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A ‘Second Amendment’ to India’s Constitution

Saurabh Malkar

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The mass shooting at Las Vegas on October 01, the most gruesome and deadliest of all mass shootings in US history, segued, predictably, into a debate about gun control. Liberal/leftist entities renewed their chants for increased gun control citing the rampage that results due to lax gun ownership legislation, while pro-gun-rights activists rallied behind the claim that firearms in the hands of law-abiding citizens save lives and that such incidents are extreme outliers.

Regardless, I am of the opinion that on balance, guns in the hands of trained, law-abiding citizens protect lives. It’s also important to emphasize that guns don’t kill; malevolent people with access to guns do, and it takes firearms to subdue such people. Of note is the fact that strict gun regulation doesn’t necessarily make it difficult for the offender to obtain firearms, it simply disarms the innocent and makes for a field day for the unhinged loons.

Anyway, I don’t wish to reiterate the merits of gun ownership and make a case against undue gun control and regulation. There are several outstanding and credible sources on the web that make the above argument in a cogent manner.

The following piece is on the possible merits of a law in India along the lines of the 2nd Amendment to the US Bill of Rights. Bear in mind that gun ownership is not enshrined in the Constitution of India and the current gun laws on the books are built up on the disarmament drive during British colonial rule. Disarmament of Indian subjects became an imperative to establishing colonial rule after the armed mutiny of 1857 against growing British takeover of territory, trade, and governance.   

India’s bureaucratic culture, corrupt law enforcement agencies, and tardy criminal courts often result in under-reporting and under-trying of offenders, protracted courtroom battles, and, in some cases, withdrawal of charges by the victim. Much of this sorry state of affairs is the result of political pressure or existential threats brought to bear upon the victim.

The above is especially true in the northern states of India, with political power concentrated in the hands of a few well-connected families, prevalence of a lawless culture, and a tacit acceptance of criminal conduct as a daily routine.

This reflects in day-to-day acts of injustice towards those who aren’t well connected and don’t have the means to take legal action. Young women pay a dearer price in this thuggish northern culture with stories of gang rapes, molestation, forced marriages, and dowry-related deaths making frequent headlines in local newspapers.

In 2012, India garnered negative attention in international media for the gruesome gang rape and aggravated assault of a young girl on a public bus. Her male companion was assaulted with a metal rod, which was also used subsequently to penetrate the female victim. It took the court around two and a half years to give a verdict in what had become a high-profile court case.

In the following years, other cases of sexual assault sprung up across the country, with a shocking incident of gang rape in Bombay (Mumbai), known for its nightlife and its low incidence of gory sexual crimes.

It’s not just women whose lives are under direct threat. Journalists, especially those whose opinions are unsavory, have to keep an eye out for danger lurking around the corner. While receiving death threats might be a part and parcel of a profession that engages in political dogfighting with the powers that be, recent years saw the political execution of notable journalists, the recent being that of Ms. Gauri Lankesh.

Minorities, especially Muslims, have come in the cross hairs of Hindu nationalists, especially, with the indirect beef ban instituted across most of India. Past few months saw harassment, lynching, and stabbing of law-abiding citizens over religion and their connection to either consumption of or transportation of beef.

Even businesses aren’t safe if they are on the wrong side of the fence. Hindu fanatics associated with Shiv Sena – a bunch of delinquents that masquerade as a political party – recently forced, under threat, butchers and eateries serving meat to close down for nine days owing to a Hindu festival. This is not the first time this political party has used their muscle to disrupt commerce. The 1990s and early 2000s saw the party’s youth wing vandalize gift stores and harass couples on Valentine’s Day in a bid to maintain and enforce ‘cultural purity.’

The state of Uttar Pradesh (UP) in northern India is presently reeling under the worst form of institutionalized moral policing, with its chief minister, Yogi Adityanath – whose understanding of a secular state is hazy at best – having installed ‘anti-Romeo squads’ to crack down on socializing between opposite sexes. Penance is left at the discretion of police officers or the rag-tag militia in charge with patrolling and ranges from harassment to physical assault.

The ever-growing power of the state is tightening the noose around individual liberty, choice, tolerance, and free commerce – some of the hallmarks of a liberal society. The law enforcement is either complicit with the politicians or ineffective and the courts are sluggish and marred in bureaucracy.

The presence of several fault lines in the Indian demographic, thanks to its multicultural and multiethnic foundations, add fuel to fire.

The Modi administration, fully aware of the fault lines and with intentions to pre-empt insurgencies, doubled down on gun regulation and introduced stricter laws. Under the new law, not only will it be more time consuming and difficult to obtain a gun license, equipment like air-guns, blank-firing guns, and paint ball guns will also require a license.

While it seems that Modi wishes to cut down firearms-related violence, he seems to be willfully ignoring the fact that in 2014, only 14% of the victims of gun violence were killed by licensed guns. A sizeable chunk of these fatalities occurs at the barrel of unlicensed guns, of which there is a thriving underground economy.

Disarming law-abiding citizens only makes them susceptible to being browbeaten by predators, religious fanatics, and political goons.

Could the possession of a firearm by a prospective victim deter the assailant?

“Yes!” says a study out of Chicago that looks at crime deterrence and gun ownership. In fact, the dissuasive effect is more pronounced in crimes like aggravated assault, rape, murder, and robbery.

With courses on safety and use made mandatory for obtaining license, a firearm can be used to level the playing field between the victim and the assailant. Might we see lower incidence of rapes, sexual assaults, disruption of commerce, and infringement of individual liberties? The study does seem to answer this question in the affirmative.

Will Modi and his political mandarins realize this vital fact and loosen up gun regulation for lawful men and women? It doesn’t seem so. A well-regulated citizen militia that doesn’t need to be in his thrall will run counter to his political ambitions and statist principles.

India has a long way to go until she gets her own ‘second amendment.’

An ex-dentist and a business graduate who is greatly influenced by American conservatism and western values. Having born and brought up in a non-western, third world country, he provides an ‘outside-in’ view on western values. As a budding writer and analyst, he is very much stoked about western culture and looks forward to expound and learn more. Mr. Malkar receives correspondence at saurabh.malkar[at]gmail.com. To read his 140-character commentary on Twitter, follow him at @saurabh_malkar

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South Asia

The U.S Lauded Pakistan’s Assistance in Fighting COVID-19

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The United States has thanked Pakistan for its donation of protective gear and surgical masks to support the fight against coronavirus. In a Tweet, the US Secretary of State Mike Pompeo appreciated Pakistan’s goodwill donation of surgical masks and protective suits to the Federal Emergency Management Agency. He said this delivery is a symbol of Pak-US solidarity in the fight against COVID-19 and termed it a “partnership for the prosperity of the two countries.”

Meanwhile, the US Assistant Secretary of State for South and Central Asia, Alice Wells, in her tweet, also expressed gratitude to Pakistan for the goodwill donation. She said our countries’ health partnership and the coordinated response would help defeat this virus and rebuild our prosperity.

Earlier, the consignment of Personal Protective Equipment from Pakistan via a C-130 flight from Islamabad landed at Andrews Air Force Base, Maryland. The equipment was also handed over to the US Federal Emergency Management Agency for onward delivery to the US armed forces.

Pakistan values its Seven Decades-long friendship with the US.  Although, it is meager Medical Supplies, yet as a token of friendships values a lot. Pakistan is also facing a huge challenge of the outbreak, and the rapid growth is alarming in Pakistan. Nevertheless, Pakistan is a responsible nation and always willing to share its part of responsibility in any part of the World. Either it is a natural disaster or warlike disaster, Pakistan always played its role on the front line as a volunteer. Pakistan is a country with the highest number of philanthropists per million population.

The US was one of the few first countries that recognized Pakistan in 1947 after getting independence from British rule. Pakistan was a close ally with the US in the cold war era and the Afghan War. Pakistan was a frontline ally with the US in its War on terror. Pakistan enjoyed non-NATO close ally status. Definitely, Pakistan was also beneficiary of US AID and assistance. Either it was on Economic front, or S&T, Defense or Education, Military or civilian, Agriculture or Industry, almost all areas witnessed the US assistance in the past. The US is a major trading partner with Pakistan too.

Pakistan has no objection if the US changed its priorities and aligned itself with India. The US is aiming to strengthen India to counter China, but India used all of the American assistance to counter Pakistan. The US may keep balance and restrict its assistance to India to a condition not to use against Pakistan. There can be designed a monitoring and tracking system to check that American assistance is not used against Pakistan directly or indirectly. A close monitoring system may be deployed on India and verifiable by any third party. I believe “there is the way if there is a will.”

Prime Minister Imran Khan is a visionary leader and peace-loving in nature. His declared-policy  to be a partner in peace with any country in any part of the World is well appreciated widely. Pakistan was a victim of the Afghan War for the last four decades and learned a bitter lesson. War means disaster; War means a net loss of human lives and economy; War means no victory for either side. Pakistan will be no longer partner wth any one in War with any country.

Pakistan’s strategic location, where it connects almost half of the World and at the major trade route – Middle-East to rest of the World, is vital for maintaining peace and stability of this region as well as the whole World. Pakistan is a nation of 220 Million, with its 70% population of youth under the age of 40 years. Pakistan is a resilient nation and can survive under any circumstances.

Pakistan wanted to keep traditional friendship with the US and strongly wish an early resumption. Pakistan wanted to contribute its potential to global peace and stability. In the past, especially in the 1950s, 1960s, and 1970s, Pakistan kept close alliance with the US while maintaining its strategic relations with China. I hope the US may not object to Pakistan’s strategic interest with China or Russia while restoring traditional friendship with Pakistan.

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The Need for Pakistan’s Digitalisation Policy

Syeda Dhanak Hashmi

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Change is the only constant and one has to keep evolving through new trends in order to compete with the changing dynamics of the world. There is no denying the fact that any country’s economic growth is now directly linked to one factor i.e., adoption of information and communications technology. The adoption of digitalisation is the new reality where majority of population has access to mobile phones and internet than to basic necessities of life. Digitalisation is not a choice, it is the need of the hour, therefore, the governments are now determining their policies and strategies for digitalising every sector, to promote and strengthen their socio-economic fabric.

Keeping in view the current scenario, the COVID-19 has had a major impact on almost all socio-economic sectors, the digital world has never been more important than it is today, Digitalisation is the new normal where consumers are buying everything online whether it is to buy groceries and essentials or to socialise and virtually reach with friends and family. During this critical time, many of these adoptions will persist long even after the situation has stabilised.

Globally countries are adopting new ways through digitalisation to ease the life of their citizens by providing them with improved and rapid amenities. The access to free internet services made it possible to pave the way for effective digitalization. An exponential increase is observed in the number of internet providers and consumers which demonstrates that the world is adapting with the concept of digitalization. It is witnessed that the developed countries has already shifted all their services from the outdated ways to online portals to facilitate the masses. In recent years, Pakistan is also evolving its IT sector promptly by introducing the latest technological mechanisms in the country.

The present government has taken up the task to digitalize the entire country and is working hard to create an e-governance system to bring down corruption, to ensure accountability process and also to augment the productivity in the country. The government has been taking great strides in the advancement of technology- from the Mohafiz app to digitizing the Postal service and the introduction of Tax Asaan mobile app which provides taxpayers with quick access of verification features like active Taxpayers list (ATL), NTN/STRN inquiry and exemption certificate etc. and many more. The PTI government has been proactive in the inclusion of technology within various segments and has also launched the online FIR system where people can submit their complaints online, and will be facilitated by government officials.

Nevertheless one might assume that digitalisation and government don’t blend,but in reality this fusion is helping the government agencies and officials to represent their agendas and administrative progress directly to the people through social media platforms (Twitter, Facebook, Instagram etc.).Perhaps the defined role of government social media accounts is to serve as a source of unrestricted updates. This includes everything from present initiatives to upcoming policy reforms and breaking news. Therefore, news should be a foundation of your content strategy as a government account. For instance, we are currently seeing social media crisis management in action for government organisations, including real-time updates in response to COVID-19. This illustrates that social media actually serves as a first hand source of information and provides people with timely updates. This is the brilliance of digitalisation and government that the voters and opposition are already there and the government has only one job that is to publish content which engages the attention from the public. This also suggests educating your followers by clarifying potential misinformation, keeping in view the fact that how quickly fabricated content can spread through social media, the government accounts serve as an important source for authentic information.

Statically, as per Pakistan’s Digital2020 Report, Feb 2020: there were 76.38 million internet users in Pakistan in January 2020 which illustrates that the number of internet users has increased by 11 million (+17%) between 2019 and 2020 and internet penetration in Pakistan stood at 35%. As far as the social media users in Pakistan are concerned, the number has increased by 2.4 million (+7.0%) between April 2019 and January 2020 which shows that there were 37.00 million social media users in Pakistan in January 2020 and the penetration rate stood at 17%.The source of this penetration depends widely on mobile connections in Pakistan. Reportedly, there were 164.9 million mobile connections in Pakistan in January 2020. The number of mobile connections increased by 9.6 million (+6.2%) between January 2019 and January 2020. Surprisingly, the number of mobile connections in Pakistan was equivalent to 75% of the total population in January, 2020.

With these growth trends projected to persist in the future, Pakistan is dire need of a comprehensive ‘Digitalisation Policy’. There should be a policy that must be implemented in its true spirits, and the government should devise an efficient monitoring mechanism to evaluate the vitality of that policy.

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South Asia: A COVID-19 Outlier?

Noor Aftab

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International observers remain baffled at the rate of spread and impact of Corona on one of the most populous regions in the world. South Asia is home to more than a 5th of the world’s population. As is the case with other trends related to Corona, it is still not clear why the virus did not see the surge in the region that was experienced in other parts of the globe.

South Asia had been deemed as the perfect hotbed for the Coronavirus. It is densely populated, has poor public health institutions, and is geographically close to China, where the virus originated. Its people are also affected by severe levels of poverty, malnutrition, and hunger. While the countries share a similar heritage, the region happens to be one of the most poorly connected in the world, owing to bad road networks and toxic bilateral relations between some of the countries.

Despite strict guidelines from respective governments, social distancing norms are incompatible with South Asian society. It is a privilege only the elite can afford, as a vast majority of the people live in close proximity with their family members. The region also comprises of fairly religious societies, and governments have faced challenges in the prevention of congregational worship. In Pakistan, Khan was severely criticized for allowing communal prayer during the month of Ramadan.

It can be argued that the relatively lower numbers can be accounted for by low testing rates but if the health care systems in these countries had been choking up, it would have been very difficult to hide.

India, the economic giant in the region, can boast of imposing the strictest lockdown in the world. While the fatality rate is increasing with every passing day, the number of deaths is nowhere near that of Europe or the US. Migrant workers paid a heavy price for the lockdown, which was announced without prior notice, leaving millions displaced. The economic cost of the lockdown has been astounding, as an estimated 122 million Indians lost their jobs in April alone. India’s unemployment rate is now at a record peak of 27.1%,

Similarly, in Bangladesh, researchers from Dhaka University predict that around 15 million people from different sectors will become unemployed in the country due to slowdown of businesses. Meanwhile, in Pakistan, the Federal Minister for Planning and Development, Asad Umar, predicted that around 18 million people might lose their jobs as a result of the lockdown.

Modi and Khan have recently eased lockdowns in India and Pakistan respectively, in spite of increasing cases, as they expressed concern for low-income groups and daily wage earners in their countries. Their concerns regarding their economies may be well-founded. According to a recent Yale study, social distancing measures may be more effective in saving lives in higher-income countries. Whereas, in lower-income countries a complete lockdown may be counterproductive, significantly increasing the economic costs. Economic benefits generated by social distancing are estimated to be 240 times larger for the United States, or 70 times larger for Germany, compared to the value created in Pakistan. The value of savings would be 59% of the GDP for the US, 85% of the GDP for Germany as opposed to 14% of Bangladesh and 19% of India’s GDP.

There are several theories about the conservative spread of the virus in South Asia. None of them have been substantiated as yet. It could be that the pandemic was taken more seriously in these developing economies because there was an acceptance of the fact that they weren’t well equipped to deal with the crisis in case it hit them with full force. Some experts credit the warmer and humid climate of the region to have kept the spread of the disease in check. Others are talking about the protection offered to South Asians by the vaccine for Tuberculosis, BCG and possibly a weaker strain of the virus in this region.

One of the more plausible explanations for this trend seems to be the extremely young population of the region. The average age of an Indian is 26.8 years. The number is less than 25 years in Bangladesh, Nepal and Pakistan. In contrast, the average age of a citizen is 45 in Italy and above 40 in Germany, France and the UK. According to the Yale study, Populations in rich countries tend to skew older, and so the mortality rate is expected to be higher in those countries, in spite of the disparity in healthcare capacity.

According to Jacob John, a virologist from India, it is not sensible to compare the situation in South Asia with Europe yet, as the region is over a month behind in terms of timeline. Therefore, the April of Europe should be compared to June in India. The epidemic is developing in different countries at different rates and it has not yet reached its full maturity in the region.

There is little doubt about the fact that Covid-19 represents one of the greatest challenges for global leaders of our times. Policy has to evolve constantly according to the trajectory of the virus in the concerned country. The choice between lives and livelihoods can never be an easy one to make.

While it’s too soon to declare any country’s approach a success, it can be acknowledged that South Asian countries enforced stringent lockdowns at a relatively early stage compared to many in the West. However, locking down for over a month hasn’t necessarily slowed down the spread of the disease and the reversal of restrictions could lead to spikes in rates of infections. This in tandem with increasing economic constraints makes it a complex dilemma for policymakers. As the virus is yet to peak in the region in the coming months, the real challenge for the leadership lies in expanding their capacity to deal with the worsening situation.

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