"Victory Becomes the Defeat of the Good": Ram Narayan Kumar

I recently learned of the death of Ram Narayan Kumar, an Indian human rights activist, in Nepal. Kumar, who died of natural causes, is well known in the Sikh community as the staunchest non-Sikh advocate of human rights in Punjab. What drove Mr. Kumar, as far as I can tell, was a pure, principled belief in human rights and democracy, not self-interest or any sense of loyalty to the Sikh community. After 20 years of investigating primary sources and personally documenting thousands of human rights violations in Punjab, in the past few years Kumar shifted his focus to India's northeast -- places like Nagaland and Assam -- where human rights intervention may be most urgently needed now.

I got to see Ram Narayan Kumar speak in New York several years ago, and was impressed by how methodical and dispassionate he was as he spoke about his attempt to document extrajudicial killings and cremations of prisoners during the peak of the Punjab militancy period in the 1980s. Many Sikhs have taken up this cause over the years (indeed, activists still show up at local Gurdwaras every June to lecture about it), but too often emotion takes over from empirical evidence and the need to provide rock-solid documentation. Ram Narayan Kumar focused on the latter, not because he advocated any political cause, but because he had faith in the idea of Indian democracy, and demanded that the system he believed in be truthful, accountable, and transparent.

Though he wrote several books, Mr. Kumar's greatest legacy may be his rigorous documentation efforts of extrajudicial killings by the Punjab Police, which are partially collected in the massive book, Reduced to Ashes: The Insurgency and Human Rights in Punjab. For those who are interested, that book has been posted in its entirety here (PDF, 4.9 MB). I would particularly recommend the documentation section, starting around page 205.

The issue that stood out to me in Ram Narayan Kumar's quest for justice related specifically to the illegal cremation of 2000+ prisoners who were killed in police custody in Punjab in the 1980s. We may never know exactly what happened to these prisoners, or how they died; a Supreme Court ordered CBI investigation has remained sealed, and its contents unknown. But cremation records were at least kept, and provide an unmistakable record. As a result of the efforts of Kumar and others, in 2006, the Indian government's National Human Rights Commission (NHRC) issued monetary awards to the families of 1245 prisoners who were cremated in the mid-1980s. Below is a brief excerpt from one of Kumar's more recent books outlining what happened over the decade of legal proceedings that led to a final resolution (albeit a somewhat unsatisfying one) in October, 2006.

For reference, here is the National Human Rights Commission's order related to its Punjab human rights investigation, dated October, 2006. The report is on an Indian government website (Nhrc.nic.in).

And below is an abbreviated version of Ram Narayan Kumar's account of his investigation, quoted from Kumar's 2008 book Terror in Punjab: Narratives, Knowledge, and Truth. I'll pick up the account after the disappearance of Jaswant Singh Khalra, the human rights activist who first discovered the record of the mass cremations, who was himself disappeared by the Punjab police in 1995:

On 6 September 1995, Khalra himself disappeared. That morning, Punjab police officers kidnapped him from his Amritsar home. In November 1995, the Supreme Court instituted two inquiries to be conducted by the Central Bureau of Investigation (CBI). The first inquiry aimed to determine what happened to Khalra. The second inquiry intended to establish the substance of the allegations that Khalra had made. In July 1996, the report of the first inquiry [I think he means, the second inquiry] categorized 2097 cremations into three lists of 585 identified, 274 partially identified and 1,238 unidentified corpses.



After receiving the CBI's report, the Supreme court, in its order dated 12 December 1996, noted that it 'disclosed flagrant violations of human rights on a mass scale.' Instructing the CBI to investigate criminal culpability and to submit a quarterly progress report, the Court appointed the National Human Rights Commission (NHRC) to determine and adjudicate all other issues and to award compensation. The court's order clearly said that 'since the matter is going to be examined by the NHRC at the rquest of this court, any compensation awarded shall be binding and payable.'



[...]



After 10 years of litigation, exhausted mainly in futile legal wrangling and denials by the State agencies, the National Human Rights Commission disposed of the matter with its 10 October 2006 order, awarding arbitrary sums of monetary compensation to 1245 victims. The order divides 1245 victims of illegal cremations into two categories of 'deemed custody,' meaning those who were admitted to be in police custody prior to their death and cremation, and others whose police custody prior to their death and cremation was not admitted. The categorization is based on admissions and denials by the State of Punjab without further inquiry or verification and without the victim families receiving a chance to be heard. Under the first category, 194 families receive 'the grant of monetary reief at the rate of Rs. 2.50 lakhs' . . . Under the second category, the Commission's order awards a grant of Rs. 1.75 lakhs . . . to 1051 victim families on the ground that the police cremated their relatives without following the procedure prescribed by the Punjab Police Rules.



[... ]



When the Supreme Court designated the NHRC to examine and determine 'all the issues' connected with the matter, it also entrusted the CBI to investigate criminal culpability and to submit a quarterly status report on its progress. Ten years later, nothing is known about the progress the CBI has made in its investigations. The quarterly reports, if they have been submitted, remain sealed and unseen. Yet, the NHRC's final October 2006 order affirms faith that the State of Punjab and the Union of India will take appropriate steps to ensure taht violations do not recur. The faith is misplaced, to say the least, when the NHRC, through the procedure of investigation it followed, barred all 'what', 'why' and 'how' questions. How can there be a guarantee of non-recurrence when there is no knowledge of what occurred? These failures constitute a major blow to more than 10 years of work, and a hopeful engagement with the legal process for justice, reparation and accountability, which a small voluntary group of individuals attempted to develop.



The outcome is very disappointing. Yet, I am not taken aback. The atrocities and their denial, which I observed all these years, occurred in a climate of impunity and its surreal celebration, which is very aptly echoed in India's ancient war epic, Mahabharata: 'Yudisththira sat on the high summit of a mound of human skeletons. There, in a state of visible contentment, he ate his rice pudding out of a golden bowl.' (Source: Terror in Punjab: Narratives, Knoweldge, and Truth)


In light of the life of Ram Narayan Kumar, a second quote from the Mahabharata seems appropriate:

To those who fall in war, victory or defeat makes no difference. All the good people -- the courageous, the upright, the humble, and the compassionate -- die first. The unscrupulous survive. Victory becomes the defeat of the good. (Mahabharata, Udhyoga Parva, Chapter 72, 15-72; link)

Vinay Lal, "The Other Indians"

We finally have a pedagogically useful introductory book on the history of the South Asian American community, Vinay Lal’s The Other Indians: A Political and Cultural History of South Asians in America (see an earlier post on Vinay Lal by Abhi here). Lal’s book covers some of the same topics as Prashad's The Karma of Brown Folk but is much more heavily factual and closely researched -– it’s a work of history rather than a political polemic –- and it’s rich with useful and well-sourced statistics. If I were to ask students to read something about the history of South Asians in the U.S., say, in conjunction with a segment of a course relating to Indian immigrant fiction, I would probably assign this book.

In lieu of a comprehensive review, below are a few highlights and interesting tidbits from The Other Indians that I picked up on: Elihu Yale, early Immigration/Legal issues, Religion, and the old terminology question.

Elihu Yale

Lal's chapter on the early American relationship with India was interesting to me, specifically the account of Elihu Yale (i.e., the Yale who gave Yale University its name):

Well before Indians first began to arrive in some numbers in the United States a little before 1900, trade had brough the products of ‘East India’ –tea, spices, silk, muslin, opium—to New England homes. Salem owed its greatness to the commerce with the East . . . It is the ‘magnificent Oriental plunder’ accumulated by Elihu Yale in India, who served as a lowly clerk in the East India Company’s offices before he rose to assume charge of the Madras Presidency, that lifted a New England college founded in 1676 from the doldrums and prompted its founders to rename the college in honor of the wealthy donor. As a young boy, Ralph Waldo Emerson, later to be known as the ‘Sage of Concord’ and the leader of a group of writers and thinkers who would be characterized as the ‘Transcendentalists,’ often visited Boston’s ‘India Wharf’ which had by his time becomethe leading center of trade with China and India. Emerson confided to his journal in 1836 that everything in ‘this era’ had been made ‘subservient’ to ‘Trade,’ and ‘On us the most picturesque contrasts are crowded. We have the beautiful costume of the Hindoo and the Turk in our streets.’ (Lal, 8)


I have sometimes wondered whether folks at Yale today ever stop to think about the colonial legacy of Elihu Yale. (Is there anyone reading this who went to Yale, who's looked into it?)

The Dark Years: Bhagat Singh Thind, 1920-1940

I also found Lal’s account of the legal history of Indian-American citizens following the Asian Exclusion Act informative. After allowing a first wave of immigrants from India around the turn of the century, U.S. immigration authorities started to tighten restrictions on Indian immigrants by 1910, rejecting more and more applicants, in part because of fears about the Ghadr movement, and in part because of rising general xenophobia about immigrants from Asia. Still, prior to 1923, many Indians could get around racial restrictions by claiming to be ’Caucasian.’ In 1923, this was reversed, when the U.S. Supreme Court decided that Bhagat Singh Thind needed to be ‘de-naturalized’:

In early 1923, the Supreme Court heard on appeal from the Immigration Bureau the case of Bhagat Singh Thind, whose application for naturalization had been granted in the face of the Bureau’s opposition. Thind, a Caucasian of ‘high-caste Hindu’ stock ‘of full Indian blood,’ enterd the U.S. through Seattle in 1912, enrolled as a student at Berkeley in 1913, and was one of a handful of Indians who fought in World War I under the U.S. army. . . . Thind’s lawyers rested their case on the two-fold argument that, on the anthropological evidence, north Indians were Aryans and thus Caucasians, and, secondly, by judicial precedent Caucasians were to be construed as whites. Justice Sutherland took the contrary view: in the ‘understanding of the common man,’ . . . ‘white’ clearly denoted a person of European origins. ‘It may be true,’ wrote Sutherland, ‘that the blond Scandinavian and the brown Hindu have a common ancestor in the dim reaches of antiquity, but the average man knows perfectly well that there are unmistakable profound differences between them today.’ The ‘Aryan theory’ had been ‘rejected by most, if not all, modern writers on the subject of ethnology,’ and the word ‘Caucasian,’ Sutherland argued, ‘is in scarcely better repute.’ (Lal, 37-38)


Funny that Judge Sutherland, in 1923, was casting doubt on the Aryan invasion theory even then. (Isn’t it strange that some people still want to believe it’s true, even today?)

Another surprise in Lal’s account is of the years subsequent to the Thind case: despite the fact that the U.S. had decided it could de-naturalize Indian immigrants who had achieved citizenship, in practice, it happened to very few people. A lawyer named Sakharam Ganesh Pandit, who was a naturalized U.S. citizen, successfully went to the Supreme Court in 1927, to defend his naturalization as valid, and after that de-naturalization was quite rare. The real impact of the Asian Exclusion Act and the Thind case was that Indians no longer immigrated to the U.S., and many who had already settled here decided to leave. According to the U.S. census, there were 8000 Indians in California in 1917, but only 1,476 by 1940 (Lal, 40). Throughout the entire country, there were only 2,045 self-identified Indians present in the U.S. in 1940. (Just forty years later, in 1980, the Census recorded 387,223 Indians in the U.S., and that number has of course jumped again in both 1990 and 2000.)

Religion: Hindu Temple Architecture

I also learned from Lal’s treatment of religion as it is practiced by Indian Americans. He does not ignore some of the radical religious groups, like the VHP-A. But he doesn’t obsess over them either, and he makes space for a detailed account of the complexities of Hinduism as it is actually practiced in the U.S. by ordinary people. He has, for instance, interesting details on houses of worship, referring to some of the new temples that have been built with strict adherence to architecture stipulated the Shilpa Sastras, as well as the more syncretic temples that are structured very differently than they would be in India. I thought the following was interesting, along these lines:

A large metropolitan center such as Los Angeles is home to a Murugan temple, at least two Radha Krishna temples, a Kali Mandir, a Devi Mandir, a Sanatan Dharma Mandir, a Lakshmi Narayan Mandir, a Sri Venkateswara temple, and close to a dozen other temples. The nondescript Valley Hindu Temple of Northridge, where a sizable Indian community has developed over the last two decades, is representative of the other, nonsectarian tradition of Hindu temples in the United States, insofar as the temple houses a diverse array of deities—Shiva, Ram, Krishna, Durga, Lakshmi, to name a few—and welcomes Hindus in the diaspora of all persuasions. It has sometimes been suggested that Hindus in the diaspora may be less attentive to distinctions which hold sway in India, such as those between north and south, Vaishnavites and Saivites, and so on. Whether this is partly on account of their own minority status in the U.S. is an interesting and yet unresolved question. Whether this phenomenon is as distinct as is sometimes argued is also questionable. While images of both Vishnu and Shiva are not usually housed under one roof in Hindu temples in India, and the mythological works known as the Puranas—where the history, genealogy, and worship of these gods is articulated—are exceedingly sectarian, the Puranas are less exclusive than is commonly argued. Thus, a Vaishnava Purana usually elevates Vishnu as the supreme God but still has ample room for Shiva; a Saivite Purana inverses the order. A Devi Purana, dedicated to the Goddess, will similarly render secondary the male Gods. (Lal, 73-74)


I wonder if any readers who have been to different temples around the U.S. (and perhaps also in India) might have any comments on temple construction in the U.S. vs. India. (It might seem like an obscure topic, but actually I think architecture of houses of worship says a lot about the way people practice their faiths.)

The Old Terminology Problem: Desi, South Asian, etc.

Though I think very highly of Lal’s book, his discussion of terminology did raise some questions for me at certain points. Lal eschews the word “desi,” and settles on “Indian-American,” and explains carefully why he’s doing so. I can’t reproduce all of Lal’s arguments along these lines, but the following paragraph stood out to me as an interesting (though not necessarily compelling) critique of “desi”:

Though there is no gainsaying the fact that many proponents of the term ‘desi’ similarly seek to invoke its widest and most pluralistic meanings, calling forth the shared lives of many South Asians, the term operates on many different and disjunctive registers. As I have often been reminded by an old friend from Jaisalmer, in Western Rajasthan, words such as ‘country’ mean quite different things to people from metropolitan centers and those who earn their livelihoods in India’s tens of thousands of villages and smaller towns. When my friend chances to remark ‘Hamare desh me aisa hota hai’ (‘This is how it happens in our country’), by desh he clearly means his part of the country. The observation invokes not so much the nation in the abstract, much less Bharat, but rather a frame of mind and a set of habits. The word ‘desi’ also calls to mind home-grown products: thus, for example, no that liberalization has opened the Indian market to a whole array of foreign goods, including Western/hybrid varieties of fruits and vegetables, one hears often of the contrast between foreign vegetables and those branded ‘desi’—the latter being small and (in common belief) much more palatable to the taste than foreign varieties. There is, it appears to me, something unsettling and certainly odd about the fact that the most enthusiastic proponents of the word ‘desi’ are precisely those diasporic Indians who, in many ways, have least claim to the word and its multiple inheritances, considering their location in metropolitan centers of thought and their immense distance from local and vernacular knowledge systems. For these reasons among many, I have, except in a few particular instances, eschewed the word ‘desi’ when speaking of Indian Americans. (Lal, xi)


I understand Lal’s reasoning, though I don’t think it’s necessarily always a mark against "desi" that many people who use the term are diasporic, and perhaps less connected to South Asian culture. I don't think the variations in the way "desi" (and videsi and pardesi) is used within northern India necessarily make the diasporic deployment of it less true within its context. Language can change.

Later, Lal also addresses the term "South Asian American," and introduces some concerns about it that will be familiar to readers of the endless debates over terminology that have taken place on Sepia Mutiny over the years (to wit: the problem of tokenizing or ignoring ‘smaller’ countries in South Asia; the fact that few people outside of secular/progressive communities would actually identify themselves primarily as “South Asian”; the confusion of South Asia with Southeast Asia; the difficulties of limiting South Asia geographically, with Afghanistan on the west and Burma on the east, etc.).

[Incidentally, I also address the terminology question in this published essay.]

Again, while the problems with the term "South Asian" (or "South Asian American") are real, they are not insurmountable, and Lal’s reasons for electing not to use the term were not entirely convincing to me. In the end, he seems to settle on "Indian American" because, "it appears to me to best do justice to those people who are the subject of this book." In effect, it seems to me that Lal may have decided for practical reasons to focus primarily on immigrants from India in particular as the subject of his book, and some of his arguments about the problems with the term “South Asian” (or “South Asian American”) might be beside the point.

That said, The Other Indians is a great read and a very helpful book overall.

A Little on Gauhar Jaan

I was doing some research this morning on an unrelated topic, when I randomly came across the name Gauhar Jaan, one of the great recording artists in India from the first years of the 20th century. Gauhar Jaan is thought to have sung on the very first recording of a song ever made in India, in 1902. Here is what she sang:

Get this widget | Track details | eSnips Social DNA


It's a kind of Hindustani classical song called a "khayal," sung, I gather, in Raag Jogiya. At the end of it she says, famously, "My name is Gauhar Jan!"

Who was Gauhar Jaan? Her background, from what I've been able to find on the internet, seems remarkable:

Gauhar Jaan was born as Angelina Yeoward in 1873 in Patna, to William Robert Yeoward, an Armenian Jew working as an engineer in dry ice factory at Azamgarh, near Banaras, who married a Jewish Armenian lady, Allen Victoria Hemming around 1870. Victoria was born and brought up in India, and trained in music and dance.

Within a few years in 1879, the marriage ended, causing hardships to both mother and daughter, who later migrated to Banaras in 1881, with a Muslim nobleman, 'Khursheed', who appreciated Victoria's music more than her husband.

Later, Victoria, converted to Islam and changed Angelina's name to 'Gauhar Jaan' and hers to 'Malka Jaan'. (link)


Through her mother, who depended on the patronage of wealthy Muslim noblemen (I'm presuming she may have been a Tawaif), Gauhar Jaan got training from the best classical music masters in Calcutta at the time. By 1896, she was a star performer in Calcutta, which is how she was able to charge Rs. 3000 in 1902 to have her voice on the first audio recording of an Indian song ever made. Later, Gauhar Jaan became a star all over India. She performed in Madras in 1910, and even performed for King George V when he visited India. She died of natural causes as the palace musician of the Maharajah of Mysore in 1930. (There is a fuller bio of Gauhar Jaan here, at the Tribune. Also, see this profile of Gauhar Jaan.)

Another song Gauhar Jaan was famous for was "Ras ke bhare tore nain," which I think many readers will find familiar for reasons that will become apparent below.

Here is a somewhat more recent version of "Ras ke bhare tore nain," sung by Hira Devi Mishra (from the 1982 film "Gaman"):



I'm finding the Hindi (Braj Basha?) a little hard to follow, so if anyone wants to help with translation, it would be appreciated. Here is the Midival Punditz' "Fabric," a drum n bass remix used by Mira Nair in Monsoon Wedding:



The neighborhood where she films those crazy wires is in Old Delhi -- the area around Jama Masjid. Nair also did her first, student film in that neighborhood (the film was her thesis at Harvard; it was a short, eighteen-minute documentary called "Jama Masjid Street Journal").