Connect with us

South Asia

India: Popular anti-liquor movement in Tamil Nadu

Published

on

[yt_dropcap type=”square” font=”” size=”14″ color=”#000″ background=”#fff” ] T [/yt_dropcap]oday Tamil Nadu, like in most of states, is undergoing serious crises. Communal flare-ups by the government and Hindutva parties is worst problem the nation is facing now.

Tamil Nadu is often in news for wrong reasons. Besides the rift within the ruling AIADMK sweeten the warring factions led by former CM and Jayalithaa’s Lieutenant O. Panneerselvam and jailed Sasikala represented by CM Palanisamy, there are other problems like the strong farmers’ movement for justice and the people’s movement to make the state from liquor by implementing the prohibition in total, among other strikes by state government employees with demands.

On the one hand, people of India, the land of Mahatma Gandhi who opposed liquor, seeks total prohibition and on the other the governments lift prohibition in order to get more revenues and help the rich and liquor traders make more profits to let them grow richer while the poor suffer from the ill-effects of liquor consumption against popular will and wishes.

That is violation of popular democracy.

Prohibition in India

Logically speaking entire India should be a non-liquor nation and a total prohibition should be put into practice sincerely. .

Anti-liquor campaign is not restricted to Tamil Nadu alone. Though Gujarat is popularly known as the ‘dry state of India’, Nagaland and Lakshadweep too have implemented total prohibition.

Bihar banned sale and consumption of liquor from April 1.Manipur, which was under total prohibition until 2014, lifted curbs in select areas. Kerala is in the process of phasing out liquor. It was the only other State, where a government-owned corporation sold liquor. Haryana tried its luck in bringing total prohibition in 1996. The move affected the government revenue to the tune of Rs. 1200 crore. The State suffered loss of over 20,000 jobs as breweries were closed down. The Haryana Vikas Party-led government introduced more taxes. As a result the party lost the 1998 parliamentary elections. The same year it lifted the liquor ban.

After the first general elections for free India in 1952, the Congress came to power in Tamil Nadu. The Prohibition Act was enforced throughout the State. Tamil Nadu continued to impose prohibition, while Andhra Pradesh and Mysore (later renamed as Karnataka), which were carved out of Madras Presidency, did not have any such restrictions on alcohol. In 1971, the DMK government headed by M. Karunanidhi lifted prohibition, despite stiff opposition from many quarters, including Rajaji, who unsuccessfully attempted to persuade the then chief minister against reintroduction of liquor.

Karunanidhi’s argument was that while he was always for prohibition, since it was not enforced across the nation, the State was only incurring loss of revenue and liquor was always available to the people from the neighbouring States. He brought back prohibition in 1974. Decades later, Karunanidhi has now vowed to bring back total prohibition, if voted to power.

The AIADMK founder M.G. Ramachandran (MGR) who actively canvassed against liquor, lifted prohibition in 1981, only to close down all arrack and toddy shops early in 1987. In 1983, the MGR government established the Tamil Nadu State Marketing Corporation for procurement and selling of alcohol in the State. Licenses to liquor-selling outlets and bars were granted through auctions. Incidentally, in 1981, the government created Tamil Nadu Spirit Corporation too and manufactured liquor until 1987, when the company was shut down.

Successive governments tweaked the policy on sale of arrack and toddy, but the policy by and large left Indian-Made Foreign Liquor untouched. Whenever prohibition was imposed, the illegal sale of toddy and arrack would peak, resulting in loss of several lives, and thus paving way for lifting the ban.

Another prominent reason given for lifting curbs on liquor sales was rampant increase consumption of methanol, an industrial solvent. In January 2002, the Tamil Nadu government under >O. Panneerselvam started selling low-cost liquor after over 100 people died the previous year due to methanol consumption. Low-cost liquor was, in fact, sold in the 1990s by the government.

Anti-liquor movement

People of Tamil Nadu spearhead the anti-liquor movement earnestly and continue to struggle to get all liquor outlets run by the state government. As common folk take steps to shut down the liquor vending shops, there exists a tensed situation all over the state. In many places people and police clash as they demolish the state liquor shops.

In August 2015, a dawn to dusk bandh called by some opposition parties in Tamil Nadu did not disrupt normal life even as the state witnessed a series of protests demanding total prohibition. The anti-liquor movement in Tamil Nadu appears to be growing stronger with the protestors demanding that all liquor stores be shut. Outside the Madras High Court, a group of law college students staged a protest demanding prohibition. The police were out in large numbers to prevent violence across the state after student protesters ransacked a state-run liquor store in Chennai. A protestor said, “The police is the one protecting the The Tamil Nadu State Marketing Corporation (TASMAC) . We are protesting against the government in peaceful manner.”

Popular anti-liquor movement positively influenced the policies of major parties. It came as nothing short of a shock to other political parties when Jayalalithaa did a volte-face barely a month before the elections – promising phased prohibition in the state. The move virtually pulled the rug from under the opposition DMK, which wanted to make prohibition one of its main poll planks.

In April 2016, while kicking off the AIADMK’s campaign seeking a second term, the then Tamil Nadu Chief Minister Jayalalithaa had announced that her government will implement prohibition in a phased manner if her party is voted to power. A couple of months before the poll, minister for prohibition and excise Natham Viswanthan declared in the assembly that liquor prohibition was not on the state’s agenda – a move that was welcomed by employees in the liquor trade as well as the Tamil Nadu liquor consumers’ association.

It came as nothing short of a shock to other political parties when Jayalalithaa did a volte-face barely a month before the elections – promising phased prohibition in the state. In fact, the move virtually pulled the rug from under the opposition Dravida Munnetra Kazhagam (DMK), which wanted to make prohibition one of its main poll planks. Former deputy chief minister and party treasurer MK Stalin had dedicated his mass contact programme – Nammakku Naame – last year to affirming that the M Karunanidhi-led party would enforce prohibition in the state if voted to power. The DMK in its election manifesto released on Sunday promises total prohibition in the State. The P-word is likely to figure in the manifestos of all major political parties and alliances.

The AIADMK government’s eleventh-hour move – seemingly aimed at appeasing the state’s sizeable chunk of women voters – also exposed her to sharp attacks from opposition leaders. “What has she been doing for five years now?” chorused opposition leaders EVKS Elangovan of the Congress, Tamilisai Soudarrajan of the Bharatiya Janata Party (BJP), Anbumani Ramadoss of the Pattali Makkal Katchi (PMK) and Captain Vijayakanth of the Desiya Murpokku Dravida Kazhagam (DMDK) – alleging that her move was inspired by politics, not public welfare.

DMK patriarch M Karunanidhi promised total prohibition in the party manifesto released on Sunday, an assurance that Jayalalithaa criticised by saying that the DMK leader did not have the moral right to assure any such thing when it was he who had lifted the ban way back in 1971.

Tamilisai Soundarrajan, president of the BJP’s Tamil Nadu unit, claimed that neither the DMK nor the AIADMK were serious about enforcing prohibition. “Jayalalithaa’s promise of phased prohibition is as unbelievable as Karunanidhi’s declaration of total prohibition,” she told mediapersons on Monday, adding that the BJP stood for prohibition in the state because it cared for the plight of the poor.

While PMK chief ministerial candidate Anbumani Ramadoss wondered why Jayalalithaa had suddenly remembered prohibition, he did not fail to notice the silver lining in the announcement. “Even so, it is a victory for us as we were the ones who first launched the campaign for total prohibition,” he said.

Prohibition law

Alcohol Prohibition in Tamil Nadu is governed by State Prohibition and Excise department as per Tamil Nadu Prohibition Act, 1937. TASMAC, state government owned company controls the wholesale and retail vending of alcoholic beverages in the State. On 2016 may 24, After swearing-in J. Jayalalithaa has announced to close 500 liquor shops and reduce the business hours of State-run liquor shops across the State.[1] On 20 February 2017, The first office order signed by the Chief Minister Edappadi K. Palaniswami was the closure of 500 liquor outlets owned by the public sector TASMAC. This is in addition to the 500 liquor outlets closed down by late Chief Minister J Jayalalithaa in May 2016.

Madras Abkari Act, 1886 was imposed and set in place a strict regulation which banned the local manufacturing of alcohol and confined it to central distilleries where excise duty was paid prior to being sold.[2] This British tax policy favored the consumption of foreign liquors over more traditional drinks such as toddy and country liquors. One fifth of the Madras Presidency population consumed alcohol. Excise revenue from Madras Presidency accounted for as much as 38% of its total revenue. Though prohibition was relaxed on other states after independence including former Madras Presidency regions, Tamil Nadu continued to adopt total prohibition until 1971. In 1971 the DMK government led by M. Karunanidhi suspended it in 1971 and allowed the sale of arrack and toddy. But later, the same government stopped the sale of these in 1974.

In 1981, the AIADMK government headed by actor turned politician M.G. Ramachandran lifted prohibition and reintroduced the sale of arrack and toddy. Due to wide use of the methanol in industries and there were no restrictions in other States, In 1984 September methanol was removed from the purview of the Tamil Nadu Prohibition Act. In 1987, the sale of arrack and toddy was again banned. During 1975-76 and 1988–90, illicit liquor claimed many lives in Tamil Nadu. In 1990, the DMK government revived the sale of arrack and toddy. In 1991 July 16, again the sale of arrack and toddy was banned by new government led by J. Jayalalithaa. Methanol was substituted and consumed under the illegal liquor trade. In 2002, Methanol brought again under Prohibition act.

The erstwhile Madras Presidency had implemented prohibition in Salem district as early as 1937 and gradually expanded it to several other areas. In order to compensate the loss incurred, sales tax was introduced by the Congress government headed by C. Rajagopalachari aka Rajaji. The government would grant ‘permits’ to individuals, who wish to consume liquor.

On October 30, 2015, police arrested Kovan alias Sivadas, a folk singer and a member of extreme Left group Makkal Kalai Iyakkam, who was criticising government’s way of earning revenue by selling liquor. He was slapped with sedition charges claiming that his songs were anti-state and criticised Ms. Jayalalithaa. Most of the opposition parties rallied behind Kovan and sought his immediate release. Kovan is now out on bail.

Liquor policy

Prohibition was first introduced at Salem in 1937, and then implemented in other parts of the state in phases. In 1971, the DMK government headed by M Karunanidhi withdrew prohibition in view of the state’s “bleak economic situation”.

Even at the height of the anti-liquor movement in Tamil Nadu last October, the All India Anna Dravida Munnetra Kazhagam (AIADMK) government slapped sedition charges against folk singer S Kovan for criticising chief minister J Jayalalithaa over her reluctance to ban liquor trade in the state.

Calls for prohibition in Tamil Nadu have grown louder after activist Sasi Perumal died while demanding the closure of a liquor store in Kanyakumari on Friday. Following his death, opposition parties like the MDMK and the VCK called for a state-wide dawn to dusk bandh. But normal life remained largely unaffected with shops remaining open and buses plying across the state. Leading the protest, former MP and VCK leader Thol Thirumavalavan said, “We are protesting not to get votes, but for people’s welfare. Today the Tamil Nadu government has reached a point where they protect the TASMAC shop rather than the people of its state.”

The ruling AIADMK has however dismissed the anti-liquor protests and the bandh as a political stunt by its rivals in the run up to the 2016 Assembly elections. Considered the cash-cow for the government state-run liquor stores brought in over Rs 26,000 crore last year. CR Saraswathi, Spokesperson of the AIADMK on the eve of poll sharply reacted to the protests describing them as a mere election gimmick. She said “all these opposition party people whether MDMK or otherwise – just for election they are creating a problem. It’s not for the welfare of the people. Even Vaiko was with AIADMK and DMK alliances. They can’t face Amma on political ground. They want to create a law and order problem. People will never support them”.

But with AIADMK’s arch-rival the DMK also planning to hold protests demanding total prohibition in the days to come the question then was: will the state-wide agitation force the Jayalalithaa government to re-think its liquor policy?

TASMAC

The TASMAC is governed by a board of five IAS officers, including a Managing Director, and the State Minister for Excise and Prohibition. The company earns revenue not only from liquor sales but also by granting annual licences to run bars near its retail outlets. According to its website, the TASMAC has 41 depots in five regions and runs over 6,800 retail outlets across the State. It procures beer locally from three manufacturers and hard liquor from six manufacturers. Certain alcohol products are imported from other States.

The annual revenue of TASMAC stood at Rs. 26,188 crores in FY 2014-15.>According to government data, more than 70 lakh people consume liquor every day through TASMAC outlets. In January 2016, the company sold 48.23 lakh cases of liquor.

There was a time when alcohol consumption was linked to antagonists and Tamil cinema ‘heroes’ would avoid drinking on-screen. MGR the chief minister might have had a different stand on prohibition, but MGR the actor never drank on-screen.

In the Tamil movie Neenga nalla irukkanum, which deals with alcohol addiction, the then chief minister Jayalalithaa played herself. Her government would help a woman rehabilitate her alcoholic husband.

TASMAC has replaced ‘wine shops’, the slang to denote retail IMFL outlets. These days, Tamil protagonists and female leads do not shy away from drinking on-screen. It is common to have words such as ‘party’, ‘drinking’, ‘open the bottle,’ ‘ thanni’, ‘kudi’ and ‘TASMAC’ in Tamil film songs. There is even a Tamil cinema named Madhubaanakadai.

When Ms. Jayalalithaa came back to power in 2002, she not only cancelled her predecessor Panneerselvam’s order on cheap liquor, but also brought the retail sales of alcohol under government control. This move gave TASMAC monopoly over liquor sales in Tamil Nadu.

Ever since the TASMAC’s outlet was opened in 2012 near a school and a church, the residents of Unnaamalaikkadai in Kanyakumari district have been demanding its closure. Fifty nine year old Gandhian and anti-liquor activist Sasi Perumal joined their protest, which went to 1000th day on June 30, 2015. During the protest on July 31, Perumal climbed up a mobile phone tower and began losing his consciousness in the high altitude and was rescued and rushed to a government hospital, where he breathed his last. Following his death, protests erupted across the state targeting TASMAC outlets.

Liquor politics

Prohibition has taken centre stage in the 2016 Tamil Nadu Assembly polls, after a series of protests in 2015. Parties such as the PMK and the MDMK have consistently demanded total prohibition in the State. Former Union Minister Anbumani Ramadoss, the CM candidate of the PMK, in his ‘blueprint for development’ not only mentions closure of government-run liquor shops, but also claims to have alternative revenue sources to offset revenue loss from prohibition.

Tamil Nadu was probably the first State to have a blanket ban on liquor. Today, several of the State’s welfare measures, including freebies, are funded by the revenue earned through liquor sale.

Government had to give police protection to these shops. The outlet in Unnaamalaikkadai was shut down immediately after Perumal’s death, but only to be reopened few days later.

Targeting the upmarket segment, the company opened its first premium outlet, TASMAC Elite, inside a shopping mall in Chennai in 2013. There are plans to open over 450 Elite outlets in urban and semi-urban areas in every district.

While political parties such as the PMK and the MDMK were consistent in demanding a total prohibition, they often protested against setting up new TASMAC outlets and the recent TASMAC Elite. Gandhian movements, women’s groups and civil society have voiced against more individuals, especially youths, being lured into alcohol consumption. But three recent agitations are worth mentioning in the anti-alcohol fight. In August 2015, residents of Kalingapatti, a village in Tirunelveli district, tried to lock down a TASMAC outlet functioning there. The village is the hometown on MDMK chief and coordinator of the People’s Welfare Front (PWF) Vaiko. The protest was lead by his nonagenarian mother Mariammal. When protestors tried to ransack the outlet, police resorted to lathi-charge and fired tear gas. The Kalingapatti Panchayat, earlier passed a resolution demanding closure of the liquor shop. Workers of the VCK, an ally of MDMK, too joined in later.

Liquor trade thrived whether the liquor is allowed or banned by the state as most of the liquor lobbyists and traders belong to DMK or AIADMK. . Whenever government imposed prohibition, the illegal sale of toddy and arrack along with consumption of methanol, an industrial solvent resulting in loss of several lives, Which paving way for lifting the ban.[6] In 2001, prohibition was lifted again and TASMAC became the wholesale monopoly for alcohol. In January 2002, the Tamil Nadu government under O. Panneerselvam started selling low-cost liquor through TASMAC. In 2014-15, the annual revenue of TASMAC was Rs. 26,188 crores and the company sold 48.23 lakh cases of liquor.

However, nobody seems to be talking about how the revenue loss of up to Rs 27,000 crore per annum made through the government-monopolised liquor trade will be compensated. The Tamil Nadu State Marketing Corporation (TASMAC), which controls the liquor trade in the state, has grown steadily over the years – from Rs 139.41 crore in 1983-84 to Rs 7,335 crore in 2005-06 and now to over Rs 27,000 crore. There are about 6,800 liquor outlets in the state.

Observation

Tamil Nadu government must, in view of strong anti-liquor movement at all levels, impose total prohibition at least for full year and then v review the situation later to make remedial steps to help the poor.

The continued mass movement against liquor evils makes their life difficult as they are unable to go for daily work to earn money, make their livelihood complicated and perplexed. This in the long run would affect economy of the state. Implications are disastrous for the people and state, though the rich and liquor lobbyist continue to mint huge money.

When a government denies the rights of people and does exactly what the people do not ask for the government commits serious crimes, unless people are ultra fanatic like Hindutva minded Indians. Tamils are not demanding anything fanatically communal but only genuine needs without harming the interests of any section of the society. Tamil Nadu is committed to welfare of people and they must read and the writing on the wall and listen to their own conscience.

Instead of piling up problems, the government would do better by trying to honestly solving the people’s problems one by one. That is perhaps democracy.

India should strive for total prohibition. The Modi government should make law to declare India a liquor free nation.

Liquor should be avoided even at high parties by the government.

That is the way a government should show for the people emulate. Empty words of principles do not any sense.

Continue Reading
Comments

South Asia

The pendulum gradually swings towards international engagement with the Taliban

Published

on

Food and blankets are handed out to people in need in Kabul, the capital of Afghanistan, by © WFP/Arete

The Taliban and Pakistan, both viewed warily by the West and others in the international community, appear to be benefitting from mounting concerns about the humanitarian and security situation in Afghanistan.

The European Union, in a move that could put the United States in an awkward position, is close to reopening its mission in the Afghan capital and offering member states to use it as an operational base for their own diplomats.

The move would enhance European engagement of the Taliban but stop short of diplomatically recognizing the group as Afghanistan’s new rulers. The Taliban government has yet to win recognition from anyone in the international community.

The EU, its member states, and the United States had moved their diplomatic missions to the Qatari capital of Doha in August as they evacuated Kabul in the wake of the Taliban takeover of the city.

European officials said a reopening of the EU mission was necessary to manage a €1 billion emergency humanitarian aid package.

The United Nations’ World Food Program (WFP) and its Food and Agriculture Organization (FAO) said this week that some 19 million Afghans, or 45 per cent of the population, were experiencing “high levels of food insecurity.” That number is expected to jump to 22.8 million between November and March unless immediate action is taken, according to a report that was just released by the two agencies.

Senior United Nations officials, including Secretary-General Antonio Guterres, said earlier that one million children were at risk of starvation and death. They said Afghanistan’s poverty rate had soared and basic public services were on the verge of collapse. The crisis was worsened by the fact that hundreds of thousands of people had been made homeless as a result of recent fighting in the country.

A reopening of the EU mission in Kabul would effectively align Europe with US allies Qatar and Turkey, Pakistan, a troublesome friend, and America’s rivals, China and Russia that all favour some degree of engagement with the Taliban and in most cases a lifting of US sanctions that have blocked the group’s access to government deposits and assets abroad.

Chinese Foreign Minister, in his first meeting with the Taliban since the US withdrawal on Tuesday in Doha, called for the lifting of the sanctions, and pledged to help the group to “rebuild the country.” China has repeatedly said it was willing to work with the Taliban but has so far refrained from taking concrete steps in that direction.

The reopening of the EU mission serves the Taliban’s purpose not only as a breach in the group’s difficulty in garnering international acceptance but also because it would extend doubts about the United States’ ‘over the horizon’ counterterrorism strategy to the humanitarian and diplomatic realm.

The withdrawal from Afghanistan deprived the United States and its NATO allies of many of their on-the-ground intelligence and information-collection assets. It also means that US drones and aircraft when operating counterterrorism missions will have to fly long distances from ‘over the horizon’ facilities such as a US airbase in Qatar or naval vessels in Indo-Pacific waters.

One beneficiary of cracks in the international barrier erected around the Taliban may be Pakistan that has long been criticised for its alleged support of the Taliban.

Pakistan is like to earn brownie points for reportedly giving the Taliban intelligence and technical support in its fight against the Islamic State’s South Asian affiliate, Islamic State-Khorasan. Much of the international community is concerned about the Islamic State but has been unwilling to engage with the Taliban to counter the jihadist group.

The Islamic State has since August launched scores of attacks on Taliban targets although its three most devastating bombings struck Kabul airport in August during the US evacuation and more recently two Shiite mosques in Kunduz and Kandahar. In doing so, the Islamic State has raised doubts about the ability of the Taliban to stabilise Afghanistan.

Pakistan would likely use a successful Taliban offensive against the jihadist group to push the need for others to also engage with the Taliban.

Pakistan and some other proponents of engagement partly pin their hopes for Taliban moderation on the fact that the group is increasingly populated by a generation that came of age during the US-led occupation but has yet to make its mark.

“Routinely portrayed as archaic and extreme by critics and opponents, the new generation of Taliban are in fact a product of their times: more open to the prospect of gradual social change than their forebears yet politically more militant; English-speaking but mistrustful of the West; well-read yet wary of free expression; keen to help their country move forward but defined by its past,” said Afghan journalist Fazelminallah Qazizai.

Mr. Qazizai could well be correct. If he is, the Taliban have so far been unwilling to communicate unequivocally what their 2.0 means. Pledges on women’s rights, including secondary and tertiary education, have yet to be fulfilled.

The Taliban botched an opportunity to inspire confidence when the leader of the notorious Haqqani network, acting Afghan interior minister Sirajuddin Haqqani, recently convened family members of Taliban suicide bombers to celebrate the actions of their loved ones.

Rather than apologising to the victims, Mr. Haqqani, who has a US$10 million bounty on his head because of his close ties to Al-Qaeda, told the gathering in Kabul’s Intercontinental Hotel that was twice targeted by the group that the bombers’ “sacrifices are for religion, for the country and for Islam.” He said the Taliban would not have been able to fight the United States without the support of suicide bombers.

Mr. Haqqani may well have been catering to the Taliban’s rank and file in a bid to prevent those who may object to gradual social change from defecting to the Islamic State.

If so, Mr. Haqqani was also communicating that the Taliban may for now be in a Catch-22 as they walk a fine line between maintaining some semblance of unity within their ranks and garnering the minimal international confidence needed to address Afghanistan’s huge humanitarian and security problems.

Continue Reading

South Asia

The Khalistan nightmare

Published

on

 After several postponements, the “Punjab Referendum Commission has announced to hold the “Punjab Independence Referendum on October 31, 2021.  The Commission has been appointed by the US-based Khalistani separatist group Sikhs for Justice. The Commission” consists of “non-aligned direct democracy experts” who are to organise and hold a referendum on whether Punjab should be independent. The referendum will start in London on October 31 and then take place in other countries, including the US, Canada, Australia, and the region of Punjab, the commission stated.

Commission’ chairman M Dane Waters, based at the University of Southern California clarified that the commission’s role is to “help the SFJ conduct a referendum that is as consistent with international norms as possible”.  He added, ‘Although a non-governmental and non-binding referendum, the result will be used as the basis for the Sikh community to request an official binding vote from the United Nations on establishing the Indian governed region of Punjab as an independent homeland for the indigenous people of whom Sikhs are the single largest group’. India is irked y the date of referendum,  October 31, as on this date anti-Sikh riots, following Indira Gandhi’s assassination by his body guards, erupted, leaving 3000 to 17000 Sikhs dead.

India fought tooth and nail to forestall the intended referendum. It sent a dossier to the British government blaming Pakistan and Paramjit Singh Pamma, “an ordinary criminal”, for sponsoring the event. The UK rejected the request.

SFJ has promised help and assistance for those seeking visas to come to London to attend the rally. The organisation has booked rooms in a hotel in South all for participants travelling from outside the UK. From Britain’s Green Party, which has a lone MP in Westminster, Caroline Lucas and George Galloway, a former MP and former broadcaster respectively, have registered their support for the rally. Lucas said, `Sikh people have a right to determine for themselves whether they want to establish an independent Punjabi state’.

Why India fears the non-binding referendum?

Indian High Commission has planned a counter demonstration at the same venue few hours before the ‘Referendum 2020’ rally. India is worried that the referendum would open wounds of 1984 anti-Sikh riots.

The riots resulted in genocide of thousands of Sikhs. Not only the Congress Party leaders like Sajan Kumar and Jagadish Tytler but also police colluded with the killers. India’s then foreign minister and later prime minister Manmohan Singh said , ‘If then home minister Narisamha Rao had paid to IK Gujarat’s suggestion to call in the army, the 1984 Sikh riots could have been avoided’.(1984 Sikh riots could have been avoided if Narrasimha Rao had listened to IK Gujaral: Manmohan Singh, India Today December 5, 2019).

Desire for autonomy

Guru Gobind Singh asked Sikhs to adopt Khalsa way of life. At the gathering of 1699, Guru Gobind Singh founded the Khalsa Vani – “Waheguru ji ka Khalsa, Waheguru ji ki fateh“. He named all his followers with the title Singh, meaning lion. He also founded the principles of Khalsa or the Five ‘K’s, kara, kirpan, kachha, kais, and kanga (a wrist bracelet, underwear, long hair and a comb). The five K’s have spiritual connotation.

Sikhs have a long history of fighting repression. In 1973, Akali Dal put forward the Anandpur Sahib Resolution to demand more autonomy to Punjab. It demanded that power be generally devolved from the Central to state governments. The Congress government considered the resolution a secessionist document and rejected it.

 Jarnail Singh Bhindranwale, a prominent Sikh leader of Damdami Taksal, then joined the Akali Dal to launch the Dharam Yudh Morcha in 1982 to implement the Anandpur Sahib resolution. Bhindranwale had risen to prominence in the Sikh political circle with his policy of getting the Anandpur Resolution passed. Others demanded an autonomous state in India, based on the Anandpur Sahib Resolution.

India used iron fist tactics to gag the demand. The high-handed police treated the protesters (Dharam Yudh Morcha) as ordinary criminals. The Sikh youth retaliated by starting an insurgency. By 1983, the situation in Punjab was volatile.

Operation Blue Star

It was launched (1 June) “to remove him and the armed militants from the Golden Temple complex. On 6 June Bhindranwale died in the operation. The operation carried out in the temple caused outrage among the Sikhs and increased the support for Khalistan Movement.

Indian prime minister Indira Gandhi killed

Four months after the operation, on 31 October 1984, Indira Gandhi was assassinated by her two Sikh bodyguards, Satwant Singh and Beant Singh. Public outcry over Gandhi’s death led to the killings of Sikhs in the ensuing 1984 anti-Sikh riots.

Convictions

Very few people were punished. In Delhi, 442 rioters were convicted. Forty-nine were sentenced to the life imprisonment, and another three to more than 10 years’ imprisonment. Six Delhi police officers were sanctioned for negligence during the riots. That month, the Karkardooma district court in Delhi convicted five people – Balwan Khokkar (former councillor), Mahender Yadav (former MLA), Kishan Khokkar, Girdhari Lal and Captain Bhagmal – for inciting a mob against Sikhs in Delhi Cantonment. The court acquitted Congress leader Sajjan Kumar. But, upom revision, he was sentenced to life imprisonment.  In the first ever case of capital punishment in the 1984 anti-Sikh riots case death sentence was awarded to Yashpal Singh convicted for murdering two persons, 24-year-old Hardev Singh and 26-year-old Avtar Singh, in Mahipal Pur area of Delhi on 1 November 1984. Additional Sessions Judge Ajay Pandey pronounced the Judgement on 20 November 34 years after the crime was committed.

Investigations

Ten commissions or committees were formed to investigate the riots. But, most of the accused were acquitted or never formally charged. The commissions or committees include Marwah Commission, Misra Commission, Kapur Mittal Committee, Jain Banerjee Committee, Potti Rosha Committee, Jain Aggarwal Committee, Ahuja Committee, Dhillon Committee,

Narula Committee, and The Nanavati Commission, The most recent, headed by Justice G. T. Nanavati, submitted its 185-page report to Home Minister Shivraj Patil on 9 February 2005; the report was tabled in Parliament on 8 August of that year.

The Marwah Commission was appointed in November 1984. As Marwah was completing his inquiry in mid-1985, he was abruptly directed by the Home Ministry not to proceed further. The Marwah Commission records were appropriated by the government, and most (except for Marwah’s handwritten notes) were later given to the Misra Commission.

The Misra Commission was appointed in May 1985; Justice Rangnath Misra submitted his report in August 1986, and the report was made public in February 1987. In his report, he said that it was not part of his terms of reference to identify any individual and recommended the formation of three committees.

 While the commission noted that there had been “widespread lapses” on the part of the police, it concluded that “the allegations before the commission about the conduct of the police are more of indifference and negligence during the riots than of any wrongful overt act.”

The Kapur Mittal Committee was appointed in February 1987 at the recommendation of the Misra Commission to enquire into the role of the police; the Marwah Commission had almost completed a police inquiry in 1985 when the government asked that committee not to continue. Although the committee recommended the dismissal of 30 of the 72 officers, none have been punished.

The Potti Rosha Committee was appointed in March 1990 by the V. P. Singh government as a successor to the Jain Banerjee Committee. In August 1990, the committee issued recommendations for filing cases based on affidavits submitted by victims of the violence; there was one against Sajjan Kumar.

The Jain Aggarwal Committee was appointed in December 1990 as a successor to the Potti Rosha Committee. The committee recommended the registration of cases against H. K. L. Bhagat, Sajjan Kumar, Dharamdas Shastri and Jagdish Tytler.

The Ahuja Committee was the third committee recommended by the Misra Commission to determine the total number of deaths in Delhi. According to the committee, which submitted its report in August 1987, 2,733 Sikhs were killed in the city.

The Dhillon Committee, headed by Gurdial Singh Dhillon, was appointed in 1985 to recommend measures for the rehabilitation of victims. Although the committee recommended ordering the (nationalised) insurance companies to pay the claims, the government did not accept its recommendation and the claims were not paid.

The Narula Committee was appointed in December 1993 by the Madan Lal Khurana-led BJP government in Delhi. One recommendation of the committee was to convince the central government to impose sanctions.

Khurana took up the matter with the central government, which in the middle of 1994, the Central Government decided that the matter did not fall within its purview and sent the case to the lieutenant governor of Delhi. It took two years for the P. V. Narasimha Rao government to decide that it did not fall within its purview.

The Narasimha Rao Government further delayed the case. The committee submitted its report in January 1994, recommending the registration of cases against H. K. L. Bhagat and Sajjan Kumar. Despite the central-government delay, the CBI filed the charge sheet in December 1994.

The Nanavati Commission was established in 2000 after some dissatisfaction was expressed with previous reports. The commission reported that recorded accounts from victims and witnesses “indicate that local Congress leaders and workers had either incited or helped the mobs in attacking the Sikhs”. Its report also found evidence against Jagdish Tytler “to the effect that very probably he had a hand in organising attacks on Sikhs”.It also recommended that Sajjan Kumar’s involvement in the rioting required a closer look. The commission’s report also cleared Rajiv Gandhi and other high ranking Congress (I) party members of any involvement in organising riots against Sikhs.

Role of Jagdish Tytler

In March 2009, the CBI cleared Tytler amidst protests from Sikhs and the opposition parties.

Concluding remark

At present the Sikhs are distraught by farmers’ prolonged protest and pettifoggery among political leaders. Former Punjab chief minister Amarinder Singh’ rivals remind  him that Pakistani journalist Aroosa Alam, his sweetheart, is a Pakistani agent. Still, the referendum may gain momentum in future.

Continue Reading

South Asia

Did India invade Kashmir?

Published

on

Friday prayers in Srinagar, Jammu and Kashmir. © John Isaac

Pakistan has decided to observe 27th October as Black Day. This was the day when, according to India’s version, it invaded the disputed Jammu and Kashmir State.  India says that Pakistan had earlier entered a lashkar (irregular forces) into Kashmir on 22nd October. But, it is eerie that India never approached the International Court of Justice, as pointed out by Josef Korbel  (the author of the Danger in Kashmir), or the  United Nations (under Chapter VII of the UN Charter) to get Pakistan declared an aggressor. It approached the UN under Chapter VI of the UN charter (mediation). India’s invasion of Kashmir is based on myths .

Myths

India claims that ‘Maharaja Hari Singh signed the treaty of accession with the Indian Dominion on October 26, 1947’. As such, India was justified in marching invading Srinagar. . As for the ‘accession instrument’ argument, curious readers may refer to Alastair Lamb’s ‘Incomplete Partition, Kashmir – A disputed legacy 1846-1990’, and ‘Birth of a Tragedy’.

On the question of who the ‘aggressor’ was, the factual position is that India marched its troops into Kashmir without Maharajah’s permission – a blatant act of aggression (Alastair Lamb, ‘Incomplete Partition , Chapter VI: The Accession Crisis. Lamb concludes: ‘According to Wolpert, VP Menon returned to Delhi from Srinagar on the morning of October 26 with no signed Instrument of Accession. Only after the Indian troops had started landing at Srinagar airfield on the morning of October 27 did VP Menon and MC Mahajan set out from Delhi from Jammu. The Instrument of Accession, according to Wolpert, was only signed by Maharaja Sir Hari Singh [if signed at all] after Indian troops had assumed control of the Jammu and Kashmir State’s summer capital, Srinagar.

Lamb regards the so-called Instrument of Accession, ‘signed’ by the maharajah of Kashmir on October 26, 1947, as fraudulent. He argues that the maharajah was travelling by road to Jammu (a distance of over 350 km). How could he sign the instrument while being on the run for the safety of his life? There is no evidence of any contact between him and the Indian emissaries on October 26, 1947. Lamb points out Indian troops had already arrived at and secured Srinagar airfield during the middle of October 1947. On October 26, 1947, a further airlift of thousands of Indian troops to Kashmir took place.

The UN outlawed the ‘accession’; the accession resolution, passed by the occupied Kashmir’s ‘constituent assembly’ is void. Aware of India’s intention to get the ‘Instrument of Accession’ rubber-stamped by the puppet assembly, the Security Council passed two resolutions, Security Council’s Resolution No 9 of March 30, 1951, and confirmatory Resolution No 122 of March 24, 1957, to forestall the ‘foreseeable accession’. It is eerie to note that the ‘Instrument of Accession’ is not registered with the United Nations. India took the Kashmir issue to the UN in 1948 under article 35 of Chapter VI which outlines the means for a peaceful settlement of disputes on Jammu and Kashmir State, not under Chapter VII dubbing Pakistan as ‘aggressor’. India knew at heart that she herself was an aggressor.

In his books, based on Nehru’s declassified papers, speeches and correspondence, Avtar Singh Bhasin debunked Nehru’s perfidious failure to hold a plebiscite. In Chapter 5 titled Kashmir, India’s Constitution and Nehru’s Vacillation (pages 51-64) of his book India and Pakistan: Neighbours at Odd he makes a startling revelation. Nehru discarded Maharajah’s and Kashmir assembly’s ‘accession’; in a letter dated October 31, 1947, addressed to the disputed state’s prime minister, he shrugged off ‘accession’. He said in the letter, ‘after consideration of the problem, we are inclined to think that it [plebiscite] should be held under United Nations’ auspices’ (p. 28 ibid..). He reiterated in New Delhi on November 3, 1951, that ‘we have made it perfectly clear before the Security Council that the Kashmir Constituent Assembly does not [insofar] as we are concerned come in the way of a decision by the Security Council, or the United Nations’(SWJ: Volume 4: page 292, Bhasin p.228). Again, at a press conference on June 11, 1951, he was asked if the proposed the constituent assembly of Kashmir ‘decides in favourof acceding to Pakistan, what will be the position?’ he reiterated, ‘We have made it perfectly clear that the Constituent Assembly of Kashmir was not meant to decide finally any such question, and it is not in the way of any decision which may ultimately flow from the Security Council proceedings’. He re-emphasised his view once again at a press conference in New Delhi on November 3, 1951. He said ‘we have made it perfectly clear before the Security Council that the Kashmir Constituent Assembly does not [insofar as] we are concerned come in the way of a decision by the Security Council or the United Nations’. Bhasin points out, ‘at a press conference on July 24, 1952, when asked what the necessity of plebiscite was now that he had got [accession by] the Constituent Assembly, he replied “Maybe theoretically you may be right. But we have given them assurance and we stand by it. Bhasin points out Nehru made a ‘tactical error’, one ‘of committing himself to the UN’.Accession documents are un-registered with the UN.

Concluding remarks

India’s prime minister Modi cartographically annexed the disputed state, spurning the UN resolutions and the Simla Accord. Let India know that a state that flouts international treaties is a rogue state: pacta sunt servanda, treaties are to be observed and are binding on parties. Mushtaqur Rehman elaborated why Kashmir is the most dangerous place in the world (Divided Kashmir: Old Problems, New Opportunities for India, Pakistan and the Kashmiri People, 1996, pp. 162-163).No talks, no mediation. That is an open invitation to war, perhaps a nuclear Armageddon.

Continue Reading

Publications

Latest

Reports1 hour ago

Financial Services Study Reveals Emerging Tech-driven Systemic Risks

Accelerated technology adoption in the financial services sector is creating new systemic risks to the global financial system, according to...

Style3 hours ago

Why A Wristwatch Is A Timeless Gift

Have you heard the saying, “An outfit is never complete without a wristwatch?” I feel that your outfit lacks the...

Science & Technology3 hours ago

E-sport and video gaming as a new frontier for sustainability

In today’s modern world, sustainability issues and challenges require collaboration of people from all sectors within the society. Especially, during...

Environment5 hours ago

CEOs Urge World Leaders to ‘Do More Together’ in the race to Net Zero

The Alliance of CEO Climate Leaders, hosted by the World Economic Forum, appealed to the governments and world leaders to...

Green Planet7 hours ago

COP 26 must yield pragmatic outcomes to sustain livelihoods

Glasgow is now ready to host the United Nations Climate Change conference, popularly known as COP 26 (i.e. the 26th...

New Social Compact9 hours ago

Feminism: A Critique of Realism and The Way Forward

In around eighteen countries of the world, for e.g. Bolivia, Iran, Qatar, Sudan and Syria, men can legally stop women...

International Law11 hours ago

Time for a Consolidated Russian-Chinese Approach to Modernize and Reform UN

When it comes to reforms of the United Nations, it is indispensable for China and Russia, as long-time UN champions...

Trending