Connect with us

South Asia

Kashmir’s regular shutdowns: What do Kashmiris gain?

Published

on

[yt_dropcap type=”square” font=”” size=”14″ color=”#000″ background=”#fff” ] W [/yt_dropcap]hy don’t India help Kashmiris lead a normal life at par with Hindus in India? Perpetual murders and fake encounters from Indian forces occupying Jammu Kashmir and curfews called for by the freedom groups have been a regular feature of Kashmir valley, weakening the nation’s infrastructural strength and affecting life of common locals.

Although Indian regime is under global stress and pressure to allow freedoms to Kashmiris, Indian occupational forces in Kashmir valley is least bothered about any peaceful situation in Kashmir that has negatively impacted the freedom groups to go for shut downs and express their anger over occupational crimes by India.

Success or defeat of a freedom struggle cannot explained what they got but how far they have been able to push forward the straggle, and how does the government view the impact of the struggle on the nation and how the people view it.

How does India view the latest edition of turmoil in occupied (Jammu) Kashmir? Does India feel any real worries and concerns?

Endless curfews harm Kashmiris

Kashmiris suffer from militaryphobia as military forces keep targeting Muslims who oppose Indian brutality and occupation. Muslims are being killed on a regular basis in order to sustain the occupation. .

Kashmir today is essentially a police and garrison state where military misuses its extra powers to kick the Kashmiris, While Indian media in general dutifully supports all military crimes in Kashmir, media in Kashmir does not function as the vanguard of the democracy but not essentially in Kashmir where everything is decided by the New Delhi. India has always behaved as a military hegemony in Kashmir but presented itself in the image of victim. is one of essential survival tactics in the conflict zone like Kashmir. What has not been vindicated in Kashmir under the camouflage of ‘national interests and threat to security of India’ by the Indian media be it fake encounters, rapes innocent murders and virtually everything from sky to earth.

Indian government has been, for quite some time, since the new wave of protests began in Kashmir, trying hard to put an end to the crisis and give a message to world that everything is “normal” in Kashmir. Having burnt its fingers India would now feel better that the JK government, now controlled jointly by the strange bed fellows BJP and PDP, has lifted the perpetual curfew in Kashmir at least temporally, letting Kashmiris breathe freely..

The almost daily anti-government protests, the curfew and near-total shutdowns, and a host of other restrictions sparked by the July 8 killing of a young militant enters its 100th day on Monday. With no respite in sight, both the separatists and authorities seem to be looking to ‘Time’ to resolve matters — one way or the other. The separatist leaders spearheading the agitation — every single one of them in jail or under detention in their houses — have set the agenda for the stone-pelting protests through weekly calendars. And the authorities seem to be working with the limited aim of containing these with minimal damage.

Reports of shutdown were received from all parts of the Valley. Protests were also reported from parts of Budgam district while massive clashes raged at Baramulla Old Town and Palhallan hamlet. A protest was reported from Ajas area of Bandipora district.The joint resistance leadership has asked people to stage protests on Friday against the killings but the call for shutdown was only for today.

Shutdown, clashes across Kashmir against civilian killings. True, both the government and the freedom groups haven’t quite succeeded in their pet projects. .

The curfew, which was imposed in the Valley for the last 79 days, was lifted from all parts of Kashmir on September 25 but restrictions on an assembly of people remained in force in most areas as a precautionary measure. Yes, busy markets, traffic jams and crowds area back in Kashmir after so many days of unrest. However, off and on curfews re-imposed and relifted in some areas.

Entire Kashmir has been in turmoil for quite some time. Thousands attend multiple funerals of Hizb militant at Kulgam Srinagar: Amid simmering tensions, Kashmir Valley observed a complete shutdown against killing of three civilians and one militant by Indian forces at Chadoora area of Budgam district during which clashes and protests erupted across the vale while thousands attended multiple funerals of the insurgent at Kulgam district.

Kashmir national protest

The complete strike was observed in all parts of the Kashmir against killing of three civilians identified as Ishfaq Ahmad Zahid Rashid and Saqib Ahmad and also against the Hizbul Mujahideen militant Tauseef Ahmad at Chadoora during 10-hour long firefight. The call for shutdown was given by joint resistance leadership.

While Indian military forces have high precision terror goods made in India and abroad, including in Israel, the freedom groups have none of them. The youth resort so stone peddling tactics as the only available source of self defense. Stone-pelting clashes broke out at Rawalpora, Bagh-e-Mehtab, Zampa Kadal, Batamaloo, Habba Kadal, Safa Kadal, HMT, Parimpora and other areas of the city. The clashes were also reported from several old city areas including Rainawari. Police used teargas shells to disperse the protesters. One civilian was injured during clashes at Rawalpora and he was shifted to hospital.

While last rites of three civilians were held yesterday only, thousands of people today turned up for the funeral prayers of Tauseef at his ancestral Kanjkul village of Yaripora area of Kulgam district. Reports said several rounds of funerals for the slain were held due to presence of thousands of people.

Soon after the funeral of the Kashmiri youth leader, the slain was laid to rest amid sobs and tears. The burial followed by massive clashes at Kanjkul and Yaripora where youth resorted to heavy stone pelting on government forces. Scores of youth and eight cops including SHO Yaripora Athar Samad were injured in clashes at Yaripora. Several youths were also detained during clashes at Yaripora. In Srinagar, a complete shutdown was observed since morning. All the shops, commercial outlets and educational institutes were closed. The public transport on the roads was off while private vehicles in less numbers were plying. The train service from Banihal to Baramulla was suspended owing to law and order problem in Budgam.

Militants attack police party in south Kashmir

Indian media reporting and analyses make Muslims in Kashmir the problem. Media barons don’t dare to show the reality and true picture for it is sure to strike the sympathetic chord with the Kashmiri people. The role of Indian media in Kashmir is to defend the status quo. Indian media is seemingly independent but essentially extended arm of Indian state as it is being bankrolled by the political economy of subsidies of state and huge government advertisements industry. Therefore it is essential to dance on the tunes of government if the media barons wish to survive, as largesse’s can be shifted if loyalties are subverted and diverted.

State killing and other forms of atrocities in Muslim dominated Kashmir valley are so common that Kashmiris have taken it their fate to to be ready t get killed by Indian forces. Normal life remained affected in the Valley for the 78th consecutive day before it was finally lifted. Curfews are very regular in Kashmir as Kashmiris refuse to stop demanding sovereignty from India, stop protesting state arrogance.

Lone, according to his family and witnesses, was killed after Indian forces may be for satisfying sadistic pleasure, opened “unprovoked” fire on him while he was harvesting crops in his fields at Nadihal area of Rafiabad. Local hospital authorities said a bullet had hit Lone on his back and pierced through his heart, resulting in his death. “The bullet had damaged his heart, causing his instant death,” said Dr Masood, Medical Superintendent of District Hospital Baramulla.

The JK authorities imposed curfew in Handwara and snapped mobile services across North Kashmir apparently to stop protests aftermath of the killing of a young boy in Forces firing at Nadihal Rafiabad in Baramulla district on Friday evening. Thousands of people, who attended the funeral prayers of Waseem Ahmad Lone killed in forces’ firing, were in tears as his body was lowered into a grave at his ancestral village of Bunpora in Nadihal area of north Kashmir’s Baramulla district. The prayers were led by his father Nazir Ahmad Lone at a school ground in the locality.

Earlier thousands of people assembled on Baramulla-Kupwara highway with the body of Lone to take part in a peace march. Amid pro-freedom and anti-India slogans, the body of Lone was then marched to the school ground for last rites. The mourners chanted anti-India and pro-freedom slogans. Curfew was imposed. Due to shutdown, curbs and curfew life was completely disrupted across Kashmir. A police official told CNS that curfew was imposed in Handwara town of Kupwara district, while it remained in force in three police station areas of downtown Srinagar. He said the curbs on the movement of people remained in force in Nowhatta, Khanyar and Mahraj Ganj police station areas of the summer capital of the state. The official said restrictions on the assembly of people under Section 144 CrPc also remained in force in the rest of the Valley.

People from various localities of North, South and Central Kashmir accused forces of damaging property during nocturnal raids. A private restaurant-cum-guest house was damaged allegedly by police and CRPF men on late Friday night. Muhammad Amin Shaikh, owner of Hotel Blue Spring, Verinag said a forces party raided his restaurant around 10 PM last night and threw stones and damaged the doors, windows and furniture of the hotel. He said that Forces could not enter the hotel as it was locked but they damaged property worth lakhs of rupees. Locals from the same area accused forces of damaging private property. They held protests against the “atrocities” done by forces.

At least four civilians were injured when police and CRPF men fired tear gas canisters and fired pellets to foil a pro-freedom rally in South Kashmir’s Islamabad district on Saturday. Reports said that people of Shangus and its adjoining areas had planned a pro-freedom rally in the premises of Markaz-i-Jamia Masjid Shangus. “The locals said that three injured civilians were rushed to PHC Nowgam. However, a doctor at the health facility said that they received only one person who was hit by pellets on his back. The locals further said that the forces damaged a 100 KV electricity transformer. “While leaving the village forces damages several residential houses and made a few arrests made,” the local said adding that people erupted in protests seeking immediate release of the arrested civilians

Nazir Ahmad Mir, the owner of Sonatraders, a gas distribution agency, said that he has turned to a new routine following the strike calendar issued by the separatists after the killing of Burhan Wani, Hizbul Mujahideen militant commander. He wakes up before 4 am to oversee the supply of gas cylinders from his godowns at Bemina and Karanagar in Srinagar city and ensures that the delivery is done before 6 am. In the evening, he brings the staff from different parts of Srinagar to his Karan Nagar office who works late into the night to sell the gas cylinders. Mir has turned to this new routine of working in the evening instead of day, after the strike call given by the Hurriyat Conference.

Protest calendar

In a fresh protest calendar, issued by the freedom groups recently, have asked the people to observe the shutdown. Besides marking a new way of life in Kashmir, the ongoing protests have also united the two factions of Hurriyat Conference led by Syed Ali Shah Geelani and Mirwaiz Umer Farooq who are issuing a common calendar now. The people are also following the calendar to observe different modes of protests. Youth and elderly are seen rolling out mats on the roads to offer prayers and even turn to the cleaning of lanes and drains.

Around 6 pm shopkeepers are seen opening the shutters and vendors lay wares on the footpath and roads are cleared of blockades. Barbers shops remain filled with people as they wait for their turn for the haircut while people jostle to fill their vehicles at petrol pumps. On Sunday, after 2 pm almost every shop was open in Chanapora and Jawahar Nagar. Traffic police had a tough time regulating the jams in Srinagar as people had parked the vehicles outside the shops in Lal Chowk due to which the pedestrian movement was also affected. There was a total gridlock in the city and it took hours for people to reach the Lal Chowk.

At a famous handicrafts shop, Amirudin and Sons, salesman Aijaz Ahmad, said that they have been footing losses of between seven to eight thousands on a daily basis. He, however, said that Kashmir issue should be resolved soon so that people can live peacefully. The owner of Sonatraders, Mir, said that he has to also bring the staff to the office due to the protests. “I have adjusted to a new routine of life after the protest calendars were issued by the Hurriyat Conference. The internet services remain suspended here due to which we are not able to make the online bookings for home delivery. It is due to this that I have to ferry the staff to the office during the relaxation in the shutdown announced,” he said.

President of the Federation Chamber of Industries Kashmir (FCIK), Mohammad Ashraf Mir, said that the industries have not benefitted from the protest calendar. “Due to the incidents of stone pelting we are not able to carry the truckloads of material to the industrial estates. However, there are only a few industries which are functional like the two medical oxygen supply plants. We are footing a loss of Rs 100 crore daily, but we are continuing with the protests as more than the business’ loss it is the loss of daily lives that matters for us. The government should hold dialogue with separatists to end the current unrest.” But government does not seem interested in solutions.

Regular violence and shut downs cost Kashmiris dearly

The response to the violent protests that spontaneously erupted after the killing of Hizbul Mujahideen commander Burhan Wani has so far left over several people dead and more than 12,000 injured. Most depressingly, over 100 of the people hit by pellets fired from pump-action guns by the security forces are facing the grim prospect of permanent blindness.

As news of the protests slipped from prime time to lesser slots on TV and from the front pages to the inside pages of the national media, Kashmiris of all hues, including the ruling People’s Democratic Party (PDP) of Chief Minister Mehbooba Mufti, seem to believe that sheer fatigue will finally bring things back to normal.

100 days of violence and near-continuous curfew has dealt an almost death-blow to every public institution in the Kashmir Valley. Crippled the economy of Kashmir, slashed the income of Kashmiris.

The mainstream politicians, especially those in power and enjoy the courtship of central government with money and permissions for foreign trips,etc , believe the futility of endless violence will dawn on its perpetrators with the passage of time.

The ruling PDP-BJP duo makes fun of freedom fighting Kashmiris groups and do everything possible to get them killed or terrorized in their own homes under house-arrests . “How long can they (separatists) keep telling people — and expect them to believe — that Azadi is waiting on the other side of the Jhelum river,” a mainstream politician belonging to the ruling PDP-Bharatiya Janata Party alliance laughingly tell the media lords

Interestingly, the mainstream politicians and the freedom groups led by Syed Geelani have sustained their constituencies too long on abstract promises — and even veiled confessions would mean further trouble for them. As both sides wait for time to heal, or throw up solutions, the worst sufferer of the 100-day strife — the average Kashmiri struggling to earn a daily living — is fast coming to terms with a “new normal” marked by acute scarcity, sky-high prices, closed educational and other institutions, and the emergence of organised crime that seems to have stepped into the vacuum created by the absence of law and order.

All public institutions have suffered to an extent that might take years to recover, but the greatest loss has been to the education of children. All schools, colleges and universities have been closed since the violence erupted.

The state government partners PDP and BJP have their pet projects. While PDP is eager to end NC of Omar, the bJP is bent upon make intrusion into the Kashmiri valley where only Muslims have political influence. PDP and BJP duo has sought to get educational institutions opened, but the move has been successfully resisted by others who believe that their re-opening is a backdoor attempt to bring back normalcy. In this tug-of-war, the valley is likely to see another generation of dropouts this year.

Tourism industry like exports has suffered. In last June, before the protests erupted, it had appeared a promising summer/autumn with all tourist centres reporting heavy bookings. With the protests covering the entire tourist season, hotels, guesthouses, houseboats and other tourism-related activities have come to a grinding halt. For valley’s tourist industry, it is a shutter-down situation. Horticulture is another casualty. Most of this year’s apple crop has been somehow harvested and dispatched to terminal markets for sale. But returns have been alarmingly low. “An apple box would fetch anything between Rs 700 to 800. This time our produce is being sold at Rs 400 to 450 in the terminal markets,” said Showkat Ahmad, an orchardist in south Kashmir’s Shopian district famous for high-quality Kashmir apples.

Even as thousands of Kashmiris earning a day’s meal engaged in tourism, transport or small businesses are finding it difficult to sustain families, there is a construction boom going on at places notified as green belts or at places where obtaining government permissions for constructions is next to impossible. “A truckload of sand that would cost around Rs 7,000 before the unrest is being sold at Rs 15,000. There is a huge demand for sand, cement, gravel and other construction materials in areas where construction had been banned by the government,” said a truck owner in north Kashmir’s Ganderbal district.

As the security forces focus on law and order, smugglers are having a field day looting forests and selling timber at throwaway prices. It is a free-for-all situation. The authority of the state government has been undermined to an extent that the field staffs of various departments turn a deaf ear to complaints of smuggling, unlawful constructions, and encroachments. With hardly a clue about how to end the misery of the people or end the current crisis, both demonstrators and the authorities are looking heavenward.

It was for the first time in last over two-and-half months that the Sunday market stayed open at Lal Chowk, Kashmir’s main market, which had usually seen deserted roads and closed shops. The footpath vendors had laid out the used clothes, shoes, and handicraft products on the charpoys as people thronged the market. People had lined up outside petrol pumps and heavy movement of vehicles during the day caused traffic jams at many places. According to the Hurriyat calendar, shops, and other business establishments stay open between 6 pm to 6 am. The protest calendar has changed the routines of the people who work in Kashmir. The working hours for many have spilled into the night and in a large number of areas of Kashmir normalcy returns in the evening after daylong clashes with the forces and the blockades on the roads are removed.

Observation

True, regular shut downs in Kashmir have badly affected the life of ordinary Kashmiris. However, Indian government presents an ugly face to tell the world that it is not bothered about the pathetic situation in Sri Nagar or elsewhere in Kashmir, as it is only interested in retaining Kashmir under its control.

Military establishment, RSS-BJP, and media lords enjoy deriving sadistic pleasure in the genocides of Muslims of Kashmir. They would very much like to kill all Kashmiri Muslims with Israeli terror goods in one big go as the Chechen Muslims, demanding freedom, were done with stock and barrel in Russia. Even China’s hate for Muslims is also an encouraging feature for New Delhi which now seeks to come closer to Beijing enjoy a sort of joint occupation of Kashmir along with Pakistan. China tries to help India by withdrawing its top female badminton players so that Indian women shutters could now fearlessly play and win games. China has been a deadly threat to Indians. That is the sport politics New Delhi seeks.

India, at least now after murdering over 1000,000 Kashmiri Muslims just like Indian cricketers hit 100, 200 etc, for entertaining the ruler sin New Delhi, will have to recognize, sooner than later, the anger of Kashmiris over Indian military brutalities and terror tactics to silence them, should realize the futility of sitting on false prestige and will have to give in to the demands of the people of Kashmir.

True, fake encounters are the favorite pass time operation of Indian military personnel who continue to occupy Kashmir brutally, enjoy special ultra laws, promotions for genocides of Muslims as key objective of Indian regime.

Thus, Kashmiris are the target of India for collective punishment for not toeing the Indian line.

Lifting of curfew brought some relief to people of Kashmir who have been suffering from all sorts of negativism of the government. Both the government and the fighting groups are making life in Kashmir intolerable. In the new protest calendar that was issued by the “separatists” in Srinagar, it was for the first time that the relaxation was given from 2 pm to 6 am. In the previous week, there was no relaxation in the strike even during Eid. Even during those two days of the Muslim festival, three people were killed as youth clashed with the forces.

Time is a greatest healer is the common refrain. But for the average Kashmiri, Time has already proven to be the greatest destroyer as New Delhi has many hidden projects in Kashmir. .

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