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Indian Supreme Court: Anti-government statements not sedition

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Today most governments are increasingly intolerant of the public criticism of their misgovernance, deception and corruption. The critics are attacked and even jailed – India claiming to be the largest secular democracy in the world suffers badly on that count.

Many critics face notorious seduction charges and are in jail because of their conviction to defend what they believe in. The situation has reached such a level of fear in the minds of people that they are scared of telling anything considered to be the truth in nation where its founding father Mahatma Gandhi taught the values of truth.

In India sedition is being used as state terror techniques to instill a fear and stop the critics form speaking the truth. Those who speak the truth are either killed or taken to jail. Many critics of Hindutva ideology have been murdered in Karnataka, and elsewhere and those who sell beef or eat it are beaten to death. 

This vulture phenomenon is the new Indian culture of intolerance. Ever since the BJP came to power under RSS leader N. Modi, the insanity of intolerance has grown multifaceted. While the government promotes ‘Ghar wapsi’  to convert Muslims, Jews, Sikhs, jains and Christians into  Hinduism/Hindutva, Muslims cannot propagate for their faith or convert Hindus into Islam even if  the Hindus persist for joining the Islamic community. Cases are filed if a Hindu becomes part of Muslim community.

So much of hatred is being pumped into national consciousness by the regime agencies.

At long last, the Supreme Court of India has come out to clear the mess due to sedition threat through a historic verdict.

Indian courts are dumped with false sedition cases.

The Supreme Court on October 08 said that all authorities across the country would be bound by the Kedar Nath judgment of the apex court, which limits the scope of filing sedition cases under the provisions of Indian Penal Code. A bench of Justices Dipak Misra and Uday Lalit gave the direction after Prashant Bhushan appeared on the behalf of the petitioners –NGO Common Cause and S. P. Udayakumar (an anti-nuclear activist in Kudankulam Tamil Nadu, against whom sedition charges have been made and arrested on several occasions) – and said that there has been an increase in the number of sedition cases being filed.

Eminent lawyer Bhushan argued before the bench that the law of sedition is being grossly misused, misapplied and abused by the authorities and that the authorities are not following the judgment in Kedar Nath which states that Section 124A (sedition) is only applicable where there is violence or incitement to violence in the alleged act of sedition.

Taking note of this submission, the bench in a brief order, said “we are of the considered opinion that the authorities while dealing with the offences under Section 124A of the Indian Penal Code shall be guided by the principles laid down by the Constitution Bench in Kedar Nath Singh vs. State of Bihar case.  Except saying so, we do not intend to deal with any other issue as we are of the considered opinion that it is not necessary to do so. The writ petition is accordingly disposed off.”

The petitioners were concerned at the increasing number of ‘sedition’ cases being filed across the country, the latest being the slapping of a charge against Amnesty International India for organizing a debate on Kashmir and against Kannada actor-turned-politician, Ramya for her ‘Pakistan is not hell remark,’ and challenged this provision in the Indian Penal Code. They said there has been an increase in the number of cases of sedition against intellectuals, activists and students.

The petition was for the Supreme Court to address the misuse and misapplication of IPC Section 124A (sedition law) by the Centre and various state governments, which has led to routine persecution of students, journalists and intellectuals engaged in social activism. It submitted that these charges are framed with a view to instill a fear and to scuttle dissent and are in complete violation of the scope of sedition law as laid down by constitution bench judgment of Supreme Court in Kedar Nath.

In the petition, a prayer was made for the issuance of an appropriate writ, order or direction making it compulsory for the concerned authority to produce a reasoned order from the director general of police or the commissioner of police, as the case maybe, certifying that the “seditious act” would either lead to the incitement of violence or had the tendency or the intention to create public disorder – before an FIR is filed or an arrest is made on the charges of sedition against any individual.

In the various cases that have been filed in recent years, the charges of sedition against the accused have failed to stand up to judicial scrutiny. The petitioner therefore sought strict compliance with the constitution bench judgment of the Supreme Court in Kedar Nath in which the scope of sedition as a penal offence was laid down and it was held that the gist of the offence of sedition is “incitement to violence” or the “tendency or the intention to create public disorder”. It was submitted that those actions, which do not involve violence or the tendency to create public disorder – such as the organisation of debates/discussions, drawing of cartoons and criticism of the government – do not constitute sedition.

Section 124A of the IPC states “whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India shall be punished with imprisonment for life to which fine may be added or with imprisonment which may extend to three years.”

The petitioners regretted that more than 50 years since the Kedar Nath judgment, Section 124A of the IPC was being allowed to be used irrespective of whether the alleged act or words are, in fact, seditious acts, or constituting a “tendency to cause public disorder or incitement to violence”.

In carrying out arrests and slapping charges, the police and the governments have rarely, if ever, respected this restriction. Successive governments have blatantly used Section 124A to stifle the voice of dissent and to further their political goals. Quoting statistics, they said, according to the National Crime Records Bureau (NCRB) report of 2014, as many as 47 sedition cases were reported across nine Indian states in 2014 alone. Many of these cases did not involve violence or incitement to violence, which is a pre-requisite for a sedition charge. It was submitted that as per NCRB figures, a total of 58 people were arrested in connection with these cases, but the government managed only one conviction.

It said that in 1979, India ratified the International Covenant on Civil and Political Rights (ICCPR), which sets forth internationally recognised standards for the protection of freedom of expression. However, misuse of sedition law under Section 124A and the arbitrary slapping of charges continue to restrict speech in ways that are inconsistent with the ICCPR. In the Kedar Nath judgment, the apex court unequivocally narrowed the scope of Section 124A, but it continues to be misused, thereby making it imperative for this court to issue necessary directions and guidelines to uphold its decision in Kedar Nath which is also compatible with India’s international obligations.

The petitioner acknowledges that words which directly provoke violence, or which directly threaten the maintenance of public order, may deserve censure. However, that is not what the misapplication of sedition law seeks to achieve. The present practice of misapplication of sedition law violates the Kedar Nath judgment. It further aims to crush all opposition to the ruling political party. The regular use of the law continues to have a chilling effect on the freedom of speech and expression in the country. It was submitted that though a small number of sedition cases lead to actual conviction; it causes harassment of individuals till the time judgment comes, which in various cases takes several years.

Meanwhile, individuals charged with sedition have to live without their passport, are barred from government jobs and must produce themselves in court at all times as and when required. A person who is charged also has to spend money on legal fees. The charges have rarely stuck in most of the cases, but the process itself becomes the punishment. The petitioners prayed for a review of all pending sedition cases and for criminal complaints for sedition made before a judicial magistrate with a view to curb the misuse and misapplication of the sedition law.

Observation

Indian government and its core media, especially the TV channels always make it a point to threaten those who speak against the policies of Indian government, particularly on foreign policy matters and Indian attitude towards Kashmiris, with sedition charges.

The historic judgment of the Apex Court on the subject has made it amply clear about the rights of Indian citizens to be watchful the government actions and criticize the actions if they are not found correct.

People have the right to question the policies and principles of Indian government, elected by the people who offer the mandate to rule the nation on their behalf for a term as such the government should enact laws to strengthen the democratic and secular fabric of India and not to try to curtail the freedoms of speech. .

Many Indian human rights people have been warned against opposing militarization of Kashmir and genocides of Kashmir Muslims in Jammu Kashmir and threatened in open in debates with seditions charges and such threats meant to bully and silence the critics of state terrorism. Even Hindus are scared of taking about Indo-Pakistan relations in a positive sense for that reason. TV channels a parade the anti-Islamic, anti-Muslims, and anti-Kashmir, anti-Pakistan guys to jointly attack all of them and make Hindus happy.

Ultra fanaticism belongs exclusively to Israel and India. Their strategic boss USA is slightly better.

Dr. Zakir Hussein – a known Islamic scholar who propagates his vision of Islam is now in jail on “serious” sedition charges. One is not sure if he would be killed in jail in some fake encounter for his firm Islamic faith in Hindutva India. Hopefully he would be released soon after the judgment.

In view of the breathtaking judgment of the Supreme Court on sedition, the federal and state governments should initiate actions if anybody either in the government or media or anybody else MP or MLA, threatens the critics with sedition charges.

India should have zero tolerance to violations of basic human rights.

The Hindutva forces should sop injecting venom into national consciousness by spreading false propagandas just for votes in the forth coming polls.

Polls come and go but unity of India and accommodation of thoughts of minorities should be taken care of by the state.

If the Hindutva forces continue to create divisions in India along communal lines, it is better if the Supreme Court, if it cannot streamline Indian politics making it non-communal as India is a great nation of several religions, languages and nationalities and cultures, could consider canceling elections for the next 10 years and ban hate communal speeches form the public platforms and in meetings. 

Communal hate politics, just like fake entertainers enjoying Padma awards – meant for sincere people of meritorious, selfless services to the nation, as their birth right, has ruined Indian prestige greatly.

Majority fanaticism is ill conceived by the regime but the phenomenon is looked down upon by the world community

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South Asia

The man who saved the world from Pakistan

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image source: voices.transparency.org

But for a few brave souls like Frits Veerman, Pakistan would have become the world’s most frightening nightmare. Not that it is not today but it could have been worse: we could have been facing a nuclear Armageddon now.

Veerman, a professional photographer in Amsterdam, was one of the first to ring warning bells about Pakistan’s skullduggery in stealing nuclear documents, materials and technology to build its own nuclear bomb. His warnings were brushed aside, he was forced to keep quiet, sacked and harassed to no end for speaking the truth. In a just world, he should have been hailed as an icon of courage. He died in relative obscurity recently.

His story will, however, continue to live, a story of courage to speak out in a world where truth often falls to realpolitik. When Pakistan was running a big nuclear smuggling ring from its diplomatic missions and other agencies, governments and security officials in different parts of the world chose to look the other way. In fact, many connived in the colossal thievery.  They  knew  what  Khan  and his  associates  were  doing  but business and political interests trumped over reason.

Veermen was the only one to say that `the emperor was naked`. He could have easily succumbed to pressure or greed but he did not, and even at a great cost to his life, he chose to speak out, rather than keep quiet.

Veerman discovered the Pakistani game when he was a   young professional photographer in Amsterdam. He used to work at a consultancy firm, FDO (Fysisch-Dynamisch Onderzoek), as a technical photographer. An important client of FDO was   Ultra Centrifuge Netherlands which was part of a top secret project run by a consortium of Dutch, British and German scientists at a nuclear plant in Almelo. In May 1972, a young and charming Pakistani scientist, Abdul Qadeer Khan joined the team as a translator of technical documents. He soon became friends with Frits Veerman. He took pictures of centrifuges for him. The two shared an office and met at dinners in the evening. Veermen was introduced to Khan’s wife and two daughters and often went to their house for dinner.

Khan quickly expanded his circle of friends and he would freely access areas at the nuclear plant which were hitherto prohibited. It was sometime in 1973,  a year  after the Pakistani joined the consultancy firm,  that Veermen had his first doubts. He thought there was something fishy about the manner in which the Pakistani was charming his way through the rank and file of the establishment.

It was two years later that Veermen’s suspicions became stronger. He realised that the young Pakistani was in fact a thug–he was stealing classified papers from the plant. This happened one day when he went to Khan’s house near Schiphol airport for dinner.

What he saw took his breath away. He saw top secret centrifuge drawings lying around in Pakistani scientist’s house. They were supposed to be at the plant and locked up in vaults. As Veerman later recalled in an interview with BBC, “That was my biggest worry, what was he doing with those drawings? All the little pieces of the jig-saw put together made me come to the conclusion that Abdul was spying.“ Khan asked him to photograph the documents for him but Veermen refused. He also happened to overhear a telephonic conversation between the Pakistani and his old professor in Leuven about sensitive centrifuge matters. Veerman lost no time in reporting the matter to his superiors. His seniors heard him out and told him to keep quiet. He was asked not to speak about what he saw and found to anyone.

In late 1975, when AQ Khan realised that he was coming under greater scrutiny from a multitude of agencies, he took leave from the office, and along with his family flew back to Pakistan. He never returned. What many did not realise for some time was that Khan had smuggled out precious drawings and a no less useful rolodex of key suppliers of nuclear material and technology in Europe and elsewhere.

But Veerman had not heard the last of Khan. From Pakistan, his former friend wrote to him frequently seeking answers to technical questions about nuclear technology. When he showed one such letter to his superiors, he was asked to burn it. Less than a year after Khan fled Amsterday, FDO held a meeting on the issue where Veerman repeated his assertion that Khan was a spy. Veerman later gave a statement about Khan to Dutch police. But, as Veerman were to find out later, his blunt accusations did not endear him his superiors or others in the government. In fact, the nuclear consortium and consultancy firm, FDO, were delighted when Khan sent his emissaries with a long list of items and work he wanted to contract to European firms. Soon after, Khan’s technicians began arriving at FDO to take a “ “a course in ‘how to build an ultracentrifuge’’, Veerman commented.

In 1978, Veerman lost his job. No reasons were given but he knew he was being sacrificed for speaking out against Khan’s smuggling ring and the complicity of the nuclear plant officials as well as government authorities. The powerful nuclear industry lobby did not want any investigation because it would have exposed its laxity and complicity. The government too was not keen on any probe because it would have been embarrassing and would have impacted diplomatic relations with some countries. So they all kept quiet. The one man who spoke was asked to shut up.

In 1983, during a meeting with FDO officials, when he realised that his only crime was his outspokenness, Veerman was furious and decided to tell the story  to a Dutch newspaper. But nothing came out of his expose and he quietly retreated to a lowly paid job and into obscurity. The state, however, chose to punish him further–he was put on an international watch list and for many years questioned by police whenever he travelled abroad. He was stalked by the police. In one such instance, his family in a car was stopped by armed police.

It was only in 2016 that his role in breaking the world’s most dangerous nuclear smuggling network  was acknowledged by the authorities. The Whistleblowers Authority, a Dutch institution created in 2016, came to the conclusion that Veerman was unfairly treated at the time, as it considered it likely that whistleblowing was the reason for firing him in 1978. A recent report of the Huis voor Klokkenluiders, the Dutch Whistleblowers Authority, showed that the agency had finally absolved Veerman of any charges and in fact pointed out hy he, and not Khan, was punished.

In many ways, Veerman’s honesty and tenacity saved the world from even a more dangerous Pakistan. His act of courage deserves international recognition.

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South Asia

Pakistan and Germany are keen to Sustain Multifaceted and Mutually beneficial Cooperation

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Pakistan has varied history of relationship and cooperation with other countries in international arena. Despite of proactive foreign policy Pakistan has been struggling to acquire global or regional status as a major power. Now in the age of globalization, the foreign relations between states have become more significant than before. Global and regional organizations, societies, economic zones and countries have network to attract and develop relationship among them. A major goal of Pakistan’s foreign policy is to develop good relations with international community and to handle global and regional issues. Activism of Pakistan‘s foreign policy reflects on the domestic socio-economic development. The national interest of Pakistan also support to regulate inputs from the external atmosphere into internal situation and to strive security and territorial integrity in the region and glob which always remained top concern of Pakistan. As bearing geo-strategic position, Pakistan seeks good relations with regional and global powers like America, China and European Union. Within European Union Germany has emergence as the developed economy in Europe. It is not only playing vital role within European Union but at the global level. Pakistan is also enjoying cordial relations with Germany on the base of common interest and perception on all international issues. Germany is also very keen to see sustainable development in Pakistan and acknowledges that the Pakistan is playing constructive role for regional peace. Germany greatly values Pakistan intense to strengthen multifaceted and mutual beneficial cooperation. Both the countries have been engaged on political, economic and socio-cultural partnership.

In past, East and West Germany had tilted towards forming alliance with India in 1950s but in 1960s, President Ayob Khan‘s visit to West Germany established economic relation between both the countries. Post Pak-India war 1971, East Germany was the first country of the Europe who recognized Bangladesh. During 1990s, Pakistan and Germany established Pakistan German Business Forum and Germany had become the fourth largest trade partner of Pakistan in 2000.  Germany also was ally of Pakistan in the war against terrorism in the north-west part of the country. Since the last few years, both the countries developed trade relations as well as Germany invested in the field of science and technology in Pakistan. On August 24, 2014, Germany built Pakistan Gate in Berlin to provide business and trade facilities to the businessmen of both the countries.

In November 2018, Pakistan offered Germany to join CPEC and to invest in the Special Economic Zone (SEZs). The mutual trade between both the countries enhanced to 3.0 billion euro in 2019.In 2021, Both Pakistan and Germany are celebrating 70th anniversary of establishment of bilateral relationship. Both the countries are planning to undertake several activities in this regard. Last month German Ambassador visited Karachi Chamber of Commerce and industries to call German companies, entrepreneurs and investors to earn from the potential and opportunities which are available in Pakistan and to bring business communities of both the countries more closer as well. Foreign minister of Pakistan has visited to Germany and meeting with business and members of Pakistani community. The foreign Minister held meetings with the leadership of Germany and repeated the desire of expansion of bilateral economic activities and exchange of technology. Both sides also discussed rapidly changing situation of Afghanistan and South Asian region. During the discussion, Pakistani Foreign Minister Shah Mehmood Qureshi and Foreign Minister of Germany Heiko Mass, Pakistan and Germany agreed to review the entire gamut of Pakistan-Germany relationship and tools of further deep bilateral cooperation in the field of trade, investment security and defense, health, education, tourism. The mass of both the countries want to utilize the potential of good relationship but it is observed that both sides have lack of political hierarchy, dedication and sincerity in past. The development and expansion of bilateral relationship lies on the path of peaceful coexistence and serious changes in the socio-economic structure is needed. Peace process with the neighboring countries like Afghanistan and India may attract Germany to invest in CPEC projects and other local project of education, vocational training, dam construction, tourism and economic activities in Pakistan. There is a need to organize a forum for the students and scholars of both the countries could interact and exchange their expertise for academic, economic and technology growth. There is potential of people to people interaction and development of cooperation between Pakistan and Germany. Pakistan may be more benefit from the relationship with Germany if the serious efforts be made on government level.

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South Asia

Modi’s Illiberal Majoritarian Democracy: a Question Mark on the Future of Indian Minorities

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india democracy

The word majoritarian is an adjective which relates to or constitutes a majority, majoritarian politics, or majoritarian democracy. It can be defined as a traditional political idea, philosophy or a practice according to which any decision whether political, social, or economic of an organized society should be made by a numerical majority of that society or it can be defined as a traditional political philosophy that stresses that a majority usually branded by religious, language, social class that also includes other recognizing factors of individuals in a society are subject to a level of superiority in a society because of which they have a say in every affair of a society. The concept of majoritarian dispensation in India under Narendra Modi has deep links with four other political philosophies i.e. Populism, Nationalism, Authoritarianism, and Sultanism. Before exploring Narendra Modi’s majoritarian policy of governance in India and its effects on the future of Indian minorities, I will first uncover the link of majoritarianism to political philosophies as mentioned.

A majoritarian leader is actually a populist leader who works hard for the concerns of people that who thinks are being ignored by the established elite groups in a society, and who always present himself as a new man mostly of a modest and plebeian background against old political establishment, in spite of the fact that who is a seasoned political figure, but usually not centre stage. This is exactly what Narendra Modi is, because in his 2014 election campaign, he presented himself as a new man against the Ghandi’s family’s old political system despite the fact he was CM Gujrat at that time. He also presented himself as someone who belongs to a very plebeian background that he had to work in his father’s tea shop when he was a child. Whereas, nationalism is a political idea or a philosophy that promotes and protects the interests of a particular nation, nationalism is the bedrock of most of the populists and NarendraModi is no exception. NarendraModi is a majoritarian national-populist leader who since his childhood has been the member of RSS, and now is a full time pracharak of RSS ideology that stresses that Hindu are the true and only sons of this Indian soil.

Majoritarian national- populist leaders like Narendra Modi are basically authoritarian leaders who reject political pluralism, and this is exactly what Modi is doing in India.Modi  and the BJP has made it clear that no other party should compete with it, or is even needed, as indicative from its slogan of a ‘Congress Mukt Bharat’ (a Congress-free India).Whereas, Sultanism is a form of authoritarian government and according to Max Weber NarendraModi is a new sultan of India who is pushing India towards illiberal democracy by rejecting all kind of civil liberties particularly of Indian Muslim minority.

Modi’s majoritarian policy of governance in India is basically the promotion of majoritarian democracy that asserts Hindus a special and superior status in India because they constitute 80.5% of total Indian population and that this majoritarian policy protests Hindutva ideology  that stresses that Hindus are the only sons of this soil and that strengthen the Hindu community. This majoritarian democracy is a big question mark on India as the world biggest liberal democracy because continuous violence, rejection of civil liberties, and crimes against the minorities that are Muslims, Sikhs, and Christians have been on the increase. About 1.8 million people who are minority communities are tortured in police custody every year. The word murder of minorities has been replaced by the term encounter killings. Torture have increased to such a huge extent that it questions the credibility of the rule of law and criminal justice. Hindu nationalists are revolting all around India especially against Muslims because they are the largest minority in India constituting 13.4% of total population and because Hindus have resentment toward their religion, Christians and Sikhs are no exception to their violence because they too constitute 2.3% and 1.9% of total Indian population.

Unfortunately, India under Narendra Modi is crawling from the world’s biggest liberal democracy to illiberal majoritarian democracy which is promoting and safeguarding only Hindu’s civil rights and liberties and that which is negating minority’s civil liberties and civil rights especially rights and liberties of Muslims of India. One such example of this is the Citizenship Amendment Bill (CAB).Under the act, for the first time in India, religion is a basis for granting citizenship. According to some this citizenship amendment bill by BJP is an intentional act in order to marginalize Muslims from mainstream politics. In addition to this, Muslims are not only being tortured at their religious places for their religious affiliations, but they are also being tortured at their educational institutions which is evident from a video of 15 December 2020, where Delhi police brutally tortured Muslims students of Jamia Millia Islamia university.

Keeping in mind Narendra Modi’s illiberal majoritarian democracy, the future of liberal democracy or pluralistic India appears to be gloomy, where the future of Indian minorities especially Muslims is a big question mark. 

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