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Showing posts with label Elections. Show all posts
Showing posts with label Elections. Show all posts

01 November, 2010

Left on the decline

BRP Bhaskar
Gulf Today

The Left-wing parties which wield power in three states in India are going downhill. The Communist Party of India-Marxist, which leads the pack, was routed in local self-government elections in Kerala last week. It had received a severe drubbing in the municipal elections in West Bengal in May.

The Left Front, headed by the CPI-M, has ruled West Bengal continuously for more than three decades, setting a record. The Left Democratic Front, also led by it, has been voted to office in Kerala in alternate elections for as long.

Coming after the heavy losses in last year’s parliamentary poll, the reverses in the local elections are a major setback for the CPI-M as it prepares for the Assembly elections, due next year, in the two states. The other Left parties count for little.

The CPI-M has established procedures for evaluation of its performance, identification of mistakes and initiation of remedial action. However, the time available to it to take corrective measures and avoid a third successive reverse is too short.

Lately, the corrective system has not been functioning well. The party’s state and central committees had conducted mandatory reviews after the Lok Sabha poll but no meaningful measures ensued.

When the country gained freedom in 1947, the Communist Party of India was committed to a policy of violent revolution but it participated in the elections. In the first national elections on adult franchise, held in 1952, it emerged as the largest opposition group in the Lok Sabha, winning more seats than the Socialist Party which polled more votes.

Five years later, the world sat up and took notice as the CPI formed the government in Kerala. That was the first time Communists had come to power through the ballot box anywhere. The government, sadly, was short-lived. The Centre dismissed it in 1959 as violent protests against land and educational reforms initiated by it swept the state.

Despite the rude experience, the CPI remained on the parliamentary path. When the party split in two in the wake of the rift in the international communist movement both the factions continued along the same course. Although communist influence in the country shrank, the CPI-M outpaced the parent body and emerged as the strongest political formation in West Bengal, Kerala and Tripura.

In all these states the CPI-M is now facing a problem which other parties that are a part of the power structure have faced before. It is problem resulting from prolonged exposure to and involvement in power politics. As a party with an assured place in the ruling Establishment it tends to attract those seeking political power more than those wanting social and economic changes.

Party documents show that it is losing long-term cadres who are not interested in the loaves of office. The annual dropout rate has been above 10 per cent in Kerala for some year. It is one of several states where more than 40 per cent of the party members are comparative newcomers.

Elections are a costly process. In a five-year period, parties now face three separate elections — one to the Lok Sabha, another to the Assembly and the third to the local bodies. At one time the CPI-M could proudly say it relied entirely on small contributions from the poor. Material that surfaced in the recent past indicates that the Kerala party has benefited from the munificence of some businessmen with dubious backgrounds.

The absence of charismatic leaders like EMS Namboodiripad and Jyoti Basu, who had led the party in Kerala and West Bengal along the parliamentary path in the early years, is a major handicap for the CPI-M in facing today’s challenges. To make things worse, the central leadership is in the hands of persons with little grassroots level political experience.

Under former general secretary Harkishen Singh Surjeet, the CPI-M had carved out a place for itself in national politics by acting as a catalyst in the formation of non-Congress governments when elections threw up a hung parliament. His successor, Prakash Karat, helped in the formation of the last Congress-led United Progressive Alliance government and the party was able to influence its working to some extent.

Karat’s attempt to bring down the UPA government on the issue of the civilian nuclear agreement with the United States backfired. His effort to put together a non-Congress, non-Bharatiya Janata Party alternative in advance of the 2009 Lok Sabha elections also failed. The party needs a win in the Assembly elections to retain its relevance at the national level.--Gulf Today, Sharjah, November 1, 2010.

29 January, 2010

Sri Lanka's capacity to hold free and fair elections in doubt

BASIL FERNANDO

On the 26th January the election for the position of Executive President was held in Sri Lanka and the election commissioner declared the incumbent president, Mahinda Rajapakse, as the winner. The common candidate for the opposition, retired general Sarath Fonseka, rejected the results stating that the announced results were false due to the prevalence of violence, electoral fraud and tampering of the counting process itself. The commissioner while announcing the results to the nation in a televised message stated in strong terms that he was subjected to severe pressure and humiliation to an extent that he was unable to bear it any longer. All commentaries on the election commissioner’s speech interpreted it to indicate that he was not satisfied with the conditions under which he had to carry out his duties in conducting the election in a free and fair manner.

Very clearly, the question as to whether Sri Lanka is any longer capable of conducting a free and fair election has been raised in this election. It is not only the electoral process that is under challenge but the very process of receiving, preserving and counting of the ballot at the commissioner’s office itself which is the issue that has been prominently raised. Besides this, the enormous abuse of state resources by the government for its electoral purposes and particularly the blatant abuse of the state media for direct propaganda to request people not to vote for the opposition candidate, in defiance of the commissioner’s direct interventions, have all contributed to the creation of the overwhelming impression that the conditions for a free and fair election were not observed during this election.

The problem of the difficulties in ensuring a free and fair election was recognised previously. In 2001 the amendment to the Sri Lankan Constitution of 1978 was passed in the parliament with rare unanimity which, among other things, created a Constitutional Council in order to ensure proper appointments to several important public institutions with the view to preserve professionalism in the government service. This was the result of a widely held realisation that political interference which had crept into the public service since the introduction of the executive presidential system in 1978 has contributed to the deterioration of standards in all public services and this deterioration was referred to as ‘politicisation’. This simply meant direct interference by the executive president and his agents into the running of the public service to an extent to make it impossible for it to function professionally.

Among the institutions that were recognised as being polluted by ‘politicisation’ was also the department of the commissioner of elections. Under Article 3 of the Constitution an amendment was introduced regarding the election commissioner. Under this article it was legislated that ‘there shall be an election commission consisting of five members appointed by the president on the recommendation of the Constitutional Council, from among persons who have distinguished themselves in any profession or in the field of administration or education. The President shall on the recommendation of the Constitutional Council, appoint one member as its chair.’

The governments since 2001 have refused to comply with this constitutional provision. The present commissioner of elections who was appointed to the position before this amendment was passed reached his retirement age in 2002. However, as no election commission was appointed according to the new provision he had to continue in office due to the absence of a substitute. On several occasions he publically requested permission to retire and as there was no satisfactory response from the government he even went before the court and sought permission to retire. The court refused his request on the basis that until a substitute was appointed under the constitutional provisions he had to remain in his post. Even the courts did not intervene to ensure that the government complied with the constitutional provision to appoint an election commission.

The failure on the part of the government to appoint an election commission consisting of five members nominated by the Constitutional Council has been perceived by all observers as a ploy to prevent the conduct of free and fair elections without political interference into the working of the election commissioner’s office. It was this situation which has led to the final outburst of the commissioner in which he voiced his frustrations to the entire nation in announcing the election result on the 27th January. Several of his comments are reproduced here due to their importance on any future discussion on this issue. (Translated from Sinhala by Roshan Fernando, quoted from Lanka Guardian).

"Under the empowerment of the Elections Commissioner as indicated in the 17th Amendment to the Constitution, I issued specific guidelines to the state media that were duly ignored. I then installed a Competent Authority for the state media who was completely disregarded. I then met the heads of state media but to no avail. I realized that this was a hopeless cause and so I had the Competent Authority removed.”

" I was able to note that during the election, many state institutions operated in a manner not befitting state organisations.”

"Some blamed me saying that my task was to ensure that the ballot boxes were safe and to ensure that the counting was done right. But under the circumstances I faced today, I could not even ensure the safety of even one ballot box. I did my duties during this time under great duress and mental agony.”

" I hereby state that the situation has reached a dangerous level that is beyond me. I am also advanced in years and have served in this capacity for eight long years so I only ask that I be released from this thankless duty.”

"It is impossible for me to work in peace under the circumstances – I am constantly under stress and find that I may fall sick and have to face consequences of such an illness.”

"Regional leaders harassed my team and I in several areas such as Puttalam, Anuradhapura, Matala Districts, they even bothered the counting centres. This is not a good trend. In fact, it reached an uncontrollable level of verbal abuse directed at Presiding Officers and Asst Elections Commissioners. “

"I have been accused of favouring one party in the process of carrying out my duties. I regret that it is no longer possible for me to suffer such indignity and insult – I am not able to do so physically or psychologically.”

Quite clearly, until the electorate is assured that the process of elections is not abused by violence, by the use of state resources in favour of the party in power, by the abuse of state media and without the tampering of the ballot in the process of receiving, preserving and counting at the commissioner’s office it would not be possible to create public confidence in a free and fair election. However, this cannot be done until a commission of elections is appointed in compliance with the 17th Amendment to the Constitution.

Basil Fernando is Executive Director of Asian Human Rights Commission, Hong Kong.

08 May, 2009

A stable government from a hung Parliament

Dr. Satinath Choudhary
Countercurrents.org

Under our current system of forming government from winning party or coalition, undesirable give and take start right from the beginning. Even when there is a clear-cut leader as the new Prime Minister (PM) of a party with clear-cut absolute majority, s/he has to distribute government’s departments to leaders of various factions of his or her party, primarily on the basis of factors like how many MPs support him or her, or his/her seniority, or his or her loyalty or sycophancy or relationship to the PM designate or one of the political bosses. Expertise of the MPs comes into consideration last, if at all. When the new PM emerges from “negotiations” among the leading factions of the party with absolute majority or from negotiations among leaders of a winning coalition, “quid pro quo” also enters into the process of making new government as one of the prime factors mentioned above. Even the qualifications of most of the IAS officers at the top of various departments are generally not really well matched against the requirements of those departments, as they are not chosen on the basis of their expertise. They all seem to function more or less as highly paid clerks pushing files, without really much of understanding or attachment to the subject matter they are dealing with. It should not be surprising why we continue to languish as one of poorest countries in the world.

In this regard it will be better to emulate the US system of appointments made by the elected executives. Even without proper or the best electoral system, people with integrity and dedication appear to be known and recognized as such in various regions. It will be too difficult for the “top executive(s)” to assemble a suitable mix of experts, well balanced in gender, social and regional segments, with integrity and dedication appropriately matched against requirements of various departments. For this purpose they may be given a couple of months like the US designate gets for searching and vetting suitable candidates for all positions. They should be able to find such people from the pool of retired or active IAS, IPS, IFS officers, academia, NGOs, engineers, doctors, lawyers, social workers, business people or persons engaged in private sector enterprise, no matter what field they have excelled in. There is a crying need to match people with proven expertise, experience, integrity, dedication and ability with requirements of various positions in governance of the country.

As for the top executive position, it will be better to follow the Swiss example of leadership of the government provided by a “collective of equals” rather than a single individual or a pyramidal structure with one sitting at the top. In Switzerland their National Assembly elects a group of seven individuals as members of their Federal Executive Council (FEC), with equal power vested in all of them, as described underneath. (By the way, experts in group interaction suggest a size of 5-12 for efficiency and diversity of opinions.) The FEC has a rotating chair, picked every year on the basis of seniority. However, the Chair (who doubles as Chancellor of the country) is not supposed to have any more power than others, except for the privilege of chairing their meetings and representing the country in the international arena. The FEC is elected, subject to two kinds of proportionality: (1) wrt (with respect to) linguistic demography of the country and (2) wrt party strength.

In keeping with the proportionality wrt linguistic demography, they allocate one out of the seven FEC seats (accounting of 14% of FEC’s share of power) to an MP (member of parliament) with Italian mother tongue (who constitute about 4% of the Swiss citizen); they allocate two out of the seven FEC seats (accounting for 28%) to MPs with French mother tongue (who constitute about 20% of the Swiss population); and they allocate the remaining four out of seven FEC seats (accounting for about 57%) to MPs with German mother tongue (Germans who constitute about 75% of the Swiss population).

The Swiss have been using the above formula of power sharing among their linguistic demography since mid-nineteenth century when they formed their current constitution. Needless to say, in the formation of their FEC, they use proportionality wrt party strength as well. To satisfy proportionality wrt party strengths, since mid twentieth century the Swiss have been using what they call the “magic rule” of picking two MPs from their three largest parties and one MP from the party fourth in strength. Together, these four parties generally constitute 70-80% of the National Assembly. The FEC members divide various departments among themselves in seven clusters. However, they meet every week to discuss important policy matters and they decide everything by consensus.

Indian High Courts and Supreme Court and ECI (Election Commission of India) give us further justification for a government led by a collective or equals. In case of important decisions by a court, they create a multi-member bench with “equal” members. Even in the Election Commission of India, the three commissioners are supposed to function as equals in deciding various knotty issues they are faced with in the process of conducting elections. Under equality clause, any member of the group can’t act as an autocrat. This is even more important when running the affairs of a country or state. Temptation to act as a dictator is too much.

In the presence of more than one person gifted with eloquence, imagination, dedication, integrity and other leadership qualities and craving to be seen as a leader, why shouldn’t we enable all of them to be in the leadership position? Why does it have to be just one that must lead and the rest be losers or follow the diktat of the winner? With collective leadership of equals the leaders will always have to be logical and persuasive enough to garner support, at least of majority in the group. Collective leadership will not only ensure greater democracy, social justice, transparency, integrity and stability, it will also ensure continued longer duration of leadership of individuals gifted with leadership qualities. We need a structure wherein top leaders, instead of fighting and knocking each other off, are able to join hands in providing people with better life. The collective leadership in the form of Prime Ministerial Collective (PMC) should be formally elected by the parliament, rather than gathered on the basis of quid pro quo among the top leaders of one or more parties, leading to formal coronation of a single person as a sort of monarch of the country. At best, a single person at the top of a ruling hierarchy may be called a democratically elected autocrat, however, s/he is nothing but an autocrat, and s/he becomes obliged to behave as an autocrat. A suitable mode of electing a PMC is discussed in part-II of this article.

Part-II

From the arguments made in part-I of this article, it would be best for the winning coalition in India to elect something like a 12-member Prime Ministerial Council (PMC), with equal power vested in all its members, on the pattern of FET in Switzerland. However, on the pattern of USA, the PMC should be able to reach out and “select” individuals from all over the country to form HOD (head of department) collectives to head various government departments. The top members of the administration would have to be approved by the parliament on the US pattern. Even the next few layers near the top of the administration may be filled by PMC, as is done in the US. However, not having any provision in Indian constitution, for appointment of people from outside IAS, IPS, etc., into the administrative positions, they may have difficulty in collecting our administrators from all over the country.. In that case, until they have amended the constitution, they could just work with PMC directly taking care of various departments manned by usual bureaucrats.

Further, many MPs may not like the number of ministerial positions limited to 12-member PMC, as it reduces their chance of becoming a minister. In that case, we could continue the tradition of including around 10% of the MPs into government made parts of six 7-member collectives to head six departmental clusters. In the following, we would assume that the parliament would like to continue to have a total of 10% of its members (54 out of 543) in the government – 12 in PMC and the remaining 42 in six 7-member ministry-collectives.

We can easily devise ways of democratically “electing” 12 or 50 individuals to be included in the government. Here is how we can go about it. As for regional quotas, we could divide India into six regions and agree to include just two from each region into PMC, and one each into the six 7-member ministry-collectives. As for social quotas, (1) we could either maintain the current norm of about 15% quota for the SC, 7.5% for ST, leaving the rest for general category in the political arena. This would entail giving 1 of the 12 positions to an ST individual, 2 to SC individuals, and the rest to be filled by the general category. (2) We could additionally require at least 4 individuals to be from the women category towards fulfilling women’s quota. (3) If the parliament would like to be as egalitarian as possible, it could use quotas of 1 for ST, 2 SC, 2 LBC (Lower OBC), 2 UBC (Upper OBC), 2 UC (Upper Caste), 2 Muslims, 1 other.

On the pattern of Switzerland, ideally, we could have a national government without an official opposition party. However, in Switzerland, since Swiss election of December of 2007, they have decided to keep their far-right wing Swiss People’s Party (SVP) leader (Blocher), and hence, essentially SVP is an opposition party, outside of Swiss government. In India too all secular parties could join hands and form a Grand-Secular-Coalition (GSC) to “share” power. If secular parties adopt this kind of power-sharing them, they would have little difficulty in forming a stable, democratic, progressive and transparent government.

In the GSC, they would have as much of regional and social quotas as the GSC would like. In addition, within the GSC, they should be able to form smaller coalitions of independent candidates and small parties, which, on their own, would not be able to win any seats in the ministry, as well as new parties within the larger parties for the sake of winning one or more seats in PMC, and in other ministry-collectives. Having formed new parties and coalitions within the GSC, the latter could hold an election for constituting PMC, and other ministry-collectives as outlined below, according to free-list-Proportional Representation (fl-PR) as described below.

Each of the MPs in the GSC may be given, say, five votes to cast, which they will be required to distribute to five different MPs of their choice. Each of them would probably cast one vote for themselves. However, their four other votes would determine popularity of various MPs in the GSC. Votes collected by individual candidates would be added to respective parties or coalition they are associated with. Party-quotas may then be computed in proportion to votes for each party or coalition to fill the 12-member PMC as well as each of the six 7-member ministry-collectives. Thereafter a master-list may be prepared listing all candidates in order of votes obtained by them, listing the largest vote getter at the top. Candidates off the top of the list may be declared elected as a member of PMC one by one. After each one is elected, notations will be made against the various quota categories (regional, social and party-quotas) being filled. As soon as a certain category-quota is filled, rest of the members belonging to that category will become ineligible to be picked for PMC membership. However, there may still be room for their category in one of the six 7-member ministry-collectives. In this fashion, all quotas of seats in PMC and various ministries will be filled.

In case of a governing structure led by PMC of equals formally elected by MPs, MPs left out of the governing structure can’t hold a grudge against any single person (like PM) for not being included in the ministry. This is likely to add to the relative stability of such a structure. We can add further stability to this kind of structure by requiring a super-majority of something like 67% for a no-confidence vote to be effective. There is less danger of such a structure led by PMC becoming dictatorial than a structure led by PM to be autocratic. The latter is already in an autocratic model (of having a single person at the top), while former is not. The additional stability will add to the separation of legislative body from the executive body, considered to be an essential ingredient for a good democracy.

The PMC may try to use consensus in coming to a decision on most important issues. In case of lack of consensus on the said issue in the PMC, they may refer the same to the parliament. Decision by a collective of equals would prevent autocratic rule and use of consensus would protect minority rights.

Much has been made out regarding likely instability of the government out of hung parliament or fractured or fragmented mandate, which can actually give us a better, fairer and even more stable democracy than the ones obtained from a single party majority, lopsided or otherwise. It can justifiably be argued that the governments that we had, so far, from 1990 to 2009, out of the hung parliaments were far better than the ones we would have had if the biggest party at those times had absolute majority in the parliament, during the same periods. The governments out of the hung parliament may prove to be even better, and more stable, extending them from term to term, election after election, if parliament were to follow prescriptions outlined in this article, no matter whether the parliament is hung or not.

Dr. Satinath Choudhary was formerly a professor of Computer Science in USA. He can be contacted at satichou2@yahoo.com

07 May, 2009

AHRC on task before the next government in India

The following is a statement issued by the Asian Human Rights Commission, Hong Kong:

India is about to complete the national general elections to the 15th Lok Sabha. The fifth and the last phase of the election is expected to be completed on 13 May. The results will be declared on 16 May.

Politics and its shallowness in India apart, any government that assumes office in the country after the elections will have to deal with an intellectually demanding and politically and administratively challenging environment. In addition to the external pressures emanating from the relative instability in the region, the new government will have to deal with myriad problems that are domestically rooted. Poverty, starvation, corruption of the bureaucracy, caste based discrimination and low intensity armed conflicts within the country are a few serious issues to be cited. These issues are serious enough, and the manner in which they are dealt with by the next government, will practically decide the destiny of the country for a long time to come.

Though in theory the country has a democratic framework within which these issues could be effectively addressed, governments, irrespective of their political colours, have considerably failed in dealing with these issues. For instance, no government that was in power during the past twenty years in India can find tenable excuses for not effectively addressing the pathetic state of living conditions of an estimated 456 million Indians who earn less than two dollars a day.

A third of the world's poor live in India. The national policies and the action plans formulated by the government have failed to bridge the gap between the rich and the poor. This is because, the implementation of government programmes were defeated by corruption in the administrative setup. The reality is, that the price of a kilogram of rice, intended for free distribution for the poor, by the time it reaches the beneficiary will be ten times costlier.

The increase in price is due to the bribes paid at various levels along the distribution chain, which the vendor at the customer-end, often a licensee, will meet by short-weighing or by denying the actual beneficiary the food grain and by selling it in the black-market. The regulatory framework that should monitor the proper distribution of rationed articles in the country does not function, owing to lack of proper investigation, prosecution and adjudication of this criminal activity. In this scenario, the real beneficiary of the government sponsored welfare programmes for the poor are the corrupt politicians and bureaucrats and the rich vendors.

Even if a criminal charge is made out, the courts in the country are so understaffed and ill-equipped to deal with the already existing cases that any additional workload makes no sense as a decision will have to wait for decades. Delay in justice delivery in India has rendered the justice system and the complaining process meaningless.

According to the Chief Justice of India, Justice K.G. Balakrishanan "the growing population, increasing awareness of rights and abiding confidence of the people in the judiciary saw a litigation boom which our judicial set up was not sufficiently equipped to handle." Underfunding of judiciary, the continuing neglect to improve the judicial infrastructure over the past decades, inordinate delays in filling up vacancies of the judges and a very low population-to-judge ratio are some of the major factors that require immediate attention to improve the performance of judiciary in the country.

During the Ninth and Tenth Plan, only 0.071percent and 0.078 percent of the total plan outlays were allocated for the judiciary. India spends a mere 0.2 percent of the gross national product on the judiciary. According to the 120th Law Commission Report, India's population-to-judge ratio is one of the lowest in the world with only 10 judges for every million of its population as compared to about 150 judges for the same number in the United States and Britain.

The non-functionality of the justice system owing mostly to the congestion in the judicial process has led to a situation in the country where disputes are sought to be settled outside the legal framework. Such settlements, have led to the emergence of parallel dispute resolution mechanisms outside the parameters of the accepted norms of justice and the rule of law. The vacuum created by the absence of the rule of law, is occupied by the advocates of violence. In rural India, this void is filled by armed movements, which have arguably a philosophical background of resistance struggles by the classical have-nots.

The government response to such movements is that of oppression and suppression. The Salwa Judum and similar state sponsored private militia that operate in at least three states in the country have practically eliminated a democratic space within which an armed resistance movement could have been permanently diffused and issues settled.

The government further contributed to the declining confidence of the ordinary people by irresponsibly resorting to the recruitment of Special Police Officers (SPO). The SPOs are ordinary civilians, armed and indoctrinated, literally to kill his or her neighbour. The creation of the SPOs and the Salwa Judum is a direct breach of the constitutional mandate of the state and the international human rights norms that India must follow and practice.

It is this same psyche that has to a large extent isolated the people living in the north-eastern states of India from the rest of the country. Instead of trying to resolve the legitimate issues related to identity, ethnicity and exploitation of natural resources of the people living in the north-eastern states, the government of India's response in dealing with the crisis in the north-eastern states was first of discrimination and exclusion and later of suppression by militarisation shrouded with statutory impunity.

A government that has not tried to objectively understand the root cause of the anti-state sentiment of a large section of its population does not have a right to expect settlement of disputes through dialogue. The case against the government is further demeaning given the fact that it has so far prevented even the free movement of journalists and human rights activists within the region.

While the government prevents foreign journalists and researchers from entering the region, it has not been able to contain the infiltration of foreign terrorists into the region. As of today, people living in these states, particularly in places like Assam and Manipur are caught between foreign and home-grown anti-democracy elements and paranoid government agencies.

Abduction for ransom, arbitrary execution and other forms of violence are daily events in Assam and Manipur. While the government apparatus is practically incapacitated to prevent human rights violations carried out by the anti-state elements, the state agencies operating in the region violate human rights of the people, particularly by resorting to the widespread practice of custodial torture.

The present government has in theory and principle decided to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In fact the government has initiated the preliminary steps for ratification of the Convention. Towards this end the government has already started drafting a Bill against the practice of torture. The Asian Human Rights Commission (AHRC) expects that the new government will continue the present government's effort in ratifying the Convention and criminalising the act of torture in the country.

Democracy only makes sense if it is visibly felt in a society. The opportunity to elect a government, though in itself is one of the foundation stones of democracy that alone cannot mature into a democratic state. A democratic state guarantees the rule of law. In a society governed by the rule of law, democratic institutions gain prominence when they provide an open space for dialogue and discourse. In such a society it is the government that must be afraid of its people.

A government that respects its people cannot be sabotaged by narrow minded politicians and disruptive ideologies. The AHRC expects that the peoples' mandate of the largest democracy in the world will reflect this sentiment and that the next government that assumes power in India will be honest to the constitutional promise it swears allegiance to when assuming office.

About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.

08 April, 2009

Communalism, Minority Identity and Secularism in the 2009 elections

CYNTHIA STEPHEN
Countercurrents.org

“Majorities are of two sorts: (1) communal majority and (2) political majority. A political majority is changeable in its class composition. A political majority grows. A communal majority is born. The admission to a political majority is open. The door to a communal majority is closed. The politics of political majority are free to all to make and unmake. The politics of communal majority are made by its own members born in it.” – Dr. B. R. Ambedkar.


These prophetic words are very relevant in today’s India. “The world’s largest democracy” prides itself on the fact that its voters are showing more and more maturity in the results the elections throw up. People-groups which have not hitherto played a major role in electoral alliances are beginning to gain importance and “rainbow coalitions” are the rule rather than the exception. A political majority is sought to be built to fight elections and gain power. But what is happening in the context of the communal majority?

For instance, the results of the recently Assembly elections in Jammu and Kashmir show up a glaring fault-line, one that Ambedkar refers to in the quotation. Never before had voters in J&K ever returned 10 BJP representatives to the assembly, all from Jammu. The divide between the Kashmir valley and Jammu was thrown into sharp relief. But the emotive issue which ended in such polarization, just before the election, was of the agitation on the issue of the allotment of land for amenities for pilgrims going to Amarnath. While the issue was communalized, the dividends were political. Gujarat is another clear case in point, as is a recent controversy: Varun Gandhi and his rabble-rousing speech which has been exploited both by the media and the BJP to maximum dramatic effect.

The birthing of India took place on the hopeful though tearful dawn of the 15th of August 1947, when British Imperialism conceived and delivered offspring which were almost like conjoined twins: torn apart into two on the basis of religious identity but held together by a shared trauma of birth, history, geography and blood-ties. It was an ominous portent. The two newly-born countries had a ruling class whose class-caste identities were clear and unambiguously elitist, but in India at least, their secular credentials were not under doubt. On 26th January 1950, and the founding dream of India: as a sovereign republican democracy – became a reality, not chiefly by the efforts of the Congressmen who had led the anti-colonial movement for India’s political freedom, but by the tireless efforts of one man, whose numerous contributions to his country was crowned by the singular effort to produce the Constitution of India: Dr. B R Ambedkar, head of the drafting committee of the Constituent Assembly. But as he presented to the nation the most important work of his life, he stated: “On the 26th January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality. In politics we will be recognising the principle of one man one vote and one vote one value. In our social and economic life, we shall by reason of our social and economic structure, continue to deny the principle of one man one value. How long shall we continue to live this life of contradictions? How long shall we continue to deny equality in our social and economic life? If we continue to deny it for long, we will do so only by putting our political democracy in peril. We must remove this contradiction at the earliest possible moment else those who suffer from inequality will blow up the structure of democracy which this Constituent Assembly has so laboriously built up.”

But now, in the India of the third millennium, equality continues to be denied, and contradictions abound. Communalism has taken the centre-stage, leaving its bloody footprints on the sands of the sixty-odd years of time that India has existed.

The Constitutional values of Equality and non-discrimination are the bedrock on which rests the edifice of rights and freedoms of Indian citizens. The Constitution recognizes, even celebrates, the diversity and plurality of the country and its citizens, and guarantees equality before the law to every citizen. But the very idea that our country is universally secular, democratic and plural in experience is problematic. It may be so for the privileged. But women, Dalits, children, Christians and Muslims, especially those belonging to the lower economic and social strata, and rural, forest, hill and desert-dwelling populations experience a different, harsher reality - of unrelenting exclusion, violence and deprivation.

But the spirit of Equality was violated by one of the earliest executive actions performed by the first President of India, Shri Rajendra Prasad. He signed the rank discriminatory Presidential Order 1950 in August that year, in which an apocryphal third paragraph was introduced, which effectively denied the benefits of reservations to members of the Scheduled castes who were Sikhs, Buddhists, Christians (and Muslims). This was modified in 1956 to include Sikhs in reservations and in 1990 to include Buddhists. And despite many assurances, recommendations and protests, the fact is that Christians and Muslims of Dalit origin continue to be denied the very amenities that are theirs by right. Thus the principle of nondiscrimination on the basis of religion which was embedded in the DNA of the Indian state, has been bypassed by this order, even though the order is against the spirit as well as the legal position of the Constitution, and there the matter continues to stand.

Thus, clearly, while the de jure position is that every citizen in the country is equal before law, the reality – the de facto position – is that the religious and other minorities in fact face systemic discrimination. The rule of the dominants, namely those who follow a Brahminical and casteist mode of life, prevails. Ironically, though this category is in a numerical minority, at best about 15% of the country’s population overall, they comprise an overwhelming majority in the government, the academic, the political sphere, the judiciary and the private sector. The very poor implementation of reservations at all levels in jobs and employment, barring the lowest or class D category – is testimony to the discriminatory nature of our society and policy. Thus even if the law provides proactive measures for development of those who are backward or poor, the ‘iron frame’ of privilege will work to exclude those who are eligible for the benefits and try to appropriate them for itself. And if about 40% of our population is below the poverty line, that is, too poor to afford survival-level food consumption – then we need to ask how representative, fair and democratic our political and social structure actually are.

The silver lining to this cloud is the consolidation of the lower castes, both in the political and educational spheres. This has brought fresh thinking and new talent to the fore, even if the persons concerned are inexperienced and less exposed to the nature of the establishment, and for that reason are better able to bring about much-needed changes in it. The impetus given by the Mandal Commission report to this process - and the backlash in the form of the “Kamandal” – the consolidation and mobilization of the saffron forces to counter this – has yet to be fully understood. The Mandal Commission evolved an index based on 11 indicators, subdivided into three categories – social, educational and economic – for the definition of the OBCs, and caste was not the sole criterion. Three of the indicators concerned caste, while the others referred to other impediments to the progress of the people group including early marriage – a barrier to education – and other criteria such as percentage of the caste who owned at least kuccha housing.

Christophe Jaffrelot, in his “India’s Silent Revolution: The rise of the low castes in North Indian politics” points out that the entire purpose of the exercise of the Commission was to give the OBCs access to power, not jobs. He quotes from the report – “ It is not at all our contention that by offering a few thousands jobs to OBC candidates we shall be able to make 52% of the Indian population as forward”. The report goes on to say that “an essential part of the battle against social backwardness is to be fought in the minds of the backward people. In India government service has always been looked upon as a symbol of prestige and power. By increasing the representation of OBCs in government services, we give them an immediate feeling of participation in the governance of this country. When a backward class candidate becomes a Collector or a Superintendent of Police, the material benefits accruing from his position are limited to the members of his family.. [B]ut the psychological spin off of this phenomenon is tremendous; the entire community of that backward class feels socially elevated. Even when no tangible benefits flow to the community at large the feeling that it now has its ‘own man’ in the ‘corridors of power’ acts as a morale booster.” The report further says “reservation will certainly erode the hold of the higher castes on the services.”

How is this relevant to the discourse on communalism? It has a very important bearing on the discourse, because before Mandal, conversion to “other” religions was an important, and often the only option for upward social mobility of disadvantaged groups. Thus India saw large-scale conversions at various times in the past to Islam, at a time in its history where Muslims were the ruling class, for example in Gujarat, Central India and in Bengal. Similarly the latter part of British rule in India, after the East India Company lost its hold on the affairs of the colonial project, and the Crown took over, saw a surge in the numbers of people from the untouchable and lower castes who became Christians because of a similar process – from being excluded from access to the corridors of power, they saw the virtues of becoming co-religionists of the ruling class so as to feel a sense of belonging and identity with the powers-that-be. Thus the conversion process, at least in the past, had a lot to do with the contemporary political processes.

In the present day, the rise in saffron assertion has closely paralleled the growth of the political aspirations of the lower castes following the Mandal Commission. The Sangh Parivar also kicked in around the same time with a thrust into the communities of the subalterns with their Vanvasi Kalyan, Ekal Vidyalayas, and the Bajrang Dal. Thus the threat perception of the ruling classes – that the processes unleashed by the Mandal Commission would succeed in subverting their hold on power – caused them to, on the one hand, reach out to the subaltern classes to build a constituency among them, and on the other, drive a wedge between the so-called “Hindus” and the Minorities by demonising them by harping “differences” between the minorities and the “Hindus”. The organizations using the name of Ram such as the Ram Sena are usually composed of the more dominant caste, thereby underscoring the inherent caste-class divide and power relations implied in the relationships (Hanuman – Bajrang Bali – the devotee of Lord Shri Ram).

As the wheels of Advani’s Rath rolled over the Indian landscape in the 1990s and subsequently, the power surge - Orissa, Chhatisgarh, MP, Bihar, Delhi - suggests a seemingly broad-based support for the RSS- sponsored communal agenda. But straws in the wind suggest that we have not yet seen the real face of Fascism. Bangar Laxman, Uma Bharathi and Kalyan Singh were all elevated to positions of power and later discarded, after their communities appeared to buy into the Parivar’s agenda. All of them were Dalits or BCs. Narendra Modi, though no one thinks of his caste, is also said to belong to a BC community – the Teli caste. He too has been used to do some major dirty work for the Parivar. Soon the time will come when he too will be dispensed with. Even Advani – with his Sindhi origin and his householder status – too does not fit into the Fascist scheme of the RSS. Soon, he too will bite the dust and a quintessential RSS man – single, Brahmin or upper-caste will either be projected for leadership. Alternatively, the BJP itself will be eclipsed and become a footnote in Indian politics, while an upper-caste preferably Brahmin “Brahmachari” from the RSS will wrest control of the political space presently occupied by the BJP. Hardline Brahminism, Patriarchy, and Fascism will combine to try and occupy democratic spaces and take over the governance. The situation of the Dalits, religious minorities and women will see a rapid decline.

With this end in mind, the ruling class have set into motion a series of processes aimed at exploiting the existing fault-lines in Indian society and channeling the desire of the subaltern classes to be close to the seat of power by enabling formations such as the Dharm Raksha Sena, the Bajrang Dal, etc. They also appropriate local linguistic sensibilities by infiltrating or taking them over – such as happened in Karnataka with the Kannada Rakshana Vedike. It is ironical that one section of Kannada “Abhimanis” bought into the saffron agenda because even a cursory glance will reveal the non-Brahmin provenance of the linguistic and cultural heritage of the Kannada people – Basava, Akkammahadevi, Kanakadasa and other luminaries who have enriched the literature and philosophy of this ancient land and language can hardly be termed Brahminical.

But the sad irony is that the true inheritors of the legacy of social struggle, progressive and subaltern assertion appear to have lost the capacity to counter the communal agenda. Instead they have become pawns in the hands of those who propagate the Fascistic saffron communal agenda. Most in India are aware that the Sangh Parivar, and chiefly the RSS, its intellectual fountainhead – is actually a vehicle for Fascism. In the south, the vibrant non-Brahmin movement in Tamil Nadu has kept the Parivar at bay in Tamil Nadu. The Left and the relatively larger percentage of Islamic-Christian populations has to some extent retarded their progress in Kerala. But while Karnataka appears to have been won over, the first real support for the Parivar in the South was actually in Andhra Pradesh, because the first ally of the BJP was the TDP which enabled the NDA to rule in Delhi for a whole term for the very first time. But Karnataka’s social realities are very different from AP, where the minorities rallied together to send the TDP packing in the state elections, to punish it for its dalliance with the BJP. Even in Karnataka, the pockets of support for the BJP are not widespread, but only in parts of the state – the coastal and North-western areas. The South and most of the North-eastern part of Karnataka do not seem to be much enamoured of the Parivar. But the secular political forces have failed to see the writing on the wall and come together to counter its agenda. This has caused the BJP to come to power in the state on a negative vote. Will our politically savvy voters now save the day for our state, even though the leaders seem to betray them time after time?

All is not lost - thinkers and scholars, writers and grassroots political activists, and newer political formulations are waking up to the realities. People in Karnataka were shocked to see the ugly face of the Parivar in their own backyard or rather in their own drawing rooms, as TV channels gave blanket coverage to footage of the public beating of women in a restaurant in Mangalore, and some footage emerged of unprecedented attacks on churches in the town too. In the same region, for the past two years there were communal incidents involving the sale of beef – mainly against Muslims. As one astute grassroots political activist in Bangalore pointed out, the violence against minorities is carefully orchestrated. They target Muslim for their Beef-eating and selling, Christians for conversions, and Dalits are targeted for casteist atrocities if they become assertive. It is not as if Dalits or Christians don’t eat or trade in beef; or that Muslims or Christians are not asserting. And conversions happen both among Dalits and Muslims, but they are not targeted on this issue. They target these three groups on three different issues so that they cannot come together to oppose the Parivar’s agenda. In fact, on some issues there are bound to be differences between the three subaltern groups. And the Parivar is fishing in these waters to gain political mileage.

The RSS has shown ingenuity in enlisting youths from subaltern groups and co-opting them into their agenda, at a time when secular and even progressive democratic forces have ceded their spaces. Where are the active students’ movements of the 70s and 80s? Have the educational institutions and universities actively discouraged the activity of these groups? Or did changed social expectations de-politicise our youth so that they can no longer distinguish between fascism and democracy? How can we educate young people about the dangers of fascism? Even the strong trade union movements of the 80s have been weakened by internal contradictions, by attrition in policies and by sheer economic compulsions. Thus the existing political awareness in society has been

To go back to the quotation cited at the beginning of this paper, has our inaction succeeded in making what was surely only a communal majority into a political majority? Is it too late already? A peep into the future suggest that there may still be time. There is still space for sections of society who have so far been marginalized from these processes to come to the fore, such as women, youth and the professional class, at least those from the newly upwardly mobile classes. Their involvement and fresh thinking, their identification of issues and location of solutions will bring in a new vibrance to our maturing democratic system.

Cynthia Stephen is an independent researcher based in Bangalore. She can be contacted at cynstepin@yahoo.com

24 October, 2008

Democracy is much more than elections

We have nothing against voting. We plan to vote in the upcoming election. Some of our best friends are voters. But we also believe that we shouldn't make the mistake of thinking that the most important political moment in our lives comes in the voting booth. Instead, people should take politics seriously, which means asking considerably more of ourselves than the typical fixation with electoral politics.

These are the opening lines of an article titled, "Taking Politics Seriously:
Looking Beyond The Election And Beyond Elections" by Robert Jensen, a journalism professor at the University of Texas at Austin, and Pat Youngblood, a social studies teacher at McCallum High School in Austin.

To access the article, circulated by countercurrents.org, click here.