The idea of gender justice is the substantive recognition of equality in its ethical syntactics, but it remains in a vacuum unless and until it is manifested in pragmatics in the lives of the women and girls. The gender justice is the target to achieve full equality with equity among women and girls and men and boys in all spheres of human development.
The gender justice is the result of men and women jointly defining and shaping the policies and structures on the anvil of equality in the civil society. The gender justice confronts the discrimination against women and girls that have been affecting the lives of women since time immemorial and is the most widespread and acute human rights violations. Discrimination prevents women and girls from accomplishing their socio-political, eco-cultural and lego-institutional objectives ordained in all regions, all constitutions and based on the ordinary prudence of equity, equality and a clear conscience. The gender justice makes available to women equal rights with men in all spheres of human life including matrimonial relationships that has been an institution of gender abuse, women subjugation, and women exploitation to the hilt among the Muslim community in India. However, other religious communities in India also have the privilege to demean their wives in different departments of life but Muslims in the name of Islam have denied and deprived Muslim women from their lawful claims, entitlements, and rights provided in the Holy Quran particularly their rights in conjugal causes by limiting their ability to access Quranic model of dissolution of Muslim marriage that invokes religious syntactics in interpreting their rights.
The tyranny of Triple Talaq or Triple Divorce has been put in the ground for once and all on August 22, 2017, which was litigated before the highest judicial establishment of India. It is, indeed, a great occasion for an audacious assembly of Muslim women for winning their legitimate rights within the walls of the constitutional sanctity of Quranic idea of annulment of marriage. They have dauntlessly and successfully challenged the parochial, disgraceful and despicable practice of subjugation of Muslim women that too in the name of the un-Islamic orientation of Islam. The Supreme Court (SC) of India delivered a jolt to perpetrators of Triple Talaq practice who circumvented all standards of human civility, spousal equality, and the rule of law. The latest SC verdict in the Triple Talaq Case is capable of addressing the gender justice project across the religious denominations in India. In fact, the beginning of the social justice movement in India against the Triple Talaq initiated on 18 April 1966, in Maharashtra for protecting the Muslim women’s rights. In other parts of the world, for example, there are many countries in the Arab peninsula such as Algeria, Egypt, Iraq, UAE, Kuwait, Jordan, Lebanon, Libya, Morocco, Sudan, Syria, Tunisia, and Yemen who have promulgated the laws against the practice of Triple Talaq. Thus, the Triple Talaq is not Islamic, and it is a departure and deviation from the tenets of the Holy Quran to undermine the Muslim women rights on divorce, and it has also been outlawed in many other countries including Pakistan.
Triple Talaq Wiles
Primarily, the Muslim women contended that the practice of Triple Talaq is unconstitutional and it has attained the ugliest form since Triple Divorce is being pronounced by the SMS Text, phone, email, and Whatapps, etc. The SC has viewed that the practice of Triple Talaq is the cruelest, vilest and undesirable form of Muslim marriage dissolution barring few exception of its recognition in some of the schools of Muslim law as observed and practiced in India. Many scholars and academic described the method of Triple Talaq detestable, repulsive, repugnant, and discriminatory to the core that deprives the constitutional right to equality and incompatible with the tenets of the Holy Quran. Therefore, no volume of advocacy can justify its retention. Even GOI had designated all forms of Talaq provided in the Holy Quran such as Talaq-e-Hasan and Talaq-e-Ahsan, as “unilateral” and “extrajudicial” inconsistent with the Constitution of India. However, Kapil Sibal argued on behalf of AIMPLB that the practice of Triple Talaq has been prevalent since 637 AD and cannot be said as un-Islamic and Muslims have been practicing it for the last 1400 years. Unfortunately, that makes it more dangerous and detrimental to the cause of Muslim women’s right to equality. The AIMPLB has behaved arrogantly and irresponsibly in this matter and did not come out with any credible proposal during marathon hearing of the case despite the fact there was opposition to this abhorrent practice in the Muslim community. Therefore, the SC put right a historical wrong that had demeaned the idea of gender equality and perpetuated discrimination based on patriarchal supremacy, bad in theology and sinful and reformed the miasma that was imposed upon the Muslim women.
Gender Justice Law & Sensitization
The people with a preference for homosexuality, lesbianism, gay, transgenderism, and queer (LGBTQ) and cross dressings are illegal in many Muslim countries like Saudi Arab, UAE and a sizable section of Muslim community in India consider these orientations and punishable offensive with prison terms. Therefore, the issue of gender justice in Muslim Personal Law has not been attended sensitively, and it was always entwined with a controversial issue of Uniform Civil Code (UCC) that has deflected the larger issue of gender justice. The UCC has been floated as a plausible alternative to achieve the unachievable in the present circumstances. There is no attempt to decipher and define the contours of the UCC about marriage, divorce, maintenance, inheritance rights, matrimonial property rights and custody of children, etc. Presently, these are the contentious issues simmering in all the religious communities, and all communities consider their religious laws and practices inviolable and unimpeachable to the hilt. For example; the position of Hindu community is dicey and volatile on the dilution of HUF (Hindu Undivided Family) that brings them huge tax concessions and exemptions and other benefits. Therefore, there cannot be utopian UCC likely to be a launch pad for social reforms and gender justice in future. The women movements and organizations like AIDWA (All India Women’s Democratic Association) have been spearheading the cause of equal rights and equal laws for the women and girls to ensure gender parity in all communities in India. AIDWA has supported the significant movement led by Mary Roy for women’s inheritance rights of the Syrian Christian Women. However, a large section of the Christian clergy has started a campaign to demand that the Christian Personal Laws relating to marriage, divorce, and inheritance must be reformed while taking into global norms of gender justice. Among the Muslims, after the Triple Talaq, the practices of Halala, and polygamy must also be addressed with greater vehemence and vitality.
There are many relevant provisions of the Indian Penal Code (IPC), 1860 like Sections 294 [singing lewd songs and demanding sexual favours], 354 (A) [Making unwanted physical contact] (C) [Voyeurism] & (D) [Stalking], 503 [Criminal Threat], 499 [Morphing pictures of women], 509 [Making sexually coloured remarks against women], Section 67 [posting any obscene or defamatory material on online platforms] of the Information Technology Act, 2000, There are some legislations enacted like Domestic Violence Act, 2005, Prohibition of Dowry Act, 1961, and the Sexual Harassment of the Women at Workplace-Prevention, Prohibition and Redressal-Act, 2013 and other laws and judicial guidelines against sexual harassment; rape and incidental offences laid down in the matter of Vishaka v. State of Rajasthan & Others that have been appreciated through the lenses of gender equality. The SC had perceived sexual harassment in the workplace as a social problem of considerable magnitude based on discriminatory tendencies against women. The court stated that “Gender equality embraces protection from sexual harassment and the right to work with dignity, which is a universally recognized fundamental human right.” In reality, it is the Libidinal Perversion Gratification (LPG) mindset of the menfolk that works against the women in the public space as well as on the internal walls. All these laws have been enacted under the mounting pressure, but there are many violations of these statutes than the compliance with their provisions. The implementation of these laws has become the biggest challenge in the wake of entrenched patriarchy in all the religious communities in India. The patriarchal mindset has seeped deep into the government and its instrumentalities resulting in the incremental incidences of crimes against women. Thus, it is time to implement these legislations without brooking an iota of discrimination and to establish India as a modern liberal democracy.
Supreme Court of India
The constitution bench of five-judges of the Supreme Court (SC) of India has delivered the historical and unprecedented judgment and rightly banned and declared the practice of unilateral Triple Talaq (also known as Talaq-e-Biddat—Innovative Divorce) unconstitutional and ultra-vires of the Constitution of India. It is now unequivocally established that Triple Talaq is not fundamental to the religion of Islam in India that has often been misused whimsically against Muslim women contrary to gender jurisprudence evolved by the SC and principles of equality as ordained in the Constitution of India, international human rights law, and Holy Quran. The judgement has the guidance from Muslim Law in India and Abroad by Prof. Tahir Mahmood, and SC has identified as many as 19 countries including Egypt, Pakistan, and Turkey and other nation-states from Arab peninsula, South-East Asia, and South Asia that have abolished Triple Talaq and SC has consulted and cited the laws of these countries. This judgment is not against any individual or any institution, organization or religion of Islam rather the true meaning and spirit of the Holy Quran has been delineated on the idea of individual rights, the rule of law, and human rights enunciated in the Constitution of India.
The constitution bench consisted of judges from different religions—Hinduism, Islam, Sikhism, Christianity and Parsi headed by CJI Justice J.S. Khehar, and other Justices U.U. Lalit, S Abdul Nazeer, Kurian Joseph, and R.F. Nariman and they had examined a bunch of seven petitions including the five individual petitions filed by Muslim women challenging the practice of Triple Talaq in the Muslim community. The bench set aside the cruel practice of Triple Talaq by a 3-2 majority. Justice Nariman and Justice Lalit set it aside by terming it unconstitutional and contravening the Article 14 while Justice Joseph also set it aside on the ground of its being against the teachings of the Holy Quran. The CJI Mr. Justice J.S. Khehar and Justice Abdul Nazeer supported the Triple Talaq and recognized that the Triple Talaq was part of Muslim Personal Law and, thus, enjoys the status of fundamental rights.
The Holy Quran & International Law
The Triple Talaq verdict has created a new space for gender justice, and the court treated the women’s rights as human rights under International Human Rights Law. Therefore, the court has recognized the Quranic injunctions on gender equality that Muslim women lacked for centuries. In the Holy Quran, the Triple Talaq is pronounced by a man with the word Talaq speaking thrice over the period of three months. In such a manner, a person may withdraw his word of Talaq twice before finally pronouncing it to end the spousal relationship. Therefore, the Marriage Dissolution under Quranic Mechanism has a justification to establish that a marital union does not conclude by uttering Talaq thrice in one go due to sudden provocation, intoxication, and anger. However, during the life of Prophet Muhammad (PBUH) three or more than three utterances of Talaq in one sitting were regarded as one statement. But, the second Caliph of Islam Hazrat Umar, the Great has taken a different view of Triple Talaq due to administrative reasons for a temporary period to bind Muslim men who rush into instant and final Talaq by uttering word Talaq three times in one go. However, the step of Second Caliph was against the principles of Holy Quran. Though, Caliph Umar had put off the impugned practice by flogging the man who resorted to the Triple Talaq. But, unfortunately, the practice of Triple Talaq got embedded into the Islamic Law based on the authoritarian analysis adjudicated by the later Imams particularly Imam Abu Hanifa and it has wrongly been presented to ordinary Muslims as the inalienable part of Islamic law.
India is a signatory to many international human rights instruments to endorse its global obligations and commitments and to address the gender justice matters in the absence of comprehensive and consolidated municipal laws. The court stated that India is a signatory to the CEDAW (UN Convention on the Elimination of All Forms of Discrimination against Women-1979) that prohibits discrimination at the workplace and laid down specific state obligations to eliminate all forms of discriminations:
- To protect the right to work, the right to health and right to safety in the conditions at the workplace including the safeguarding of the function of reproduction under Article 11(1) (a) and (f) of the CEDAW;
- To undertake the adoption of all necessary measures at the national level to achieve the full realization of the rights recognized in the Article 24 of CEDAW; and
- To adhere to the General Recommendation No. 19 on the elimination of violence against women under the CEDAW.
Therefore, the Government of India has enacted the domestic legislation called the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act-2013 to adequately address sexual harassment in the workplace to achieve gender equality and non-discrimination as enshrined in the universal human rights norms and standards.
The Holy Quran & the Constitutional Law of India
The SC for the first time has made Articles 25 and 26 of the Constitution of India “absolute” despite their being subjected to restrictions. However, the Triple Talaq Judgment (TTJ) has not been a unanimous decision and two judges dissented including the CJI Justice J.S. Kehar who regarded the Triple Talaq inalienable part of Muslim personal law in India and opined that Triple Talaq does not contravene Articles 14, 15, and 21 of the Constitution of India while majority judgment held the view that instant Triple Talaq is an un-Islamic practice and Justice Kurien’s judicial construction of Shamim Ara Judgment as the decisive law of divorce in India that should have been followed. However, the dissenting judges have taken a cautious approach to balancing the whole gamut of Triple Talaq by outlining the fact the practice is not prevalent even in Muslim theocracies. Therefore, dissenting judges have directed the Government of India (GOI) to frame the appropriate law in this regard. The GOI must demonstrate the political will to come out with a concrete legislation to lay down the quantum of punishment that shall be meted out to the offenders otherwise this judgment would remain a pyrrhic victory. The TTJ has been welcomed as a milestone for unprecedented social change by every progressive section of the civil society institutions including Amnesty International India and international human rights organizations.
Now, political discourse on Triple Talaq must be set at rest and ways must be rummaged to implement the SC decision in its letter and spirit without brooking any pressure from organizations like All India Muslim Personal Board (AIMPLB) who played the politics of procrastination on this issue for its political ends. The AIMPLB is a conglomerate of so-called Muslim leaders and does not represent diverse voices of the Indian Muslims. There are multiple religious practices and beliefs which Indian Muslims follow in their daily life. Among the Indian Muslims, there are 90% Sunni Hanafi and remaining 10% belong to Ahle-Hadees and Shafaiis and Shafaiis support the Hanafi stand on the validity of Triple Talaq in one go. However, one sect called Ahle-Hadees does not subscribe to the practice of Triple Talaq. Moreover, TTJ has clarified that all personal laws must conform to the Constitution of India regarding marriage, divorce, property, and succession. It has rightly been contented by the GOI before the SC that it is not “majority community” v. minority community” discourse but an intra-Muslim community power struggle between fundamentalists and the subjugated Muslim women.
It is, now, evident that the political will of the highest order in the Government of India is needed to take necessary measures for enforcing the judicial dicta. August 22, 2017, would be regarded a defining moment and turning point in the legal history of India when gender equality attained its zenith in the lives of Muslim women. India’s Muslim women have achieved what was considered unattainable since independence. The latest SC decision has established the supremacy of constitutional guarantees in upholding the gender equilibrium in human relationships within the religious structures including of Islam. Now, the time has come to reform the unjust and obsolete religious practices under the new laws across the communities while expanding the horizons of gender justice. Therefore, progressive codification of Muslim Law must be commenced while taking into primacy of the jurisprudence expounded by the Supreme Court, Constitution of India and the Holy Quran for once and all.
An Indian perspective on Afghan peace-process
Afghanistan is staring at a massive political uncertainty with the United States preparing to exit the war-torn nation by 2021. America’s withdrawal from Afghanistan could ultimately end up in the coronation of the Taliban in Kabul, hence returning to the despotic times of the Islamic Emirates of Afghanistan. Even though the ongoing intra-Afghan peace talks involving the nominees of the Afghanistan civilian government and the members of Taliban are pacing up in Doha, chances of materialising these assurances are slim. Due to the emergence of factions within the Taliban and other terrorist outfits trying to establish their bases in Afghanistan, there are possibilities of a prolonged civil war once the American forces are pulled out. The result of peace-process will have a massive impact on the region itself. Therefore the Taliban’s possible access to power in Afghanistan has worried New Delhi since Pakistan could make this an opportunity to create fresh troubles in the region to further expedite their doctrine of ‘bleed India with a thousand cuts’.
The United States entered Afghanistan in 2001 to avenge the killings of 2,977 of its citizens by an Al-Qaeda attack on the World Trade Centre. Al-Qaeda had the patronage of the Taliban and was operating from Afghanistan. America’s military invasion had lead to the removal of the Taliban government. Later Hamid Karzai got appointed as the president of the Islamic Republic of Afghanistan with the blessings of U.S. For the past two decades, U.S troops were in constant encounters with the Taliban terrorists and lost over 2,441 soldiers to the rebel onslaught. Even after the U.S indulging in fully-fledged warfare and spending billions, the Taliban still controlled around 20% of districts in Afghanistan. They were in constant fights with the allied forces for taking the procession of another 50% districts. The U.S was successful in exterminating the prominent terrorists of Taliban, Al-Qaeda and the Islamic State of Khorasan Province (ISKP), new leadership kept on popping up regularly. Hence, the ultimate motto of cleansing Afghanistan from the Jihadi elements was never met.
President Obama was keen on exiting Afghanistan from the later part of his first presidency. Even though the number of troops decreased gradually, the process had to be stalled multiple times due to various terrorist attacks. But back home there was a rising rage among the public for spending their money in a far off land yielding nothing. At this juncture, the U.S government was quick to realise that that they had no military solution to put on the table. Thus through interlocutors, the American government reached out to the Taliban to formulate a respectable exit plan for the U.S. This plan reached a milestone when the Taliban and the United States signed an agreement on February 29, 2020 paving way for the Intra-Afghan talks beginning from September 12, 2020.
Afghan government released 5,000 Taliban rebels in exchange of 1,000 Afghan soldiers who were held as hostages by the Islamic radicals. With the peace talks gaining progress, there could be a demand for the release of more rebels. These people are trained in modern warfare and have the experience of combating U.S troops in strenuous mountainous terrain. Following the abrogation of Article 370, there has been a military crackdown on the terrorists and their affiliates in Kashmir. Many of the terrorist organisations operating in the valley face leadership vacuum since the Indian military is quick to identify prominent terrorists and then neutralises them. Pakistan, which is known for its proximity with the Taliban, might use them to create trouble in Kashmir. It was during the Taliban’s regime Indian Airlines flight 814 was hijacked by the terrorists and taken to Kandahar in Afghanistan. India had no option but to free terrorists like Maulana Masood Azhar, Mushtaq Ahmed Zargar and Ahmed Omar Saeed Sheikh in return of 160 passengers. Also, Afghanistan is notorious for the production of Cannabis, Opium and other drugs. Taliban earns around $200 million a year selling Opium alone. Pakistan has been using narcoterrorism as an instrument to create social unrest in India. The Indian state of Punjab, which shares international borders with Pakistan, has been thoroughly affected by the drugs menace. Taliban’s total control over the drug production and its supply can be smuggled to India through ISI backed channels, further deteriorating the existing situation.
Afghanistan is of immense strategic importance as far as India is concerned. This landlocked country is seen as India’s pavement to Central Asia since Pakistan cannot be a trusted ally for historical reasons. India has contributed more than $3 billion for the reconstruction of Afghanistan which includes their Parliament, Dams, Schools and many other projects. India had even allotted Lucknow’s Ekana Stadium as the home ground for the Afghanistan national cricket team. Bollywood movies are still popular in Afghanistan. What needs to be seen is the Taliban’s approach towards India. The Spokesperson of Taliban, Suhail Shaheen’s tweet read “The statement published in the media about Taliban joining Jihad in Kashmir is wrong…. The policy of the Islamic Emirate is clear that it does not interfere in the internal affairs of other countries.” This tweet caught the diplomatic community by surprise. It is a known fact that the Taliban’s deputy leader Sirajuddin Haqqani operates the Haqqani network which has organic bonding with the Kashmiri separatist groups.
Sirajuddin Haqqani, in a recent op-ed piece that he wrote for the New York Times shared the vision that the Taliban has for Afghanistan. He wrote “liberated from foreign domination and interference, we together will find a way to build an Islamic system in which all Afghans have equal rights, where the rights of women that are granted by Islam.” What Taliban did to the minorities and women in Afghanistan during their 5 year rule was brutal and condemned by the global community. But Haqqani concluded this essay on a positive note by saying that “the new Afghanistan will be a responsible member of the international community”. But it needs to be seen whether the Taliban relinquishes its claim for strict Sharia laws and makes concessions on democracy which they consider as a western poison.
For all these years, India was hesitant to deal directly with the Taliban. But an evolving approach towards the Taliban is on cards with the Indian External Affairs Minister Dr S Jaishankar virtually attending the Intra-Afghan peace talks. He even gave India’s warning to the rebels that “Afghanistan’s soil shouldn’t be used for anti-India activities”. It will be interesting to see how China deals with the Taliban after wooing Iran with a $400 billion deal. With the possibility of enormous political changes after the signing of the agreement between the Afghanistan government and the Taliban, its after-effects will be experienced in the entire South Asian region. India has no other choice but to engage with the about to be formed dispensation in the Kabul.
Rohingya repatriation: Has the world forgotten about the Rohingya crisis?
In August 2017, the Myanmar army committed atrocities to the Rohingya people in Arakan state of Myanmar including rape, torture, burning the houses, killing. To escape from death, the Rohingya people fled to Bangladesh. The Rohingya crisis has been identified as one of the worst humanitarian crisis in the world.The United Nations (UN) has defined the crisis as the ‘textbook case’ of ethnic violence.
And considering the sufferings of the Rohingya refugees, Bangladesh opened doors for them from a humanitarian ground. Bangladesh is hosting more than 1.1 million Rohingya refugees, including the Rohingyas who came earlier (before August 2017) in the country. Notably, Bangladesh is providing shelter, food, medicare and other facilities/services to the Rohingyas for a long time. The local people of Cox’s Bazar also showed great sympathy to those refugees sacrificing their lands, forests and other resources. Bangladesh has made tremendous sacrifices, including the forests. Initially, the country made Rohingya camps in 6,500 acres of land. It is already three years passed. But a successful Rohingya repatriation seems a dream to many given the current contexts. In this article, I attempt to show why successful repatriation is essential, why it failed, and the role of the international community in this regard.
Why repatriation necessary?
First, Rohingyas are creating an extra burden for Bangladesh, given the socio-economic realities of the country. Notably, being one of the densely populated countries in the world with limited resources, it becomes a daunting task for Bangladesh to continue its wholehearted supports for the Rohingyas in the days to come.
Second, Rohingya refugees have clear security implications for Bangladesh and beyond. It is reported that Rohingya criminals are becoming involved in the deterioration of the law and order situation in Cox’s Bazar, which becomes a grave concern for the locals. The local people who showed wholehearted support to the Rohingyas are worried now due to the increased criminal activities by the Rohingya criminals. It is reported that there are instances of murders in the Rohingya camp. In addition, after the murder of Jubo League leader Farooq by the Rohingya criminal, there were tensions among the locals.
It is argued that the longer the refugees stay in the refugee camps, the more likely they become a threat to peace (cited in Bariagaber, 1999: 605). Thus, prolonging the Rohingya repatriation will be problematic for Bangladesh, which merits serious attention from the international community. In this context, successful repatriation of the Rohingyas becomes essential.
Third,one can also argue that there are regional and international security implications of the Rohingya crisis. The international community can also consider this factor and take significant steps to resolve the Rohingya crisis and provide a better and secure life to the Rohingyas.
Finally, as a human being, Rohingyas deserve a better and secured life with dignity and fundamental human rights. Thus, ensuring their basic human rights becomes a moral responsibility of the international community.
Why Rohingya repatriation failed?
Bangladesh-Myanmar signed a repatriation deal on November 23, 2017, though no progress has been observed in making repatriation successful. On July 29, 2019, Bangladesh handed over a list of 55, 000 Rohingyas for verification for repatriation. Myanmar only cleared 3,450 Rohingyas for beginning the repatriation. Notably, Rohingya refugee repatriation to Myanmar has been failed twice, one in November 2018 and another in August 2019. Against this backdrop, one can ask: What factors have accounted for to the failures of Rohingya refugee’s repatriation to Myanmar? To answer this question, one can identify the following factors.
First, the absence of conducive conditions/environment in Myanmar is the major hindrance to the successful repatriation of the Rohingyas. Myanmar government showed apathy towards repatriation. One can also argue that the Myanmar government did not show firm commitments in the repatriation process. Though in the declaratory postures they are showing the international community that they are interested in the repatriation, when it comes to operational policies, they are reluctant in the repatriation process through not creating favourable conditions/ conducive environment for the Rohingyas. Rohingyas are scared that if they are back, the Myanmar army will kill them.
Second, the failure of the international community to repatriate the Rohingya refugees in Myanmar becomes another critical factor.It seems that international community has confined its role in providing reliefs, foods, healthcare services, money to the Rohingya refugees and sometimes made an occasional visit to the Rohingya camp in Cox’s Bazar and took photographs and shared those (photos) in the social media and beyond. To a larger extent, the international community has bypassed their key responsibility to repatriate the Rohingyas to their homeland through pressurizing Myanmar. Thus, it will not be wrong to claim that the international community has totally failed to create a conducive environment in Myanmar which makes security concerns among the Rohingyas. Thus, those Rohingyas are not interested in to repatriate in Myanmar.
The most concerning is that it seems that the Rohingya issue is losing interest in the international community. There is already shrinkage of funds for the Rohingya camps in Cox’s Bazar. If the international community totally fails to repatriate the Rohingyas, it will create a disastrous situation for Bangladesh. It is well known that Bangladesh is a densely populated country in the world with limited resources, as noted earlier. Thus, the country cannot afford to continue its supports to the Rohingyas. In addition, there is a stronger possibility of conflicts between the Rohingyas and local people in the days to come given the socio-economic realities of the society.
One can argue that the United Nations has so far failed to pressurize Myanmar and create a conducive environment for the repatriation. Considering the narrowly defined self-interest, Russia, China, India whole-heartedly supports the Myanmar government. Though China and India bear dissimilarities in many issues, in the case of Rohingya issue, they maintain a similar stand, supporting the Myanmar government. Notably, Myanmar is a crucial state for China’s Belt and Road Initiative project, while the country is key to India’s act east policy. In addition, the UNHCR, ASEAN, EU, USA, Japan also failed to pressurize the Myanmar government and facilitate the Rohingya repatriation.
Third, the political economy of the refugees/NGOs is also responsible for the failure of the repatriation process of the Rohingyas. Khaled Muhiuddin (2019) writes that foreign aid ‘is prolonging the crisis. It is common sense that if Rohingya refugees are having a better life in Bangladeshi camps than the one they experienced in Myanmar, they will see little reason for going back to Myanmar. That is why efforts to ensure safety for Rohingyas in Myanmar are more important than providing comfort to them in the Bangladeshi camps’. Thus, foreign aid is benefiting both the NGOs and the refugees.
Around 150 international and local NGOs are working in the 34 Rohingya camps in Cox’s Bazar. It is claimed that the political economy of the NGOs also works as a major hindrance to the Rohingya repatriation process. A resident of Cox’s Bazar, Rafiqul Islam Rafiq claims that various NGOs, including the UN agencies, demotivate the Rohingyas to repatriate (Bangla Vision, August 25, 2019). Fazlul Quader Chowdhury, president of BAPA and CAB, Cox’s Bazar contends that both international and local NGOs are telling the Rohingyas that this [Cox’s Bazar] is your place, it was once your place, a part of Arakan State. Since this is your place, you do not need to leave this place (Bangla Vision, August 25, 2019). A. N. M. Helal Uddin, president, civil society forum, Cox’s Bazar claims that if these Rohingyas leave, their (NGOs) business will be stopped. They are motivating the national crisis. The government should find out those NGOs and take actions against them (Bangla Vision, August 25, 2019).
Fourth, the economic interest of some local people also works as a hindrance to the repatriation. A resident called Jasim Uddin points out that the Rohingya refugees have created a huge business for the hotel, restaurant, flat owners who do not want that Rohingyas leave Cox’s Bazar(Bangla Vision, August 25, 2019). He claims that economic interest is the main factor of these owner classes, who devoid of patriotism. Notably, 1000 locally made weapons including knifes were seized from the NGO office SHED (Society for Health Extension and Development) who was working in the Rohingya camp (Osmany, 2019). Notably, SHED failed to provide any legal documents i.e. operating license to use these weapons (Aziz, 2019). Thus, it becomes important to monitor vigorously and ensure the accountability of the local and international NGOs who seek greater profits from prolonging the Rohingya crisis.
Fifth, one can also look at the role of the scholars and scholarship critically to resolve the Rohingya crisis. The Rohingya refugee crisis did not receive serious attention from the intellectual community. Even the role of Bangladeshi scholars is minimal in producing serious scholarship on the issue. The scholars cannot avoid their responsibility to resolve the crisis.
Finally, international media also failed to internationalize the issue and influence the policy formulations regarding the crisis. In the initial days, though the mainstream global media provided enough attention to the issue, in the latter days, they totally forgot the crisis. I wonder, if the same thing happens in the developed world, would the global media response be the same?
To conclude, Bangladesh, alone cannot resolve the Rohingya crisis. Sheikh Hasina, the Prime Minister of Bangladesh strongly contends in addressing the 75thUnited Nations General Assembly that the Rohingya crisis has been created by Myanmar and thus has to resolve the crisis by Myanmar. In this case, since Myanmar is not interested in resolving the crisis, it is the international community that can pressurize the Myanmar government and facilitate successful repatriation. In fact, the role of the international community, including the major powers, international media becomes essential to encourage Rohingya repatriation. The role of the scholars and scholarship also becomes necessary. The bottom line is that for the greater cause of humanity, the international community must come forward to pressurize Myanmar government and facilitate successful repatriation. The world needs to remember that Bangladesh has already done a lot to the Rohingya refugees. Now, it is the responsibility of the international community. Isn’t it?
A Way Forward – Neutralizing the Surge in Insurgency With Diplomatic Empathy in Kashmir
Nationalismis slowly losing its emancipatory value as the progressive inclusion of minority groups in public policy decision making has become a myth in itself. I have always maintained that the politics and carnage of minorities, especially Muslim identity in India, goes beyond the constructed rationalization of religiously prescriptive and deconstructed narrative of legislative Islamic discourse. It is, by its normative birth, focus on the knotty issue of electoral manifestation, and the violence on both, the psyche and body of the minorities has become an active semiotic territory of political narrative, which, when aggravated, creates a ‘psycho-political ripple effect.’ This article will elucidate the ripple effect created by the deeply ingrained inter-regional and inter-generational sense of injustice and trauma transmuted within and among Kashmiris, because of the ‘Armed Forces Special Powers Act (AFSPA)’; a policy that provides complete impunity to the armed forces in Kashmir, and how diplomatic empathy can work as a successful catalyst in neutralizing the surge in insurgency and civil unrest in Kashmir.
Armed Forces Special Powers Act
The history of breeding insurgency in Kashmir goes back to the 1980’s, and since then, Jammu and Kashmir have been a propagating ground of separatist ambitions, demanding either complete independence or seeking ascension and amalgamation with Pakistan. Often called ‘Kashmir Intifada’, this insurgent group is a manifestation of the failure of Indian governance and inter-state diplomacy at the root of the initial disaffection and the coercive policies imposed on Kashmiris. Today, with more than 6 lakh security personnel (Army, Border Security Force (BSF) and the Central Reserve Police Force (CRPF) deployed in J&K hinterlands, Kashmir has become the most militarized zone in the world, surpassing the combined presence of Israeli Defence Forces in Gaza strip and West Bank alone. The Indian security personnel have been implicated in multiple reports for torture, extrajudicial killings, enforced disappearances of thousands of Kashmiris, and rape and sexual abuse of women in the valley with absolute impunity under the Armed Forces Special Powers Act (AFSPA); a policy that provides impunity to any member of the armed forces without the permission of the central government. This act legitimizes and normalizes routine violence on Kashmiris, while parturiating victims with dissipating subjective agency and no legal mechanism to seek justice.
Countless incidents of extrajudicial killings have been reported, and multiple unmarked graves have been witnessed; all with absolute impunity given to military personals involved. For example, a State Human Rights Commission inquiry in 2011 had confirmed that there were thousands of bullet-ridden corpses buried in unmarked graves in Kashmir. Of the 2,730 bodies uncovered, 574 bodies were identified as missing locals, in contrast to the Indian government’s confirmation that all the graves belonged to foreign militants. In the most haunting military violence imposed on Kashmiris, personnel of the 4 Rajputana Rifles of the Indian Army were involved in gang rape of at least 40 women in Kunan and Poshpora villages in north Kashmir(February 1991), as they conducted an anti-insurgency operation in the region. Although the Press Council of India committee led by BG Verghese and K Vikram Raovisited the villages post the violence, but gave a clean chit to the soldiers, and the countless consecutive mass rapes by Indian soldiers followed – Chak Saidpora (1992), Wurwun (1995), Bihota (2000), Gujjardara-Manzgam (2011) etc. Post the abrogation of Article 370 in 2019; the situation has worsened.
The Psycho-political Ripple Effect – Violence with absolute impunity begets violence with stern liability
“You lock us up during the day. You lock us up at night,” a middle-aged man shouts angrily, wagging his finger. As the policeman ordered the man to go inside his house as Kashmir was under the longest lockdown of a union territory in the history of the Indian constitution, the diminutive old man stands his ground and challenges him again. “This is my only son. He’s too small now, but I will prepare him to pick up a gun too,” he said. This man belonged from Khanyar, a local town in the heart of Srinagar, which is famous for protests against military violence and Indian hegemonic rule in Kashmir. In the same report, Mr. Malik, a Kashmiri native, predicts that every Kashmiri will join them. “It was said that in every family one brother is with the separatists and the other is with the [Indian] mainstream. The Indian government has united the two.” To understand the unwavering commitment of locals – who are teachers, vegetable vendors, workers in local manufacturing outlets, fruit sellers, etc., and their determination to prepare their future generations to become insurgents, is mandatory. This is a direct result of the internalized trauma and feeling of injustice that has transmuted in and within Kashmiris– both inter-regional and inter-generational. But, what has caused this transmutation? To know this, it becomes imperative to explore the phenomenon of ‘psycho-political ripple effect’.
A ripple effect, in a simple term, refers to the indirect effect that expands out from the organic source and reaches areas or populations far positioned from its intended purpose. To understand this phenomenon in a political-social environment, one needs to deconstruct the psychological effects of the ‘initial political disturbance’ created within the system of a targeted group of civilians and how it propagated outward to disturb an increasingly larger portion of the population within the system. This ‘initial political disturbance’ is a manifestation of normalized violence by placing the Indian military under an impunity umbrella, which has methodized and regularized routine violent acts against Kashmiris, including detention of small children, curfews, extrajudicial killings, torture, gang rapes, kidnapping of civilians, etc. The trauma is no longer confined to the victims of Konan and Poshpora mass rape or restricted to the pain of the community of human rights activists like Jalil Andrabi, Zafar Mehraj, Burhan Wani and Farooq Sheikh, who were brutally killed by the military forces, or limited to the medical community who are attacked for providing medical care to the insurgents, or to the families of Kashmiris who has been a victim of extrajudicial execution or reprisal killing, alone.
The effects of this violence and the internalization of trauma has impregnated the psyche of most Kashmiris and has given birth to what I call is a ‘psycho-political ripple effect’ for future formations of popular resistance against Indian rule in Kashmir. With the institutional denial of justice, loss of subjective agency due to trauma, and erosion of indigenous Muslim culture, the mass-suffering has reshaped the response of Kashmiris towards military and political power. Here, military violence with absolute impunity is begetting violence with stern liability from the local Kashmiris, and the surge in insurgency activities is a testament of it. Apart from mass carnage and destruction like Pulwama attack (2019), Srinagar attack (2013), Amarnath Yatra attack (2017), Uri attack (2016), carried out by Islamist terrorist groups against the Indian militancy presence in Kashmir, many quasi-violence incidents has become a methodized way to confront Indian security forces. The effect of the political ripples is so deeply ingrained in the psyche of the locals that indulgence in the act of reciprocation against military force has become more imperative than the strategy to execute the ‘act’ itself. These incidents often involve collective participation of local Kashmiris demonstrating acts of resistance, which orthogonally represents assertiveness and visible symbolism rather than clandestine nature. The most common forms of this quasi-violence involve stone pelting at security forces, causing hindrance and interdiction of military operations to help the insurgents, attending insurgent funerals, etc. Although the participants are usually unarmed, the employed tactics are methodologically designed to incite, provoke, and coerce Indian security forces to dismantle the central government’s legitimacy and control over Kashmir. These quasi-violent ripple effect can be seen in Palestine as well, where Palestinians deploy the rock-throwing method as a mechanism to display resistance against IDF presence in their land. Psycho-political ripple effect can be witnessed in both of these conflict-infested geographies, where internalized trauma and feeling of injustice have transmuted among and within the native population – both inter-regional and inter-generational.
Incorporating Diplomatic Empathy to neutralize the surge in insurgency
It has been a year post the abrogation of Article 370. The surge in military brutality, human rights violations, increased unemployment, and a Rs 40,000 crore hole in the economy, has aggravated the spread of the psycho-political ripple effect. With Kashmir precariously poised between the two extremes, and an efflux of quasi-violent and strategic insurgent attacks on Indian security forces, it orthogonally points towards one thing – inter-state diplomatic failure. What diplomats and central lawmakers must consider is that the principle of “no negotiation with insurgents”, although seems logical, but fails to understand the primordial foundation of fortification of – what is terrorism? If insurgents and quasi-violent Kashmiri locals are willing to go against a robust military force and governance of BJP in power and risk the lives of self and other civilians, it only reflects that the cause of their insurgent activities is not being effectively addressed and is being alienated from mainstream political policies. The deeply ingrained inter-regional and inter-generational sense of injusticecaused due to impunity given to the Indian security forces in Kashmir has created psycho-political ripples that is manifesting into insurgent activities.
On the other hand, this internalization of trauma and conflict has also created a negotiating space of diplomatic activity through transmittal of empathy and the development of trust. For this reason, the traditional consultative decision-making process of negotiation from ‘top-to-bottom’ should be replaced by a ‘bottom-to-top’ diplomatic strategy where the principle of inclusion should be propagated, lessening the distance between the self and the other. Validating this, Marcus Holmes and Keren Milo (2016) writes, “Fisher and Ury’s (1983) classic work in negotiation theory notes the importance of what is now termed cognitive empathy in order to derive the interests that motivate one’s positions. Since negotiators do not have perfect information about their counterparts’ interests, those who do not try to take the other side’s perspective may fail to find rational conflict-resolution. Put another way, in order to rationally find a zone of possible agreement, both sides must understand the interests and positions of the other, including their best alternative to a negotiated agreement”.
Diplomats and lawmakers must derive a solution that not only neutralizes the surge in the insurgency, restore human rights, but also stagnate the spread of psycho-political ripple effect within the Kashmiri community to restore civil rest and prosperity. To achieve the optimum conflict-resolution that modern diplomacy seeks to attain, empathy with the interlocutor is opulent. Re-structuring the Armed Forces Special Powers Act by ensuring that security forces – the army, the Border Security Force (BSF), and the Central Reserve Police Force (CRPF), are trained in using lawful use of force in accordance and alignment with international standards, and those who breach these parameters would legally held accountable. To gain credibility and trust among the civilians, it is crucial that a sense of justice is restored within the system, which would neutralize their inter-regional and inter-generational sense of injustice and trauma. This can be effectively achieved by the central BJP government, if they publicly commit to bring justice to all victims involved in human rights violations, which should involve legally prosecuting Indian armed forces, whether involved actively or participated in permitting the violations to be covered up.I remember reading an article about an elderly woman , who was one of the victim of Kunan Poshpora mass rape, and had died as she awaited justice to be served to her. Ghulam Mohidin, her son-in-law said, alleged that , “She died in 2010 as she was waiting for justice till her last breath, but nothing happened. The culprits are still roaming freely. Our family is still suffering ” he said. This psychologically intimate narrative reveals what I have been discussing throughout the article – the psycho-political ripple effect caused due to inter-generational and inter-regional transmutation of deeply ingrained sense of injustice and trauma, can itself become a synthesis to the initial theistic problem , which is the surge in insurgency in Kashmir ; if diplomatic empathy is tactfully and humanely deployed to neutralize these ripple effects by fortifying and preserving their human and constitutional rights. And, if diplomats and law makers fail to do so, these psycho-political ripples will multiple and increase exponentially, only to proliferate the psyche of the many generations to come by.
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