold of the country secretly. He termed the opposition leaders as the ‘western spies’ and brought assertions that all of them are actually involved in a terrible ‘conspiracy’ against the state and should be tried for ‘trying to sell out the country to the West’. His latest initiative to reform the constitution only proves that he is trying to dismantle the opposition voice. Thus, his ‘endeavour’ is worsening the situation of the opposition day by day.

Talking about the intellectuals, who have been imprisoned for supporting the opposite power, one cannot skip mentioning Jafar Panahi, the worldwide acclaimed film director. Panahi was allegedly being seen at the opposition rallies, raising voice against the dictatorial power. The misfortune came in the disguise of Iran police when Panahi ventured to write a script of his new film, stating the condition of the country, the autocracy of the ruler and its initiative to throttle the opposition voice. Panahi had been arrested along with his acquaintances from a dinner party at his own home. Freed for a while on bail, he had been tried for ‘espionage’. Later, the court had sentenced him 6 years imprisonment, barring him from making films for 20 long years! In another word, it has virtually ruined the filmmaker’s career. Despite the objection from internationally acclaimed actors and directors like Juliette Binoche, Abbas Kiarostami, Iran has not moved an inch from its position. Later, in a statement forwarded to the press, Panahi said, ‘they have condemned me to twenty years of silence. Yet, in my dreams, I scream for a time, when we can tolerate each other, respect each other’s opinion and live for each other’.

But, Iran Government seems to be deaf to his concern. How can they tolerate the opinion of others? There are highest possibilities that this may empower the opposite forces to topple the autocratic ruler, strip him off from his power and get hold of the country itself. How can Ahmedinejad government let it happen? That is why, Panahi’s voice of concern seemed too loathsome to them to be taken into account. Iran’s latest movement just proves that.

Will the day ever come when each and everybody in Iran will be able to communicate their opinion in public without the fear of being arrested, interrogated and imprisoned? Will the Adolf Hitler of today be shown mercy then? You never know. The terrible surge of Egyptian and Libyan opposition movement may stir Iran too. What is the other possibility? Iran may slowly, gradually be turned into a complete autocratic, extremist state. Time can only give the answer, what is likely to happen.

Corpses have Colour in West Bengal

It has become apparent nowadays in West Bengal that if you have to do politics, that should be evolved around a dead body!

It has been increasingly seen today that the Bengal politicians have turned on and on in front of the television camera and people have seen them mourning for a victim so far unknown to them. Therefore, suddenly the unfortunates turn out to be political activists! Both the government and the opposition start claiming that the victim was their own ‘party-cadre’! This dirty practice of politicizing death has begun only for 2 or 3 years.

Starting with the incident of Barasat, a number of events will only affirm that there is obviously a dirty politics conspiring around some brutal killings. What happened in Barasat, a township area in North 24 Pargana district? Rajiv Das, a 17 year old Madhyamik examinee was butchered to death while trying to save his sister from the eve teasers. On that sinister night, Rinku Das, Rajiv’s sister was returning from work. She is a divorcee and sings at a bar in Kolkata. On that day, she had to work late and had to avail the last train to return home. Her brother came to the station to take her back. But, the poor souls didn’t know that 3 local goons were waiting for them in the midway. They persuaded and halted the bike, started teasing Rinku and tried to kidnap her. Rajiv protested. But, the goons captured him and began beating him mercilessly. Rinku relentlessly screamed for help but nobody came. There were at least 5 policemen on their duty that night as the district magistrate and the police super live nearby. But, they turned their back on the helpless siblings while the anti-socials stabbed Rajiv to death. When the dead body came for funeral, the chief minister of West Bengal was already at the Das ‘Capital’. The opposition Trinamul Congress Party (TMC) had already started protesting outside, screaming and creating chaos, whiles their leader and our rail minister, Mamata Banerjee announced, ‘the poor boy was our party member!’. Partha Chatterjee, the spokesperson of TMC claimed in front of television camera, ‘we are proud enough that Rajiv Das was our party member!’ (Rajiv was a Madhyamik Examinee and had nothing to do with TMC or CPM) He went on claiming, ‘this is a deliberate conspiracy of the ruling party.’ Not only that, while each and everyone started questioning the role of administrative service in West Bengal, TMC had arranged a hearse to carry the dead body for funeral. That was too much for the friends and relatives of Rajiv-Rinku. They refused to take the hearse and did the funeral by their own. Rinku later said in front of television camera, Rajiv was a mere teenager, and had nothing to do with the green or the red party. The upcoming legislative election has transformed the poor soul into a party cadre from nowhere!

If we look back, we can see a number of incidents of same kind. A few months ago, a student in Andul College was killed out of a clash between the supporters of leftist Student Federation of India (SFI) and Trinamul Congress Chhatro Parishad (TMCP). Swapan Koley, the poor deceased was a member of SFI. But, as the body was released for funeral, SFI carried it to the party office; TMC had clearly envisioned the upcoming ‘danger’ and suddenly arranged for the corpse of Sanatan Hembram from the agitated ‘Jangal Mahal’ to compete the race. Unfortunately, later the Maoists claimed that Sanatan Hembram was one of their cadres, who had become green out of the blue! What a contrast!

But, from where did it all begin? When did the game start running? We have to step a few years back therefore. Rizwanur Rahman’s death stirred West Bengal massively. When the corpse was found on a rail-track, there was a huge speculation whether it was a murder or a suicide. Later, we came to know that Rizwanur’s millionaire father-in-law, the Lux Cozy business tycoon Pradip Todi and his brothers were involved in the conspiracy. But, it was yet to be announced whether it is a murder or a suicide. As the case was handed over to CBI (Central Bureau of Investigation) from CID, the state investigating agency, Rizwanur’s brother Rukbanur began to be seen in front of media, claiming the ruling party’s involvement. Meanwhile, Rukbanur-Rizwanur’s mother, Begum Kishwar Zahan was being seen in the party-meetings arranged by the opposition TMC, holding Mamata’s hand, saying, ‘Mujhe Insaaf Dila Dijiye!’ (‘Bring me justice!’). Rukbanur took a step forward and stood in the municipal election as a TMC candidate. But, alas! Unlike, Asif Ali Zardari in Pakistan, Rajiv Gandhi in India and somewhat like Zaroslaw Kachzynsky in Poland, Rukbanur failed to gain the ‘sympathy vote’. It was too late for Rukbanur and TMC as people of Bengal had already realized the colour of politics evolving around a tragic consequence.

But, that could not stop politicizing death in West Bengal. The severity is increasing day by day. It is increasingly felt, how one needs a colourless, neutral state to live in. And what about our ‘intellectuals’? The backbone of the society also could not keep themselves away from the colour politics. They light candles and march through the streets of Kolkata, protesting against the death of Rizwanur, against Nandigram, Singur, but they never raised their voice against the merciless butchering in ‘Jangal Mahal’. They create sensation over a murder, but they do not care about the bullet-riddled dead bodies lying on the streets of ‘Jangal Mahal’ every day. Who are those people? Why are they being killed? Who is behind those killings? Why Maoist posters are being found beside the corpses beyond identification? Everybody knows the answer. But, the so-called backbone remains silent because perhaps these dead bodies have no colour!

How can they protest for the colourless, being engrossed in the politics of colour themselves?

Suchetana Chakraborty