Thursday, October 27, 2011
Between black and white...!
Thursday, August 04, 2011
‘Chanakya’s Chant’ – An intelligent man’s guide to governance and foreign policy!
Chānakya's Chant. Ashwin Sanghi. 2010. Westland. Chennai. Pages x + 448. Price Rs 195
Friday, June 17, 2011
UPA’s NAC Rule Dictatorship In Disguise?
Democracy is a funny thing. When you don’t have it, you yearn for it. When you have it, you are not happy with it. True. India fought for nearly a century to attain independence from the British. Yet, ask anyone who was born at about the time of independence and they would remember their elders yearning for the “good old” British days when things were better!
In 1975 when Indira Gandhi imposed an “internal emergency”, for reasons that have nothing to do with any internal disturbance, there were sections of the society—not affected by midnight knocks and summary arrests—who welcomed it, at least in its initial stages. Their reasoning was, there was discipline in government offices and “trains were running on time”. It could not be dismissed out of hand as silly, for trains used to run so late that if a train ran two to three hours behind schedule, it raised no eyebrows. In coastal Andhra Pradesh there used to be a joke about the Bokaro Express running between Bokaro in Jharkhand and Chennai (then Madras). If it was on time, so went the joke that people said “it was probably the previous day’s train!” There was an instance, when a gentleman was asked if his train was on time, he replied “Yes it was on time; just thirty minutes late.” Funnily enough, “trains running on time”, was also one of the reasons officially adduced to justify the internal emergency.
During the nineteen-month internal emergency, Indira’s government used to issue large advertisements in newspapers, with the caption, “Let us consolidate the gains of emergency”, whatever it meant.
Coming back to democracy, in essence, it is rule by consensus. In India’s case the consensus was codified into a “Constitution”, to draft which, many wise men expended hundreds of hours; each clause of which was then debated and finally adopted. The process took nearly three years, and produced the longest written constitution in the world, which was expected to accommodate the divergence and plurality of the constituents of the nation. However, codifying principles of governance is one thing and following it in letter and spirit is another.
Leaders, however democratically minded they are, do not like to be tied down to a code of conduct, however sacrosanct it may be, not necessarily because they are selfish or venal but because they have such immense confidence in their wisdom and their ability to determine what is good for the general public. Therefore, no sooner than the ink on the draft was dry India’s nascent “Constitution”, than its “altruistic” leaders began amending it. The “Constitution” was adopted on January 26, 1949 and the first amendment was carried out on June 18, 1951 barely fifteen months later. It was, incidentally, moved in the parliament by Jawaharlal Nehru, “the epitome of democratic values” and was intended to, among other things, “place reasonable restrictions on the citizen’s right to freedom of speech and expression”!
From then on, whenever the rulers found it difficult to adhere to the code of conduct prescribed by the “Constitution”, they have been amending it with gay abandon. The amendments include the thirty-ninth, passed on August 10, 1975 which retro-actively placed the election of the “empress of emergency” above judicial scrutiny. Of course, an amendment, in constitutional parlance means that “the said clause shall be deemed always to have been enacted” – in the amended form.
In addition to amending the “Constitution” whenever required to suit the express purposes of the executive, it has been resorting to other means, which, in so far as they were not mentioned in the “Constitution” may be termed extra-constitutional. Jawaharlal Nehru’s government resorted to this course of action in right earnest in by establishing the “Planning Commission” in March 1950. The “Planning Commission” website tells you its history, but does not tell you whether it was constituted under an act of parliament, if any. It lists its members but does not tell you how they were selected. So how do they get into it in the first place, in a system in which there is a due selection process even for recruiting the lowest cadres of employees? Based on the whims and fancies of the government in power? The “Planning Commission” we are told, functions under the overall guidance of the “National Development Council”. Now, what the hell is, “National Development Council”? However, we are told that the lofty objective of the “Planning Commission”, functioning under the Chairmanship of the Prime Minister, was to “promote a rapid rise of the standard of living of the people by efficient exploitation of the resources of the country”. How well did it do so in the next fifty years needs no elaboration! Is it not possible for the Finance Ministry to perform the functions of the “Planning Commission” and any residual functions relating to other ministries transferred to them?
Fast forward to 2004 and we come to ‘Chapter II’ of governance by executive fiat. This time around, the institution of the “Chairperson of the UPA” is created. Though not stated, its intent was to bypass national resentment and objections to a foreigner becoming the Prime Minister of India. The new institution of “Chairperson of the UPA” wields untrammelled power—without responsibility—and, in fact functions as the Super Prime Minister. The Prime Minister was nominated by her and is all but a figurehead. The “Chairperson of the UPA” is neither responsible nor answerable to the parliament, the supreme political body of directly and indirectly elected representatives in the country.
In 2009, the “National Advisory Council” (NAC) was established as an—hold your breath—"interface with civil society”. This time around we moved a step ahead because unlike the “Planning Commission”, and the invisible “National Development Council”, the duties of which were merely confined to executive inputs to the government, the NAC would provide “policy and legislative inputs”. We are told that the NAC “comprises distinguished professionals drawn from diverse fields of developmental activity”. We are, as before, not told whether there was any due process by which these “distinguished professionals” were selected but that through them, the government will have “access not only to their expertise and experience but also to a larger network of Research Organisations, NGOs and Social Action and Advocacy Groups”.
NAC, the Super Prime Minister's kitchen cabinet, which in fact is its latent function, comprises of a motley crowd of left-illiberal intellectuals and sundry individuals who represented non-Hindu religious interests. It derives its power (again without responsibility or answer-ability to the parliament) from the Super Prime Minister but unlike the “Planning Commission”, whose sole function is allocation of resources, it drafts legislation. In view of its status in the scheme of things, its arbitrary nature of functioning is not questioned nor can be questioned by the sycophantic ruling party or its coalition partners. However, the silence of the opposition in not questioning it or demanding its abrogation is strange.
Ever since its institution, the NAC got down to business without losing time and what gems did it draft? The first one was to institute the ‘Mahama Gandhi National Rural Employment Guarantee Scheme’ (MNREGS). There is some criticism that the MNREGS or MNREGA as it is generally known, has been generally doling out wages for unproductive work and spawning governmental corruption. In rural areas farmers complain of shortage of labour because of it. Therefore, agriculture which forms the mainstay of our economy is suffering. So is the burgeoning construction industry.
As is clear from its many reviews, the Prevention of Communal and Targeted Violence Bill (PCTVB), drafted by the NAC is totally one-sided and dangerous in the extreme if ever it becomes an act. Under one of its far-reaching clauses, for example, if a Hindu male sexually assaults a woman of the minority community it is “rape”. But if a male member of a minority community sexually assaults a woman of the Hindu community is not “rape”! A small—even informal—formation of Hindus is an “association” whereas a “group” could only be of members of a minority community. These definitions assume importance because under the proposed act members of an “association” can only be assaulters and members of a “group” are always victims. There is no bail available for offences cognizable under the act and the onus of proof is on the accused, not on the prosecution. A government official can be punished for “dereliction of duty” by imprisonment of up to two years if he/she does not act on a complaint. You can imagine the consequences of such a provision. By the way, under the act, the executive has judicial powers too.
Another instance of over-reach by the NAC is the recent drafting and promulgation of internet regulation rules in April 2011.[1] The entire exercise seems to have been done keeping in view only one small community, viz. the pejoratively called “Internet Hindus”. It is only because of its intolerance of criticism that the ruling cabal has gone to great lengths to control internet content. It flies in the face of the vaunted “freedom of expression”. If this isn't an undemocratic act, one doesn't know what else is! To give two instances of how the rules can be misused: Seema Mustafa could call a duly elected Chief Minister, the “ugly Indian” in print, but to describe her as a “Pakistani Agent” on the internet would be an offence. She can complain and the service provider should have to remove the offensive content. Similarly, Vir Sanghvi could describe the duly elected Chief Minister, a “mass murderer” in print, but to call him a “political prostitute” on the internet is an offence.
Yes, political parties do have ideological coteries but these do not have a direct hand in governance. Only in communist regimes do they overrun parliaments. For example, in the erstwhile USSR, the CPSU, the Politburo and the Central Party Presidium were more powerful than the “Duma”, which was a rubber-stamp parliament. The creation of the two institutions discussed above appears to be a throwback to the USSR type of governance. The USSR has abrogated such institutions as anachronistic. But we seem to have put the clock back.
In western democracies there are such bodies but they function in an open and transparent manner and are answerable not only to the executive, but even the parliament. For example, the appointment of members to the “Council of Economic Advisors (CEA)” by the US President, need ratification by the Senate. The role of the CEA is limited to provide advice to the executive. It does not draft legislation.
Is the UPA’s NAC rule, dictatorship in disguise?
[1]The Supreme Court mercifully struct
down the relevant Sec. 66A of the IT act in March 2015. See “SC
strikes down Section 66A of IT Act, says it violates freedom of speech”, “India
Today”, March 24, 2015.
Friday, May 27, 2011
Would the "Communal Violence Bill" have reduced Hindus to the status of Jews in Nazi Germany?
Only in this case the NAC is nominated, but in a nation where the highest political office is nominated, it is no surprise. The greatest irony of India, trumpeted as the world’s largest democracy is its rule by an extra-constitutional body like the NAC. Second, in India, Sonia Gandhi’s extra–constitutional kitchen cabinet seeks to subjugate the majority population into submissiveness by stamping it under its legislative jackboot. If the chapter on definitions makes the bill’s invidious intentions unambiguously clear, the twist in the tale comes in Clause 129, which unveils its diabolical designs.
Targeting Hindus
The next part of the sentence, “in any State in the Union of India” does not mean anything, because, for any Central law to be applicable to Jammu & Kashmir, concurrence of the state legislature is necessary. Therefore, Clause I (2) is simply superfluous. If the naïve believe that it is possible to extend the law to Jammu & Kashmir, perish the thought. The sleight-of-the hand Clause 3 (m) negates any such possibility: “In the event this Act is extended to the State of Jammu and Kashmir” (please note the conditional clause at the beginning of the sentence, not ‘when’, for the NAC knows that the state legislature can sit tight on it till Kingdom come!) “…any reference in this Act to a law, which is not in force in the State of Jammu and Kashmir, shall, in relation to the State, be construed as a reference to a corresponding law, if any, in force in that State.” In plain English, shorn of legalese, the law will never be applied in Jammu and Kashmir. [1] This is not surprising in view of the derision that an exalted member of the NAC has for the state’s minorities, the Kashmiri Pandits. She wrote in an article in Deccan Chronicle some time ago that the issue of Kashmiri Pandits has been ‘highly romanticized’ (sic).
Please also note the capitalization of ‘S’ every time there is a reference to Jammu and Kashmir ‘state’ which means that Jammu and Kashmir shall remain a separate nation for ever, loosely attached to India only to drain its coffers. This also means ‘religious minority’ has one meaning in Jammu and Kashmir and quite a different meaning in the rest of India. More importantly, the act creates a group of ‘more equal’ citizens, giving ‘equality of justice’ that the Constitution promises all, a go by.
If the objective of the bill is to protect the religious minorities, from whom does it seek to protect them? The definition of ‘association’ in Clause 3 (b) is scary and makes you and I shudder to think when the policeman knocks. You don’t have to be an enlisted member of any association ‘whether or not registered or incorporated under any law’. For if the ‘association’ need not be legally constituted to be accused of an offence, where is the question of ‘enlisted’ membership? If you are ipso facto a member of an ‘association’, it is enough for the act to take cognizance. [Of what, you may wonder. Please hold on for the nonce.] But it needn’t be organisations like the RSS or the VHP that may be described as an ‘association’ under the law. By implication, even the street-corner youth welfare association, which celebrates Ganesh Chaturdhi every year, is covered under the ambit of the proposed law.
In view of the slant, words like ‘group’ and ‘association’ have in the act, all its clauses can be applied only one way and not the other. For instance, under Clause 3 (f) (i) of the act, a member of an ‘association’, causing ‘hostile environment’ against a ‘group’ as defined above, by ‘boycotting of the trade or profession of such person or otherwise making it difficult for him or her to earn a living’ – is a cognizable offence. Clause 3 (f) (v), which reads, ‘whether or not it amounts to an offence under this Act, that has the purpose or effect of creating an intimidating, hostile or offensive environment’ tightens the noose further. Consider the following scenarios:
Example 1:
You have had a tiff with the neighbourhood grocer belonging to a minority religion for underweighting or passing off substandard goods. You informed your neighbours of this and they stopped buying from him. Does it amount to ‘boycotting of the trade or profession of such a person or otherwise making it difficult for him or her to earn a living’ [Clause 3 (f) (i)], or ‘mental psychological or monetary harm?’ [Clause 3 (j)]?
Example 2:
Alternatively if employees belonging to the majority religion strike work in an establsihment being run by a person belonging to the minority religion, and as a result of which the establishment closes down, does it amount to ‘boycotting of the trade or profession of such a person or otherwise making it difficult for him or her to earn a living’ [Clause 3 (f) (i)], or ‘mental psychological or monetary harm?’ [Clause 3 (j)]?
If you think these are extreme examples, the product of a feverish imagination, please think again. The first act of UPA upon coming to power was to repeal POTA under the pretext that it would be misused against the minorities.
By the nature of definitions of ‘group’ and ‘association’ as defined by the act, Clause 8 (Hate Propaganda) can only be indulged in by the majority religion and not vice versa.
Clause 9 (1) could be interpreted to mean mere membership of an impugned organisation is enough for cognizance of an offence under the act, irrespective whether an individual member has committed the offence or not. The onus of proving innocence is on the accused.
Clause 9 (2), which enunciates, ‘…reasonably presumed that the public servant charged with the duty to prevent communal and targeted violence has failed to act to prevent’ read with Clause 13 (Dereliction of duty, punishable by imprisonment of up to two years under Clause 120), is sure to make officials over zealous in their ‘treatment’ of real or perceived offenders of the majority religion.
On the other hand, Clause 12 (Torture) makes police officials wary and lenient if the offenders happen to be from the minority religion. For if the charge can be proved, the official/s could be punished with rigorous imprisonment of up to seven years under Clause 119.
It is difficult to understand what ‘non state actors’ in Clause 15 means but a reading of the lengthy provisions in the clause makes one wonder whether it was not intended to ban Hindu organisations like the BD / RSS / VHP at the first available opportunity.Clause 20 empowers the Central government to invoke Article 355 and dismiss any state government, except of course Jammu and Kashmir. Clause 21 empowers the Central government to constitute a supra-judicial ‘National Authority’ which has both executive and judicial powers. However, a person who has ‘in any manner, exhibited bias against any group, by acts or in writing or otherwise’ is not eligible to become a member of the ‘National Authority’. By implication this might mean only persons with a left-liberal agenda could be appointed to the supra-judicial body – a permanent meal-ticket for some of our jholawallahs.
A contentious issue in the Jan Lok Pal bill being discussed is about confiscation of property of a person accused of corruption. Whereas the Santhi Bhushan Committee wants such a provision, the government argued that it would amount to ‘needless harassment’ of the accused as litigation in India is a long and slow process. No such compunctions hamper the National / State Authority from not only confiscating but auctioning property of the accused under Clauses 81 & 82 of the PCTVB.
Twist In The Tale
The twist in the tale comes almost at the end of the lengthy draft in Clause 129 (Non-applicability of limitation). According to the clause the statute of limitations shall not apply to offences cognizable under the act. The implications of this clause are far-reaching. If for instance cases being investigated by the SIT in Gujarat fail to convict the well-known target of any complicity in the 2002 riots, a revision of the cases may be sought in a superior court – and to be tried under the new act. It is important to note that ‘offences’ under the act are non-bailable.
[1] The 2019 Constitutional amendment that abrogated Article 370 changed all that, but back in 2011, the authors of the PCTVB did not know that.
Wednesday, March 31, 2010
Wendy Doniger’s Book, Porn Fiction as ‘Alternative History’?
PORN FICTION AS ALTERNATIVE HISTORY?
Mr. Mike Bryan,
Pg 509 - ”Shankara and the philosopher’s wife…This tale contrasts sex and renunciation in such a way that the renunciant philosopher is able to have his cake and eat it, to triumph not only in the world of the mind (in which, before this episode begins, he wins a series of debates against the nonrenouncing male Mimamsa philosopher) but in the world of the body, represented by the philosopher’s wife (not to mention the harem women who clearly prefer Shankara to the king in bed).” The author attributes the tale to Shankaradigvijaya of Madhava and to Ravichandra's commentary on Amarushataka.
In a reply to Dr. Shukla's article in Washington Post, Doniger argued that her book did well in India, it was on the best-seller lists and sold 10,000 copies. The figure could well be an exaggeration; she might have taken the same liberty with truth in boasting about the sales of her book as she did with much of what is in it. For with a price tag of Rs 999, it is doubtful so many Indians had a taste for the bilge that it contains. The curiosity aroused by the title and the rave reviews of some magazines which have a penchant to celebrate anti-Hindu calumny might have sold a few copies.