Showing posts with label Rajiv Gandhi. Show all posts
Showing posts with label Rajiv Gandhi. Show all posts

Sunday, November 1, 2015

Nayantara Sahgal And The Perils of Selective Outrage. India's Long Tussle With Free Speech.

A few inconvenient truths first. Narendra Modi's regime, so far, is not even as remotely fascist or pandering to sectarian interests as Rajiv Gandhi's regime, during which Nayantara Sahgal happily received the Sahitya Akademi, was.  India, compared to other developing countries, has a robust democracy thanks, not to the preening intellectuals but, to the common Indian voter and other commoners.

The rot in India's cultural and intellectual institutions has a long history that predates Modi. The Sahitya Akademi lost any pretense of institutional autonomy when it meekly accepted Jawaharlal Nehru, a sitting Prime Minister and one who can be called a writer only by a very loose definition of the term, as its first President. When Tamil writers prostrated at the feet of E.V. Ramasamy, metaphorically speaking, they lost all integrity to question Narendra Modi. What are the real issues at stake? Is one man or one party the cause of these ills?

Narendra Modi (From Wikipedia)
I came of age, politically speaking, in the Rajiv Gandhi regime when I used to be an avid reader of 'Indian Express' and 'India Today'. The anti-Sikh pogrom has been rehashed in many comments that criticized Nayantara Sahgal, but that singular focus actually diminishes and whitewashes the grotesque regime of fascism that Rajiv presided. Readers need to be reminded of the Rajiv era.

The 'Indian Express' under Ramnath Goenka and Arun Shourie waged a crusade against the excesses of Rajiv Gandhi's administration for which they were rewarded with nearly 200 cases foisted by various arms of the government including an unprecedented massive nationwide Income Tax raid that was conducted with military precision. Separatism in Punjab was put down with state sponsored terrorism which left in its wake mass graves and a super cop. TADA which made Rowlatt Act look gentlemanly was passed and the state was armed with yet another lethal arsenal which trampled individual liberty with impunity and as the Jodhpur detainee case showed the hapless citizen suffered under state terrorism. Rajiv, made arrogant and titular with the super majority he enjoyed in the parliament, sought to stifle dissent with his 'anti-defamation bill' that P. Chidambaram promoted with the zeal of a capo regime. I remember reading articles by the likes of H.M. Seervai in 'Indian Express' against the bill which finally Rajiv abandoned. As his administration teetered Rajiv, facing the prospect of some MPs defecting to the opposition, brought out the anti-defection bill. Rajiv sought to appease religious fringe groups with impunity. Muslims were appeased by a ban on 'Satanic Verses' and by reversing the Supreme Court verdict in the Shah Bano case. Hindus were appeased by opening up Babri Masjid for Shilanyas and having T.V. actor Arun Govil, who had portrayed Lord Rama in the TV series Ramayan on state run television, appear as Rama to assure voters in Allahabad that the Lord's blessings are for those who vote for the Congress candidate.

Rajiv Gandhi
But that was not all. Modi's name is rarely ever mentioned by his critics without mentioning the Gujarat riots. Little do we hear of an event like the Hashimpura massacre that happened on 22nd May 1987 in Congress ruled UP. The police had killed in cold blood Muslim youth and dumped their bodies in a canal. While Rajiv and a host of others trooped to UP little action of consequence happened. Muslims were paraded by gun toting policemen as the photo below attests. Little did rest of India know about such happenings unlike today's social media age when a despicable remark by a cabinet minister ricochets across cyberspace in a post that went viral. Such was the political climate, in short, in which Nayantara Sahgal was too happy to receive the Sahitya Akademi award. During those dark days it was journalists like Arun Shourie and N. Ram that stood up to establishment.

Muslim Youth being paraded at gunpoint in Hashimpura ('Hashimpura: Here's what happened' - Pictures by India Express)
The current climate of intolerance against free speech has a long and institutional history in India and it is patently unfair to just pin it on Modi and the Hindutva movements. If anything the Hindutva brigade is only doing what Shylock threatened to do, 'the villainy that you teach me I shall execute but I shall better the instructions'.

Nayantara Sahgal (Wikipedia)
India's constitution lacks an American style First Amendment that serves as an iron clad protection against curtailing free speech. India has banned books or penalized authors who wrote books that were perceived as unfair to India's image. Writing for 'The Hindu' Hasan Suroor points out that "Indian customs (he's referring to the authorities) have sweeping powers not to allow any printed material they deem objectionable. When the state itself is so illiberal and quick to shut out dissenting views, it can hardly be expected to act differently when confronted with illiberalism of others". Nirad C Chaudhuri learned at great personal cost what it is to displease the Babus while working in their employ. Nirad Babu was hounded out of his post at All India Radio for writing 'Autobiography of an unknown Indian'. Ramachandra Guha in an oped points out how that deprived Nirad Babu of his livelihood. V.S. Naipaul's 'An area of darkness', a scathing and polemical book on India, remains banned along with Katherine Mayo's 'Mother India', which Mahatma Gandhi labeled 'a drain inspector's report'. P.N. Haksar had to personally plead with Nehru to allow Satyajit Ray's 'Pather Panchali' be screened abroad. An overzealous official had apparently refused permission for Ray's film to be exported because it showcased India's poverty. Nehru responded "What is wrong about showing India's poverty? Everyone knows that we are a poor country. The question is: are we Indians sensitive to our poverty or insensitive to it?". This question would plague India's response to 'Slumdog Millionaire' a half-century later.

The Indian constitution drafted amidst a very turbulent political climate agonized over balancing liberty with ability to provide a secure state. Granville Austin masterfully recalls the debate over fundamental rights in "Indian Constitution: Cornerstone of a Nation". The constitution, aiming to provide a secure state, did not secure fundamental rights solidly. British era policies like 'preventive detention' and latitude to law enforcement agencies were left intact even privacy of communications and requirements of warrant to arrest were deemed inimical to the security needs of the state. Security needs aside social agendas like ending Zamindari system prodded the complete abandonment of 'due process' when it comes to property rights. Reading Austin's account of the debate it is amazing to note how much the Indian framers of the constitution looked to the American example. The desire to invest the State with almost unlimited power flowed not only from the security imperatives but from the added philosophical doctrinaire thinking that dominated the minds of almost everyone in that era. Using the State as an instrument to further social agenda, religious reform and socio-economic egalitarianism was seen as a necessary function of an 'enlightened State'. Unfortunately, rights, were often seen as negotiable goods in reaching those objectives. Interestingly the spark for dropping 'due process' with regards to fundamental rights came out of a discussion between one of the Indian drafting committee member and a US judge.

The current spectacle of writers and scientists returning awards to protest against a climate of intolerance supposedly crystallized around the killing of three individuals in unconnected incidents. Indians owe more to Kesavananda Bharati, a Hindu monk from Kerala, and legendary jurist N.A. Palkhivala for securing fundamental rights than to any supposed intellectual. When Indira Gandhi proposed a raft of legislation that would've made a mockery of the constitution and fundamental rights Palkhivala prodded Bharati to file a petition that ended with the Supreme Court, comprising a historically large 13 member bench, to declare that the legislature shall not enact laws that'd tamper with the 'basic structure' of the constitution. See my footnotes for an account of how Palkhivala swayed the judges. A lesser known case involved a much less known editor of a vernacular magazine. Gopal, editor of Tamil weekly Nakkeeran, went all the way to the Supreme Court to secure the rights to publish a salacious diary of a convicted criminal and in the process defined what privacy was. Indians owe it to Tamil politician Vaiko for securing the right of free speech to support a proscribed organization and that speech is different from material support. While the result may be the ugliness of having to see posters celebrating the birthday of a murderous tyrant like Prabhakaran it is a landmark judgment. Often governments hide behind the excuse of 'law and order' to ban works deemed unpopular. A little known and unsung hero who put a stop to that was a small time film producer S. Rangarajan from Tamil Nadu. Rangarajan's movie 'Ore Oru Gramathile' centered on the inquiries of India's caste and quota based reservation system. When fringe organizations threatened to disrupt the screening of the movie the then Tamil Nadu government, headed by Karunanidhi, which was a blind champion of quota based reservation, under the guise of social justice, banned the movie citing potential law and order problem. The Supreme Court in a stinging observation opined that "the State cannot plead its inability to handle hostile audience problem. It is obligatory duty to prevent it and protect the freedom of expression".

It'd be a gross omission to not give credit to Anna Hazare's movement for the Lokpal bills. Also, gone was the India where information was the privilege of the powerful and the elite. RTI (Right to Information) is an important tool in the arsenal of democracy. One final obstacle to a complete free speech society is the insularity of Indian judiciary which protects itself from any criticism with the draconian contempt laws.

It is worth noting that many of the current protesters played little to no role in securing or fighting for the rights of the common man but run around like headless chicken when three of their fellow travelers are killed under contentious circumstances.

Jawaharlal Nehru justly deserves the title of being India's architect and for symbolizing an age when the socio-economic and political foundations of the country was being laid. As it befits that era when States were looked up to to provide the intellectual foundations as well cultural institutions under State patronage sprung up. The year 1954 captures the sprit of that age. In 1954 the Nehru administration for the 'Department of Atomic Energy' and the 'Sahitya Akademi'. While it is heartening to note that an administration thought it necessary to establish, amidst the cacophonous volatility of the times, a premier scientific department and a premier cultural institute, it also brings into focus the position of primacy that the state occupied in the minds of intellectuals, most of whom continue to be unreformed and unapologetic Marxists. It is worth noting that America did not establish a state funded literary organization until the Lyndon Johnson era, in 1965, when constructing the 'Great Society' was the dream of liberals.

The trajectories of Sahitya Akademi in India and the National Endowment for Humanities in US is instructive of the nature of Faustian bargain that the intellectuals signed on to in India. Despite the NEH sitting atop a pile of funds, $167 Million according to wikipedia, it is a surprising fact that the most prestigious literary awards in US, the Pulitzer and National Book Awards, are given by completely autonomous institutions which have no truck with the state unlike the Sahitya Akademi.

Government interference in Sahitya Akademi has a long and sordid history that predates the Modi or any BJP administration. I am a great admirer for Nehru's prose and Nehru as a thinker of immeasurable breadth but it is beyond me to accept Nehru as a writer or a historian. It is pathetic that the Sahitya Akademi accepted Nehru as it's first Chairman. The saving grace was that Nehru, being no Modi, wrote to Khrushchev, "in his capacity as Chairman of Sahitya Akademi", not as Prime Minister, to protest the Krushchev regime's policy of not allowing Boris Pasternak to receive his Nobel Prize. Nirmal Bhattacharjee told 'Frontline' that the Akademi functions independently and pointed to the award given to Sheikh Abdullah's book 'Flames of Chinar' despite the book's unflattering references to Nehru. The shoddy journalist who wrote the column did not find out that the award was given, posthumously, in 1988 for reasons beyond literary merit or tolerance of divergent views. In fact on the contrary the award was probably 'engineered' to smooth the political tangle between Rajiv's government and Farooq Abdullah, the son of the deceased Sheikh. The general council of the Sahitya Akademi comprises of 5 nominees from the government of India, including representation from Department of Culture and Ministry of Information and Broadcasting. The autonomy of the Akademi, is, truth be told, fig leaf.

Khushwant Singh wrote a stinging op-ed in 'India Today' about how the Sahitya Akademi has awarded authors of no-merit thanks to political pressure and shoddy recommendations. Amrita Pritam, Khushwant Singh wrote, recommended awarding Harinder Singh Mahboob's book 'Jhanan di Raat' but later, when she was told of the Mahboob's unflattering references to Indira Gandhi, Pritam expressed regret and said that if she had known of it she would've blacklisted the book because she admired Indira Gandhi. The whole incident is revelatory on many levels. The least offensive part in that incident is that Pritam had not actually the read the book she championed. The second most offensive part is she freely confesses that she'd have blacklisted the book for maligning a leader she admired. The most offensive part is Amrita Pritam expressing admiration for Indira Gandhi, the leader who practically destroyed India as a democracy. Jnanpith awardee from Tamil, visited Soviet Russia and came back convinced that Solzhenitsyn was a liar and that the Soviet system, despite being repressive, is superior to the freer Indian system. He even wondered if liberty was worth it. Khushwant Singh also upbraids Sarvepalli Radhakrishnan for blacklisting writers 'for canvassing' for awards, while, 'overlooking similar charges against those he favored'. Of course Khushwant Singh cheered the Emergency era. Sartre made a show of refusing the Nobel prize while giving full throated support of Stalinism. Such is the lot of these so called conscience keepers who are returning the awards today. An instructive book to read on the trustworthiness of intellectuals as conscience keepers is historian Paul Johnson's 'Intellectuals'.

The Hindutva brigade does have a point that many, if not all, of these intellectuals who are now rushing like lemmings to join a bandwagon to discredit Narendra Modi have all been hypocritically silent when books were banned to appease minorities and when atrocities were committed by minorities to terrorize free speech into submission. There has usually been silence from the intellectuals when works like 'Satanic Verses', 'Last Temptation of Christ (movie)' were banned or when Taslima Nasreen faces ostracism from her own community or when something as grotesque as T.J. Joseph having his hand severed by a fringe Muslim fundamentalist organization or when Sanal Edamaruku had to practically exile himself for having angered the local catholic church. This malaise of selective outrage against causes convenient to be outraged about robs the protesters of the moral halo they eagerly seek to cloak themselves with. There are no saints in this current battle of wits and propaganda.

When M.F. Husain paints Hindu goddesses in the nude and draws the ire of militant rowdy elements of the Hindutva brigade everyone desirous of the label 'conscientious objector' comes out of the woodwork to shout from rooftops about the virtues of free speech. Yet, during the Danish cartoon controversy we look around and find a deafening silence and even a lecture on how hurting religious sentiments should not be confused for free speech. A sample is A.G. Noorani's tortured column in 'Frontline' on the issue of the cartoons (see Reference below).

The group of scientists who have joined the bandwagon of protest is the most curious one. Many of them have been heads of institutions for decades which have enjoyed state patronage running into hundreds of crores. Many of these institutions have enjoyed unprecedented autonomy, by Indian standards, and yet Indian universities secure pathetic places in World Rankings. I'm sure many will point out this or that research, this or that scientific personality of international repute. But, as a country India's educational infrastructure in higher education is nothing to write home about. These scientists who are now seeking to portray themselves like they are some Giordano Bruno burning at the stake for the sake of science are largely institutional toadies. I was stunned to learn that University Vice Chancellors, among a host of others, are eligible for VIP lounges akin to business class lounges in airports. No wonder that appointments of VCs is ridden with corruption.

Where was the outrage when a Vice Chancellor in Tamil Nadu said openly that he had become a VC by bribing the then regime? Where is the shame for not having put India's institutions on the map of the world? Where is the shame for India's institutions of repute not being diverse enough? These scientists should be resigning en-masse merely out of humility for not having done enough in the institutions they run.

The most laughable irony in all this fracas is wonderful FB activists from Tamil Nadu who are eagerly sharing news of every award returned and every anti-Modi snub. If any state is hostile to free speech it is Tamil Nadu and if there's a prize for being a charlatan on science and scientific temper many Tamils would win it hands down. E.V. Ramasamy made a career out demonizing a community, a minority really, in sheer fascist terms. E.V.R and his protege C.N. Annathurai have caused irreparable damage to generations of Tamils with nonsensical theories spun to support their fascism and chauvinism. A Tamil Nadu student learns that ancient Tamil texts contain theories akin to Isaac Newton's Third law of equal-and-opposite reaction, Einstein's Theory of Relativity and atomic fission. Any question of E.V.R's qualities as leader or intellectual will be met with a torrent of abuse from all and sundry. If one looks at the tactics of Dravidar Kazhagam, the party founded by E.V.R, and the Sangh Parivar the similarities are striking with the only difference being that the intended target of hatred is different.

The Sangh Parivar has been a fixture in Indian politics for nearly a century now since the Hindu Mahasabha was formed, along side the Muslim League, in 1906. The burning question being asked about these protests is, "why now?" As one writer wrote, in response, things have reached a boiling point and India is at cross-roads and if voices of protests do not rise in unison today then India will slide into a fascist theocracy. Is that true? No. It is not true.

What is different in Modi's India in 2015 compared to the days when Golwalkar and Veer Savarkar spewed venom? In the early part of the twentieth century Gandhi strode the Indian scene like a colossus and against his philosophy of non-violence and inclusive politics the divisiveness of a Golwalkar, while vibrant in pockets of India, never gained primacy. Post-Independence Jawaharlal Nehru, more than anybody, stood athwart the gates of hatred with his unimpeachable credentials of being secular and progressive (when the word 'progressive' had some honor to it). The role of Marxist dominance in intellectual discourse and cultural institutions undeniably played a laudable role by keeping at bay the atavist and reactionary elements that was looking for every available loop hole to sneak in a theocracy. How did India come to a place where a minister, a professor of physics no less, could suggest that universities should study astrology as a discipline (this is now a hotly disputed account but that it is cited widely shows what people think of as possible in a regime like this)?

The post Nehru era is largely responsible for paving the way for the current ideological clash. Again, Marxists and the left wing played a vital role but this time, unfortunately, counter-productively. Indira Gandhi and Rajiv Gandhi largely turned secularism into vote bank politics. It became fashionable to lecture Hindus about secularism and then attend Iftar parties with skull caps. Anything to do with Hinduism was snickered about and ridiculed while minorities were given wide latitudes to indulge in their own hypocrisies. Nowhere was this more evident than in Tamil Nadu where E.V. Ramasamy and his ideological progeny went to great lengths to offend Hindus while enthusiastically cheering the superstitions of minorities. In Tamil Nadu it became OK for a government official to ridicule in print Hinduism's holiest festival Diwali and then send greetings to minorities for their festivals. Scientific temper became an ugly phrase used hypocritically to ridicule Hindus while fashioning cockamamie theories to support linguistic and regional chauvinisms.

Advani sensed an opportunity to drive a wedge into the heart of India in his quest to turn his party, BJP, which had two seats in the parliament in 1984, into a force to reckon with. Advani stoked the fear of Hindus, the majority, with fears of being marginalized thanks to minority appeasement. He coined the word 'pseudo-secular' to denote everything that reeked of double standards. Soon ideas that were in the margins of the nation's conscience became centerpiece. The dangerous game he played was to take the few justifiable grouses and graft it onto a largely dishonest propaganda. To be fair to minorities India has provided ample scope and freedom for Hindus and molly-coddled them too. Advani launched a Goebbelsian propaganda that Nehruvian Marxists have insidiously cultivated an unhealthy distaste for Indian heritage in the Indian mind. A charge that is patently false and is sadly repeated by even Tamil writer Jeyamohan. Advani created a fetish for discarding 'western' ideas. Macaulay became the favorite punching bag for having deprived Indians of an education in consonance with their rich heritage and instead making them clerks to a colonial babudom.

In an age where there is no Mohandas Gandhi or Jawaharlal Nehru the honest souls that were appalled by Advani's chicanery were left to fend for themselves by hoisting thugs of the likes of Laloo Prasad Yadav and Mulayam Singh Yadav. Advani's party laughed it's way to 85+ seats in 1989 elections. Armed with political power nonsensical ideas gained currency and were pushed to a place of intellectual discourse. Any attempt to shut down the Hindutva group's nonsense was met with "are you anti-Indian?"

I watch with alarm and concern the fact that my alma mater, SASTRA (it was Shanmugha College of Engineering in my student days), organized a tech summit with Mahabharata as theme. A computer science student helpfully wrote a blog that Gandhari giving birth to a 100 sons was thanks to I.V.F and Drona's 'brahmastra' was actually a ICBM and of course atomic fission was known to the Kuru princes. In the name of respecting India's rich heritage sheer duplicity is being paraded as evidence and any attempt to scrutinize the validity of the claims is met, again, a torrent of abuse that includes aspersions on one's love for the country. But, as I pointed out earlier, much attention is paid to the Hindutva variety of bigotry but regional variations like that used by Dravidar Kazhagam gets a free pass. It is this sickening double standards that the Hindutva camp deftly uses to discredit its opponents.

One wonders, nevertheless, if Modi did not sow the seeds for any of what supposedly agitates the protesters what is it about him that makes him the bete-noire of the protesters? Here's my hypothesis.

If any of these protesters had galvanized such protests when Vajpayee and Advani unleashed Hindutva we may not have reached the abysmal depths of today. Other than polite noises such an organized protest never happened when Babri Masjid fell or when Advani terrorized entire cities with his juggernaut of a rath yatra. The reasons for the protests crystallizing today, in my opinion, are manifold.

First, Modi, unlike Vajpayee and Advani is the first openly and stridently pro-business capitalist. Modi has kept at bay the likes of Gurumurthy who headed the Swadeshi Jagran Manch in the Vajpayee days. Intellectuals, as American philosopher Robert Nozick points out, are leftists if not card carrying Marxists. In a country where capitalism was an abusive word until recent times Modi's strident pro-business agenda is deeply unsettling to these protesters, many of whom are aging Marxists.

Second, and this is, I'd concede, an explosive conjecture. Unlike Vajpayee Modi is not only not a Brahmin but a lower caste. Vajpayee was held in awe, despite the divisive agenda he helped propagate, for being a silver tongued orator and poet. Also Vajpayee was seen as the velvet glove to the iron hand that Advani was. Vajpayee, to give some fair credit, was an admirer of Nehru and had famously called Indira Gandhi a 'Durga'. Modi is none of that.

So, is there no justification in the claims of the protesters about a climate of intolerance and bigotry? While I quibble about how much Modi can be held responsible for it is undeniable that there is a climate of intolerance and bigotry today. I want to widen the perspective of who or what is responsible for the current climate so we could go after the real root causes instead of complacently believing that but for one man or one party all would be well in India.

Take the case of the 'cow protection' which supposedly set the powder keg on fire with the incident of lynching at Dadri where a Muslim man, suspected of consuming beef, was butchered by a Hindu mob. The Hindutva crowd and Modi's supporters, many who do disavow the killing, are nevertheless angry that their demand of 'cow protection' is somehow seen as pandering to one religion and a bigotry too. They are right. 'Protecting the cow' is part of the 'Directive Principles' of India's constitution which was framed by mostly Congressmen expressly to satisfy the wishes of Mahatma Gandhi. Where were the intellectuals when such a directive was included? What is worse the laws against sale of beef during certain festive periods were created by Congress regimes in many states and it was done to respect local sentiment (or vote banks).

Exasperated at the divisiveness and hostility to compromises with those across the aisle many Americans today blame, with great justification, the advent of social media and 'echo chambers'. Modi has enjoyed the blessings of social media to bypass the native press, especially the English press, that was never going to accept him. Social media is a double edged sword. If social media had been invented in the age of Indira Gandhi or Rajiv Gandhi one would've found misogynists and racists in their cabinets too. C.N. Annathurai specialized in heaping sexist and racist scorn. Referring to a widower Nehru holding talks with a widowed Sirimavo Bandaranaike, alone, Annathurai disgustingly said "a widow and a widower alone in a room. I hope they only talked". Asked about Indira Gandhi shedding blood due to a black flag demonstration by his party DMK, Karunanidhi said "well, a woman can bleed for any number of reasons". Asked about Jethmalani's proposed 10 questions a day Rajiv Gandhi retorted "I don't have to reply to every dog that barks". Jethmalani retorted back, "dogs bark at thieves".

In today's world a minister's intemperate remark ricochets in cyberspace in no time. The honorable thing to do for Modi would've been to fire him. But then Modi himself used the canine analogy to say that he felt bad about those killed in the Gujarat riots like he would feel if a puppy was killed in a car accident.

The really unfortunate part of all this is the echo chambers that we surround ourselves with. Whether it is right wing or left wing, pro or anti-Modi or anything as for that matter today it is possible for a person to surround himself or herself only with what one wants to hear with a near total exclusion of anything outside and particularly those that may contradict one's beliefs. I've seen Hindutva people on FB talk nothing else but of how minorities are going to take over India, how minorities are appeased, double standards (perceived and real), insults (imagined and real). They read only cyber-magazines and articles that dish out what they want to hear. There are no gray areas. Everything is black and white. Likewise minorities and other groups indulge in their own fear mongering, ghettoization, perpetual victimhood, instinctive distrust and demonization of others. This echo chamber is what is tearing societies apart.

When it comes to echo cambers my greatest fear is about educational institutions run, primarily by minorities, and then by caste minorities. While Uniform Civil code might be too long a shot I'd urgently recommend scrapping of the carte balance rights given to religious minorities in running educational institutions. When a Hindu girl gets fined by a Christian school for wearing Mehendi we've reached new lows. It is time that minorities realize that they cannot be claiming perpetual victimhood and hanker after exclusive rights while demonizing the faith of the majority. It is time that minorities align themselves more with the mainstream with the faith that India sufficiently protects them already. It's time for ghettos to go. On the other hand I see sectarian educational institutions, for instance, Brahmin run schools and colleges in India, pretend like any talk of Indian heritage and culture has to be exclusively Hindu and what is worse they cannot pretend to talk of "Indian" heritage when what they clearly mean to talk of is only Hindu heritage. Notions of diversity and an ability to appreciate the complex ebb and flow of history in an ancient country like India urgently needs to be inculcated from the school level.

Talking of social media and echo chambers it is a fact that the current protests have caught the attention of the world. Today anybody living outside India maybe pardoned to think that minorities live in mortal fear in India. This is arrant nonsense and is a loss of reputation for India with deeper impact on India. When people eagerly shared On FB Anand Patwardhan's claim that Modi's India is worse than the Emergency era it does incalculable harm. First, it shows that Patwardhan does not remember or know what Emergency was like or what the Indira regime was like. Modi cannot do much of what Indira did without running into a tsunami of protest. Imagine Modi packing the Supreme Court with pusillanimous judges like Indira did let alone declaring Emergency, suspending habeas corpus, arresting the entire opposition, unleashing a police raj and muzzling the press. India in 2015 is a far more mature and robust democracy than it was in 1975.

If comparing Modi's India to the Emergency era is stupid then comparing it Hitler's Germany is nonsense that defies categorization. Modi is not Hitler and India is not where Weimar Republic was in the 30s. Stop insulting history and parading ignorance with over the top comparisons like that.

Incidentally I should draw attention to the fact that even up to the 90s when the Government held the monopoly on news it was almost impossible to question the nation's politicians on TV. However much we may ridicule Arnab Goswami, one has to accept that we've come a long way when Doordarshan anchors would think it's sacrilege to question, let alone hector, a politician on live TV. Thanks to privatization and liberal economics private TV has mushroomed and we find Mr Goswami launching a shouting match on an unwitting politician. This is democracy at its noisy best and should be cheered. In 2000s India Tehelkha could interview murderers of the Gujarat carnage and bring into our living rooms the horror that had unfolded unlike the faceless murderers of Nellie massacre. In today's India a single Muslim being killed in a small town becomes headline news unlike the thousands who were mowed down in Nellie. Thanks to technology and liberal economics India has become a better and stronger democracy and in turn politicians have become more accountable.

Having said all that am I a Modi supporter or do I approve of Modi. Far from it. In my opinion Modi is no visionary. He has no imagination. He's a small time state leader who has artfully propelled himself to the highest elected office of the land. This man does not understand that what India needs is not a Facebook office or a Google Campus. What India needs is a Harvard and before that good public schools. Like any half-informed Indian he thinks America's power lies in Apple and Google campuses. America may lose its number one position on GDP or even the military ranking but what America may never lose in the near future is its complete domination of higher education. Education is the backbone of the country. Instead of meeting with Mark Zuckerberg if Modi had met with Drew Gilpin Faust I'd have cheered him. But alas he's no Nehru and what can one expect from a man who made a dilettante like Smriti Irani the education minister.

While I may be disappointed that Nehru accepted being President of Sahitya Akademi I admire the vision of a man who created cultural institutions along side institutions of science while the country was in a mad spiral of communal violence and linguistic chauvinism.

Couple of the articles that criticized Modi for not addressing the nation after the Dadri lynching pointed to how Obama takes interest in even small affairs like a Muslim school boy being arrested. This shows how knowledge what happens in different parts of the world makes an Indian citizen demand more from his or her leaders and expand what one expects from the leaders in a democratic setup. Of course Modi could learn a lot from an American President but I'd suggest that he look closer at home. Modi needs to learn from Jawaharlal Nehru. Nehru adamantly opposed appointing a person like P.D. Tandon as Congress President given his communal leanings. In a volatile situation like what was then no office was too small to be given away to anyone who may be any less a secular person. That was an important fight. Let Modi pick just some collected writings of Nehru to learn why the man was India's Washington, Jefferson and Hamilton all rolled into one. But alas this is a man who's building a made in China statue for Sardar Patel.

India's middle class that is poised to corner the most gains from Modi's India is dangerously insular to the needs of their lesser fortunate brethren who form the vast majority of India. The dominant discourse in America, considered the citadel of capitalism, today is about the widening income inequality. I am saddened to note that the rapidly rising India largely lacks any concern for the downtrodden. Modi, coming from indigent circumstances, remains blissfully ignorant of what inclusive growth is. Addressing his fellow elected members for the first time, Modi, wept, saying "the poorest of the poor have sent us here". He'd do well to remember that everyday of his life at office.

One of my friends asked me tartly "even if Modi speaks out on Dadri given his history would it ring with sincerity?" He has a point. Modi has to earn the trust of the minorities. The Hindutva crowd need only remember how gently America treats them as minorities and accommodates their needs. A majority has to show magnanimity first and work assiduously, every day, to earn the trust of minorities. And minorities, should reciprocate.

Indians needs to understand that free speech is not just about some high minded literature or artsy cinema or work of art but even about the freedom of a woman to dance in Mumbai's bars who are being told by the Supreme Court that they can dance but subject to the caprices of the local police who can decide what is obscene.

So what role can intellectuals play? Simple. Educate people patiently. To the scientists I'd say "learn from Carl Sagan and Richard Feynman". You, of all people, can do more for India than Modi or Nayantara Sahgal. Create the next Harvard in small Indian town. But first try to learn how Harvard and MIT became what they are today. Publish scientific literature that'll take science to at least the educated public. Who'll be your John Gribbin? When Christian fundamentalists tried to sneak in creationism into American schools the nation's science institutes published a fine book marshaling evidence in favor of Darwin and against creationism's trojan horse 'Intelligent Design'. Don't sit in your ivory towers ridiculing the people and smug. And more importantly be equal opportunity offenders against fundamentalism by all, not just one religion.

The legal fraternity needs to size the moment and propose a raft of legislation that will amend the constitution and secure the rights of a citizen more concretely and most importantly in the widest possible sense of the word 'liberty'.

Historians and other intellectuals have a more urgent role in combating in as many forums as possible the nonsenses that the Sangh Parivar peddles. It is not enough to cry 'bigotry'. India needs intellectual ballast to combat bigotry. Rescue the educational institutions from rote learning, nepotism, corruption and give students a taste of what is academic excellence and scholarship.

The writers needs to dissociate from any government run institutions or ensure that they are run autonomously in the true sense of the word. Encourage dissent and divergent views in the organizations you run. I'd strongly suggest that artists need to create their own independent associations and reward excellence. You also need to speak out more consistently for the common man and not just come out of your ivory towers when your fellow ideological travelers are threatened.

To all those who are worried about India becoming a theocracy and diluting its secular outlook an important task is to define secularism in positive terms. Secularism does not mean disavowing religion, that too selectively targeting the faith of just the majority. Laloo and Mulayam cannot be the poster boys of secularism. A Tamil columnist was recently threatened on TV by a Hindutva person that he would have sunk smeared on his face for opposing Hindutva and Modi. That is condemnable and disgusting. But it is equally condemnable and disgusting when that Tamil commentator claimed in an earlier show (a year ago I think) that the terror attack in Godhra by Muslims was anything but. Secularism is not excusing one terrorism while crying hoarse about another. I don't remember any outcry by intellectuals when Laloo Prasasd Yada used the office of his ministry of railways to white wash the Godhra attack. This despicable double standards has to stop and stop immediately.

When Rabindranath Tagore renounced his knighthood I don't think any Indian would've ridiculed him. To become the conscience of a nation is no small thing and many of you are far from it.


To every citizen, a humble request, "never ask for whom the bell tolls. It always tolls for thee".

I'd close with the words of India's poet laureate Rabindranath Tagore.

Where the mind is without fear and the head is held high
Where knowledge is free
Where the world has not been broken up into fragments
By narrow domestic walls
Where words come out from the depth of truth
Where tireless striving stretches its arms towards perfection
Where the clear stream of reason has not lost its way
Into the dreary desert sand of dead habit
Where the mind is led forward by thee
Into ever-widening thought and action
Into that heaven of freedom, my Father, let my country awake.

References:

  1. Khushwant article http://indiatoday.intoday.in/story/controversy-over-the-1991-sahitya-akademis-choice-of-author-exposes-its-flawed-functioning/1/308420.html
  2.  Nehru's letter to Kruschev http://indianexpress.com/article/explained/in-fact-when-a-sahitya-akademi-chief-spoke-up-for-a-soviet-dissident/
  3.  Nehru as President of Sahitya Akademi http://indianexpress.com/article/explained/writers-protest-what-returning-sahitya-akademi-honour-means/
  4.  Frontline article "50 years of Sahitya Akademi" -- Masti Vekatesa Iyengar and Sheikh abdullah affair http://www.frontline.in/static/html/fl2124/stories/20041203004009900.htm
  5.  Nehru and Satyajit Ray http://www.frontline.in/static/html/fl1526/15261180.htm
  6.  Aravind Adiga about S.L. Byrappa http://www.outlookindia.com/article/a-storyteller-in-search-of-an-ending/284084
  7.  "Ore oru gramathile" case http://india.blogs.nytimes.com/2012/02/14/from-tollywood-a-landmark-case-on-free-speech/?_r=0
  8.  List of films banned in India https://en.wikipedia.org/wiki/List_of_films_banned_in_India
  9.  Hasan Suroor's column 'You can't read this book' in Hindu http://www.thehindu.com/books/you-cant-read-this-book/article2953626.ece
  10.  List of books banned in India https://en.wikipedia.org/wiki/List_of_books_banned_in_India
  11.  Nakkeeran Gopal "I've 211 cases against me" http://www.thenewsminute.com/article/i-have-211-cases-against-me-nakkeeran-gopal-his-battle-criminal-defamation
  12.  Nakkeeran Gopal case http://indiankanoon.org/doc/501107/
  13.  Nirad CHaudhuri's "Autobiography of an Uknown Indian" and his troubles - Column by Ramachandran Guha "Nirad Chaudhuri's Nehru" http://www.thehindu.com/thehindu/mag/2002/11/24/stories/2002112400580300.htm
  14.  Sahitya Akademi Constitution http://sahitya-akademi.gov.in/sahitya-akademi/aboutus/the_constitution2.jsp
  15.  History of Sahitya Akademi http://sahitya-akademi.gov.in/sahitya-akademi/aboutus/about.jsp
  16.  Assault on T.J. Joseph https://en.wikipedia.org/wiki/Assault_on_T._J._Joseph
  17.  Sanal Edamaruku https://en.wikipedia.org/wiki/Sanal_Edamaruku
  18.  Danish Cartoon controversy and A.G. Noorani http://www.frontline.in/static/html/fl2306/stories/20060407001107800.htm 
  19.  Dadri Lynching https://en.wikipedia.org/wiki/2015_Dadri_mob_lynching
  20. Hashimpura: Here's what happened http://indianexpress.com/photos/picture-gallery-others/hashimpura-massacre-most-chilling-murder-in-free-india/


Tuesday, February 25, 2014

Rajiv's Assassins : Justice Delayed, Justice Served and Justice Forgotten.

It is unconscionable that a death row convict has to wait for a decade, with his life hanging by a thread, to learn whether or not he would die or live. That is barbarism. The convict may be guilty of a barbarous crime but it does not behoove any nation that seeks to think of itself as a land with laws and humanitarianism. Even the most despicable death row convict is deserves to have a 'clean' death. Not a tortured death. Nothing is greater torture than to keep in suspense a convict's fate. India's Supreme Court, the one remaining institution of some semblance of competence in India, has delivered a landmark judgment in telling India's government that they owe it to death row convicts to ensure a speedy response for mercy petitions. Kudos to Justice Sathasivam and team.

Bringing Rajiv's assassins to justice is less important than justice being done for all and for all time to come. The Indian state is very cavalier in its attitudes towards human lives and the Supreme court has now ensured that this pernicious and barbarian attitude of sleeping over mercy petitions will come to an end.

Indian laws do not envisage life imprisonment as 'true life imprisonment' unlike, say, US laws where convicts can be sent to jail with no hope of parole or getting out alive. Some deserve that punishment. I do not subscribe to characterizing judicial punishments exclusively as 'opportunities for reform'. Sure such an opportunity should exist but there are crimes where judgments can only be punishments.   It is not my wish to see Rajiv's killers, especially Murugan, who was intrinsic to the heinous plot, to be freed but the paramountcy of law and legal precedence is far more important. The three killers along with the other four should be released post-haste. This humiliating episode should make the Indian state realize thus far and no further.

However, I do not subscribe to cheering the convicts as 'innocents'. They've been pronounced guilty, repeatedly, by all courts including the now much loved Supreme Court. The officer who recorded Perarivalan's confession statement gave a bombshell interview saying that he left out a key sentence in recording the confession. The officer said he omitted recording that Perarivalan did not know that Rajiv was the intended target of the bomb attack for which he had procured the batteries for. Yes, his ignorance of intended target may have indeed spared him the gallows. That said it is sheer propaganda to claim that the officer exonerated Perarivalan.

Photo Courtesy: The Hindu. From L to R - Perarivalan, Murugan and Santhan.
 
Alongwith Rajiv several others died. Several were policemen of very low ranks. Son of one such policemen had posted a comment, in a vernacular magazine, recounting how his family ran from one hospital to another looking for his father only to find him later as a mangled corpse riddled with projectiles and torn apart. In the melee that ensued everyone was only worried about Rajiv and the aftermath of his assassination. Congressmen who today lament about the other victims did not bother about them until today when such victims are convenient bogies for sympathy.

Mrs Arputham, now many call her venerably Arputhammal, as mother waged an unrelenting struggle against the mammoth and inhuman state. That Perarivalan is today spared from the gallows is greatly due to her herculean efforts. In her own interview while claiming that her son was innocent she does concede that their family, like many other Tamil families she says, helped LTTE. Thats a partial truth with dangerous self-blindness. Out of the millions of families maybe a few hundred families actively involved themselves with the LTTE. Their family, thanks to its association with DK, was actively involved with helping LTTE. Nalini's brother, Mrs Arputham says, accosted her son. Even if one were to agree that Perarivalan did not know about Rajiv as target the 19 year old adult should've realized that he is being accomplice to a possible murder. As such, it is shameful to make a mother's grief as witness to a son's ignorance.

Another pornography of grief is propagandizing a pleading letter by the daughter of Nalini and Murugan. I feel sorry for her. I do. But sorry does not put Humpty Dumpty back. Her parents were part of an assassination plot that, incidentally, murdered 14 others. Many of the other victims were sole breadwinners for their families and their families were plunged into penury where as a sympathetic Sri Lankan diaspora sheltered Nalini's daughter and brought her up in London. I've written before that India should not have bothered about the dilemma of the state creating an orphan by executing Nalini and Murugan. The state would not have orphaned their child. Nalini and Murugan orphaned their daughter by indulging in a crime as a couple. The case of US executing Julius and Ethel Rosenberg is pertinent to recall here.

A very perverted argument in this discussion of Rajiv's killing is the angle of IPKF. Mrs Arputham talking to Hindu said "How can we justify Rajiv's approach to Eelam. How many Tamils were killed by IPKF? How many women were raped by IPKF?". I've heard many say "well Rajiv deserved it". Nothing is more vulgar and unjust. Such people make it appear as if Rajiv Gandhi sent the Indian army with an express mission to kill and rape Tamils. Rajiv, with all his faults, was no Pol Pot. Jeyawardane ensnared, amateur politician and overnight PM, Rajiv, in a civil war. Prabhakaran, as he would time and again, broke the truce launching a war against the Indian army.

Yes, there were incidents of IPKF raping women. Even today Indian army has that stigma in peace keeping forces in Africa. However Mrs Arputham and millions of Tamils conveniently forget that IPKF too suffered heavily due to guerrilla tactics of LTTE. When a military officer visited my school in 1988 several of us asked about this rape incident. He, by what appears in hindsight now as nonchalantly, said "there are biological reasons". But he added a less spoken truth too. He said IPKF would avoid frisking young girls, many children actually, but the same girls would cross a checkpoint and pull out a grenade from within their skirts and toss it. IPKF was also not given a free hand in crushing the enemy. They had to fight with one hand tied behind their back. Indian army suffered large casualties due to muddled policy making in Delhi.

In media we do not often hear from two sides. Tamil media in a jingoistic overdrive is giving a megaphone only to Mrs Arputham. We seldom hear from the then investigating officers or army leaders of IPKF.

North Indians are aghast that Tamils might be celebrating the release of three assassins. Thats unfair and short on memory. Gandhi's assassins are worshipped by quite a number of people. Indira's assassins were mourned and celebrated in Gurdwara's across Punjab. It is despicable but thats the reality. And lets not forget that murderers of thousands of Sikhs sat in ministries. One man's terrorist is, sadly, another man's freedom fighter.

Tamils who accuse the rest of India of not caring for their concerns are being unfair. How many Tamils cared for Simranjit Singh Mann who was held in prison for 4 years in connection with Indira's assassination and later acquitted. How many Tamils even know about the case of the 'Jodhpur Detenus'. After Operation Bluestar nearly 365 Punjabis were arrested and were collectively referred to as 'Jodhpur detenus'. Many, without any justification, were incarcerated for nearly 4 years. How many Tamils even know that K.P.S. Gill became the fabled Super Cop thanks to the mass graves that he helped populate? Interestingly S.S.Mann told Rediff in a 1999 interview that Rajiv's assassins should be pardoned. India is a land of 'million mutinies' with communities rarely being emotionally unified on an pan-Indian level.

As always the ever irrepressible Jeyamohan waded into the this issue with a lengthy blog at the end of which he facetiously professed ignorance about state craft and political science. He need not have added that disclaimer the blog was evidence of his near total lack of knowledge in the topic.

Jeyamohan glorifies the LTTE assassination as if it was some ideological political reaction to the prevailing ideology, albeit, a violent one. Then he attribute to Nehru what was originally a Jeffersonian thought, that a truly democratic form of government should allow subversive protests even if it meant overthrow of an existing governing system. This is wrong on two levels.

First, Nehru, shaped by Gandhian freedom movement with pan-Indian nationalism as its bedrock, was dismissive of separatist movements. Nehru was extremely intolerant of any separatism, including non-violent ones. He would ridicule the Dravidian party clamor for separatism, with some justification but not wholly, as 'nonsense'. He would not hesitate to not just arrest his friend Sheikh Abdullah but exile him to far away Tamil Nadu too. Nehru, incidentally, was an admirer of Stalin and Lenin. The Indian state has always crushed with an iron hand any and every separatist movements. From Naxalbari to Punjab to Kashmir India has time and again showed that it is not a soft state.

Second, Prabhakaran was not espousing any alternate ideology or form of government. Rajiv's killing was a politically motivated targeted assassination with no qualms of conscience about collateral damage. The suicide bomber was clothed in deadly bombs enough to kill more than one. Prabhakaran wanted to ensure that Rajiv was killed no matter how many others were killed along with him. Prabhakaran would repeat the Rajiv style assassination two years later to kill Ranasinghe Premadasa. To honor acts of cold blooded murder as quest for alternate ideology only shows that Jeyamohan needs to stick with what he knows best and refrain from topics he knows nothing of.

I support the death penalty because some crimes are so heinous that the perpetrators, by committing those, forfeit their right to live. The Delhi rapists, Timothy McVeigh, Ajmal Kasab, all deserved to die. It is silly, as Jeyamohan does, to tie necessity of death sentence to lack of adequate police. In fact if the police-population ratio is very low it is all the more reason to scrap death sentence because the crime may not have been investigated properly.

Amidst the Modi wave thats sweeping the country a word thats often tossed is 'pseudo-sceularism'. Coined by Advani it refers to what Hindus call as preferential treatment of Muslims in the name of secularism. Muslims like Ajmal Kasab and Afzal Guru have been executed without much delay unlike Hindu killers like the Rajiv assassins or Naxal leaders (as listed by Jeyamohan himself).

Jeyamohan bares his Hindutva self when he argues that Islamic terrorism, which has international support, should not be spared. He even calls for expedited justice so that no fantastic attempts, like a flight hijacking, take place to trade hostages. By citing an exceptional one time fact Jeyamohan calls for tribal justice against Muslims. India executed Afzal Guru without even intimating his family despite an entire state being on the edge of violence. How many flight hijackings took place to release him. The Muslim terrorists at least only hijacked a flight Khalistan terrorists blew up an entire aircraft killing hundreds of Indians and today we have a Sikh Prime Minister. Some pseudo secularism this. Lets not forest brigand and murderer Veerappan taking an erstwhile matinee idol as hostage and demanding the release of his acolytes in prison who were accused of murdering a police official. In fact many Muslims have been arrested without any shred of evidence and held in prisons. What can Jeyamohan tell them? By the way Punjab separatism too had its supporters from outside. What about LTTE that had a robust international network to lobby and raise funds? Save your outrage Jeyamohan.


I've an overriding concern with the Supreme Court judgment though. Now I don't want subsequent mercy petitions to be disposed of hastily and petitioners executed hurriedly to avoid being seen as lethargic. The Supreme Court should lay down rules for transparency in the mercy petition process and hold subsequent governments to account.

The one part of Mrs Arputham's crusade to free to her son that is really honorable and a signal service for families of other convicts is the attention she has brought to how inhuman the Indian prison system is. Mrs Arputham was subject to cruel humiliation, including, once, being asked to use a toilet without closing the door, for her attempts to see her son in prison. The Supreme Court should duo motto take up that issue and put an end to such travails. The mark of a civilized society is one in which even a murder convict can claim human rights.

A bitter mother who is few steps away from complete victory Mrs Arputham minced no words about Karunanidhi and Veeramani, two of Tamil Nadu's most duplicitous self styled custodians of Tamil interests. She labeled them aptly as turncoats. Poor Mrs Arputham had to undergo such himalayan personal travails to know their true colors.

The seven convicts may see justice served, though delayed. But, with a heavy heart, we need to remember that Rajiv and the remaining victims will not get their justice.


My earlier blogs on this issue:

1. The Rajiv Killers and the Death Penalty Debate http://contrarianworld.blogspot.com/2011/08/rajiv-killers-and-death-penalty-debate.html

2. Jethmalani's Travesty and Hypocrisies Galore in Tamil Nadu http://contrarianworld.blogspot.com/2011/08/jethmalanis-travesty-and-hypocrisies.html

Other References.

1. Mrs Arputham's interview to Tamil Hindu - http://tamil.thehindu.com/opinion/columns/à®°ாஜீவ்-கொலை-பெà®°ிய-தப்பு-à®…à®±்புதம்-à®…à®®்à®®ாள்-நேà®°்காணல்/article5723757.ece
2. 40 of Jodhpur Detenus release - Article from India Today - http://indiatoday.intoday.in/story/while-40-jodhpur-detenus-are-released-long-wait-continues-for-the-rest/1/329192.html
3. Jodhpur Detenus and withdrawal of draconian laws - Article in India Today - http://indiatoday.intoday.in/story/release-of-jodhpur-detenus-withdrawal-of-draconian-laws-step-in-the-right-direction-taken-in-punjab/1/323257.html
4. S.S. Mann's interview in Rediff - Mentions clemency for Rajiv's assassins - http://indiatoday.intoday.in/story/release-of-jodhpur-detenus-withdrawal-of-draconian-laws-step-in-the-right-direction-taken-in-punjab/1/323257.html
4. Jeyamohan's article on 7 assassins http://www.jeyamohan.in/?p=46899

Wednesday, August 31, 2011

Jethmalani's travesty and Hypocrisies Galore in Tamil Nadu

Ram Jethmalani became a household name in the late 80's thanks to his "10 questions a day" to Rajiv Gandhi in Indian Express. When asked about the question Rajiv retorted "I dont have to answer every dog that barks". Jethmalani returned volley, "Mr PM dogs bark only at thieves". Those were heady days. As a naive teenager I was drawn like a moth into such grandstanding. Jethmalani, A.G. Noorani, Arun Shourie, Ramnath Goenka were all heroes. Gurumurthy's articles on Reliance Industries were a huge hit. Little did we know that Express was merely taking sides in a corporate war. Parsi Goenka was siding with Parsi Nusli Wadia the owner of Bombay Dyeing. I still remember Jethmalani's questions. Jethmalani had traced where Amitabh's children studied. Abhishek Bachchan was studying in Aiglon Villars in Switzerland. Their school fees and how Amitabh could afford such foreign exchange was a question. Another day a photo of Ajitabh Bachchan's home in Switzerland was splashed on the front pages with its price tag. Again a question of how Amitabh and his brother Ajitabh could afford it. The not so subtle innuendo was that Amitabh had siphoned Bofors kickbacks. This was vintage Jethmalani. As 17 year old little could I appreciate that much of what he did was invasion of privacy, sheer tabloid journalism, neither of which are hallmarks of a criminal lawyer who was so brilliant that he got a special permission to practice law at 18.

Today Jethmalani is a hero in Tamil Nadu for playing, what is portrayed as, lead role in getting a stay from Madras High Court against the hanging sentence for the Rajiv assassination convicts. The other two lawyers were Colin Gonsalves and R.Vaigai. Both Colin and Vaigai come with impeccable credentials. Vaigai, the only Tamil in the defense panel, is spearheading a forum to hold the judiciary accountable. Vaigai is instrumental in the impeachment proceedings against Justice Dinakaran. Colin an IIT graduate turned to become Law student to fight for human rights.

At the outset let me state categorically that I've nothing against a death row person availing every single legal avenue  to prove his/her innocence. That said I am completely repelled by the obnoxious mob mentality. This whole circus is riddled with contradictions and hypocrasies. Most who support the trio were acerbic critics of Anna Hazare's protests. Every criticism they unfairly flung at Anna is now completely true of this so called 'people's sentiment'.

When Anna commended Narendra Modi the secular brigade pounced on him and tore him to shreds. Today we have Ram Jethmalani an ex-BJP minister as defense counsel. If BJP as opposition party takes advantage of Anna's protest Anna becomes guilty by association. Yet not a murmur about this BJP cadre who is defending the darling trio. The flag waving and shouting of 'Bharat Mata ki jai" were decried as nationalism that borders on chauvinism. Today I am told that any Tamil who opposes clemency for the trio ceases to be a Tamil. Anna Hazare was mostly upbraided by so called intellectuals as blackmailing the government. Anna's protest was censured as unconstitutional. This is where the hypocrisy touches a nadir. Today the protests seeking clemency are anything but non-violent or constitutional.

Watch this video below

These are called students. If this is called civil protest I just lost my dictionary. As I was narrating the High Court order to my dad he surprised me by asking "Why Jethmalani and Colin, why do they keep running to North Indian lawyers, could they not find good lawyers in Tamil Nadu". Note, that self-styled leader of Tamil language and custodian of Tamil diaspora Karunanidhi begged Jethmalani to appear in person for his daughter's bail plea. I was mulling over the choice of lawyers and wondering could not Tamil Nadu's law colleges produce good lawyers. Then I remembered the Madras Law College student violence when a student was beaten to pulp. Have we forgotten how lawyers acted like hooligans in High Court. The Sri Krishna committee report gave a scalding picture of lawyers who were practically lawbreakers. From this cesspool people like Vaigai are rarity to flower. One blogger rants against North Indians for not joining the chorus and instead questioning the propriety of the circus. Little does he realise that his trio owes their grace period to North Indians.

Another irony is that most who decry the judicial process today were the ones who were gloating over the humiliation suffered by Jaya in the uniform syllabus shenanigans. Thanks to that ruling today students read a history textbook that has a section titled "achievement of Hitler". Those who gloated then now find the shoe on the other foot. Jaya who is still smarting from that humiliation hesitated to question the Supreme court ruling or take any action that would invite potential wrath of SC. Finally she caved in. The TN assembly resolution is not worth the paper its written on and sets a very dangerous precedent for mob rule in questions of law. When Tamils get angry that Delhi called the resolution "not binding" and threaten secession they should remember that Salman Kurshid was merely acting constitutional.

The most shameful hypocrisy was Perarivalan's own clemency petition. He says as 19 year old he was attracted to EVR's ideology and that he supported 'anti-Brahminism". Then without batting an eyelid he cites V.R.Krishna Iyer's letter in support of his clemency petition. Today DK partisans refer to Krishna Iyer with reverence "noted legal luminary Krishna Iyer 'himself'..". If Krishna Iyer had said anything different these guys would not hesitate to lynch him and deride him with obscene epithets referring to Krishna Iyer's caste. Every time I think one cannot go further down in hypocrisy these guys show me a new nadir. By the way I wonder what makes a 19 year old boy hate an ethnic community. Maybe, as Karunanidhi wrote recently, if released he might he lead a 'reformed' life. Karunanidhi did not realise that that statement implies guilt, a fact violently disputed by his idolaters. R.Vaigai, daughter of noted communist leader P.Ramamurthy hails from a Brahmin family. I do hope Perarivalan gets released and realises to whom he owes his life to.

The most heinous hypocrisy is concerning Rajiv himself. I am yet to hear from anyone who supports the trio as innocent voice any remorse over the gruesome murder of a man. All this love for humane punishment is basically bollocks. I see tweets about how Rajiv turned a blind eye to the Sikh genocide. Yes it was shameful. But that does not mean his killing can be justified. The hypocrisy is even more cutting when one notes that none of these people called Rajiv shameful at that time for that. It was just Sikhs being killed in far off Delhi. One commentator made a chilling observation that because Rajiv was North Indian Tamils are keen to overlook his killing and shamelessly ask for clemency beyond the purview of law. Let me reiterate that I do not grudge any redress within the confines of the law. There are many valid grounds for questioning how justice was dispensed with.

Ram Jethmalani appearing for Kanimozhi cited her gender as reason to be enlarged on bail. Today Jethmalani adds that courts should listen  to people's voice. Jethmalani has gone senile. Every associate of Anna Hazare was brought under a microscope for any dirty linen to be discovered. Arundhati's article citing Ford Foundation funding for Kejriwal was widely circulated and tweeted.  Here is Jethmalani who earned the reputation of being "smugglers lawyer". Barring a few publicity seeking cases like Kehar Singh his clientele reads like a rogues gallery. Haji Mastan, Harshad Mehta, Ketan Parekh etc. The worst charade of Jethmalani was his U-turn of Afzal Guru. After having defended Guru saying he did not get a fair trial Jethmalani did a U-turn when he needed a BJP seat. In chilling words Jethmalani declared "What I had said was that such indoctrinated elements (like Afzal) shouldn’t be allowed to die easily, but they should made to rot in jails,” .  All for a Rajya Sabha ticket. If Jethmalani had appeared for the prosecution all this dirty laundry would be shouted from the rooftops by my Dravidian brethren.

When Arjun Singh, in a naked attempt to upstage Manmohan, implemented Mandal in IIT's it raised furore on both sides of the aisle. Those for it shrieked "what is sacred about IIT, do we need islands of excellence", "what is excellence after all, who decides it", "merit is a bogey". Today its IIT-ian Colin Gonsalves who is called for defense. After all did not V.P. Singh come scurrying to Memorial Sloan Kettering after proudly announcing the first Mandal doctor in AIIMS. Karunanidhi once acidly asked "what good is education" and then sent Maran to Houston. Dont we know these scumbags.

After surveying the endless list of hypocrisies I feel like asking, "at long last, Sir, have you no decency".

Tuesday, August 30, 2011

The Rajiv Killers and The Death Penalty Debate

Michel Foucault in "Discipline and Punish:The Birth of the Prison" recounts in grisly detail the execution of Damiens, convicted of regicide, on March 2nd 1757. Torture is a mild word. Reading the details would churn our stomachs. A sample. "the flesh will be torn from his breasts, arms, thighs and calves with red hot pincers, his right hand burned with sulphur, and, on those places where the flesh will be torn away, poured molten lead". The details continue for three pages.  US constitution prohibits "cruel and unusual punishment". The journey towards that is a mark of civilization and it comes to a head on a pivotal question of what to do with a heinous criminal? What is just and humane punishment?

What are we to do with a killer who kills a defenseless child in the most gruesome manner? Can any parent forgive such a criminal? What are we to do with a Timothy McVeigh, executed for Oklohoma city bombing, whose intent was to kill innocent people including children? What are we to do with Satwant  Singh and Beant Singh who mercilessly unloaded several rounds of ammunition on an unarmed woman who had entrusted her own safety to them? What are we to do when a supposedly innocent Kehar Singh gets executed along with Satwant Singh?

Whether its US or India death penalty is not handed down lightly. Its reserved for the rarest of the rare cases and where the guilt has been proven beyond reasonable doubt. Recently all of USA was riveted watching the Casey Anthony murder case involving a mom accused of killing her two year old child. The jury came to a gut wrenching decision that Casey's guilt was not proved beyond doubt. Casey was acquitted, like O.J.Simpson, on all counts. The last time death penalty received wide notice in India was when a rapist who killed a child was hanged in Calcutta. Note, that none of the objectors today in Tamil Nadu voiced any note of protest other than the usual protests by liberals.

The case involving Perarivalan, Santhan and Murugan has come to a climax after 21 years. 21 years ago Rajiv Gandhi, ex-PM and possible next PM of India, was murdered gruesomely by LTTE thugs. Without going into conspiracy theories around who else was involved lets just say that the key murderers are all dead (Sivarasan, Subha, Thanu, Pottu Amman and Prabakaran himself). As the murder trial wound its way to the Supreme court finally 4 were sentenced to death. To add drama one pair, Nalini and Murugan, gave birth to a child in captivity. Both were sentenced to death. This created ripples amongst legal circles and human rights activists. The Indian state faced prospect of 'creating' an orphan. Sonia Gandhi and her children out of great magnanimity decided to pardon the mother. When Nalini filed her mercy petition thanks to Sonia's forgiveness it was accepted. The remaining three petitions, as per then CM Karunanidhi's cabinet decision, was rejected. 

Neither me nor anybody other than those connected directly with the trial can say with any certainty about the merits of the case. However we all opine from what we learn through media reports, online sources etc. With that background one can safely conclude that Perarivalan, especially, had a very tangential role if at all. As is usual in India he was tortured mercilessly and made to sign papers. Arrested as a 19 year old he has languished in prison for 21 years. As a 40 year old he now faces the gallows on Sep 9th unless the High Court gives him reprieve tomorrow. Even if one were to ignore the confessions procured by torture and accepts his guilt his crime does not befit the punishment. He stands on par with Kehar Singh who was accused of being a co-conspirator in the Indira assassination case. Santhan's case appears to be more confused involving mistaken identity. Essentially in both of their cases their guilt is very circumstantial at best and at worst fabricated by the police. Seen either way it would be a gross miscarriage of justice to send them to the gallows.

The case against Nalini and Murugan appears to be more genuine. This is reflected in the current agitations clamoring for the release or commutation of death sentence for the trio. Most arguments start off with Perarivalan's coerced confessions, muddled proofs of Santhan and then reluctantly proceeds to include Murugan. When the arguments come to Murugan they take on more specious tones. That he has spent 21 years in prison is cited as punishment enough. That he was at worst an unsuspecting collaborator is promoted. Finally now his daughter has released a message from London pleading for clemency. This is where I break off with the so called Tamil enthusiasts. I don't know though what enthusiasm for Tamil has got to do with addressing evaluations of guilt in a gruesome murder. But then this is Tamil Nadu.

As for the clemency reason for Nalini I find it repugnant. She and her paramour Murugan (I am not sure if they were wedded at that time) decided to take part in a conspiracy to murder a high value target, here I am giving credence to the theory, for the sake of argument, that they are unsuspecting accomplices. In the midst of that they enjoyed marital bliss and Nalini got pregnant. They did not think of their child. The murder they helped orchestrate killed 10+ innocent bystander including an innocent Rajiv Gandhi. Today that child's plea for clemency is doing the rounds on the web. Has anybody thought about the children of the victims who were dirt poor themselves. Nalini's daughter is being educated in London today. Does anybody even know the names of the children of the victims other than Priyanka and Rahul? The case of Julius and Ethel Rosenberg is pertinent to cite here. They were convicted of espionage in the most notorious trial in USA. Both, parents to small children, were sentenced to death. The children were later raised as orphans. Very tragic. Very sad BUT who is to be blamed here? If Murugan had a role to play he should be prosecuted. The death penalty should be carefully weighed depending on the crucial question of whether he was central to the conspiracy or an unwitting accomplice. On that score he should be spared and sentenced to life imprisonment. This is my second breaking point with the agitators.

Amongst the scores of protesters these sentences are now portrayed as some act by North Indians against innocent Tamils. That the rest of India is nonchalant about Sep 9th angers many a Tamil chauvinist. I remember how Ram Jethmalani used to scream about Kehar Singh's innocence in Indian Express. I don't remember any Tamil leader or activist writing anything against death penalty then. In a country like India there are very few issues that assume a pan-Indian quality and evoke a nationwide response. Also let me note here that when Mumbai was ripped by bomb blasts in 1993 Tamil Nadu was tranquil as if Mumbai was on a different planet.

Another relevant but very irritating point is the kind of  people who now pontificate about how death penalty is state sanctioned murder and how that is pure vengeance, not justice. A good majority of these newly minted anti-death-penalty protesters are unabashed, unapologetic worshippers of Prabakaran. Even now they refuse to acknowledge the reign of terror unleashed by Prabakaran against his opponents, Tamils and Sinhalese alike. Rajiv Gandhi, Premadasa, Amirthalingam, Alfred Duraiappa, Sabarathinam, Mathiah and an endless list of people were killed in cold blood. In a final shameful act of megalomania he held his own Tamil brethren as human shields and mercilessly ordered his cadre to mow down the fleeing people in the final days of 2009 war. Yet we never heard a squeak of protest from any of these peaceniks.

The arguments furthered by anti-death-penalty protesters are specious at best and at worst downright silly. One could always trust the redoubtable Subavee (an ex-TADA detainee) to provide some entertaining fodder. I always check viduthalai.com (DK media) for news like this. Subavee in his smooth voice with a befriending smile offers an analogy. Subavee reasons that Indian law does not cut off the hand of an assailant just because the assailant had cut off the hand of a victim. Put simply law does not promote 'eye for an eye'. He reasons, therefore death penalty is barbarous since its vengeance seeking. The logic holds good on surface.



In USA, unlike India, the kin of victims can request to witness an execution of the convict. When Timothy McVeigh was executed the kin of a victim observed "I had to see it to convince myself that this monster is dead". Yes, there is a primal, sort of tribal even, instinct in this. Of course there is an element of vengeance. But its a much needed catharsis for the victims. However what Subavee fails to note is that as much as retribution in like is not practiced for other crimes death sentence also is NOT offered to every murderer. Death sentence is not given just because a life is lost. It is reserved for the most heinous acts.

When Godse had to be sentenced the question of the appropriateness of death sentence in a country that pays fealty to Gandhi was discussed intensely. Would Gandhi have pardoned Godse? It makes for good parlor discussion, like would Christ pardon Judas? This is the world we live in. There are monsters in this world. Recently the death penalty invited attention during the Afzal Guru case. Yet another case where the evidence is either circumstantial or practically foisted. Afzal Guru is sentenced to death in the Dec 2001attack on Indian parliament. Afzal Guru, being Muslim, attracted to his defense every self appointed custodian of Muslim interests in India, starting with, who else, Arundhathi Roy and our own Subavee. Subavee, for once is honest, in this video when he narrates how a Muslim organization that invited him to speak on behalf Afzal Guru later backtracked when Subavee asked them to join in abolishing death penalty altogether. Subavee, with a smile, says that the reason was simple, Middle east Islamic states practice death penalty very crudely.

The only valid argument against death penalty is that if a mistake happens its irrevocable. That said I don't consider the Indian form of 'life sentence', 9 years+, as sufficient punishment. The case of Megan Kanka in New Jersey is pertinent here. Megan, a 7 year old child, was molested and killed by her neighbor Jesse Timmendequas. Jesse was sentenced to die. While Jesse waited on death row New Jersey abolished death sentence. Jesse's sentence was commuted to life without parole. Jesse will never see the outside world.

A certain hypocrisy runs through this clamor for releasing the trio. I've not read or heard any Tamil columnist or opinion maker, including the current crop of bloggers, voice anything about death penalty so far. Today when a fellow traveler is indicted everyone is jumping up to action.

Most of these protesters, not coincidentally, were against Anna Hazare's protests and called Anna a blackmailer for compelling the parliament to enact his bill. Anna was advised to stick to constitutional methods. Today these protests are the result of people disliking what constitutional process has produced. The protests, rail roko etc, are patently unconstitutional and are nakedly blackmailing the government.

Calling a 19 year old girl's self-immolation as "courage" is shameful. Senkodi's act is a gross injustice to her parents. Tamil Nadu, thanks to Dravidian politics, has encouraged such stupidities. Leaders regularly commend such acts, reward the families. When would people learn that such acts get nothing. No leader or leader's kith and kin commit self immolation. Vaiko swore on the ashes of his cadre who committed self immolation that he would never align with DMK. Anbazhgan and MK extolled those who committed self immolation during anti-Hindi agitation. Needless to say what their children learnt.

In their zeal to release the trio most are rushing hither and thither like a blinded cyclops. The real issue is the rotten state of courts in India. That it took 11 years to adjudicate a mercy petition is grossly inhuman. That statements procured by torture and lapsed laws (TADA) were admitted in a court of law says much about Indian jurisprudence. Kehar Singh, Afzal Guru, Perarivalan are sad reminders of how justice is dispensed. I'd rather have the courts open a re-trial, conduct it expeditiously and transparently and free them without an iota of doubt. That's more honor to the wrongly convicted. These protests should be more for justice to be done not asking for mercy.

Let justice prevail.

Sunday, November 30, 2008

V.P.Singh -- Feet of Clay (1931 - 2008)

Vishwanath Pratap Singh (25 June 1931 - 27 November 2008), V.P.Singh, could not have chosen a worse moment to pass into oblivion. He died as a nation watched, benumbed, the unfolding terror drama in Mumbai, his death was practically unsung and unnoticed barring the unavoidable mention in a 1 column obituary and some belated editorials.

V.P.Singh had a reputation for unassailable integrity that Rajiv Gandhi, now middle-class hero and press darling christened 'Mr Clean', inducted him as Finance ministry. The budgets drawn by V.P.Singh were hailed the best after C.D.Deshmukh, the license-permit raj was dismantled block by block. However it was his "raid-raj" that catapulted him to fame or notoriety depending on how libertarian you are. Those were heady days of scandal. The irascible editor of Indian Express, Ram Nath Goenka, along with his crusading editor Arun Shourie and accountant Gurumurthy, formed a troika of tormentors of India's most powerful businessman Dhirubhai Ambani. Into this rich cast of backdrop V.P.Singh walked tall and fearless throwing the book at every erring businessman, finally shocking everyone by arresting much respected octogenarian S.L.Kirloskar. In a country where the law is structured in such a way that no one can be completely law abiding this was seen as sheer arrogance. Kirloskar's business empire employed thousands, created a town and finally but for India's laws would have been India's own Toyota (India:Midnight to millenium , Shashi Tharoor).

At a convenient moment Singh was transferred to the defence ministry. Indian army headed by much acclaimed Gen K.Sunderji had organised the then largest defence exercise "Operation Brasstacks", Pakistan was rattled and a game of brinkmanship ensued. In a nation of illiterates the sory of corruption, long accepted as the norm, broke to the front pages of newspapers about buying a cannon for the army. Rajiv, now erstwhile Mr Clean indulged in chicanery and political skullduggery that alienated just about everyone. Raids on Indian express, leaked reports of diaries of arms dealers, not a day went without something sensational. Rajiv finally dismissed Singh.

Discarded Singh became the reluctant messiah, the new Mr Clean. A by-election in Allahabad became a national event. Allahabad, ancestral town of Nehru's, carried a emotional quotient. Rajiv went all out, he had money, the government was his, no trick was too low to indulge. Arun Goyal, who portrayed Rama in Ramayan, appeared in full costume at Congress rallies and assured everyone of Rama's blessings if they voted for Congress candidate, Anil Shastri, son of Lal Bahadur Shastri who in turn was Singh's mentor. Not even the Bard could have written up such a political drama with Oedipal overtones. Singh, penniless, campaigned on a motorcycle and trounced Anil Shastri with over a lakh of votes difference. The political re-alignment that changed India forever began that night.

Singh and an unlikely motley crew of politicians with not much in common went from one large alliance after another, Jan Morcha, Janata Dal and finally "National Front" in 1988. The country was seething with dissatisfaction at Rajiv. Drama, again, was not in short supply. Jethmalani's "10 questions a day", nationwide raid on Indian Express, expose after expose in The Hindu on Bofors, forgeries done to discredit V.P.Singh were exposed, en-masse resignations from Lok Sabha (idea of filmstar turned politician N.T.RamaRao), Opinion polls made psephology the new in-thing in extremely disorganised Indian journalism, Arun Shourie and his ilk became household names, India was cauldron to put it mildly.

The nation faced an election. V.P.Singh was now the media darling, the new Mr.Clean, the new middle-class hero. There he was, an ill financed politician tearing down India's most venerated political clan traveling on the pillion of a motorcycle holding panchayat style meetings. He would ask the crowd "bekari me unka license" (Rajiv's license on unemployment referring to rising unemployment and a clever pun on Indira's slogan 'bekari hatao' - Unemployment get out). The crowd roared back lustily "radd radd" (cancelled), a beaming V.P.Singh would thank "Faisala ho gaya" (Judgment given) and move on. India Today predicted that Rajiv would get 195 MP's compared to 450+ MP's in 1984. The prediction was on target. Prannoy Roy and his stylish crew brought live telecast of election to Indian drawing rooms.

The nation was in disarray, hung parliament became a new word to learn. Rajiv, in a moment of grace, chose to sit in the opposition benches though he could have technically staked claim to form government as the single largest party. V.P.Singh became the PM with an extremely dramatic background leading to his nomination. A little known rustic from Haryana, Devi Lal, was named Deputy Prime Minister. Now it was V.P.Singh's turn to show his feet of clay.

The government lurched from one crisis to another, mostly courtesy Devi Lal and his son Om Prakash Chautala. The Meham by election, "Mayhem in Meham", was sheer embarassment, Chautala though assured of victory went all out to make it impressive and indulged in booth capturing on an unprecedented scale. V.P.Singh went on live TV to hold a press conference (the first and last by an Indian PM as far as I know), he was grilled by 20-something reporters. Finally after having had enough Devi Lal was dismissed. He responded by holding a rally in Delhi with thousands carted in from Haryana. L.K.Advani meanwhile was doing his best to tear asunder the country with his rath yatra (he now says it was Pramod Mahajan's idea). After much dithering Singh had Advani arrested. Advani withdrew his support to Singh's government.

In a final act of desperation that came to characterise his tenure Singh announced the implementation of "Mandal" report giving 27% of seats in all educational instituitions to so called "OBC's" (other Backward classes). OBC's, naturally hailed him as messiah. Violent protests erupted across the country, spearheaded by SC/ST's who saw these OBC (which had rich Thakur's, Yadav's, Patels etc) as oppressors. True to form who is "backward" or how is "backwardness" defined were all left conveniently ambiguous. Anybody born into the right caste could now claim to be backward not withstanding their political clout (Yadavs and Thakurs) or individual economic well being. CHildren of chief ministers and ministers were "backward".

Singh had no way of surviving politically yet he indulged in rank oppurtunism cloaking himself in the mantle of "social justice". He was voted out of power. In whatever decency that was left in him he made a mark by putting the no-confidence motion to vote on the floor of the parliament refusing a horse trade.

Out of power, Singh later exulted when AIIMS had its first candidate under Mandal. By now he was diagnosed with Leukemia and was being treated in Memorial Sloan Kettering, USA while less fortunate Indians got treated by Mandal doctors. He finally died at Apollo, a plush private hospital, some Social Justice that was.




http://en.wikipedia.org/wiki/S._L._Kirloskar

Obituary in Business Standard
http://www.business-standard.com/india/news/editorialbundlecontradictions/01/31/341687/