By Badri Raina | ZNet, Dec 14, 2008
I
Few things about contemporary India have been as consequential as the excruciating churning among Indian Muslims. Consequential, as I suggested in an earlier column, as well for Muslims worldwide (see my “Fatwa Against Terrorism,” ZNet, June 8, 2008).
Remarkably, where vested segments among Hindu organizations have sought to move the majority community towards undemocratic closures, it is the beleaguered Muslim counterparts that have been showing the way to greater democratic consolidations.
Transcending a clutch of grievance and hurt, Indian Muslims are today truly in the leadership of Indian democracy—a day I have been wishing for and writing about for over two decades and now live to see.
And this long revolution that is underway is no sham or tactical occurrence. There is stern substance to the Muslim resolve not merely to appeal to the Constitutional regime as supplicants but indeed to function as its foremost guarantors in close clasp with secular and democratic Indians across communities.
There is to me something heroic in the way in which India’s Muslim citizens have over the last two years especially sought to redefine themselves in relation to the worldwide ummah and the nation at home. All that despite the most irksome provocation.
It is the rigour of that introspection which today translates un-selfconsciously into a rejection of ungodly mayhem carried out ostensibly in defence of the faith, even as Indian Muslims along with millions of other Indians remain cognizant, as they ought to, of the oppressive forces that alternately both create and denigrate religious and cultural reaction—forces that reside both outside India and among comprador social interests at home.
II
If the discovery earlier of terrorist perpetrators with Hindu names had paradoxically helped to relieve the unmitigated odium vented on Muslims, obliging right-wing fascists, rather abjectly, to mirror a helpless Muslim discourse in their defence, the vanguard role played by Indian Muslims in condemning the attack on Mumbai on behalf not just of common humanity but of India has led to a still more far-reaching historical consequence.
This watershed secular assertion has had the effect of taking the stuffing out of what electoral expectations the right-wing Hindu BJP came to harbour in the wake of the Mumbai attack.
Its emphatic losses in the states that went to the polls after the terrorist strike scream a grassroot rejection of its communal politics. And of the ugly callousness that informs it.
However wedded to the BJP, India’s corporate media have had the sense to welcome this occurrence, as it now banners the slogan that terror must never be politicized. Better late than never.
It will not be long before the residual interests of India’s capitalist class and collaborative elites in retaining denominational politics, notwithstanding their often disingenuous noises against communalism, will also have to yield to propagating secular democracy in more convincing ways.
Always wary of class consolidations from “below”, India’s political class will, nonetheless, sooner than later, find it as expedient to be in the forefront of the fight against communalist politics as they are now against terrorism.
And, as these histories ripen and fructify, the credit in overwhelming measure will go to Indian Muslims and to the leadership they are now furnishing.
Prophesies can come good only as products of dedicated human labour. As India’s Muslims now come together with the great mass of other secular Indians, that labour is truly underway and destined to succeed.
III
In the aftermath of the Mumbai attack, this writer, like many others, has received agonizing notes from compatriots in Pakistan.
And they ask the question: can any Pakistanis truly have been involved? Is this again a “nationalist” outcry from India? Do we not realize how wistfully fragile the democratic experiment in Pakistan is, and how ambushed from all ends?
I say to them that Indian Muslims truly show the way as much to Pakistan now as they do to India.
If their leadership in India helps to render toothless and dysfunctional entrenched evils at home, it carries an equally important message to Muslims in Pakistan.
Do not simply jerk into unanalysed, Pavlonian “Muslim nationalist” reactions to what has happened.
Go rather back to the insight that Jinnah had voiced in his address to the very first session of the Assembly of the new nation of Pakistan.
In short, however the partition of India may have been brought about by vested interests on all sides, revisit the “two-nation” theory, revise the Constitution, and be reborn as a secular nation-state. In that future alone resides the well-being of the subcontinent and of much more.
Same must be the counsel for Bangladesh, indeed more especially. Given that the territory could not stay put as part of an “Islamic Pakistan,” it is an irony that upon that severance Bangladesh should still want to espouse a theocratic statehood.
If Nepal could do it why not others?
IV
Meanwhile, it is gratifying that the UPA regime in Delhi has thus far not succumbed to the brainless jingoism of the South Mumbai crowd and those in the establishment who view that jingoism with favour.
There is now a political elite in India that requires ATM-like solutions to historical conundrums. Push in that card and pull out the required political currency, as it were. Drop the bomb and warn them not to drop their’s etc., All very profoundly slick, no doubt, but eminently ignorable. As in money-making, the shortest of short cuts is recommended—and with educated bluster in the English language.
Nonetheless, it is that Dhoni from Jharkhand who may be trusted with bringing victory to India, because less slick and more astute. And more hard-working as well. As much in politics as in cricket.
Luckily, there does exist a constituency in the Indian establishment that truly realizes that every Indians’ best interest is served if India serves the best interests of most Pakistanis. No easy job that, but increasingly both desirable and possible, since answering constituencies also speak up from Pakistan as they did not before with quite the same conviction.
Such a praxis on either side, and conjointly, must seek to isolate from public sympathy, public space, and all kinds of state favour those that find democracy ill-suited to their purposes, but misuse it nonetheless. Or make opportunist disclaimers when it suits them, as Sonal Shah is doing this minute, fearing she may be shunted out of the Obama transition team were she not to do so in time.
And it must equally seek to distance democracy in the subcontinent from superpower interests that work their nefarious way by alternately feeding the cupidities of entrenched classes or threatening disastrous military reprisals.
They ought to be referred back to the problems they have at home, dime a dozen, and indeed encouraged to change course.
In that context, President-elect Obama’s resolve to be sworn in not just as “Barack Obama” but as “Barack Hussein Obama” is a most worthy and visionary step in the right direction.
It is not that in so doing Obama will have become a Muslim; it is that he will be saying that religious denominations are simply the donnee of individual identity, and need have no bearing on our citizenship or entitlements thereof. As Colin Powell was to say honourably enough during the campaign.
The worry is, as John Pilger has pointed out in a recent ZNet article, that Obama’s appointments to the cabinet seem thus far to suggest a pattern of “continuity” rather than “change.” Surprised?
All the more reason therefore for us on the subcontinent to learn to consolidate our own lives and institutions along principles that bring the most benefit in terms of non-sectarian social and cultural cohesion, collective secular endeavour, and enlightened economic democracy spread amongst the widest commonality.
The more we embrace that sort of historical project together, India and Pakistan can begin to draw away from wasteful militarism that feeds the pockets only of those that retain a value for conflict and destruction, and learn to stand up to threats as two nation-states but one people.
And that includes the Kashmiris as well, who have just been demonstrating their allegiance to the principle of democracy in unprecedented ways.

RIGHTS-INDIA: New Anti-Terror Laws Draconian Say Activists
December 22, 2008Analysis by Praful Bidwai | Inter Press Service
NEW DELHI, Dec 19 (IPS) – Following the late November terror attacks in Mumbai, India has passed two tough laws being seen by rights activists as potentially eroding the country’s federal structure and limiting fundamental liberties.
Parliament — meeting under the shadow of the November 26-29 attacks on India’s commercial hub resulting in close to 200 deaths — approved the legislations on Thursday with no considered debate and the ruling United Progressive Alliance (UPA) of Prime Minister Manmohan Singh pushing them past amendments tabled by several parliamentarians.
One law, the National Investigation Agency (NIA) Act, seeks to establish a new police organisation to investigate acts of terrorism and other statutory offences.
The other, the Unlawful Activities (Prevention) Amendment (UAPA) Act, radically changes procedures for trying those accused of terrorism, extends the periods of police custody and of detention without charges, denies bail to foreigners, and the reverses the burden of proof in many instances.
Civil liberties activists and public-spirited citizens are appalled at the new laws, which they describe as draconian and excessive in relation to the measures India really needs to take to fight terrorism.
“The UAPA Act is particularly vile, and will have the effect of turning India into a virtual police state,” says Colin Gonsalves, executive director of the Delhi-based Human Rights Law Network. “It basically brings back a discredited law, the Prevention of Terrorism Act of 2002 (POTA), except for admitting confessions made to a police officer as legal evidence.”
POTA was an extremely unpopular law, which the UPA government abrogated upon coming to power in 2004 in response to innumerable complaints of its selective and discriminatory use against India’s Muslim minority, and its cavalier and irresponsible application to offences not even remotely connected with terrorism.
While rescinding POTA, the UPA kept in place all of India’s criminal laws, which are much stricter than those in many democracies.
In addition, it also enacted an amendment to the Unlawful Activities Act, 1967, which increased punishment for committing acts of terrorism and for harbouring terrorists or financing them, enhanced police powers of seizures, made communications intercepts admissible as evidence, and increased the period of detention without charges to 90 days from the existing 30 days.
However, this was not enough to please those who want a “strong” militarised state which will prevent and punish terrorism by violating the citizen’s fundamental rights, including the right to a fair trial, and not to be detained without charges.
India’s main right-wing political group, the Bharatiya Janata Party, has been stridently demanding that POTA be re-enacted. Until recently, the UPA, the Left and other centrist parties stood firm in rejecting the demand despite the numerous terrorist attacks that India has suffered over the past few years.
“But now, the UPA has suddenly, and shamefully, caved in to the BJP’s demand under the pressure of elite opinion,” says Jairus Banaji, a highly regarded Mumbai-based social scientist. “The capitulation seems to be based on the UPA’s anxiety to counter the BJP’s ridiculous charge that it lacks the will to fight terrorism, and on its political calculations about the next general election due by May.”
In its desperation to be seen to be taking a tough stand against terrorism, the Manmohan Singh government also tabled the NIA Bill earlier this week. The new agency will specifically investigate offences related to atomic energy, aviation and maritime transport, weapons of mass destruction, and Left-wing extremism, besides terrorism.
Significantly, it excludes Right-wing terrorism, which has become a greater menace in India.
Unlike the existing Central Bureau of Investigation, which needs the consent of a state before investigating crimes there, the NIA will not need a state’s concurrence. This is a serious infringement of the federal system, where law and order is a state subject.
Many state governments and regional political parties have sharply criticised the Act on this count. In India, Central agencies are politically vulnerable to manipulation by New Delhi and often used to settle scores with states ruled by opposition parties.
The NIA Act also provides for special courts to try various offences. This too has drawn criticism from eminent lawyers such as Rajeev Dhavan, who argues that the potential misuse of this anti-terror legislation will now “come from both the states and the union, which can hijack the case”.
The UAPA Act contains a number of draconian clauses, and is also applicable to the entire country — unlike the Unlawful Activities Act, which was originally not extended to the strife-torn state of Jammu and Kashmir. This too has drawn protests from Kashmir-based political parties and human rights groups.
The stringent clauses cover a broad range, including a redefinition of terrorism, harsh punishment extending from five years’ imprisonment to life sentence or death, long periods of detention, and presumption of guilt in case weapons are recovered from an accused person.
The new definition now includes acts done with the intent to threaten or “likely” to threaten the unity, integrity, security or sovereignty of India, and offences related to radioactive or nuclear substances, and even attempts to overawe, kidnap or abduct constitutional and other functionaries that may be listed by the government. Dhavan says: “The list is potentially endless.”
Under the Act, an accused can be held in police custody for 30 days, and further detained without charges for 180 days, although courts can restrict the period to 90 days.
“This is a travesty of constitutional rights and the rule of law,” says Gonsalves. “Even worse is the presumption of guilt in case there is a recovery of arms, explosives and other substances, suspected to be involved, including fingerprints on them. The police in India routinely plants such arms and explosives, and creates a false record of recovery.”
“The very fact that offences such as organising terrorist training camps or recruiting or harbouring terrorists carry a punishment as broad as three or five years to life imprisonment shows that the government has not applied its mind to the issue,’’ Gonsalves added.
Under the Act, there is a general obligation to disclose any information that a police officer of a certain rank thinks is relevant to the investigation. Failure to disclose information can lead to imprisonment for three years. Journalists are not exempt from this.
Besides making telecommunications and e-mail intercepts admissible as evidence, the Act also denies bail to all foreign nationals, and mandates a refusal of bail to anyone if a prima facie case exists, which is decided on the basis of a First Information Report filed by the police.
POTA and its predecessor, Terrorist and Disruptive Activities (Prevention) Act (TADA), were extensively abused. They typically targeted the religious minorities, specifically Muslims, and allowed for their harassment and persecution.
The TADA story is especially horrifying. Some 67,000 people were arrested under it, but only 8,000 put on trial, and a mere 725 convicted.
Official TADA Review Committees themselves found the law’s application untenable in all but 5,000 cases. In 1993, Gujarat witnessed no terrorism, but more than 19,000 people were still arrested under TADA.
Religious minorities were selectively targeted under both Acts. For instance, in Rajasthan, of 115 TADA detainees, 112 were Muslims and three Sikhs.
Gujarat had a worse pattern under POTA, when all but one of the 200-plus detainees were Muslims, the remaining one a Sikh.
The passing of the two new laws is certain to increase the alienation of India’s Muslims from the state. They have been the principal victims of India’s anti-terrorism strategy and activities in recent years.
Muslims are first to be arrested and interrogated after any terrorist incident, even when the victims are Muslims, and although strong evidence has recently emerged of a well-ramified pro-Hindu terrorist network, in which serving and retired army officers were found to be key players.
Muslims also distressed at the alacrity and haste with which the new laws were passed, especially since it contrasts with the UPA government’s failure to enact a law it promised five years ago to punish communal violence and hate crimes targeting specific religious groups.
“This will pave the way for more disaffection amongst Muslims and make the social and political climate more conducive to terrorism,” argues Gonsalves. “Even worse, it will promote excesses of the kind associated with state terrorism. And that is no way to fight sub-state terrorism.”
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Tags:human rights activists, India, Manmohan Singh government, Mumbai attacks, Muslims, National Investigation Agency (NIA) Act, new laws, POTA, Rajeev Dhavan, religious minorities, state of Jammu and Kashmir, the Bharatiya Janata Party, the Unlawful Activities (Prevention) Amendment (UAPA) Act
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