| Hate Crimes Against Indians
By Lavina Melwani
South Asians, Arabs and Muslims are the collateral
damage of 9/11.
“Unfortunately...
he died few minutes ago. (4:55 pm).”
Just six words, but what a world of tragedy they enfold.
Nabeel Siddiqui, 24, a computer science major who
graduated from New Jersey Institute of Technology
this summer, suffered brutal neurological injuries
and trauma when three juveniles attacked him with
a baseball bat on his head at Haxtun Avenue in Orange,
NJ, as he got out of his car to deliver a pizza.
The three, a 16-year-old from Woodbridge and a 16-year-old
and 17-year-old from Orange, have been charged with
aggravated assault, robbery, carjacking, and possession
of a weapon. Baseball and pizza.
Such quintessentially all-American, joyful symbols.
Yet why is it that a baseball bat, which one associates
with sportsmanship, Little League innocence and camaraderie,
turns into a killing machine when bigots see skin
of a different hue? Pizza, that ubiquitous fast food,
turns deadly when the deliveryman has an accent or
comes from another culture.
Back in July, a young Indian graduate student, Saurabh
Bhalerao of University of Massachusetts Dartmouth,
became a victim of a hate crime in New Bedford, viciously
beaten by four men, as he delivered pizza.
Another one of just too many tragedies with victimized
blue-collar workers.
Syed Asif Alam, a New Jersey based systems architect,
is a family friend who put up Nabeel Siddiqui when
he first came to the United States five years ago.
He recalls: “He was a very witty guy, he always had
good stories. He was a big fan of music. The last
time I talked to him -—a day before the attack — he
was very excited because he had some job interviews
lined up. He had just graduated with a computer science
degree and he had a lot of questions.”
After the attack, Alam kept the community apprised
of Siddiqui’s situation via Internet list serves.
The young man never awoke from the coma; never saw
the mother who rushed from Pakistan to be by his side.
Alam says, “She was totally heartbroken.”
It is the fabric of nightmares, to send your only
son to America to earn a degree and to have to bring
him back in a body bag.
“The death of this young man is very symbolic of the
violence that immigrant workers face in this country,”
says Bhairavi Desai, director of the New York Taxi
Workers Alliance.
She cites a survey of 581 drivers in which 24 percent
experienced some kind of vandalism of their vehicle,
15 percent were physically threatened, 9 percent were
physically harmed and 34 percent were verbally harassed.
She adds, “These are extremely high numbers out of
just 581 drivers; so imagine the number of incidents
given that there are 24,000 active drivers in the
industry.”
Hate crimes are surely on the rise. The National Asian
Pacific American Legal Consortium (NAPALC), based
in Washington, conducts an annual audit, a comprehensive,
non-governmental compilation and analysis of hate
crimes nationwide. It is currently preparing its 2002
report. The 2001 figures are telling: 507 bias-motivated
hate crimes against Asian-Americans, a 23 percent
increase over 2000.
NAPALC reported that a large number of hate crimes
in the aftermath of Sept. 11, targeted South Asian
Americans, and more particularly Sikh Americans, because
many wear turbans and beards, similar to the widely
publicized image of Osama Bin Laden. According to
the FBI, there were 36 victims of anti-Islamic bias
in 2000. In 2001, the FBI figure jumped to 554 victims.
According to NAPALC, the real figures could be very
much higher than the FBI figures because law enforcement
agencies do not classify a crime or incident as bias-motivated
when there’s only an account from a victim, the perpetrator
has not been caught or there are no witnesses.
The report sites language barriers, fear of police,
fear of retaliation and fear of the INS as other causes
of under-reporting hate crimes. Despite the Hate Crime
Statistics Act of 1990, not all hate crimes are counted
and documented.
In the 1980’s, it was a baseball bat that had shattered
the skull of a young Indian, Navroze Mody, as he walked
down a street in Jersey City. Have things got better
or worse in the past 20 years? “How do you quantify
human rights?” asks Desai. “The right to be safe in
your society is a matter of a human right. It’s really
working class South Asians who get attacked. I know
there’s talk about jealousy of the Indians who are
upwardly mobile, but it’s the downwardly mobile Indians
who face the attacks.”
She points out that taxi drivers are 60 times more
likely to be killed on the job than any other worker,
according to department of labor, followed by store
clerks. Gas attendants, construction workers, and
delivery persons — these are all professions dominated
by black and brown immigrants, who often don’t have
the luxury of choice, when it comes to choosing a
livelihood: “They are perceived to lack political
power so they are seen as more vulnerable.”
Desai notes that historically the taxi occupation
was far less dangerous when the industry was dominated
by Whites: “Before the taxi industry became predominantly
composed of immigrants of color, the taxi drivers
earned better money, had health benefits and had safer
conditions.”
The problem of hate crimes is not limited to blue
collar professions. Racists do not differentiate between
rich and poor immigrants; they are driven — like raging
bulls — solely by color? Deepa Iyer, a co-founder
of SALT, who was earlier a civil rights attorney with
the Department of Justice in Washington, says, “I
think it’s a lot of anti-immigrant sentiment, where
people say ‘Go back to your country, you don’t belong
in our neighborhood.’ So a lot of it has to do with
a perception of who’s American, who belongs in this
country.”
And as anyone living in America today or even flipping
through an American newspaper knows, the situation
has deteriorated markedly since 9/11 when the World
Trade Center attacks created so many new enemies,
some real, some perceived. You could be born and brought
up in America, may have pledged allegiance to the
flag since you were old enough to recite the words,
but if you are of a certain color or if your features
look remotely Middle Eastern, then all bets are off.
You could be Sikh, Hindu or Muslim, but suddenly you
are Osama, you are a terrorist and don’t you dare
deny it.
The aftermath of 9/11 saw a larger tragedy unfold,
of Americans turning against Americans, simply because
of their skin color or the way they looked. Amardeep
Singh Bhalla, one of the founders and legal director
of the Sikh Coalition, a civil rights advocacy group,
says, “Earlier, the biggest issue the community faced
was employment discrimination. After 9/11 that changed
in a much-accelerated manner and we’ve had about 300
reports of bias against Sikhs ranging from hate crime
to bias-motivated harassment on the street.”
Desai
too has seen the violence against taxi drivers increase
dramatically after 9/11. Her organziation has received
scores of incident reports where drivers’ tires were
slashed, profanities were carved into their back seats,
and cars even set afire. Even though hate crime laws
are in the book, according to Desai, prosecutors in
New York have almost never brought a case using these
laws.
“There are many more hate crimes, particularly against
South Asians, Muslims and Arabs after 9/11,” says
Partha Banerjee, community organizer of New Immigrant
Community Empowerment (NICE): “According to governmental
statistics, there was a 1,600 percent rise in hate
crime incidents right after 9/11. After that, the
incidents came down, but once again have gone up.
Most importantly, many hate crimes are not being reported
because people are so afraid.”
Since 9/11, the newspapers have been replete with
stories of violent crimes against people of South
Asian descent. Recently a Sikh family returning home
in Woodside, NY, was attacked by a group of men yelling
“Bin Laden, go back to your home country!” According
to Banerjee, NICE put together a strong responsive
emergency meeting at which community members showed
up and the incident got media attention.
He says, “We were able to provide some kind of space
of security for the Sikh community in Woodside. Both
criminals are at large and in more than two months
there has not been a single arrest, which makes the
victim communities even more apprehensive about reporting
hate crimes and that’s why the numbers reported or
given out by the NYPD Hate Crime Task Force or the
Mayor’s Office are not correct.”
A survey of Muslims, Arabs and South Asians in New
York recently released by the New York City Commission
on Human Rights found that 69 percent of respondents
reported perceived discrimination and bias-related
harassment. Almost one-third of incidents involved
religious and ethnic insults or physical assaults.
Almost a quarter of the respondents reported employment
discrimination, alleging that they had been taunted
as “Bin Laden” “terroprist” or “Taliban” in the workplace.
According to the report very few reported the discrimination,
the majority because they felt either that nothing
would be done, or because were afraid or uncomfortable
reporting the incident.
The report found that almost b4 in 5 respondents reported
that the events of 9/11 had adversely affected their
lives, noting: “A large number of individuals noted
that they had altered their behavior or manner od
dress so as not to attract notice. For example, they
would speak only English in public, cut their hair,
shave their beards, wear hats instead of the hijab,
or Americanize their names. Many said they were afraid
to be in public places, and some said they no longer
go out as much or only go out with friends and relatives.
… Many spoke of being scared, stared at, initimdated,
fearful, alienated, depressed, uncomfortable, cautious,
hurt, uneasy, ridiculed, shamed, misunderstood, sad,
blamed, insecure, scrutinized and emotionally stress.”
As these bashings occur, one realizes that there are
many baseball bats — literal and symbolic. Violence
pervades our lives and as Desai points out, it includes
physical attacks, verbal abuse, political disenfranchisement
and economic impoverishment. We are living in violent
times, an age of pre-emptive strikes and a seemingly
endless war against terror.
She questions, “When the President of the United States
can bomb a country because he perceives it to be a
threat, then what moral authority does that government
have to tell the bully on the street that he cannot
beat on somebody because he perceives a threat? So
we are living in generally very violent times and
of course, all the Muslim-bashing and immigrant bashing
has created an atmosphere of violence and terror.”
Indeed, sometimes it is hard to separate the bias
crimes of ignorant bigots and those propogated by
governmental policy, such as the mass detentions,
raids at work, racial profiling and deportations that
have plagued the Muslim community. Says Desai, “People
in authority set the standard. The myth is that wealth
trickles down, but the reality is that violence trickles
down.” The NAPALC audit points out the harsh facts
of post 9/11 America, as the Bush Administration targeted
Arab and Muslim Americans in the name of homeland
security. For example, it notes that the U.S. Department
of Justice rounded up and imprisoned over 1,000 individuals
of Arab and Muslim backgrounds without charge or allowing
them access to attorneys.
The Department of Justice also publicly demanded that
local police help them pressure 5000 Arab and Muslim
immigrants to submit to interrogations and asked universities
to turn over confidential files of students with Arab
names.
Various advocacy and human rights groups have protested
these violation of personal rights, and The Asian
American Legal Defense and Education Fund (AALDEF)
points to the Special Registration program as the
worst in a series of counter-productive and increasingly
draconian policies implemented in the name of national
security.
The group cites official figures that over 82,000
people have been interrogated under oath, fingerprinted,
and photographed under Special Registration and the
government is now trying to deport 13,000 of those
individuals.
According to AALDEF staff attorney Sin Yen Ling, “I
have personally represented scores of individuals
and families who are among the thousands whose lives
have been destroyed because of Special Registration.
It’s been implemented as policy as of last year and
there are no signs from the Bush Administration that
they are going to end it.” Meanwhile, a fresh batch
of individuals face the dread of Special Registration
on November 6, 2003, to be photographed, fingerprinted,
interrogated, detained and possibly deported.
Many of them will have known no other home but America,
others will be leaving behind wives, children, jobs,
lives left dangling on the Pause button.
Yet, isn’t it a Catch-22? Doesn’t the government have
an obligation to protect its citizens against what
happened on 9/11, to prevent it from ever happening
again?
Says Desai, “No evidence was ever found. It’s the
idea of pre-emptive strikes. It sets moral and political
standards that allow for a more violent society. It’s
racism. Silence is complicity; when you don’t have
people in authority saying this is a crisis, then
it’s almost as good as condoning it.” So where do
the solutions lie? Says Desai: “The solution lies
among the people and it lies in the grassroots because
while violence trickles down, change rises up. It’s
up to the grassroots organizing to change the balance
of power and create safer streets for everybody.”
The good news is that scores of organizations have
arisen to meet the need and victims can find support.
As Iyer observes, “Unfortunate as it was, 9/11 has
provided an opportunity for the South Asian community
to become a little bit more vocal and visible when
it comes to furthering civil rights and human right
issues. I don’t think we’ve got to the point where
there is a ‘South Asian-American’ consciousness in
our community but I think we’re getting there slowly.”
There are now many more organizations for victims
to turn to from the older organizations such as AALDEF,
CAAV and SMART to newer ones like NICE and SALT, organizations
where their language is spoken, their point of view
embraced. Victims are encouraged not to take bias
lying down. Recently Hansdip S. Bindra, a Sikh, filed
a landmark lawsuit against Delta Airlines for racial
profiling and harassment. He was aided by SMART, founded
in 1996, the oldest national Sikh American civil rights
organization.
While many of the advocacy groups are composed of
second generation Asians or South Asians, others are
collaboration between second and first generation
groups. “Hate crimes are an issue which affects pretty
much everybody and one is not insulated from these
sorts of incidents just because of one’s economic
status or where one lives,” says Iyer.
“Although poorer immigrants seem to get the brunt
of it, it affects people from across economic lines
and class lines because all of us have come from somewhere,
all South Asians will feel some identification with
‘Go back where you came from!’ So it’s an argument
for people of all economic backgrounds to work together
on this issue.”
Iyer is currently teaching a class at Columbia University
on how South Asian communities have been impacted
by 9/11. She says of her students, “It’s a pretty
diverse mix and there’s definitely a lot of interest
and it’s to Columbia’s credit that they were open
to something like that. I think it’s important to
have as much discussion and debate over these issues
as possible in a variety of contexts.”
While many second generation South Asians may be more
outspoken because of the security that comes from
having American citizenship, they also do have a stronger
sense of civic responsibility and civic engagement
than the first generation. Says Iyer: “The students
that I have are very well versed already in a lot
of the issues. They want to engage in these issues
and they feel like they have a stake in the country’s
future and they want to be a part of that.”
The second generationers certainly don’t believe in
sitting on their hands: they are willing to march
and rally; volunteer with activist organizations;
write articles, reports and plays and make videos
and films about hate crimes and discrimination.
One such film was made recently by Pia Sawhney and
Sanjna Singh, graduates of Bryn Mawr College. Out
of Status is a short film exploring how in this new
world, Muslims have fallen out of status in America,
with selective enforcement of existing immigration
laws and tough new measures to keep tabs on this community.
While making the documentary about detentions, the
filmmakers visited several organizations that were
working closely with South Asian communities. “We
found that not only were South Asians who were victim
to new hard line government policies afraid to speak
to us on camera,” observes Sawhney, “but the South
Asian activists working to counsel them and provide
them with legal help and guidance were afraid to speak
to us on camera as well! It was telling how the desire
to make voices heard was constrained by the fear about
how speaking out might jeopardize their own credibility,
or perhaps even their own immigration status in the
long run.”
Yet, slowly, the fear is being overcome as organizations
reach out to the victims. NICE, for example, had a
very successful town hall meeting in Jackson Heights,
NY, and for the first time immigrants came out and
spoke about their problems. “People are slowly coming
out but it will take a lot more time to provide more
confidence to them so that they can come out in larger
numbers,” says Banerjee. “ We are very concerned about
governmental access and accountability and we try
to hold our government officials accountable for the
actions that have direct impact on the immigrant community.”
One organization that handles cases of bias is The
Sikh Coalition. Says Bhalla, “Actually in terms of
statistics from January 2001 to Sept 11, 2003 we had
a 93 percent increase in the number of complaints
we received about discrimination and we believe the
reason for that is the ongoing tensions in the Middle
East and people assuming that Sikhs are from the Middle
East.” He has also noted that about half the cases
this year occurred during active hostilities or combat
operations in the Persian Gulf.
Recently the Sikh Coalition received a call from Harjit
Singh Sandu, a cab driver in Seattle who was stopped
at a corner when people started yelling, ‘Osama go
back to your country!’ and ‘We don’t want you here!’
He tried explaining he was a Sikh, but when he attempted
to leave they followed him and started kicking and
denting his cab.
“Our concern was that the police officers had not
noted any of the epithets in the police report,” says
Bhalla, “So we wrote to the Bias Crime Co-coordinator
of the police department, asking it to be investigated
as a bias crime, and the criminals be charged with
a bias crime.
“We take in complaints of discrimination, document
them so that there is a record kept of them and then
take appropriate action. We make sure that the offenders
are complying with the law, and if they don’t, in
the worst-case scenario we file suit.” In fact the
Coalition has an ongoing lawsuit against the New York
City Police Department because it fired a Sikh who
refused to remove his turban.
Asked if he’s hopeful about the future, Bhalla says,
“My bottom line belief and the experience I’ve had
since 9/11 is that this is a country that’s pretty
good with dealing with discrimination issues. I think
government agencies are responsive, it’s just incumbent
upon the South Asian communities to collectively present
our concerns to police, to government and policy makers.
We’ve been pretty happy with the bias crime prosecutions
that have occurred here. Generally, I think there’s
reason to be optimistic as long as on our part we
are organizing and presenting our concerns.”
The anti-violence mantra has to be organizing, organizing
and then some more organizing. As Bhairavi Desai says,
“So many drivers said that after the strike was the
best interactions they had with the passengers; for
the first time the public saw that this was an organized
workforce that can fight, that can defend itself.
I think it automatically led to greater respect.”
But, like a multi-headed hydra, hate crimes have many
faces and the newest wrinkle is violence against South
Asians by other people of color, often in the schoolyard
where young Bangladeshis have been attacked by groups
of Latinos or other minorities. It makes one wonder
whether one has to start sensitivity training in the
crib.
Tamina Davar, a young activist, has seen the change
in the past decade. “I’m sure that if you ask most
South Asians activists, they will agree with me that
10, or even 6 years ago, the rising tide of Asian-American
and within that, South-Asian American hate crime was
so upsetting and stressful, in part because the media
generally refused to cover it as important; law enforcement
and the judicial system refused to believe it often,
and because besides AALDEF and CAAAV, no one else
was dealing with it.”
Now with many more organizations and the added weapons
of email, cell-phones and the Internet, things are
better and as Davar says, “Especially since 9/11,
the media does understand the concept; and there are
so many infrastructures and groups that deal with
the issues. So now, whenever I hear of a hate crime,
whether in Arizona or here, I know and am comfortable
that some really wonderful, strong organizations and
infrastructures are dealing with it.”
“There’s more awareness,” concedes Bhairavi Desai,
“ I do think all this organizing, and the civil rights
movement of the 60’s and just the different movements
down the decades have had an impact. And that’s why
fighting the current war is so important because their
actions of the past few years are an attempt to take
back everything that people have fought for over the
past 40 years.”
Have you been the victim of a bias incident? Support
is at hand from the following non-profit organizations
that offer legal advice and community organizing.
Organizational Resources
SMART (Sikh Mediawatch and Resource Task Force)
P.O. Box 1761,
Germantown, MD 20875
Tel: 877-917-4547
http://www.sikhmediawatch.com/
(SMART’s Know What to Do pocket guide detailing steps
that should b taken in the event of a discrimination,
police profiling, and airport security issues can
be downloaded from the website).
The Sikh Coalition
P.O.Box 7132
New York, NY 10150-7132
Email:info@sikhcoalition.org
New Immigrant Community Empowerment (NICE)
71-34 Roosevelt Avenue, Lower Level
Jackson Heights, NY 11372
Tel: 718-205-8796
South Asian American Leaders of Tomorrow
1429 G Street, NW
PMB 299
Washington, DC 20005
mailto:saalt@saalt.org
(South Asian American Leaders of Tomorrow is a national
non-profit organization dedicated to building leadership
and civic engagement from within the South Asian American
community.)
South Asian Network (SAN)
18173 S. Pioneer Blvd
Suite I, 2nd Floor
Artesia, CA 90701
Tel: 562.403.0488
Fax: 562.403.0487
Email: mailto:saninfo@southasiannetwork.org
Asian American Legal Defense and Education Fund (AALDEF)
99 Hudson Street, 12th Floor
New York, NY 10013
Phone: 212-966-5932
http://www.aaldef.org/
National Asian Pacific American Legal Consortium
1140 Connecticut Avenue, N.W.
Suite 1200
Washington, D.C. 20036
Phone: 202-296-2300
CAAAV Organizing Asian Communities (Committee Against
Anti-Asian Violence)
191 East 3rd St
New York NY 10009
Phone: 212-473-6485
http://www.caaav.org/
DRUM (Desis Rising Up & Moving)
72-26 Broadway 4th Fl
Jackson Heights, NY 11372
718-205-3036
http://www.drumnation.org/
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