Connect with us

South Asia

State terrorism: Kashmir erupts naturally: India needs to consider Indexit

Published

on

After being a freedom fighting colony for centuries, India, since 1947, has assumed the role of a colonialist nation by annexing and occupying neighboring Jammu Kashmir. India has killed more Kashmiris in a few decades than what it may have lost under British rule for centuries. Over year of misrule in Jammu Kashmir, India have burnt its terror fingers in occupied Kashmir, once again, by targeting a n important freedom fighter leader whom Kashmiris respect as their own.

India’s terror strategy is facing serious blow in Kashmir as people stand together to oppose Indian yoke on their soil.  Indian state terrorism has reached the climax point. The stage seems to be set for Indian regime to speedily consider surrendering sovereignty to Kashmiris. India should exit from Kashmir – Indexit.

Rising Kashmiri movement

Like many problems in South Asia, the roots of the Kashmir issue stretch back to the partition of British India in 1947. After an aborted attempt at remaining independent during the finals ears of British rule in the region, what was once the princely state of Jammu Kashmir was divided between the two new countries of India and Pakistan, with a de facto border known as the Line of Control. Later Pakistan gave a part of Azad Kashmir to China in exchange for the latter’s economic and military assistance.

Civilian uprisings are not uncommon in Kashmir as military imposes its iron will on the civilians.

In ruthless killing, India has overdone it, again, as its military occupying neighboring Jammu Kashmir has accelerated its attack spree, killing young people as freely as jungle beats do. In doing so, New Delhi has time and again expressed its hatred for Kashmiri Muslims, forcing now the Kashmiris demonstrating in streets protesting against the military killing of a young freedom fighting Muslim.

As India clamps down on Kashmir with an iron grip, it risks permanently losing the hearts and minds of the people. A popular civilian uprising is underway in Kashmir as India’s rule grows weak again.

Indian forces enjoy unprecedented freedom now to kill any Muslim of their choice and governor who represents central government and state government supporting Indian agenda in Kashmir over see the genocides of Kashmiri Muslims with secret orders for the same.

In three decades of armed oppression against the civilian population, supposedly a bid to win back trust in Kashmir, many women and girls have been raped and molested by Indian occupation soldiers. Sexual violence has been used as a channel to impose authority and fear upon the female population, while torture and killings are used to suppress their male counterparts.

While Indian Prime Minister Narendra Modi was on a tour to Africa, Indian troops back in Kashmir were shooting at peaceful demonstrators who were out on streets after the killing of a popular rebel commander. In five days, 36 civilians have been killed by Indian forces and more than 1,500 injured, including 100 with eye injuries. A medical emergency has been declared while the Kashmir Valley remains under curfew.

Six years after he chose to take up arms against the state, Burhan Muzaffar Wani, 22, was shot dead by a joint party of Indian army and police in a brief gunfight in South Kashmir. Wani was a militant commander of Hizbul Mujahideen – an indigenous rebel outfit fighting for an independent Kashmir

Indian military knows Indian government and its corporate lords in the parliament and state assemblies, and their “trusted” media would shield, as their major responsibility, all its crimes against humanity perpetrated in Kashmir or India. So, Indian solders do not hesitate to kill any Muslims in Kashmir on false pretexts.

Last April, five Kashmiris were shot dead by Indian soldiers in India-controlled Kashmir, shortly after protests broke out in the aftermath of the molestation of a young girl by Indian occupation soldiers in Handwara near the capital city of Srinagar. The attempted sexual harassment, as usual, had gone largely unnoticed until the victim spoke to the media, but it was not the first time that a similar incident had occurred in the heavily militarized region.

People support freedom movement

At the outset one matter needs to be explained. Whosoever Indian government and media lords call terrorists are indeed Kashmir freedom fighters who seek sovereignty back from the occupiers. India might call the freedom fighting groups in Kashmir as terrorist outfits and ask USA and EU to kindly add them in their own terrorist lists and never support them. By doing so, India thinks the Kashmir issue is settled once for all in its favor. It might even consider stopping huge cash transfer to USA regularly for their support against Kashmir sovereignty.

It would be worthwhile right here to rewind the Indian freedom struggle when Nehru, Gandhi, others led the movement but for the British rulers they were terrorists punishable under law..  

The government’s hold over the territory had strengthened not with positive attitude towards Kashmiris but with the help of mass killings in the early 1990s, and later, with the regional elections held in 1996. In the early 1990s, when India’s grip was weak and the rebels in 1993 had “achieved successes previously unimaginable” and “for the first time established liberated zones,” a government militia was instrumental in crushing popular dissent, leading to the fall of most rebel groups.

Currently, there is one group that is still fighting in Kashmir and continues to gain power: the indigenous Hizb-ul-Mujahideen, also known as the Hizb. In the last few years, the Hizb has managed to climb to the top in terms of popularity, and continues to successfully gain new recruits, who are being celebrated as righteous warriors by the general public.

State crimes and impunity for insane “soldiers”

The armed rebellion against Indian arrogance and misrule in Kashmir started in the late 1980s. In these years of violence, around half a million soldiers in the region used extreme torture and targeted killings against civilians, with hundreds killed in some incidents. Estimates of the number of people killed in Kashmir range from 95,000 to 100,000. And number keeps rising as India continues targeting Kashmiris in fake encounters.

Force was again used in 2008 trying to silence the freedom movement of Kashmiris, when the political narrative in Kashmir took a different shape as youths took over the reins of public dissent and rebellion. Two mass uprisings in 2008 and 2010 showed the brutal face of Indian state machinery to those born during the 1990s, who had not seen such mass violence spearheaded by the state before. Robust military action attacking Kashmiri Muslims further strengthened the younger generation’s anti-India sentiments and brought about a fresh wave of dissent.

India’s draconian Armed Forces Special Powers Act (AFSPA), which provides impunity to Indian soldiers for basically any action, and the Public Safety Act (PSA), which is used to imprison people without due process have been instrumental in crushing the recent popular dissent in the Valley but the résistance has only grown stronger many times.

The lack of political will to account for past and present actions of the security forces, including the state police, is fortified by legislation and aggravated by other obstacles to justice Change of government at the centre, if effected to end the present crisis in Kashmir, would not indeed solve the problem because the trouble India invited has reached the end point and not even Israeli terror goods could bring peace to strategic terror specialists in New Delhi. Amnesty International has been campaigning for the revocation of s the AFSPA and PSA – lawless laws meant for jungle regimes.

The criminal mindset of Indian government gets fully exposed when common people are shot dead by’ soldiers’ in Handwara, for example, and the state government expresses no regret over the killings, and also refuses order an investigation, while the federal government in New Delhi continues to maintain graveyard silence about state terrorism but blaming pro-freedom leaders for instigating the violence. At the core of weeks of violence was an underage girl, who was subjected to attempted sexual harassment and was also forced to refrain from speaking to the media while she was kept under police detention. Activists accused the police of a forced detention to protect the Indian “soldier” who had committed the act; there was no clear response from New Delhi. Government does not open its democratic mouth. The girl was released later. She demanded that an FIR must be filed against the accused soldiers and action be taken against the police officers involved in her detention.

Incidents like the one in Handwara are not the first of their kind such crimes are happening state wide. Men murders and women sexual violence conducted by the Indian forces have long been a mainstay tactic, with no one prosecuted to date. New Delhi and India media lords just shut their dirty mouths and cunning eyes.

On February 23, 1991, Indian soldiers had gone to the two villages for a cordon and search operation. As per various accounts, the soldiers tortured the men and raped the women. The 20-year-old injustice came to light again amidst the swelling public discontent of the last few years. In 2013, a group of women came together to file a public lawsuit that called for further investigations regarding the case. Months have passed since a local court ordered further investigations, but the police have taken no action.

Many of crimes committed in Kashmir by Indian forces come out only 25 years later and secret grave years reveal the death of Indian democracy and law.

Weakening of Indian terror hold

India has pooled all resources in Kashmir to contain and cripple the freedom movement and promote the military and Hindu interests in the valley.

The anti-India rebellion grows in Kashmir in a big organized way as an indigenous movement. Rebel, India says, have been using this strategy for the last few years, taking service rifles and other weapons from the police or paramilitary troops and using them. It also shows the rebels are mainly focusing on their particular areas, mostly in the south of the Kashmir Valley. But lately some attacks and rebel activities have happened in North Kashmir and Central Kashmir also. In the absence of any political solution in the form of sovereignty, the youth have become restless and their anger has intensified.

Today the world believes that the ongoing freedom struggle in the Kashmir Valley is a populist movement. The Indian Army has also started acknowledging the change in the Kashmiri situation. One of the senior military commanders in Northern India, Lt. Gen. D.S. Hooda admitted that Indian soldiers occupying Kashmir have little hope of competing against the rebels for public sympathy and Indian forces finds the situation a big problem, a challenge for conducting anti-militant operations now. “Militarily, there’s not much more to do than we already have done … We’re losing the battle for a narrative.”

Growing anti-India sentiments and rapidly rising support for Pakistan among people in India-controlled Kashmir has badly damaged Indian claims and status.

The chief cleric of South Kashmir’s Ummat-i-Islami, Mirwaiz Qazi Yasir said: “symbols are more important and the new rebellion is a symbol,” he says. “Even if there are no resources with them , but still this is a symbol.” However, he acknowledges that “a long-term rebellion” will find it “hard to survive without resources.” India would count on this aspect but both China and Pakistan could help them with resources. .

Pakistan has always tried to show it as an indigenous movement and it is an indigenous to a large extent. “If Pakistan wants to help the movement here, they will have their own interests also. Some observers also believe that Pakistan has changed its approach too, from involving itself on the ground to becoming the political backbone for the Kashmir issue globally.

This endeavor to advocate on behalf of the Kashmiri people was evident at recent United Nations meetings, where Pakistan continuously raised the Kashmir issue, as well as in bilateral talks with India. As a result, India has declared that Pakistan is “needlessly” internationalizing the Kashmir issue. Recently,   Indian strategic people ask the Modi government to invade and annex Pakistan’s Azad Kashmir for which Israel would readily extend military support. Now USA won’t support either Pakistan or Kashmir but has to side with Indian narrative, though might not offer military support.

The situation in Kashmir may look better compared now to the peaks of violence in the past, in the heart of the Valley, the rise of anti-India sentiment has weakened India’s control.

JK is being ruled by a coalition of People’s Democratic Party and the Hindutva Bharatiya Janata Party with PDP CM and BJP deputy CM. BJP is pushing for its Hindutva agenda in the valley especially by promoting all Hindutva promotional activities. In order to rule the state, the PDP supports whatever the BJP wants to do in t Kashmir. The rich in PDP,   National Conference, Congress and BJP are sharing the resource loot behind the coalition government. .

Further, anti-India forces are hugely motivated by the extreme force used against dissenting voices by the newly formed regional government. The new head of the region’s government, Mehbooba Mufti, recently said that there are only four bunkers of Indian forces in the Valley – a statement that highly angered the people, who have to face soldiers and police regularly in their daily lives. The regional government’s anti-dissent tactics combined with the disappearance of opportunities to construct a solid political solution to provide respite to the ordinary people in Kashmir has only made things worse.

Insane Indian oppression and Angry Kashmiris

Even mourning a so-called terrorist’s murder by military is seen as a major political statement in contemporary Kashmir, as thousands of people join funeral processions for fighting terror of Indian soldiers.

Meanwhile, while Indian core media continue target Kashmiri Muslims as terrorists, social media remain, controlled by Indian agencies also abuzz with people who idolize rebel commanders, like Burhan Muzaffar Wani, a 23-year-old Hizb commander in South Kashmir who has become the face of the new rebellion for sovereignty for Kashmir. The people’s acceptance of this rebellion has grown with the decline of any political process that can hope to empower them. Wani’s brother Khalid was among those killed by the soldiers, and this year, a cricket tournament was organized to remember him, with team titles dedicated to various rebels.

The change in Kashmiri mood against Indian occupational terror tactics to silence the freedom fighting Kashmiris, has its roots in the 2008 and 2010 mass uprisings in Kashmir, during which Indian troops and police, on instructions of Indian government (Home ministry) and JK governor mercilessly shot more than 200 teenagers dead on the streets. This has gradually led to major protests on a permanent basis, drawing in the younger generation, with people from all walks of life vehemently rejecting India’s continued rule in Kashmir.

From the army to the local government, the alarm bells are ringing, but no one in New Delhi is ready for a political solution to solve the long-standing issue. They don’t want to listen to anything anymore as enough is enough and they want all Indian boots are cleared of Kashmir valley forthwith and soverign handed over to Kashmiris. It is no more any formality from common Kashmiris but they are serious about protesting and can go to any extent to achieve their goals

The Modi government is now fully aware of the fact that informally told me that the new generation is angry.

Freedom leaders to fight till sovereignty

Resistance leaders Syed Ali Shah Geelani, Mirwaiz Umar Farooq and Mohammad Yasin Malik has appealed to the Imams of the Mosques to lead Nimaz-e-Jinaza in absentia to the 40 young brave hearts who were snatched from us by the cruel and inhuman Indian forces and local police in the last week after the martyrdom of Hizb Commander Burhan Wani and his associates. They also appealed them to lead the protests against the brutalities of Indians in uniform. Leaders have condemned the use of brutal force against the protesters and compelling the traders and transporters not to support the ongoing struggle.

Leaders have affirmed their resolve to lead this movement to its logical end no matter how brutal and cruel Indian aggression may be. People have been assured not to panic but show steadfastness, dedication and discipline so that any of the ill intentions of the enemy are not allowed to derail our struggle for the goal of self-determination.

Leaders have assured the nation that they have been fighting the Indian aggression and brutalism for decades and now we are facing do or die situation which demands utmost discipline and determination. They further said that we will never succumb to any pressure as we believe ours is the just cause and we will fight to achieve it till our last breath. Commenting on the more troops from Delhi leaders said that not only three battalions even if India sends whole of its army to Kashmir we will fight them tooth and nail and like always this time also they will be defeated. Leaders further said it is a long and continuous struggle and we need to be prepared for a prolonged but definite phase now. They have appealed people not to fall prey to the nefarious designs of the Indian imperialism or their local stooges and follow the combined programme in letter and spirit.

A word

Insane oppression of Kashmiri Muslims, both men and women, old and youth, by Indian occupation forces merit the urgent attention of UN, ICJ and OICC.

Yes, India is fast long Kashmir as Kashmiris, after the ghastly murder of their leader by the military, see Indian government as their enemy and they continue to seek the support of Pakistan. Unless India changes tactics — big brother India never changes its policies or tactics as it is aggressively arrogant – Kashmir will continue to slip away.

Time is ripe for Kashmiris to gain full and complete independence from India and establish a soverign Kashmir. India may let its military and police stay on in Kashmir until the soverign Kashmir government makes alternative security arrangement.

State terrorism tactics of India have worked devastatingly making the peace loving: Kashmiris to erupt naturally and violently protest against India’s prolonged Zionist occupation of Kashmir: India needs to consider Indexit!

World leader USA and other veto states must help the Kashmiris get speedy justice in the form of soverign Kashmir. They should advice their “anti-terror” companion India to leave Kashmir by opting for Indexit at long last, at least sympathetically.

Indian occupation forces have killed enough Kashmiri Muslims.

Continue Reading
Comments

South Asia

Dearth of Humanity

Sabah Aslam

Published

on

A significant portion of the world is recovering from Covid-19, however there is a place where people not only fears corona virus but also the brutal human right abuse. Its been more than 9 months and Kashmir’s future is still dawdling questioning the whole world that in times of global freedom why they don’t have any? The constitutional genocide which was done on 5th of the August of last year is still in force and there is no one either internally or any international community who can question the Indian authorities over Systematic and serious human rights violation which are taking place.

Moreover Covid-19 has been seen as an opportunity by Modi and his government in order to inflict more sever pain to the Kashmiri’s. For India Covid-19 has been seen as a weapon through which they can agonize the Kashmiri people while going unnoticed.

Even in time of such despair the gross human rights violation has been continued by the Indian forces. This ranges from mass killings, force disappearances, torture, rape and sexual abuse to political repression and suppression of freedom of speech. Human rights group Amnesty claim that thespecial powers under (AFSPA) gives the security force immunity from violations committed and condemn it. In other words Indian forces have carte blanche in Indian Occupied Kashmir and there is no oversight on it. There was journalists oversight but that also was barred after 5th August.

According to a September 6 report of the Indian government, nearly 4,000 people have been arrested in the disputed region. According to a September 6 report of the Indian government, nearly 4,000 people have been arrested in the disputed region. Among those arrested were more than 200politicians,including two former chief ministers of Jammu and Kashmir (J&K), along with more than 100 leaders and activists from All Parties Hurriyat Conference. Forced disappearances, rapes, killings are new norm in Occupied Kashmir as Indian law enforcement authorities rule with guilty pleasures.

While mainstream India becoming mouth piece of Delhi Government and sewed its lips to object and even mention Kashmir in their news, social platforms reveals the reality. With passage of every day new stories of heinous acts dusts the previous. Use of pallet guns inflicted eye injuries to more than 3000 people, BBC file reported. Disturbing videos and images often circulate on social platforms unveiling the lies of Delhi.

These lies are not restricted only Kashmir, but inside India situation is also murky. Conditions of Muslims inside India more or less emulates that of Kashmir. In 2013, a government survey found that the largest minority group which accounts for 14% of the total population lives on an average of 32.6 rupees ($ 0.43)per day. The government in Maharashtra—the state with the biggest concentration of corona virus cases—said Muslim-majority areas had a “paucity of health facility” in a 2013 report. It said the “threat of communal riots” forced Muslims to “live together in slums and ghettos” where social distancing is often impossible. The Covid-19 gave another reason to spew hate to Muslims and pursuit Islamophobia to new heights. The Organization of Islamic Cooperation’s human rights body has strongly condemned the “unrelenting vicious Islamophobic campaign in India maligning Muslims for spread ofCOVID-19.

A report published by Business Recorder in April 19, 2020 revealed that Delhi is exploiting Covid-19 to hump the subjugation of Muslims in a genocidal manner. The Muslim population is suffering not just from COVID-19, but from a crisis of hatred, from a crisis hunger. The situation of the minorities has been serious especially during the COVID-19 pandemic. When Covid-19 spiked in India, New York Times Reported that Indian authorities have blamed Muslim groups for spreading the virus. Despite the fact the Indian atrocities against Muslims are clearly visible international community is quite.

Pakistan has been supporting its Kashmiri brothers from very first day and had been voicing the Kashmiri case at every international fora. Recently Pakistan wrote a letter to United Nations Human Rights Council against Indian atrocities on Kashmiri Muslims. Former Prosecutor General Punjab, Senior Advocate Syed Ihtesham Qadir Shah along with other renowned lawyers and Social Activists wrote the letter to UNHCR. It highlighted every aspect of how India is waging gross violent acts against Muslims of India as well as Kashmir. The letter is supported by many local and international legal firms and organizations working for Human Rights as well. It also highlighted that India is not only abusing its own Human rights values but also violating basic values of International Human Rights values i.e. Article 25 (1) of the Universal Declaration of Human Rights (UDHR).

As the world moves there is a society which is static in its every aspect. It becomes more painful when that society sees the world watching in silence.

Continue Reading

South Asia

NOTA: A Step Forward Or Just A Toothless Tiger?

Published

on

Authors: Nakul Chadha and Abhay Raj Mishra*

 “ I went to vote once, but I got too scared. I couldn’t decide whom to vote for.”[1]Andy Warhol

The above-mentioned statement by an American artist to a certain extent defines the situation of almost every voter while casting his vote in a democracy. Every voter gets stuck in the dilemma that to whom he should vote so that it can be in a best interest for him as well as for the nation. Democracy is something which provides the citizens to participate and help in the formation of a good governance with their choice of change. It is essential that best of the men should be chosen for the survival of a democracy in a country.[2] Thus sometimes there comes a situation when voter has no confidence in the candidates that are standing in the fray, so he does not want to cast his vote to any of them.

Before NOTA, if a person wanted to abstain from voting to show his rage against the candidates, he has to go through a process that annihilated his secrecy. Hence, it pushed a need for a provision that allowed secrecy of every voter intacted even if he does not want to vote to any of the candidtes standing in the fray.

Hence, NOTA was introduced in the year 2013 keeping above points in mind by the Supreme Court through People’s Union for Civil Liberties v. Union of India[3] judgement. Although, It does not provide the Right to Reject and thus candidate who has got the maximum vote eventually wins the election irrespective of the number of  NOTA votes. Still, India became the 14th country to introduce a concept of negative voting.

The authors have critically analyzed the situation for which NOTA was required. The purpose of this article is to evaluate whether this reform in election process i.e. introduction of NOTA has contributed to strengthen the democracy or not. The authors have criticallly analysed the judgement of the Supreme Court in the case of PUCL v. UOI, 2013 and it also takes into consideration the belief and opinion of ECI about NOTA. It reviews the role of NOTA in the election process.

The authors have taken into account the issues like flaws and loopholes that are present in the provision and thus analyzing it and suggesting some of the measures that can be taken to make it more helpful in conduction of free and fare election and thus strengthening the backbone of democracy.

Background – Need For The NOTA

India stands as a paragon in front of many arising democratic countries and is also designated as one of the spirited democracy across the globe. One of the principle virtues of a democratic state is its free and fare elections. It is the fundamental principle for every democratic state to have Right to Vote as a constitutional right for the citizens and conduction of election in free and fair form. Although we are proud of our democratic system but there are many area that has to be strenghtened or renewed and in such a large country it cannot be done in one go but through a gradual development until we realize the true potential of a well-operative democracy.[4]

The main objective of NOTA was to increase the number of voters in the election and for maintaining the secrecy of a voter in an election. As secrecy of voting is one of the pivotal factor that keeps up the purity of a election. Introduction of Electronic Voting Machine (EVM) and implementation of rule 49-0 of The Conduct of Election Rules, 1961 raised the foremost concern for the Election Commission of India (ECI) as it made impossible to protect the privacy of voters who wanted to abstain from voting.

In order to fix the critical flaw regarding the secrecy of voters with respect to Right to Reject,

the Election Commission on 10.12.2001, addressed a letter to the Secretary, Ministry of Law and Justice. The letter declared subsequent opinions that the electoral right present under Section 79(d) also includes a right not to cast vote. It also suggested to provide a panel in the EVMs so that an elector may indicate that he does not wish to vote for any of the aforementioned candidate and at last gave the viewpoint that Such number of votes expressing dissatisfaction with all the candidates may be recorded in a result sheet. Although no actions were taken by the ministry in this regard.[5]

The fate of the Right to Privacy while voting was finally decided in the case of Peoples’s Union For Civil Liberties v. Union of India. In the afore-mentioned case, the Apex court stuck down Rules 41(2) and (3) and 49-O of the Election Rules as being ultra vires section 128 of the Representation of the People Act, 1951 and Article 19(1)(a) and Article 21 of the Constitution to the extent they violated the secrecy of voting.[6]

Rule 49-O – Elector deciding not to vote – “If an elector, after his electoral roll number has been duly entered in the register of voters in Form 17A and has put his signature or thumb impression thereon as required under sub-rule (1) of rule 49L, decides not to record his vote, a remark to this effect shall be made against the said entry in Form 17A by the presiding officer and the signature or thumb impression of the elector shall be obtained against such remark.”[7]

Citing section 128 and section 79(d) of RPA, court duly quoted that ‘secrecy of casting vote is duly recognised and is necessary for strengthening democracy’ to maintain the purity of elections.

Section 79(d) defines electoral right of a person to vote or refrain from  voting at an election whereas section 128 of the Act obliges any person performing any duty in connection with the recording or counting of votes at an election to maintain secrecy and penalizing in failure.

If the international provisions would be taken in consideration then Article 21(3) of Universal Declaration of Human Rights (UDHR) and Article 25(B) of the International Covenant on Civil and Political Rights (ICCPR) provides for secret vote for ballot for guaranteeing the unbound expresssion of the will of the electors.

Court said that no distinction can be drawn between the voter for the right of secrecy, regardless of the fact voter decides to cast vote or or to not cast vote in the fray.[8]

With this it was fully ensured that voter’s may or may not cast vote with maintenance of  their secrecy and purity but without the fear of being victimized if his vote is disclosed.

NOTA – As A Provision

NOTA is basically an option which gives voters a right to reject all the candidates. It is present at the bottom of the Electronic voting machines (EVMs) after all the contesting candidates and the voter can cast his NOTA vote by pressing it. Provided that democracy is all about choices and furthermore it is a essence of democracy, NOTA made it easier for voters to have a choice without being victimized.

Earlier, if the voter wants to cast a negative vote then he had to inform the presiding officer which surely was infringment of the Right to secrecy of the voter thus making him stand in a position of being victimized but this does not requires any involvement with any officer on duty and one has to give no information even if he do not want to vote to any of the candidate  contesting in the fray.

‘NOTA’ or None of the above came into existence in September, 2013 when the Supreme Court, in the case of PUCL v. Union Of India upheld the right of the voter to reject all candidates contesting elections saying it would help in cleansing the political system of India as it would lead to political parties contesting clean participants in election. So, Supreme Court in its judgement said “We direct the Election Commission to provide necessary provision in the ballot papers/EVMs and another button called ‘None of the Above’ (NOTA) may be provided in EVMs so that the voters, who come to the polling booth and decide not to vote for any of the candidates in the fray, are able to exercise their right not to vote while maintaining their right of secrecy”[9]

The NOTA option was first introduced in 2013 assembly election in four states Chhattisgarh , Mizoram , Rajasthan and Madhya Pradesh and one Union Territory, i.e., Delhi.

Positive Aspects Of NOTA

Addition of NOTA option on EVMs has helped in several ways in the election process such as by giving voters their freedom of expression, preserving their Right to Secrecy and with all this making a systematic change in elections.

NOTA as a tool for protest:

NOTA preserves freedom of Expression by allowing voters to express dissent or their right to reject all the contesting candidates. This would lead to potentially improve the voter turnout by providing an option to disapprove all the candidates, by this it can encourage more participation in the democratic process i.e. Elections. It also prevents bogus voting as a result of higher voter turnout.

Someone would go for NOTA option only if the ruling party has not done enough work in their previous election term and the opposition party is very weak. For e.g. we can take Gujarat legislative assembly election 2017, there seemed to be an incumbency on the part of Bharata Janata Party(BJP) rule in the state due to several factors and people wanted to change the ruling party but the opposition was Indian National Congress (INC) which has lost its significance in Gujratover the years due to Modi government .

So, it would have been a different scenario if voters chose NOTA option, there was a possibility that BJP would not have won the election in the first place or won it with a very little margin, helping them realise that the party has not done enough and thus encouraging them to work hard for the next election.

NOTA as a tool to protect secrecy:

NOTA also preserves voters Right to secrecy because before NOTA if a voter wants to reject all the candidates i.e. give a blank vote then according to rule 49-O of Conduct of Election Laws, 1961, voter had to sign a form with their name on it which would lead to violation of their right to secrecy and the blank voters could be traced and punished for their choice but with this there was no disclosure of any names to anyone helping voter to have his secrecy.

NOTA as a tool for change in politics :

After, NOTA there is a possibility that most of the candidates selected are honest because after NOTA the contestants representing the parties are also with good and clear public image as the political parties have fear that voters can give votes to the NOTA option.

By utilizing this power, electorates can send a clear signal to the political parties that some people are not happy regarding the candidates that are contesting in the election and thus creating extreme pressure on the parties to only field those candidates who are more acceptable to the electorates. This empowerment of the voters may also result to more systematic change in the election process.[10]

Negative Aspects:

Although NOTA to a certain extent has fulfilled its major cause, that is, to protect the voters of the country from being victimized by safeguarding their Right to secrecy but no rule or provision comes without flaws.

  • No significant increase in participation:

NOTA seems to fail in increasing the participation of voters in the elections, which signifies the strength of democracy as the court implied that turning up to booths and voting on NOTA is far better that not voting at all.

  • Not equal to Right to Reject:

The observation behind it was to give the voters a feeling of empowerment. But the meaning of the order has not been taken correctly. It in no way provides a Right to Reject. The Supreme Court just assserted that as people have right to show the liking for a candidate to be elected, in the same way they should have a choice for the Negative voting.

Yet, as former CEC, S.Y. Qureshi, points out by giving a example that even if 99 votes out of 100 total votes goes to NOTA still the candidate who has got that 1 vote will be treated as a winner, as he has got the highest number of valid votes. The rest of votes given to the NOTA are considered to be invalid or as no vote.[11]

  • Only a moral obligation to parties:

It only bounds the political parties to nominate a better and more ethical and moral valued candidate as larger number of votes going to NOTA shows a kind of disafffection towards the candidates that are present in the fray. But in general, it only puts a moral pressure on the parties rather forcing them by rules and regulations which in some ways is a bit more optimistic and thus political parties refuse to stop the candidates from contesting in the election making NOTA a tool of participation for voters and nothing more than that.

S.Y. Qureshi along with Mr. Rajeev Dhawan and Subhash Kashyap, Former Secretery General of Lok Sabha also believed that Supreme Court is in some way too optimistic in thinking that NOTA will by-product in a cleaner politics. While K.K. Venugopal and Association for Democratic Reforms (ADR) forced to elongate it a Right To reject.[12]

NOTA by far can be said said as toothless tiger as it does not result in re-election or disqualification of the candidates that once have got less vote than NOTA itself and thus, in no way it influences the result of elections. It is not a direct substitute to a bad governance but only is a motivation to change and improvement. Candidates also began to campaign against NOTA and said it be a wastage of vote and thus influencing the voters against it who may not have a full knowledge about the provisions.[13]

Conclusion And Suggestions:

With this, a conlusion can be drawn that a country like India having vibrant democracy, adding NOTA button in the EVM will certainly increase the political participation but only if, it is provided with more power and is implemented in better way. In order to further strengthen the NOTA, there are several suggestions.

There should be addition of rules that votes casted to NOTA should also be counted and if in an election where NOTA has got the most number of votes, none of the contestants should be elected and all the candidate contesting in that particular election would be barred from contesting again as they have already been opposed by voters.

Other than that, political parties should also think about the fact that they should only field such contestants in the election who have a certain qualification, experience in public service rather that by seeing his ability to spend money or to which caste or religion he belongs.

Also door to door campaigning should be stopped as it can help in manipulation of voters and mal-practice and corruption. Above all there is dire need of awareness programs to make voters more cognizant of the concepts of NOTA as one can only take a decision about certain things when he is fully aware of its repercussions and keeping in mind the fact voters are backbone of a democracy in a country.

*Raj Mishra, Maharashtra National Law University, Nagpur


[1] Edward D. Powers, “Third-Party Politics: Andy Warhole’s ‘Vote McGovern’, 1972, Zeitschrift Für Kunstgeschichte, vol.75, no. 3, pp. 391–416, 2012< www.jstor.org/stable/41642670 >Accessed May 3, 2020

[2] Ms. Mamta D. Awariwar, ‘Supreme Court Guidelines on Right to Reject and its Implication : A Study’, University Grants Commission, Pune, July 2017

<http://bvpnlcpune.org/Results%20PDF/Executive%20summary.pdf>

 Accessed May 3, 2020

[3] AIR 2003, SC 2363

[4] Sanjeev Kumar Chaswal ‘A Paradox of Right to Recall and Reject- A boon or a bane’ The Institute of Constitutional and Parliamentary Studies  

<https://www.academia.edu/8249541/_A_Paradox_of_Right_to_Recall_and_Reject_-_A_boon_or_bane_> Accessed April 29, 2020

[5] Report No. 255 , Electoral Reforms, ‘Nota and the Right To Reject’, ch.1, pp.190, March 2015,

<http://lawcommissionofindia.nic.in/reports/Report255.pdf>

Accessed April 29, 2020

[6] People’s Union for Civil Liberties v. Union of India, AIR 2003, SC 2363

[7] The Conduct of Elections Rules, 1961, Rule 49-O

[8] Pooja pandey, ‘ The NOTA Judgement in India: A Bigger Narrative’

 <https://www.academia.edu/35272294/NOTA_Judgement_in_India_Bigger_Narratives.pdf

 Accessed April 30, 2020

[9]                  PUCL v. Union Of India, 2003, SC 2363

[10] Arindam Mandal, Biswajit Mandal, Prasoon Bhatthacharjee, ‘Does NOTA Affect Voter Turnout? Evidence From State Legislative Elections in India’, Asian Journal of Economic Modelling, Vol. 5, No. 3, August 17, 2017<https://www.researchgate.net/publication/318008834_Does_Nota_Affect_Voter_Turnout_Evidence_from_State_Legislative_Elections_in_India>

Accessed April 30, 2020

[11] S.Y. Qureshi, Pressure of a Button, The Indian Express, October 3, 2013

 <https://indianexpress.com/article/opinion/columns/pressure-of-a-button/>

 Accessed May 3, 2020

[12] Katju Manjari, ‘The None of the Above Option’, Economic and Political Weekly, vol. 48, no. 42, October 19,    2013 <https://www.epw.in/journal/2013/42/commentary/none-above-option.html>

 Accessed May 3, 2020

[13] Dr. Vijaya Laxshmi Mohanty, Ms. Ramneet Kaur, NOTA- A  Powerful Opponent or a Toothless Tiger?- In Perspective of General Election 2014, Institute of Public Policy Studies and Research, Odisha, December 14 2014<https://www.academia.edu/9787108/NOTA-A_powerful_opponent_or_a_toothless_tiger_-in_perspective_of_General_elections_2014>

Accessed April 30 2020

Continue Reading

South Asia

Populism: Effects on Global Politics and Pakistan

Maham S. Gillani

Published

on

Populism is a concept in political science that postulates that the society is divided into two groups that are at odds with each other. According to Cas Mudde who is the author of Populism: A Very Short Introduction, these two groups consist of:  ‘the pure people’ and ‘the corrupt elite’. The term ‘populism’ is often used as a kind of a political insult. For instance, Jeremy Corbyn, Leader of the Labour Party in Britain has often been accused of invoking populism over his party slogan ‘for the many not the few’, but it’s not actually the same thing. According to Benjamin Moffitt, author of The Global Rise of Populism, the word “is generally misused, especially in a European context.” A populist leader in the true sense of the word claims to represent the uniform will of the people, stands in opposition to the enemy – that is often embodied by the current system which is aimed at either ‘draining the swamp’ or ‘tackling the liberal elite’. Dr. Moffitt continues, “It generally attaches itself to the right in a European context… but that’s not an iron rule.”

In the contemporary world, Populism is everywhere in the political spectrum: there are politicians like Marine Le Pen in France, Donald Trump in the US, Viktor Orbán in Hungary, and Narendra Modi in India. Political scientists believe that populism is not a new phenomenon but in the past decade it has certainly accelerated, and has taken many forms in the 2010s – which were often overlapping. In some countries a socioeconomic version was observed, where the working class pitted against big businesses and cosmopolitan elites who were believed to be benefitting from the capitalist system, such as, in countries like France and the US. While others saw an overwhelming focus on the cultural form thrive with emphasis on issues like immigration, national identity and race, for instance, in countries like Germany and India. However, the most common type of populism was the anti-establishment populism that pits the common masses against the political elites and the mainstream political parties represented by them. These forms of populism are likely to also continue into the next decade, although the main focus may probably shift from immigration to climate change.

Associate professor of comparative politics at the University of Reading in England, Daphne Halikiopoulou opines, “If the 2010s were the years in which predominantly far-right, populist parties permeated the political mainstream, then the 2020s will be when voters are going to see the consequences of that.” Although in some ways the results are already beginning to manifest in some states, a case in point being the 2016 vote in Britain to exit the European Union – Brexit – and the consequent political fallout that led to the resounding victory of the populist Prime Minister, Boris Johnson in the general election. Moreover, in other countries also the populist parties are beginning to make their impact in various ways – if not through directly passing legislation then by exerting pressure in the opposition.

In the near future i.e. the 2020s, many populist political figures are expected to rise to power and prominence. For example, Italy’s Matteo Salvini, who is the leader of the far-right and nativist League party has sworn to return to government as the prime minister, and if successful he is likely to forge alliances with his fellow populist leaders, inter alia, Boris Johnson and Donald Trump. Such alliances could herald a reinvigorated wave of populism in the world. On the other side of the globe, Narendra Modi, the Indian Prime Minister, has also signaled to continue his quest of deepening his Hindu-nationalist agenda. It is in this context that his government enacted a controversial Citizenship Amendment Act – which grants citizenship to refugees belonging to every major South Asian religion except Muslims – leading to weeks of protests and unrest across the country, in addition to continuing his policy of political repression and harsh lockdown in Kashmir.

Pakistan is, of course, not immune to the global move towards populism. Imran Khan is viewed by many political science experts as a populist prime minister. Ever since coming to power he has pursued divisive politics by sometimes silencing and at other times discrediting dissenters. The arrest and imprisonment – often on groundless allegations – of many opposition leaders can be viewed in this context. Moreover, on more than one occasion certain quarters of the media have been targeted and demonized in a bid to kill the messenger if you can’t kill criticism. These policies of the incumbent government led by Prime Minister, Imran Khan, to stifle opposition negate principles of pluralism and democratic tolerance. Pakistan is indeed on a slippery slope vis-à-vis the rise of populism in politics.

Populism is likely to persist as a fixture of politics for the foreseeable future. How countries choose to respond to it may become the defining feature of the remaining part of the twenty-first century. Propagation of values of democracy such as international cooperation, religious tolerance, pluralism and diversity seem to offer the only ray of hope in this, otherwise, dark tunnel of populism.

Continue Reading

Publications

Latest

Trending