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A ‘Second Amendment’ to India’s Constitution

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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

Taliban and the crisis in Afghanistan

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Source: Twitter

In 2021, the Afghan Taliban took back control of Afghanistan after fighting a rebellion for twenty years. The Taliban reformed and began regaining territory less than 10 years after the American-led invasion that overthrew the previous regime in 2001. In line with a 2020 peace agreement with the Taliban, they staged a swift assault as the US started to evacuate its last forces from Afghanistan.

Even though they promised to preserve the rights of women and communities of religious and racial minorities, the Taliban have enforced a strict interpretation of Islamic law. The Taliban have failed to provide Afghans with sufficient food supplies and economic possibilities as they have evolved from an insurgent organization to a functioning administration.

Numerous instances of human rights violations have been documented by the UN mission in Afghanistan. Because the Taliban scared off journalists and put limits on press freedom, more than 200 news outlets had to close. Activists and protesters have been tracked and forcefully disappeared, and their government has ruthlessly suppressed protests. They also reinstated the Ministry for the Propagation of Virtue and the Prevention of Vice, which was previously in place, and enforced laws against actions judged to be contrary to Islam. They instructed judges to apply their version of sharia in November 2022; in the following weeks, authorities resumed public hangings and floggings.

Women’s rights have been undermined. Due to restrictions put in place by the Taliban, girls are not allowed to go to high school, and women are not allowed to go to college or teach there. The group banned women from working for local and international voluntary groups in December 2022. According to estimates from the UN Development Program (UNDP), limiting women’s employment might cost Afghanistan’s GDP up to 5%. Amnesty International reports a substantial increase in the number of women jailed for defying discriminatory rules, such as those requiring women to cover their whole bodies while in public and to only appear with male chaperones. In addition, there are now more child marriages.

The UNDP says that the Taliban’s rule has also taken away the gains that Afghans made in their living conditions in the 20 years after the US invasion. In a study from October 2022, the organization claimed that practically all Afghans were living in poverty. Since the takeover, the economy has contracted by up to 30%, and there have been an estimated 700,000 job losses. More than 90% of individuals are impacted by food insecurity. The problem is getting worse because several countries and international groups have stopped giving aid, which is vital to the economy and public health.

International observers are nonetheless worried that the Taliban pose a danger to national and international security through their funding of terrorist groups, especially Al-Qaeda. Taliban leadership might convert Afghanistan into a haven for terrorists who could launch attacks against the US and its allies, despite Taliban pledges that the country’s territory wouldn’t be used against the security of any other country. The violence has also increased along Pakistan’s border with Afghanistan, which has always supported the Taliban. Tehrik-e-Taliban, a terrorist organization commonly referred to as the Pakistani Taliban, has gained strength due to the Taliban’s ascent to power. The organization broke off a cease-fire with the Pakistani government in 2022 and began carrying out assaults throughout the nation. Officials from Pakistan have charged the Afghan Taliban with giving the extremists a safe harbor in their country.

For many years, the Afghan government relied on help from a number of countries; according to 2019 World Bank research, contributions from foreign partners funded 75% of the government’s public expenditures. Many of these countries stopped off aid when the Taliban took control, fueling concerns about potential future economic turmoil. Nevertheless, aid rose in 2022 as donors sent more than $2.6 billion. The US has donated more than $1.1 billion in help since the coup. However, according to UN authorities, the pledges fell short of the nation’s humanitarian requirements.

Many Western countries, most notably the US, shut down their diplomatic posts in Afghanistan when the Taliban took power. Diplomatic relations and recognition have been withheld from the Taliban regime, which refers to Afghanistan as the Islamic Emirate of Afghanistan. The UN General Assembly has also postponed a decision on who would indefinitely represent Afghanistan at the UN. The Taliban are now being investigated by the International Criminal Court for suspected atrocities, including crimes against humanity, committed against Afghans.

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South Asia

Decoding Donald Lu’s Visit: A Positive Upward in US-Bangladesh Relations?

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The U.S Assistant Secretary for South and Central Asia Donald Lu paid a visit from January 12 to 15. During his brief but swarming itinerary the two parties discussed various issues ranging from diplomatic to political. Interestingly, this is the 11th visit of any U.S high-official in the past two years. The frequent swapping of delegations from the both sides pose a critical juncture between the U.S-Bangladesh relationship. Experts believe that recurrent visits from US high-ups are definitely an auspicious sign between the relationship of the two nations. Therefore, the visit of Donald Lu is an offshoot of the “growing reciprocity and renewed engagement” between Dhaka and Washington.

Needless to say, Bangladesh has a long standing and steady relationship with the US since the latter recognized the former shortly after independence on April 04, 1972. Recently the US-Bangladesh celebrated the completion of 50 years of bilateral relationship and US President Joe Biden termed this as “robust partnership”. Amid such backdrop, it goes without saying that the recent visits signal to a significant positive tie-up between the two parties and the visit can be interpreted in the context of international and domestic backdrop of international politics.

The US is the largest market for Bangladesh’s RMG export. Naturally, the issue of GSP reinstatement plays a key role in bilateral camaraderie. Under such circumstances, Lu’s visit is important to hold talks of economic in the context of Bangladesh’s growing needs, especially after the LDC graduation. Moreover, in the annual Global Firepower 2023 Military Strength Ranking, Bangladesh is placed 40th out of 145 nations. On the other hand, Bangladesh came in 12th place on the GFP review’s list of ‘Strengths on the Rise,’ which emphasizes national military powers based on strong growth patterns until 2023. In this context, the General Security of Military Information Agreement (GSOMIA) and Acquisition and Cross-servicing Agreement (ACSA) agreement indicates to a deeper and strategic engagement from the US rationale.

Bangladesh’s stands at the heart of a strategic position of the US’s Indo-Pacific Strategy, which aims to counter the increasing footprint of China in the Indo-Pacific region. However, Bangladesh maintains a neutral position in terms of its foreign relations and has been carefully helming without taking any side of any major powers. Washington’s focus on free and fair election is important to maintain a stability in the greater Bay of Bengal neighborhood- an important feat in it’s IPS. Conversely, Bangladesh values economic partnership to sustain her ongoing upward trend. However, at the same time Bangladesh should be careful not to succumb to any pressure, a case in point when the Foreign Minister announced that the US proposed strategy is being vetted under the lens of economic opportunity.

On the domestic fore, arguably, the U.S has been advocating for a free and fair election, upholding democratic values, and condemning extra judicial excesses. However, continuous engagement between the two parties resulted helping to mitigate tensions and create a more positive atmosphere. The crux of Donald Lu’s visit is to reaffirm democratic ideals in state mechanism, rule based international system and Bangladesh to be part of the Indo-Pacific Strategy. Accordingly, Bangladesh has committed to hold a fair election and the recent decline of the controversial RAB’s extrajudicial excesses reported by Human Rights Watch as well as peaceful demonstrations of the opposition have been markedly praised by Donald Lu. From Bangladesh’s perspective rescinding of sanctions, reinstatement of GSP, and more support for Rohingya Refugees were reiterated. More importantly, Dhaka’s impartial foreign policy goals align with Washington’s interest in the South Asian region and it will be of American interest to consider Bangladesh as an important ally in the geopolitical chessboard of the Indo-Pacific region.  

However, the visit is also crucial for Donald Lu who is accused of meddling with the internal affairs of Pakistan, Sri Lanka and Nepal. But, Donald Lu manifested his diplomatic acumen to “manage the fissures of the diplomatic ties’ and “highlight on the areas of convergence” in the recent visit. Evidently, the past year has been tumultuous for South Asian nations, following the collapse of Colombo, the Pakistani Economic Crisis and the revolving debt crisis around the region. Amongst her neighbors, Bangladesh has endured relatively steady political and economic pursuit. Therefore, US needs to formulate a comprehensive South Asian policy to accommodate the interests of the respective nations on its own merit.

Bangladesh’s relationship with the U.S is vital in both economic and political stance. Continued engagement and partnership between the two states is critical for the security of South Asia as well as Bangladesh’s ongoing economic prosperity. On a pragmatic tone, it would take more than just this one visit for Bangladesh to solve these complex geopolitical issues. For now, the visit has symbolized strengthening of U.S-Bangladesh relationship going forward by exonerating the mutual interests to diplomatically resolve pressing bilateral issues and elevation of continuous engagement.

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South Asia

Praiseworthy Development of RAB in the Last Year

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Rapid Action Battalion (RAB) image source: benarnews.org

On December 10th 2021, the United States of America (USA) announced sanctions against Rapid Action Battalion (RAB) and its seven current and former officials on allegations of Human Rights violation. Such unilateral decisions of the US on the elite force surprised many. But Bangladesh chose to respond maturely through diplomatic communication. Since then, Bangladesh increased diplomatic engagement with the US, a method lauded by many as ‘prudent’ also.

Since the sanction, Bangladesh enhanced its effort to uphold the Human Rights situation in Bangladesh. RAB as an elite force also acknowledged the sanction and behaved in a more professional way. And it seems after one year, there are significant developments regarding both RAB and government policy. Foreign dignitaries and organizations are also lauding these developments.

Efforts from Bangladesh

After the announcement of the sanctions, Bangladesh immediately contacted the US diplomatic institutions to understand and assess the situation. As a part of the efforts, Bangladesh established Human Rights Cell in the Foreign Ministry under its United Nations wing.

Bangladesh also increased its diplomatic communications with the US, not necessarily because of the sanctions, but also due to growing geopolitics in the Indo-Pacific region, and commitment to deepen bilateral relations with the US. In the last two years, both countries undertook 18 bilateral visits of mid and high-level. Bangladesh sent 7 delegations to the US while the US sent 11 delegations including Donald Lu’s latest.

Both countries also hold the bilateral Partnership Dialogue and Security Dialogue in March and April of 2022. In the same year, they also celebrated 50 years of their anniversary. Bangladesh’s foreign minister also met his counterpart in April 2022.

While many rogue states such as North Korea, react to the US sanctions by projecting hard power or test-launching missile, Bangladesh resorted to diplomatic means to raise and provide an update about the agenda to its counterpart. Almost in all diplomatic meetings, Bangladesh raised its concern about the sanction. Bangladesh even gave a ‘non-paper’ dossier to Under-Secretary Victoria Nuland, when Nuland came to Bangladesh in March 2022.

Significant Developments

Since the US sanctions on 10th December 2021, the allegations of extrajudicial killings have gone down in Bangladesh. It has reached zero after one year. There were no new allegations of extrajudicial killing by RAB for the last 13 months. RAB’s name was not also mentioned in any other allegations or negative deeds. Therefore, RAB is maintaining a ‘clean record’ at least for last 13 months or so.

Apart from that, the Human Rights situation also improved in Bangladesh in the meantime as the government gave extra effort to project the situation to the international community. During Under Secretary Nuland’s visit in March, she also acknowledged that the situation has improved.

The US Assistant Secretary Donald Lu also acknowledged the further development regarding the allegations against RAB. Secretary Lu visited Bangladesh on January 14th and 15th. He also acknowledged the falling extrajudicial killing in Bangladesh. He also said that there was ‘tremendous progress’ in reducing extrajudicial killings after the US sanctions.

Home Minister Asaduzzaman Kamal also told the media that the US delegation is satisfied with RAB’s current activities. In another expert talk with The Business Standard, the Home Minister further said that the US also praised the actions of Bangladesh in combating militancy, terrorism, arson, and radicalism.

Apart from the US, global watchdogs are also acknowledging the fact. Human Rights Watch World Human Rights Report 2023 mentioned that there is a ‘drop-in abuse’ in Bangladesh (See Page 68).

Such transformation in the US perspective within only 13 months regarding a sanction is very unique considering the history of sanctions. Bangladesh’s diplomatic efforts and commitment to upholding Human Rights deserve praise in this regard. Till now Bangladesh is dealing with the issue prudently.

Lifting the sanctions in a diplomatic manner will require making it a national security interest for the USA. An elite force with a ‘clean record’ and its die-hard effort in curbing terrorism and militancy, fighting drug and human trafficking, and anti-piracy drive can easily draw US national security interest in this region. And RAB has the ability to become so. Considering the historic relations between the US and Bangladesh, the Sanctions are the only ‘strain’ in this bilateral relationship. Lastly, as there are praiseworthy developments, both countries are likely to pass beyond this issue in the near future if Bangladesh continues to maintain the positive trend.

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