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Kulbhushan Jadhav Affair and India-Pakistan Conflict

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On April 10, 2017, a former Indian Navy officer national Kulbhushan Yadav was given the death sentence by a by an its Field General Court Martial under provisions of the Pakistan Army Act and the Official Secrets Act. Jhadav can appeal the death sentence to Pakistan’s Supreme Court within 60 days.

H was convicted for espionage, anti-state activities, role in terror incidents and sabotage in the country. Yadav was taken into custody by Pakistani agencies in March 2016 in Balochistan. Diplomatic ties between India and Pakistan plunged following Jadav’s conviction, with external affairs minister Sushma Swaraj warning Islamabad of “consequences” if Jadav’s death sentence was carried out.

Jadhav had admitted before the court that he worked for the Indian intelligence agency Research and Analysis Wing (RAW). He was involved in several clandestine activities to create instability in Karachi and Balochistan areas. During the trial, he was provided the services of a defending officer, as per law. India responded to this verdict by calling Pakistan’s High Commissioner Abdul Basit to the Ministry of External Affairs and gave him a demarche saying that the court proceedings that led to the death sentence of Jhadav were “farcical” and it would consider it as “premeditated murder’. It also said that the ministry had “repeatedly sought” consular access to Jhadav but was not permitted by the Pakistani authorities. A day after India called conviction of Yadav in Pakistan a ‘farcical trial’, the United Nations declined to take a position on the death sentence handed to the self-confessed Indian spy. India denied Yadav was working for RAW but admits that he is a retired naval officer.

India was expected to be take up the matter when the US National Security Advisor McMaster visits India to meet PM Narendra Modi, Foreign Minister Sushma Swaraj, and his Indian counterpart Ajit Doval. Doval was said to be preparing to raise the matter with his counterpart. The United Nations have already made it clear that it will not intervene in the matter, The Indian government has been arguing it was difficult for India to verify Pakistan’s claims that Jhadav, a serving Indian Naval officer on an alleged spying mission entered Pakistan with original Indian passport.

Pakistan too was in no hurry to execute him and was likely to put him as a bargain to seek advantage in bigger negotiations.

As expected, Indian reaction was immediate and intense. There was fierce criticism of the verdict in the Indian media. Defense Minister Khawaja Asif quickly announced that the death sentence against Jhadav will not and cannot be carried out quickly. Meanwhile, it was reported that a retired Pakistani military officer in Nepal had disappeared which suggested that the spy wars between India and Pakistan had intensified. Certainly, the issue had to be handled calmly for the sake of normal relations between India and Pakistan. Meanwhile, Nawaz Sharif played it cool, addressing an Air Force passing-out parade, said: “Cooperation rather than conflict and shared prosperity instead of suspicion are the hallmarks of our policy.” National Security Adviser and former Army general Nasser Khan Janjua, too, said India and Pakistan “cannot be enemies forever and must engage in dialogue to resolve disputes.” But Modi is heavily into populism based on hatred of Muslims and will not budge, especially as global politics is veering toward a new cold war between the U.S. and China in South and Southeast Asia. Helplessly, the Pakistan-India spy war will go on, hurting the future of the people living in the region.

An editorial “Reducing Pak-India tensions” published in Dawn, April 13th, 2017 argued that for four years now, Nawaz Sharif had expounded the same message of regional integration, trade and prosperity, but he had been incapable of convincing either India or the security establishment here. The National Security Adviser too has been “ineffective, notwithstanding the occasional willingness to speak candidly”. Meanwhile, Pakistan still did not have a foreign minister and the defense minister was “effectively irrelevant” because he had to foremost responsibility to tackle the electricity crisis as he was he minister of the power sector and that was his main portfolio. The teams advising the Premier in the domains of both national security and foreign policy are ad hoc. From that “self-created position of weakness, it is unlikely Mr. Sharif will have much success in implementing the vision he so often articulates”.

To complicate matters, Lt Col (retd) Muhammad Habib Zahir went missing from Nepal on April 6. The Foreign Office on Thursday hinted at the involvement of Indian intelligence agencies behind the abduction of a retired Pakistani colonel in Nepal. The media was abuzz with speculation that India’s Research and Analysis Wing (RAW) has abducted the retired lieutenant colonel as a retaliatory act to the conviction of Kulbhushan Jhadav. Observers believe India could use the abducted Pakistani retired army officer as a bargaining chip for the RAW agent.

Indian Minister of External Affairs Sushma Swaraj said India would go to any extent to ensure safety for Jhadav, calling Pakistan’s verdict ‘premeditated murder’. India would not leave any stone unturned to ensure safe release of Jhadav Pakistan Defense Minister Khawaja Muhammad Asif on April 13, 2017 informed the Senate that due process was followed in the trial of the serving Indian naval officer, who has 60 days to appeal the verdict.

On April 13, 2017, the Pakistan Army’s corps commanders agreed during a meeting at the army GHQ that there would be no concessions made in Jhadav’s death penalty because the man was convicted of serious offences against the state of Pakistan. The Foreign Office has also made it clear that there was irrefutable evidence against Jhadav and his role in terrorist activities as well as financing those activities on the soil of Pakistan. For a man who was initially disowned by his own countrymen, Jhadav had suddenly become somewhat of a cause celebre. Why else would 13 requests for consular access be made by the Indian diplomatic mission here if there was no connection between Jhadav and his handlers? Foreign Office spokesman Nafees Zakaria had explained that though New Delhi and Islamabad have a bilateral agreement on consular access it is Pakistan’s prerogative to refuse the same in the name of Article VI of the accord.

Meanwhile, media reported that there were 27 Pakistanis arrested for espionage

Most of the spies caught by the intelligence agencies have been apprehended from either military sensitive locations or in border towns. On April 14, 2017 India decided to put on hold all bilateral exchanges with Pakistan in reaction to the Jhadav affair. The Indian government called off talks between the two neighboring countries on maritime security which was scheduled to be held on April 17. India officially told Pakistan that it was not ready to host a delegation from Pakistan Maritime Security Agency (PMSA). Both Pakistan and India had earlier approved dialogue between PMSA and the Indian Coast Guard in a bid to break the deadlock caused by a militant attack on an Indian military base in Uri in September last year. According to the Indian Defense Ministry, it was not the time to discuss security with Pakistan when it had awarded the death sentence to Jhadav. The only engagement that Pakistan and India have had until now this year has been the 113th meeting of the Permanent Indus Commission talks for which an Indian delegation visited Islamabad in March this year.

An editorial “No concessions on terror” published in The Express Tribune, April 15, 2017 argued that:

As Pakistan stiffened its stance on the death sentence handed out to Indian spy Kulbhushan Jhadav in the wake of threats by officials in New Delhi that the move would carry severe repercussions for Islamabad, there are mounting suspicions that hostile agencies are behind the recent abduction of a retired Pakistani serviceman in Nepal. …. Aggravating already fraught relations between India and Pakistan is the appearance of wild speculation in the Indian media about the alleged link between Jhadav’s case and the disappearance of Pakistani ex-serviceman Habib Zahir. Indian media outlets have claimed that Zahir had been part of the team that captured Jhadav. The truth, however, is that Zahir retired from military service several years before Jhadav’s arrest. What is becoming increasingly clear is that the Research and Analysis Wing or some such hostile agency may have entrapped him and kept him in its custody for leverage in the Jhadav case. Instead of relying on legal and diplomatic measures, New Delhi appears to be working on some hidden fronts as usual.

On April 14, 2017, Prime Minister’s Adviser on Foreign Affairs Sartaj Aziz shared with media the state’s charge sheet against Indian spy Kulbhushan Jhadav and a timeline of his trial. Aziz told a press conference that Jhadav had been held responsible for the following terrorist activities in Pakistan:

Sponsored and directed IED and grenade attacks in Gwadar and Turbat; directed attacks on a radar station and civilian boats in the sea opposite to Jiwani Port; funded subversive secessionist and terrorist elements through hawala/hundi for subverting Pakistani youth against the country, especially in Balochistan; sponsored explosions of gas pipelines and electric pylons in Sibi and Sui areas in Balochistan; sponsored IED explosions in Quetta in 2015, causing massive damage to life and property; sponsored attack on Hazaras in Quetta and Shias en route to and back from Iran; and abetted attacks through anti-state elements against LEAs, FC and FWO in areas of Turbat, Punjgur, Gawadar, Pasni and Jiwani during 2014-15, killing and injuring many civilians and soldiers.

On the occasion, Aziz also asked why Jhadav had been carrying official documents under an alias at the time of his arrest. “I would like to ask India why he [Jhadav] was using a fake identity and masquerading as a Muslim,” Aziz asked. “Why would an innocent man possess two passports — one with a Hindu name and other with a Muslim name,” he asked.

Reassuring critics that steps had been taken to ensure transparency during the trial of the Indian spy under Pakistan’s laws and the Pakistan Army Act, Aziz also provided a timeline of the trial and proceedings against Jhadav.

Indian external affairs minister V. K. Singh had reiterated that the Indian government was considering all steps to get access to Jhadav. The case of Kulbhushan Jhadav continues to remain at a boiling point. While India has postponed talks between the coast guards, Pakistan is apparently compiling a new dossier for the international community on the Indian national accused of being a RAW spy. While Pakistan has not yet given a copy of the judgement, it will apparently be part of a new dossier on Jhadav, which will be handed over to the United Nations and ambassadors in Islamabad, Pakistani newspaper The Nation reported. The new dossier was to be based on the early testimonial as well as statements given in front of the court by Jhadav. Pakistan had collected “fresh evidences on Indian involvement inside Pakistan to spread anarchy and militancy, sources stated,” according to the report. Meanwhile, external affairs minister V. K. Singh reiterated that the Indian government was considering all steps to get access to Jhadav. “Pakistan government has denied consular access to Jhadav despite India trying for 13 times. We are trying everything to get access to Jhadav,” he told reporters. Meanwhile, there has not been any statements from India or Pakistan on April 15, 2017 about the retired Pakistan army soldier, who reportedly went missing near the India-Nepal border two days before Jhadav’s death sentence was publicly revealed. Pakistan officials had pointed fingers at India saying that he had been “lured” by foreign intelligence agencies, but Indian diplomats – in Delhi and in Islamabad – have told the media that they don’t have any information.

Vishwa Hindu Parishad (VHP) leader Pravin Togadia said on April 14, 2017 that “India should bomb Pakistan to secure the release of ex-navy officer Kulbhushan Jhadav and carpet bomb Kashmiri “jihadis” to stop the spread of militancy…Our government should show similar resolve of India First by bombing Pakistan, which is barely 800 km from New Delhi and securing the Indian soldier’s release,”.

Meanwhile, the law-enforcement authorities of Azad Kashmir, Pakistan claimed to have arrested three Indian intelligence agents for alleged anti-state activities on April 13, 2017. The charges leveled against the three “Research and Analysis Wing (RAW) recruits” included bombing a police station in the region. The three have been booked under the Anti-Terrorism Act (ATA) and Explosives Act.

Meanwhile, Pakistan’s defense minister has tried to assure that the death sentence of Jhadav was not carried out without due process. He has made an appeal for amnesty to the president. The Indian media had most predictably hit the roof. Mohammad Waseem, in his article. “Political temperature on the rise, The News, April 16, aptly stated that:

Diplomacy in a political environment characterized by vitriol of the worst kind emanating from the two sides of the spectrum is bound to suffer. On a larger scale, the world opinion has yet to give its final verdict… One can only hope for a deft handling of the issues at hand whereby peace and harmony, instead of tension and confusion, emerge as milestones of political strategy at home and foreign policy abroad.

On April 16, 2017 Pakistan stated that a dossier on Kulbhushan Jhadav’s involvement in espionage will be handed over to foreign envoys in Pakistan. The dossier will also be sent to the UN and other institutions. Sources said details about Indian interference in Pakistan, Jhadav’s involvement in sabotage and subversive activities in Pakistan were added in the dossier. Talking to state-run media, Foreign Office spokesman Nafees Zakaria said India was involved in spreading terrorism in Pakistan. He said India was also involved in terror financing activities in the country. To a question, he said barbaric activities against innocent Kashmiris in the Indian-held Kashmir had been exposed. To another question regarding Col (r) Habib Zahir, he said the Nepalese government was cooperating with Pakistan in this matter.

India was looking to mount yet another diplomatic offensive to save Jadhav and the government was awaiting a response from Pakistan over its demand for a copy of the charge sheet against Jadhav as it mulled options to secure his release. The government was contemplating a move like the one it launched last year after the Uri attack to “isolate” Pakistan. As a first step, India blocked maritime security dialogue between the two countries. This was the first move by the Indian government to raise the stakes for Pakistan after the Jhadav sentencing as it suggested that the two countries could be returning to the situation which prevailed in the immediate aftermath of the Uri attack last year in which 19 Indian soldiers were killed. Pakistan had consistently maintained that the two governments need to start the comprehensive bilateral dialogue, as announced in December 2015, to resolve outstanding issues. The maritime talks, coupled with meetings mandated by Indus Waters Treaty, were a small beginning by both the countries to move on after the bitter exchanges over Uri. The Indian government was also likely to review its attempts in the past few months to encourage people to people contacts with Pakistan.

Are India and Pakistan heading towards possibly the nastiest crisis in South Asia since the Mumbai terrorist incident of 2008? By Barkha Dutt, in her article “Pakistan’s move to execute alleged Indian ‘spy’ may be a ploy to sabotage the prime minister”, The Washington Post, April 16, 2017 maintained that:

In any case, whether Jadhav is a spy is moot. What is beyond dispute is that the Pakistan Army’s declaration of a death sentence for him via a clandestine court-martial breaks with all standard practice; it is almost an open invitation to escalation from India…. … “The timing and manner of announcement of the Jadhav decision indicates that it is either a bargaining chip to exchange someone in India’s custody or is meant to deter the country’s civilian prime minister from any new initiatives to mend fences with India,” …. Like all seasoned practitioners of statecraft, he knows that Pakistan is unlikely to take things to a dangerous precipice with India over the arrest of a spy; the motive lies elsewhere. Another explanation: Pakistan wants to use Jadhav as leverage to counter the aggressive global push by Delhi to isolate Islamabad as the perpetrator of state-sponsored terrorism. But the Narendra Modi government has never gone by the conventional playbook on Pakistan. From dropping in to visit Nawaz Sharif on his birthday to surgical strikes across the line of control, the Indian prime minister has followed his own script of shock and awe on Pakistan, in both friendship and hostility. Pakistan’s move on the tactical chessboard may prove to be a gambit gone wrong if India decides to play back in kind.

Indian-Pakistani relations weren’t going well even before the Jhadav affair. India’s dialogue process with Pakistan has been stalled since the attack on the Pathankot air force base in January 2016. Last month, India sent its officials to the meeting of the Permanent Indus Commission in Islamabad. During the meeting, World Bank officials had mooted that water resources secretaries could meet in Washington from April 10 -13 to find a resolution over the dispute mechanism. India, however, had conveyed its reluctance to accept those dates in March.

Indian interference in the affairs of Karachi wasn’t just baseless Pakistani propaganda, it was a fact. Uzair Jan Baloch, the notorious dacoit of Karachi’s Lyari, was arrested in January 2016 in Pakistan after a period of hiding outside the country. He will face a military court for “espionage activities, providing secret information regarding Army installations and officials to foreign agents (Iranian intelligence officers) which is a violation of the Official Secret Act 1923.”

A symbol of the criminalization of Karachi politics, Baloch belongs to the family of Rehman Dakait, the underworld boss of Karachi who was politically embedded in the Muhajir-Sindhi conflict that played out between the Muttahida Qaumi Movement (MQM) and Pakistan Peoples Party (PPP). Uzair has confessed to an Iranian “connection” in the Baloch nationalist movement in restive Balochistan; hence implying an Indian “connection” as well. Lest one forgets, Iran has accused Pakistan of aiding Iranian Baloch who often target Tehran’s soldiers. Abdolmalik Rigi, who was hanged in an Iranian jail in 2010, was educated on the sly in Saudi-funded Madrassa Banuria in Karachi before he joined the killer Jundallah with Al Qaeda in Pakistan and began attacking inside Iran.

The “Indian connection” finally reduced MQM to a shell of its former glory in Karachi. The PPP too has been weakened by the ongoing military operation in the metropolis against its extortionists. Pakistan sees an “Indian hand” in the uprising in its Balochistan province.

There was apprehension that the matter had to be calmly tackled otherwise it would blow up in to a new crisis between the two estranged seigneurs

Clearly, Pakistan was unable to move towards any dialogue with India on any issue, including spy wars. Meanwhile, Pakistan had decided in principle not to accept any pressure on the issue. Most probably the Jhadav affair would be settled with a deal of some sorts between India and Pakistan. Some concessions will be given by India in exchange of the spy being handing over to them in due time. It was just a matter of time when the trade took place. Pakistan did not want to escalate the already tense situation further. Despite the bravado, a deal would be made and Jhadav would be freed soon.

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South Asia

A peek into India’s 2019 elections: Past trends and portents

Amjed Jaaved

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A bird’s-eye view

Some 814 million voters speaking 1,652 languages will vote in 900,000 voting centers across the country over 35 days in 2019. India’s imminent (April 2019) elections will cost parties a flabbergasting Rs. 30,000 crore ($5 billion). That parallels cost of a U.S Presidential election. The difference is that most of the money spent in India will be in the form of untraceable cash. Much of it will have been brought back 

Into the country from tax havens, such as Switzerland, where industrialists and politicians stash their illicit fortunes. Money stashed illegally in Swiss banks comes back into the country through the hawala (unregistered) channels and havens such as Mauritius, Dubai and Caribbean.

Regular elections are raison deter of democracy in Western notion of democracy (Westminster model). The `equal citizens’ exercise their political right to choose representatives to rule them through their vote. India could be proud to hold elections regularly.  But, the way influential people contest or win elections through malpractices leaves nothing to rejoice. Elections are only a formal part of political representation, not its essence. Only the affluent and socially powerful sections of society can make it to the parliament. Is the Indian democracy in name only or in substance also?   

The social conditions in India rule out possibility of free and fair elections. The poor and the marginalised have a bleak chance to contest and win elections. India, the world’s largest democracy, stands divided into two worlds, the affluent and the poor.

India’s Constitution provides for equality of rights to all citizens, regardless of social differences. The golden words in the objectives resolution promise to secure to all the people social, economic and political justice, equal opportunity, and equality of status before the law.  Practically, justice to all has been a far cry. Let us explore some contours of India’s elections that shape India’s democracy.

Let us look at some contours of India’s democracy. India is a democracy only in ‘form’, not in substance. 

Influence of money power in elections

There is a relationship of direct proportionality between electoral win and wealth. Money plays an important part in determining poor voter’s electoral choice. Narendra Modi spent US$115 million to win the Indian election in 2014. In all, the BJP spent Rs714.28 crore ($115 million) on the 2014 general election campaign. Congress spent Rs200 crore ($32 million) less than the BJP’s expenditure during the 2014 polls.

The BJP spent over one third of all the money on one item: media advertising. The biggest individual recipients of this money were two firms, Madison World and chartered aviation provider, Saarthi Airways. Saarthi Airways is promoted by Delhi-based Gulab Singh Tanwar, reportedly a close friend of former BJP’s president and current home minister, Rajnath Singh. The party spent Rs77.83 crore ($12.57 million) on chartering aircrafts for its key campaigners, of which Rs60 crore ($9.7 million) was paid to Saarthi Airways alone.

No place for a pauper

 Political parties mainly nominate those candidates who can raise money for contesting elections.

Elections in India are expensive.  Candidates in the 2014 election spent a total of $5bn (US election in 2012 cost around $6bn). The longer a party stays out of power, the fewer the 

Opportunities to `raise’ money from a variety of sources including large donors, small donors and organizational donations.

The BJP is the richest party followed by Congress party. The Congress has ruled the country for 49 of its 71 years as an independent nation.  It appealed for the first time in its 133-year history for funds, perhaps as a catchy slogan. It had an income of $33m (£24.7m) in 2017! Ruling Bharatya Janata Party (BJP) is the richest with an income of $151.5million.The Congress income in 2017 decrease by $5.3m. The BJP’s income has doubled from what it earned in 2016.

No transparency

Although political parties are required to declare their income, their finances  are far from transparent. The penalties imposed by election commission are slaps on wrist.About 69per cent of parties’ income originates in  unknown sources,  “illicit money” or “black money”. The BJP and its allies are in power in 22 of India’s 29 states. The Congress is now in power in only two big states –  Karnataka and Punjab – and two smaller ones. Individuals and companies can buy electoral bondsto fund political parties anonymously. These bonds come in specified amounts and, at the end of 15 days, must be deposited in to the bank account of any political party that has earned 1% or more of the votes in the last election. Intra-party democracy has withered. Leading parties enjoy the  support of corporate business groups. Regional parties are invariably controlled by families.

Preposterous expenditure ceiling

Individual candidates can spend only Rs 70 lakh ($120,000) on his campaigns. This amount is too little to meet even poster printing costs in important contests. Key candidates spend between Rs 75 – 300 crore ($12-50 million).  Lesser stars spend between Rs 15-50 crore ($2.5-8.25 million) and marginal ones between Rs 1-10 crore ($600, 000K-1.8 million).

Mammoth rallies where half a million people cheer candidates cost upwards of Rs 3 crore ($500,000). Every major party holds at least one major rally or counter-rallies a day.

Add to it the  cost of sending thousands of workers out in cars, trains,  planes, rickshaws, bicycles, bullock carts, tractors, camels, horses and boats  to woo voters with speeches, street plays and songs.

Unfortunately, in reality, most candidates spend much more than the prescribed limits, and the amount spent by major national and regional parties is anyone’s guess. For instance, in 2013, Gopinath Munde, a well-known parliamentarian and a former minister, admitted that he spent more than 32 times the limit in the last election. Many believe that even this sum is an understatement.

Electoral abuses

Elections are marred by anti-democratic features like violence, en bloc voting, voting along religious and caste lines, so on. Leading parties nurture a number of local toughs on their payrolls. In urban war zones, they often intimidate voters from even venturing out of their homes. In feudal rural areas, upper caste militias threaten lower caste voters. Electing a `wrong’ candidate could lead to punishment like manhandling molestation, and torture.

Often, these vigilantes wields words, shotguns and homemade bombs frighten  local election officials away from poll booths. If rival toughs show up, there are scuffles, fistfights, maybe even a few hand-made bombs hurled.

Even electoral voting machines were no good in stopping abuse of elections. Some voters demand that it should be done away with.  The familiar traditional abuses include buying away competitive candidates, hounding out or abducting candidates before they file a nomination paper. Use of a pre-poll hearty meal or booze, coupled with free air or road travel is un-noticed malpractices. Up to the 1990s, India’s elections results were generally decisive with wide majorities. But recent results have been close with winning coalitions getting wafer-thin majorities. Such narrow margins mean even minor incidents of vote tampering, booth capturing etc. can swing results in 25 percent of all parliamentary seats, ten times the  government’s own majority.

Deleting voters from lists

In remote villages, such problems often go entirely unreported. Both parties accuse one another of the vice.

Paid advertising shown as free reporting

India’s `free’ press, numerous newspapers and TV channels charge local-candidates coverage for a fee.

A plethora of parties

Existence of plethora of parties and candidates results in splitting of votes. Gandhi foresaw this problem.  He ‘wanted Congress to be disbanded after independence. Implementing his advice could have created two parties_ one led by Jawaharlal Nehru and the other by Sardar Patel’. (“Political Parties and Indian Democracy”. Raju Ramachandaran suggested a system of proportional representation to reflect popular will. (Raju Ramachandaran, “Myths of Parliamentary Democracy”, 266-267). Ramachandaran suggested ‘proportional representation’ to reflect popular will more accurately. Speakers at the National seminar on “Indian Democracy: Recent Trends and Issues” inter alia highlighted collapse of political institutions in India (Dr. K. S. Saxena and Anil Gupta (ed.), Indian Democracy: Recent Trends and Issues”, p. ix). Saxena was so pessimistic that he began his paper with an epitaph for India’s democracy _ ‘all hostile elements have conspired to put our democracy to death’. (Dr K. S. Saxena, “Plight of Indian Democracy”, p. 283, 285). Saxena claimed India’s democracy had failed to ensure ‘freedom, justice and social and economic equality’ to all.  Dissenters in India were dubbed as traitors and fascists’. A party securing 33 percent of the votes could occupy three-fourths of the legislatures.

 (Editorial, “Cost of Elections”, The Tribune (Chandigarh), December 1, 1984; cited in Ghani Jaffer (ed.), Elections in India 1984-85, Islamabad Institute of Regional Studies, 1987).

Financial Contributions to Parties and Candidates

Corporate contributions, upto five per cent of a company’s net profits to political parties are legal.  In reality, huge funds are collected from individuals and companies by extortion or as a consideration for past or future favours.

Political corruption has become integral to India’s governance process. The disclosure norms are very feeble and un-enforced. Most expenditure is illegitimate.  It is spent on buying votes, distributing liquor, transporting voters, bribing local power brokers, bribing polling agents, payoffs to police and polling personnel in several places and hiring hoodlums for rigging and booth capturing.

Most major parties no longer attract voluntary party workers motivated by principles and goals, and therefore hire them at great expense during elections. Large mobilisation of poor people for election meetings, spending enormous sums for lorries and bribes to the hired audiences, and ostentatious campaign in the form of large fleets of cars and jeeps, huge cut-outs, banners, posters, tents, loud speakers etc. account for other expenditures.

Caste-Influence and Communalism

Caste influence has always been predominant in secular India.  Khushwant Singh says, ‘Yet, strange enough, Gandhi obliquely supported the Hindu caste system’. Peter Myer points out ‘importance of caste in the election of candidates’ and ‘caste-based factionalism’ is a significant factor in campaigning (Peter Myers, “The year the vote-banks failed: the 1967 general elections and the beginning of the end of Congress Party dominance”, pp. 154-155; cited in Jim Masselos (ed.), India: Creating a Modern Nation (Bangalore, Sterling Publishers Pvt Ltd., 1990), 154, 165-167).

The importance of caste politics has also been highlighted in Selig Harrison’s India: The Most Dangerous Decades. Rasheedudin Khan points out “India’s State structure is democratic but not all aspects of the political system’.  The social structure and equipoise of the traditional polity legitimised ‘the power and control of land-based jatis over a disaggregated and alienated mass of the landless, the bonded labourers, low castes and sudras’ (Rasheedudin Khan, “Impediments to democratic change in India”, 384, ibid).

Ever since independence, the politicians made no serious effort to reduce influence of caste on elections.  They continued to hoodwink masses with buzzword-subsumed themes of ‘removal of poverty, illiteracy and disease by bridging the gulf between the rich and the poor, between the urban and rural, through industrialization, spread of education and building of an egalitarian-cum welfare state’.  The slogans brought no change in condition of scheduled tribes (girijans), scheduled castes (harijans), castes (jatis), religious communities (dharmic sampratya) and language communities (bhashai sampratya).

Noble laureate Amartya Sen,  delivered a lecture on “Democracy and its Critics”, organised by the United Nations Foundation in New Delhi on December 16, 2005.  While discussing success and failure of Indian democracy, he said, “The rise of casteist politics was a failure”. 

Atul Kohli is disgusted at erosion of democratic institutions owing to politicisation of bureaucracy and bypassing of constitution.  He has serious doubts about future of India’s democracy.  He says that ‘personal rule has come to replace party rule’.  Economic development within an elite-dominated framework has thrown up social groups which are demanding share in society’s power and wealth (Atul Kohlie (ed.), Interpreting India’s Democracy: An Analysis of Changing State-Society Relations (Hyderabad, Orient Longman Ltd., 1991), xv, xvi, 1-11).

Corruption

Corruption galore (Bofors, Rafale, etc) in India has become a serious socio-political malady. The society is generally passive and resigned to its fate. Corruption cases filed in courts drag on for years without any results. To quote a few cases: (a) There was no conviction in Bofors gun case (Rs 64 crore) though the case was filed on January 22, 1990 and charge sheet served on October 22, 1999. Among the accused were Rajiv Gandhi, S. K.Bhatnagar, W. N. Chaddha, Octavio, Ardbo and S. K. Bhatnagar. The key players in the scam died during proceedings (b) No recoveries could be made in the HDW submarine case (Rs 32.5 crore). The CBI later recommended closure of this case. (c) Corruption in recruitment of armed forces.

There is popular pressure to pass the Jan Lokpal Bill (Citizen’s ombudsman Bill), draft anti-corruption bill, drawn up by prominent civil society activists seeking the appointment of a jan lokpal, an independent body that would investigate corruption cases, complete the investigation within a year.  And envisages trial in the in the next one year. The Jan Lokpal Bill, drafted by Justice Santosh Hegde (former Supreme Court Judge and present lokayukta of Karnataka), Prashant Bhushan (Supreme Court Lawyer) and Arvind Kejriwal , envisages a system where a corrupt person found guilty would go to jail within two years of the complaint being made and his ill-gotten wealth being confiscated. It also seeks power to the Jan Lokpal to prosecute politicians and bureaucrats without government permission.

In December 2005, by voice vote, Indian parliament expelled 11 parliamentarians. Ten of them belonged to the House of People (lok sabha) and one to the Council of States (rajya sabha).The peoples’ representatives were sacked as they were involved in demanding cash to ask questions of “donors’” interests. Secret cameras caught the MPs while negotiating or taking bribes.  To avoid such ‘stings’ in future, the MPs have now begun to keep detective gadgets.

The un-sacked parliamentarians remained unruffled by expulsion of their colleagues.  This is obvious from the fact that the MPs supported the Rs 8,000 crore development fund to be spent at the discretion of the MPs _ each MP to get Rs two crore. The Statesman, New Delhi, December 24, 2005, observed _ ‘The [cash for queries] sting ‘testifies to the extent of criminality that has permeated the ranks of the elected representatives. Seven MPs were shown accepting or demanding bribes for sanctioning funds ostensibly for local development.

(“Good riddance: Even expulsion is insufficient” (editorial), The Tribune (Chandigarh), December 24, 2005.

Parliamentarians use pocket-sized radio frequency detectors and jammers in the shape of room fresheners or computer to avoid being caught by spy cameras.  It is widely known how warring industrial houses have set up MPs to ask embarrassing questions in the past to embarrass the opponent or deny the rival company a license or a benefit. It has not been uncommon for some ministers to collude with corporates. Some feel that with the end of the licence-quota raj, the problem has become less grave. “In the license-quota raj, some industrialists had to permanently camp in Delhi, and there was a time 50 per cent of the people flying between Delhi and Mumbai were doing so for liaison work.”

observed, ‘Even expulsion is insufficient. In fact, this is the minimum punishment they deserved.The Indian Express commented, ‘Our politicians are brazen in their defence of illegal land use. They are scared of losing money, not votes’.

Another slap in the face of democracy after ‘ Operation duryodhan’ (expose’ of 11 Members of Parliament taking bribes in exchange for raising questions in Parliament), a new sting operation by Star News has MPs asking for commission  for sanctioning funds under the MP Local Area  Development Scheme (MPLADS) scheme. This time, elected representatives of Parliament are caught on camera asking for cuts ranging from 5 per cent to 45 per cent for sanctioning funds under the MPLADS, a kitty of Rs 8,000 crore, to be spent at the discretion of members of both Houses.

(“Criminality spread, MPLAD scheme should be scrapped”,

Who would take action against India’s corrupt? ).

The media continues, ad infinitum, to point out legislators’ corruption. About one-fourth of the over 540 people elected to Indian Parliament face criminal charges ranging from murder to extortion and even rape. India’s election laws allow politicians facing criminal charges to run for public office, disqualifying them only in case of convictions, which are rare in India’s corrupt judicial system. It is understandable why no Indian parliament has ever passed anti-corruption legislation aimed to bring top public offices within the ambit of accountability.

More than half the members of the Lower House of Parliament have assets of over five million rupees ($109,400), in a country where a quarter of the billion-plus population lives on less than a dollar a day.   The rich legislators enriched themselves further by a salary hike to 12,000 rupees, besides allowances. They enjoy heavily subsidised housing, free air and rail tickets, electricity and water.  Nearly half of all MPs have not repaid loans to public financial institutions. (“Cash-for-query: Netas, babus take sting off spy cameras “Times of India, December 14, 2005),

Non-Representative Parliament

Honest men like even Acharya Narendra (the doyen of Indian socialism) and Acharya Kirplani got rejected at the hustings (G. P. Srivastava, “Curbing booth capturing and election rigging in India”, p.193; cited in Grover and Arora, Indian Government and Politics at the Cross Roads).

The people have now realised that repeated elections are no real test of a democracy. India’s democracy accepts right of cheats and bullies to rule (Satish Saberwal, “Reconstituting Society”; cited in Grover and Arora, The Tribune, Chandigarh, December 24, 2005, in its editorial, “Good riddance”).

Unity in Diversity?

RSS_BJP-VHP-Bajrang Dal combine influences elections. India is no longer an epitome of unity in diversity.  It is now a cauldron of ‘religious, communal or caste conflicts in every nook and corner of the country’. The net result of separatist movements by ethnic, religious or ethno-religious minorities is a demand for sovereignty which threatens India’s territorial integrity.  Social unrest is due to the dissonance between the rulers and the ruled.

Breach of public trust

S. G. Sardesai is of the view that voters are disgusted with ‘unprincipled squabbling and mud-slinging between various political parties.  They are losing faith in the democratic elective process itself.  In our given conditions, candidate, the best candidate for playing that role is the RSS-BJP- VHP-Bajrang Dal combine.

(Verinder Grover and Ranjana Arora (ed.), Indian Government and Politics at Crossroads. New Delhi, Deep and Deep Publications, 1995, ix).

Inferences

Being the richest party, the BJP is well placed to form at least a cozy coalition. Electoral abuses caricature shiny face of India’s democracy. There are too many loopholes in the laws.  Authorised ceiling of the election expenses does not take into account ‘expenditure incurred by the political parties, friends and well-wishers in furtherance of the poll prospects of a candidate’. Donations by companies, including public-sector companies, are not subject to audit.  Unless the electoral system is radically revamped, the rituals of elections would continue to throw up unrepresentative governments in India.

“Elections (in India) are being increasingly seen by people as devious means, employed by the rulers to periodically renew their licence to rule_more often to misrule.( S. G. Sardesai, “Election Results: Writing on the Wall”, cited in Grover and Arora (ed.), “India’s democracy accepts right of cheats and bullies to rule”.

Democracies can succeed only if their institutional foundations are strong. The masses who are victims of the caste system lose confidence in democracy. Regrettably, at all levels of government, the upper castes are holding the positions of decision-making.

Persecution of religious minorities and the so-called untouchables (who prefer to call themselves dalits) is endemic to the social and cultural systems that circumscribe the Indian polity — in class terms, abject poverty permeates huge sections of Indian society. A four-year-old girl, named Surjo, was boiled in a tub and then beheaded to please gods as part of a religious sacrifice.  The police said, “In a country where sons are sold for paisa 25 and women are thrown into fire to please sati, goddess of chastity, such events cannot be foreseen or forestalled”. 38.Manoj Joshi, “Indian girl boiled alive and beheaded as a religious custom” (Manoj Joshi, “Indian girl boiled alive and beheaded as a religious custom”, Times of India, August 13, 2000).  

Crimes against women are generally ignored. It is given name of eve teasing as escapism. The cases of rape have grown by 700 per cent since 1953. Last year 20,000 rapes were reported in the country. And India’s rape capital New Delhi has seen average of 10 cases in a month. And these are just the cases that have been reported. The number of unreported cases is far higher. India ranked fourth primarily due to female foeticide, infanticide and human trafficking. (“Dubious record: Four rapes in UP in 24 hours”, Times News Network, July 16, 2011, 03.49am IST. Also see “Shame: Rape is India’s fastest growing crime”, Jatin Gandhi, Hindustan Times (New Delhi), January 14, 2008). 

The independent candidates are handicapped.  They cannot pass off their excess buck to any political party.  India’s Supreme Court ordered that expenditure incurred by a sponsoring political party or candidate’s friends and supporters also should be included in a candidate’s election expense sheet. But, the then Congress government nullified the Supreme Court’s decision through legislation.

India is a democracy only in ‘form’, not in substance.  Hindutva supporters want to convert it into a centralised state for the brahmans only. Poverty and hunger continue to afflict large sections of Indian society. Also, there is a tangible threat that India could become a majoritarian tyranny or even a cultural fascist state. The rise of the BJP from a marginal Hindu nationalist party of the 1980s to the majority party in parliament in 1999 vindicates ascendancy of Hindutva trend.

If the Allahabad High Court had not unseated Indira Gandhi in June 1975 and held her election victory as an MP in 1971 as invalid, the Indians today would well have no fundamental rights.

A democracy subsumes equal political, economic and cultural rights. So is not the case with India. The political class is drawn from the affluent, educated and socially powerful sections of society. The society has been religionalised and religion commodified.  India’s cosmetic progress is most visible in use of cars, aviation, mobile telephony, cable television, outsourcing, and automobiles. Such progress is meaningless when less than 5 per cent of Indians can fly, or own a car.

The then Congress-led UPA government has accepted the late Indrajit Gupta Committee report on the state funding of elections. The state funding for elections required setting aside Rs 6,000 crore to Rs 7,000 in a five-year cycle. The government realises that ‘criminal activity can generate such large sums of money’ easily.  But, the government will have to raise, ‘on an average Rs 1,200 crore to Rs 1,500 crore’ ‘which the state might find it extremely difficult to raise’.

The Indrajit Gupta Committee finalised its report on December 30, 1998. But, it kept lying in cold storage.  Earlier, the Tarkunde Committee had observed 31 years ago that ‘state funding of elections was impracticable under the conditions prevailing in the country’. The Dinesh Goswami Committee (May 1990) also made wide-ranging recommendations. (“Elections and Role of Money Power in India). The state financing of elections was one of the recommendations, made by N. S. Gehlot. (D. L. Seth, Crisis of Representation, p. 179).

The central and state governments in India do not necessarily represent rule by a majority.  Through coalition politics a party with less than fifty per cent votes can form government at the centre or in states. There are several ways to determine majority in an electoral system. In India’s system, whoever gets the largest number of votes is elected.

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South Asia

China’s Diplomatic Tightrope Amidst Rising Indo-Pak Tensions

M Waqas Jan

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Since the dramatic rise in Indo-Pak tensions earlier this month, the entire South Asian region has once again been propelled on to the international forefront amidst fears of all-out nuclear war. Even though these tensions have receded significantly over the last couple of weeks, they had earlier reached near an unprecedented tipping point with both countries prepped to launch a series of ballistic missiles at each other following one of the modern age’s first aerial dogfights. As the specter for further military engagements is replaced by concerted efforts at diplomacy, the ongoing situation offers a unique look at the varying roles being played by one of the region’s primary stakeholders, namely China.

This is evident from recent reports that have revealed the important role that was played by diplomats from China, Saudi Arabia and the US in bringing both India and Pakistan back from the brink of all-out war. China’s role however demands closer inspection especially considering how it is widely expected to take on a more prominent leadership role based in part on the US withdrawal from global affairs, as well as in part on its own rise as a major power.  

Despite China’s clear and long-standing history of close cooperation with Pakistan, China has repeatedly avowed playing a more neutral role amidst the rising tensions between both India and Pakistan. In official statements given by Foreign Minister Wang YI, as well as Foreign Office Spokesman Lu Kang both during and after the recent crisis, China repeatedly called for restraint and dialogue presenting itself as a willing and able mediator. It showed itself as willing to play a more stabilizing role in the region through a more normative approach to conflict resolution. This stands in contrast to a perhaps more unilateral approach steeped in (super) power politics that would otherwise aim to redraw the region’s strategic fault lines.

Even with regard to the divisive issue of Kashmir, the Chinese Ministry of Foreign Affairs has espoused a more conciliatory approach emphasizing the need for economic development and poverty alleviation as issues that should be addressed collectively. This is especially evident in the case of the China Pakistan Economic Corridor (CPEC) and its overarching Belt and Road Initiative (BRI) where Beijing has repeatedly emphasized the inclusivity of this initiative. Citing how the BRI can serve as a platform for enhancing Indo-Pak Cooperation, China’s offered solution has been directed towards meeting the infrastructure requirements of both countries at a broader regional level. 

However, China’s so called neutrality has been vociferously brought into question by India especially as a result of China’s most recent diplomatic maneuvers at the UN. This is because China has for the third time blocked a UNSC resolution aimed at blacklisting JeM leader Masood Azhar under the 1267 sanctions committee. Accused by India as being the mastermind behind the Pulwama attacks, India along with France, the UK and the US have repeatedly pushed for blacklisting Azhar subjecting him to a travel ban, arms embargo and asset freeze.

In contrast, China’s position on the issue has been to implement a technical hold on the decision calling for a more responsible solution to the issue based on greater dialogue and consultations. This has been widely perceived in India as not only favoring Pakistan at India’s expense, but also as an implicit justification of Pakistan’s support of cross-border terrorism within Indian occupied Kashmir.

Despite China’s claims to the contrary, these actions have led China to face growing diplomatic pressure as it finds itself increasingly unable to justify its position; especially in light of its own internal concerns with regard to terrorism such as in the Xinjiang Autonomous Region. Furthermore, Chinese policy towards India is still built on close trade ties, with China still being India’s second largest trade partner. Recent calls within India to ban Chinese goods bears witness to this fact which China is well cognizant of.

Hence, with regard to China’s self-avowed desire to remain neutral amidst the Indo-Pak rivalry, the onus does perhaps lie on China to reduce its inclinations towards Pakistan to some degree in favor India. However, considering India’s own ambiguity and uncertainty with regard to its role as an emerging power, India has itself offered little room or incentive by way of addressing the rise of China. India’s obsession and deep seeded insecurity with respect to Pakistan has instead greatly limited its ability to form a clear and forward-looking policy for the wider region. As evident in the recent rise in tensions following Pulwama, the Indian approach can only be characterized as being more reactive than proactive in nature, lacking any hint of direction or vision it might have for the South Asian region.

Therefore, the fact remains that even though China has been looking to adopt a more neutral position between India and Pakistan, India’s own uncertainty, lack of political will, and its incessant obsession with Pakistan has done little with regard to its attempt of serving as an emerging power within the region. Hence, while China may be unwilling to alter the regional status-quo based on its actions and policy towards South Asia, it is the uncertainty and lack of a clear direction from India that has allowed bilateral ties between Pakistan and China to have a profound regional impact even beyond South Asia.  

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South Asia

Countering Terrorism and the dawn of CPEC

Sabah Aslam

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China-Pakistan Economic Corridor (CPEC) is much more than just a development deal between two states; it is to a large extent a mega-project which encompasses many foyers of economy, trade and politics as well as strategy between two highly important states within Asia. It incorporates developing a network of roads, pipelines, and railways which connects Balochistan province in Pakistan with Xinjiang in China. It has heralded a cross country exchange of nationals who are working day and night to make this mega-project a successful one. At present, there is an estimate of around 20,000 Chinese nationals working across Pakistan, and this means that around 70,000 short-term visit visas are being issued each year.

But with all this being said, it needs to be understood that the current state of terrorism is threatening to the entire Endeavour and this needs to be catered to. There are countless foreign forces which are at work to derail this mega-project and Pakistan is understandably doing its part, but it also opens susceptibility for China. There is also a propaganda being floated around by some hostile forces which are against CPEC and this revolves around the perspicacity of China being a so called “future colonizing power” as well as the issue of Uyghur Muslims in Xinjiang. This can add to some inside forces operational in making CPEC more vulnerable and sensitive. Furthermore, there is a threat of terrorism which is being emanated within the Baloch Insurgents as well as the added foreign pressure of other Islamist terrorist groups particularly the Islamic State’s (ISIS) local affiliates in the country.  The terror attacks which rocked Balochistan in December 2018 and January 2019 are testimonies of this.

To begin with it must be cleared that currently the Baloch insurgent groups have exhibited signs of antagonism toward the Chinese presence in Pakistan. This province has a dire sense of dearth paralleled with other provinces and because of this under-development and political instability there is a lack of trust within Baloch people towards the Federal governments. Adding the Chinese presence in this atmosphere has only proven to further this lack of trust and probable resentment. The idea of exploitation of local resources by the Chinese is a coming propaganda which has already surfaced and will be pushed by some entities which do not wish for CPEC to succeed. A total of six Baloch separatist groups have publicised displeasure toward the Chinese presence, which is impaired by the government’s inability to address Baloch grievances. In the year 2018, Allah Nazar Baloch who is the commander of the Baloch Liberation Front (BLF) addressed a letter to the Chinese ambassador to Pakistan, stating that Chinese nationals, including fishermen, laborers, and tourists, are legitimate targets for attacks. Furthermore, in 2018 the BLA (Baloch Liberation Army) targeted a bus transporting Chinese engineers in the Dalbandin district in a suicide bombing.

Moreover the Islamic State’s (IS) local branch for the Afghanistan-Pakistan region, Islamic State Khorasan Province (ISKP), has also targeted Chinese presence in Pakistan. The IS has labelled China an “oppressor of Muslims similar to Israel, India, and the U.S.” in the past. The increasing Chinese presence in Pakistani provinces gives these networks an opening to gain conspicuousness and coverage by targeting foreign nationals and business professionals which adds to their importance as well. With the Islamic State’s territorial defeat in Iraq and Syria, a possible shift toward Afghanistan and Pakistan as a safe-haven for operations, and portrayal of itself as a group that is as strong now as it was back in 2014.

China has strategic geostrategic interests in Pakistan which will be indomitable to avert CPEC from failing or its interests being targeted by terrorist and separatist groups. China has no doubt become more inclined to strengthen its counterterrorism cooperation with Pakistan since 2015, the most recent example of which is the joint training exercise conducted in Punjab province in December 2018. Previously China has patented the TTP as a serious and well-engineered menace to peace and stability within Pakistan which adversely impacts the Chinese position in the state after the group threatened to cut off access to the Karakoram Highway.

The combativeness in Balochistan province is largely advocated to be a product of the proxy war between India and Pakistan. Pakistan has by and again claimed that Indian intelligence is tangled in Balochistan and has been capitalising on the militancy in the province. These proclamations were broadened in 2016, when an Indian national Kulbhushan Jadhav, was arrested and indicted by Pakistan of being a spy.

These loopholes present in security can add up to the overall stagnation and possible blacking out of the $62 billion dollar deal between two prominent states. If this deal goes through, Balochistan will be resuscitated and has the potential to turn into a developing province for the future. Of course Pakistan and its policy makers are not completely phased out as there is an active unit of forces which are taking care of the impeding issue at hand. The collaboration between Pakistan and China has enhanced and this vulnerability does not need to be worried about much in the context of the larger strategic cooperation. CPEC is prone to terrorism but it is also prone to safeguarding the project, the intensity of which far exceeds the threats. Furthermore, the Pakistan-China cooperative partnership to counter-terrorism is need of time, especially when the BRI is transforming the world from geo-political to geo-economic phase. Mutual trust, joint efforts, and regional cooperation is the key to completely eliminate the scourge of terrorism from the face of earth.

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