Monday, March 18, 2013

My Tamil Identity





For years I have pondered over the question of what is my identity and who do I identify myself with. While I admit being envious of my friends who claim to have no identity or affiliation, I could not bring myself to belong to that brigade. I know I belong, I know I am branded and I know I am comfortably proud about it.

Over the last year in Costa Rica my affiliation with the Tamil identity became increasingly clear and the revelations more frequent. My universal identity of course is that I am human and I hence care, this was clear from my early life, academic and career choices. My specific identity has now come to front. I am Tamil, and this is my first specific identity.

My nationalist friends would look at me accusingly, as though I have shelved my Indian Identity. But I ask this, am I Indian and if I am, how so? Of course I am Indian; my passport seems to make that clear. The fact of the matter is I am Indian because I am a Tamil, born in the state of Tamil Nadu, which is a part of the Indian Union. This thus mandates clearly that by accepting the Indian identity I would in fact be pledging my primary loyalty to the enabler, Tamil.

What was the basis on which I detect and accept this identity and more importantly what is the implication of being Tamil? I’m no fool to brag about clear indices or implications.

Identity in itself is a strange thing as it often relates to what you are not rather than to what you are. Being Indian has its own political, social and racial implications. But my instincts, thought process, immediate responses, reactions and deductions are often dissimilar to those of my Indian counter parts from the northern side of the Union.

The question of identity is purely an intellectual exercise until one faces situations where we find ourselves taking sides. It becomes all the more clearer when we find ourselves siding with a minority fraction.

My recent and prolonged stay in Madurai, travelling across districts of Tamil Nadu of whom I knew of from sheer knowledge of geography and news channels has led me to live through the experience of identity crisis and clarity. When I walked into the Madurai Meenakshi temple, caves in remote parts of Madurai with carvings of the Samanas and Jains, the Sriviliputur Andal temple, the Tanjavur Brihadeswarar temple, the forts of Mahabalipuram and several other living breathing proofs of the ancient Tamil Kingdoms, an outer body experience was brought on. I do not know if it was the heat or years of subconscious conditioning that caused this, but I knew my people, my history and my heritage.

There is also the language aspect to the Tamil identity, for the Tamil identity is not just a linguistic identity as it also stems from cultural and intellectual affiliation. I think in Tamil, I understand and analyse in Tamil. I must admit that I am more fluent in English but my core remains conditioned by my first tongue.
 

There are several millions that suffer today in the hands of racial majorities across the globe, then why does the plight of the Tamils bring me to my knees? I feel helpless when I read of the struggles of minorities anywhere, but enraged when learning of continued details of the Tamil genocide.

I find no reason to fight my identity, however I admit that this might not be an unchangeable stand. Over the Tamil identity I will continue to ponder, I will continue to examine and I will continue to question. But I submit and I own it today. I am Tamil.

Friday, March 15, 2013

Criminalization of Hunger Strikes





Hunger strikes are one of the most popular peaceful forms of protest. It is an ultimate act of suffrage and manifestation of the desperate state of the people protesting. 

Early records of the tactic can be traced to India, occurring between 400 and 750 BC, and were highly popular during the independent struggle of several nations. It is often associated with the Sathyagraha movement pioneered by Gandhi.

Over the years there have been several instances in India where persons engaging in hunger strikes have been arrested and branded as criminals. It has been the practice in India to charge persons going on hunger strikes under Section 309 – attempt to suicide of the Indian Penal Code. The maximum punishment for such offence is a one year imprisonment, during such time the person is force fed through a tube and when released, if they refuse to eat thereafter they are again picked up and placed in judicial custody.

One of the leading examples of this draconian practice is the recent re-arrest of Irom Sharmila of Manipur, India. She has been on a hunger strike for over the last 12 years demanding the repeal of the repressive Armed Forces Special Powers Act, AFSPA and the human rights abuses carried out there under.

In 2000 the authorities in Manipur arrested her; since then, she's been force-fed through a tube in her nose. Since then she has been released and rearrested several times. In 2006, Sharmila attended a protest in the India capital, New Delhi. Police there took her from the venue to hospital, and registered a case of attempted suicide against her.

Force feeding, judicial custody and arrests are common oppressive measures the state resorts to while trying to douse such attempts by individuals or groups.

The question to be analyzed is whether the state has the right to force feed hunger strikers? If yes, can will that right not suffice should they be imprisoned and charged with criminal provisions?

Force feeding is done by administering a feeding tube through the nasal passage to ensure that the person protesting continues to receive nutrition. The state does so under its right and obligation to protect life. However, there have been objections to this practice as it is regarded as a form of torture as well. For instance Article 5 of the 1975 World Medical Association Tokyo Declaration states that force feeding hunger strikers is never justified as the recipients almost always are capable of unimpaired and rational judgment to refuse treatment. This arguably also constitutes a human rights violation.

The sociological and psychological angle to this debate also lies with the very criminalization of an attempt to suicide, in cases not involving hunger strikes. Persons who attempt to take their lives are often in a disturbed and vulnerable mental state. They thus require care, attention and rehabilitation. By branding them as criminals, the state is only further worsening their condition. The pitiable condition of Indian prisons is no great secret. Clearly the prison system is not equipped to help these persons. The very criminalization of attempt to suicide is thus an inhuman and draconian provision, not in line with present day human rights obligations.

The Government of India has not made a sincere effort to address this issue. The Law Commission of India recommended the repeal of this section as early as 1971 and, once again, called for decriminalising the attempt to suicide in its 210th report in 2008. On September 21, 2011 the Central Government informed the Delhi High Court that it was seriously contemplating decriminalizing an attempt to commit suicide. However, since, no efforts have been made in this direction.  

India along with Pakistan and Bangladesh are the only South Asian countries still clinging on to this irrational and outdated provision of law, which serves no good other than to be used as a weapon to silence and further harass the victims. Section 325 of Pakistan Penal Code and Section 309 of Bangladesh Penal Code states that whoever attempts suicide and does any act towards the commission of such an offence shall be punished with a simple imprisonment which may extend up to one year and/or fine.


The provision also provides an easy exit for the state authorities, who instead of addressing the issue for which the hunger strike is being carried out simply busy themselves with filing out criminal charges against these human rights defenders.  

While most of the focus of the discussions surrounding Irom Sharmila has been on the issues relating to AFSPA and a demand to repeal it, here is an opportunity to examine the angle of criminalization of hunger strikes as a method used by the State to silence Human Rights Defenders.

Wednesday, March 13, 2013

Student Storm Brews in Tamil Nadu against the Genocide in Sri Lanka

After years of disappointment in the sheer indifference of the people here comes news causing some reprieve.

Over the last weeks a storm has been brewing in Tamil Nadu over the heinous crimes of genocide in Sri Lanka over the last 26 years. The Channel 4 footage recently released coupled with Human Rights Watch's documentary and the Resolution proposed by the United States against Sril Lanka for the "war crimes" committed has brought to life the pain and agony suffered by the Tamils.

Students across 16 districts in the state of Tamil Nadu have been engaging in different forms of protest including indefinite hunger strike against the ongoing genocide in Sri Lanka. The movement is particularly one worth of praise.

Several movements over  the past have been tainted with politicians getting involved causing the real issue to get diluted  However, these students have taken the bold step of forcefully announcing that this is a purely student movement refusing any political affiliation.

THe movement started with 8 students of the Loyola College, Chennai going on a hunger strike over the last week. They were forcibly taken to the Royepetah Government Hospital and glucose was administered. There is little doubt that these students were intimidated and pressurized into calling off their strike.

Outrage followed in students all over the state. Students of law, engineering and arts colleges have now taken to the streets setting out diverse demands calling for the Government of India to break its silence.

To the lakhs of Sri Lankan Tamils who lost their homes and loved ones, to the several thousands of women who were raped and tortures, to the thousands of children who lost their innocence and childhood to this brutal genocide this might be too little too late, but this sense of outrage is a hope of awakening among the Tamils all over.

To much of my disappointment none of the big names in National English media seem to be following or covering this story. However the regional channels have pledged their undying support to them. News and updates are being flooded in several social media outlets including twitter and facebook.

Will this make a difference? Will there be an end to the misery of Tamils?

However this ends. I am glad it happened, I am glad it is happening.