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.
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
India may attack Pakistan under false flag operations
Prime Minister Imran Khan once again stressed that India is gearing up for false flag operation to divert the entire world’s attention from the genocide it is committing in its part of Jammu & Kashmir.
India is accustomed to attacking Pakistan on lame excuses to divert world attention to its crimes. Last year, in February, using the self-designed Pulwama incident, committed surgical strikes deep into Pakistan. Just after the hours of Pulwama incident, without conducting any inquiry or collecting evidence, the Indian Prime Minister blamed Pakistan and threatened with surgical strikes. Pulwama was pre-planned and used as a lame excuse only. A similar trick can be repeated by India again.
In fact, India is facing a massive economic crisis, internal insurgencies, mass-protests, ethnic divides, and religious discrimination. Poor agriculture declined Industrial output, and lack of economic activities, the country is facing enormous challenges.
Due to its poor records of Human rights and religious discrimination, the world reaction is intensified. Human rights watch’s reports, or the US commission on religious freedom’s story, or EU reports, all are condemning India. Islamophobia has distanced India from the Muslim world too. India is facing isolation internationally.
Having disputes with all its neighbors, India is under immense pressure. Indian territorial disputes with Nepal had taken a new turn, when Nepal issued a new Map, showing its whole territory, parts of Indian Occupied territories too. Amended Citizenship Act may impact two million Muslims and may face deportation to Bangladesh, and water disputes make two countries (India-Bangladesh) enemies. With Mayanmar, territorial disputes and refugee issues also made odd-relations between them. By supporting Tamil insurgents, India spoiled its relations with Sri Lanka. Over-interference in domestic politics, its ties with the Maldives soared. The Illegal occupation of Jammu & Kashmir, Gurdaspur, Juna Ghar, is the real cause of tension between India and Pakistan. Denial of right of Self-Determination of Kashmiri people for seven decades and non-implementation of UN resolutions passed in 1948 on Kashmir are genuine concerns for Pakistan. Frequent violation of line of control and cross-border terrorism is a matter of serious attention. Indian occupation of Chinese territory and border clashes are getting severe recently. India hosts the Dalai Lama’s exiled government of Tibet, and openly opposing BRI is causing discomfort between two countries. The over-tilt toward the US and Indian attempts to compete and contain China may be a genuine issue of concern for Beijing.
The recent tension with Nepal and China may become a catalyst, and India makes another false flag operation against Pakistan. India is using spy-drones against Pakistan, one of such was shot down by Pakistan 650 meters inside Pakistani territory.
Indian frequent violations of Line of Control (LoC) and cross border terrorism, are the tools to incite Pakistan and force to a full-fledged war.
Pakistan is in the hands of visionary leadership, and the people of Pakistan are peace-loving in nature. Pakistan has been observing restrains and patience because we know the consequences of war, especially when both India and Pakistan are nuclear states and posses enough piles of weapons to eradicate each other. If India is crazy, we are not.
It is an appeal to the international community to intervene and force India to cool down its war-craze. UN and P5 may notice an aggressive Indian attitude toward all its neighbors, especially with Pakistan. Timely intervention may avert a big disaster.
However, our love for peace may not be mistaken as a weakness. If war imposed, Pakistan is in a position to surprise India. We did surprise India last year on 27 February and can surprise in a much stronger way if a situation arose in the future.
Afghan Peace Process and Indian Involvement
The Afghan peace process initiated in 2018, marred with episodic halts, finally witnesses an agreement between the US and Taliban on February 29, 2020, in Doha. Both signatories Taliban and the US agreed to some core conditions and compromises to be made. Afghanistan, a land known as the Graveyard of Empires has become a huge quagmire for the US forces and now even after 18 years of war they are still nowhere close to defeating the Taliban. Eventually Taliban had to be accommodated in the US strategy for Afghanistan. The Taliban are still stronger on the ground. There have been occasions even after the deal when Taliban were found to carry out attacks to show off their military strength and presence. This sends out a message to the US that a reduction in violence may not be confused with complete termination of attacks. Taliban being fully aware of their limitations as a disciplined troop, realize it would be hard for them to bring back their militia into the region if peace process doesn’t settle desirably. Geographically Afghanistan is at the crossroads of Central Asia and South Asia and is also bordered with Middle Eastern states. Such geographical presence makes everything happening in Afghanistan reach a dozen of adjacent countries with great intensity and magnitude. Recently concluded agreement in February this year has offered a world to witness a historic moment in which parties at dispute are finally making adjustments to end this protracted war. This agreement will have far reaching impact on many regional countries which will be compelled to respond according to their interests and likely benefits.
Most recent development in the Afghan Peace process is the induction of a “Power sharing Deal” between Ashraf Ghani and Abdullah Abdullah. The power sharing deal is a political settlement wherein both Ghani and Abdullahare looking forward to sharing the burden together in a hope to pave a path to peace, improved governance, human rights, laws, values eventually moving towards successful materialization of Afghan Peace Process to have stable Afghanistan.US secretary of state Mike Pompeo also supported this political settlement to end the conflict. In the meantime, Secretary-General of NATO Jens Stoltenberg applauded the deal between Ghani and Abdullah.
This however wasn’t an easy feat. US had to nudge the naysayer: India in this case;for its negative and its covert activities to derail the peace process. India finds a stable Afghanistan unfavorable to execute its illicit activities and propaganda. There would be less chances to exploit the soil of Afghanistan for its vested interests. Zalmay Khalilzad, the US Special Representative for Afghan Reconciliation had a meeting with India’s External Affairs Minister, S Jaishankar in New Delhi and conveyed the firm message for India to shun its anti-peace role in Afghanistan. Chief Negotiator of Taliban, Abbas Stanikzai also criticized India stating “India has always played a negative role in Afghanistan. India supported traitors in the country.” Such Taliban sentiments are prevalent but rarely expressed. Afghan government/NDS and RAW has consistently opposed peace with the Taliban as both stands to gain from discrediting the Taliban. Therefore, depicting Taliban as violent and active propaganda showing them as unreliable to firmly handle the evolving situation, serves Indian interest. Coupled with all this, a delayed withdrawal of US troops and attacks still being carried out in Afghanistan fueled the violent situation to the relief of spoilers of peace that want to see the peace deal completely derailed.
India’s Afghanistan policy is very much Pakistan-specific. India doesn’t want peace in Afghanistan because unrest on Pakistan’s western border makes it doubly challenging for Pakistan to secure its borders on two fronts. India backed anti-separatist elements get free flow across the porous Durand line into Baluchistan. This is the very reason India never favored a peaceful political settlement between Taliban and Afghan government. Some Indian analysts such as former Foreign Secretary Shyam Saran openly argue that Indian policy should aim at preventing complete Taliban takeover of Kabul, provoking Taliban towards a broad-based government.
While India remained active in hampering the peace process, globally Pakistan’s key role in the entire peace process has been highly appreciated. Zalmay Khalilzad US Special Representative for Afghanistan Reconciliation praised Pakistan’s efforts for the deal. Moreover, Pakistan’s role in the peace process is also recognized by Russia, China, and the Afghan Taliban. Pakistan has made several efforts to bring the Afghan Taliban to the negotiating table with the US which eventually resulted in the much awaited peace agreement and has become a ray of hope for the stability of Afghanistan and region as well. There is no doubt this peace deal is in the interest of Pakistan and peace of region because stable Afghanistan means stable Pakistan. Moreover, there are now brighter prospects for lesser clashes near Durand Line between Pakistan Armed Forces and Afghan Forces .Afghan forces have been time and again attacking Pakistani forces near the Pak-Afghan border. It is hoped that the new political regime will also help in maintaining border peace between the two neighboring countries. However, one has to keep looking out for possible Indian mischief as it doesn’t want peace to prevail in Afghanistan.
World Must React to Hindutva Terrorism
The Hindu ideology has transformed into the crude discourses of anti-Muslim platitudes and therefore, existing language of local stereotypes in India has been reinforced with modern offensive terms of intolerance especially against minorities. Since the beginning of the twenty-first century, Hindu nationalism has erupted as a dominant power and this power has been executed by rightwing forces to implement the agenda of ideology based on Hindutva. V.D. Savarkar in 1923, used this term to accentuate that Hindutva was not synonymous with Hinduism. Hindutva is a racial ideology to establish Hindu identity while disposing of Indian nationalism in favour of Hindu nationalism. Hindutva’s aspiration is not only restricted to the ballot box, but its magnitude has also started to fabricate societal bondage in India. Through its offensive means “Hindu Renaissance” has made inroads into schooling, developmental initiatives, business activities, community, and virtually every other area of public life. What has transpired is that Hindutva has been growing and expanding well beyond the traditional sphere to explicitly or partially linked organizational network of its militant wings like Rashtriya Swayamsevak Sangh (RSS).
Hinduism is considered to be a nonviolent faith but unfortunately, racists mindset of Hindutva activists, who just perceive the material aspect of religion, exploited this faith. The aim of Hindutva is to create Hindu political dominance over non-Hindus through violent means while reducing demographic aspects of minorities to second-class citizens. Hindutva has embodied in the financial, social and cultural realms of India and its most influential incarnation is the sphere of radicalism and militancy. Signature activities of militant Hindutva include violence such as deliberate anarchy; the closure of 100 churches in 2018;the bomb blast of Samjhauta express; the anti-Muslim genocide in Gujarat 2002; thousands of deaths during anti-Sikh pogrom in 1984; vicious assaults on lower caste Dalits and the brutal death of India’s revolutionary leader Gandhi. Despite having strong evidence in most instances, victims of such crimes mostly avoided the repercussions of their acts. Now Indian society has accepted the alteration of glorifying Hindu extremism. The most prominent instance is two times election victories of the current Indian Prime Minister Modi, who was the driving force behind the 2002 anti-Muslim pogrom.Hindutva’s extremist philosophy is once again capable of dictating the sociopolitical existence of India when Narendra Modi, who once operated as the main Hindu nationalist leader, gained power.
During the recent Delhi Riots, Indian government immediately claimed that the bloodshed was random as the neighbourhoods in India’s capital were burning and bloodletting engulfed about 40 bodies, most of them Muslim. The killings were neither accidental nor unwarned but they were inevitable due to continuous detest by Hindutva extremists towards Muslims. The initiatives of PM Narendra Modi have imposed tyranny, seized organizations and fostered religious hate. Methodically, the persistence of Modi’s policies is producing a toxic Hindu extremist environment.BJP government has appointed most heads of the major universities and cultural institutions from factions of extremist Hindu nationalist allies. Place names have been modified – even in the curriculum – to play down the connection of Muslims to India and to give Hindutva ideology most prominent position. With these policies in hands, it was just being a matter of time before everything blows up and Delhi riots are just a genesis of future religious conflicts in India. Several Muslim Indians have already claimed that they never feel so oppressed.
The official policy is skewed towards Indian Muslims and the whole society is at the crossroads. Terrorist activities and Muslims are often associated with each other because that is the natural understanding propagated by Hindu nationalists. BJP’s leadership has openly categorized Muslims as terrorists and suggested: “to feed them bullets, not biryani.”There are numerous, profound and long term implications of this witch hunt for Muslims. Hindutva outfits act in secrecy to carry out their dark plans with a veil of tradition. The false flag operations, the Malegaon Blast by Abhinav Bharat, Hement Karkare’s assassination and death of Advocate ShahidAzmi are major instances of Hindutva terrorist activities.
India is also at the brink of a new form of religious polarization in the latest crisis created by Covid-19. Thanks to the efforts of Hindutva nationalists, the Indian government is also scapegoating Muslims for the spread of the coronavirus. BJP’s leaders in India are calling for a boycott to do business with Muslims by spreading rumours that Muslim vendors are infecting vegetables with saliva. The pandemic has offered Hindu nationalists a fresh chance to suppress an otherwise vulnerable minority community and Indian Muslims are sensing more terror against them by Hindutva fanatics.
Although the social inequalities in India remain a cause for alarm, the senseless aggression of its military is getting increasingly worrisome. PM Modi upset the whole India as he denied the decade-old tradition of giving the Indian army baton to the senior general as head of military forces; rather, by superseding two well-regarded generals in December 2016, he appointed hardcore Hindutva nationalist General Bipin Rawat. Subsequently, Modi has also created the Department of Military Affairs and institutionalised the post of Chief of Defence Staff (CDS) to further adjust General Rawat into mainstream military decision making. Given the hawkish approach to Kashmir and other current insurgencies in India by General Rawat and the spreading of BJP’s nationalist narrative, the change was perceived as a politicizing the army.The infamous release under bail and reintegration into the Army of an intelligence officer after completing nine years incarcerated for violence and terrorism indictments further illustrate India’s military alliance with ultra-right-wing nationalist terrorism. Lt. Col. ShirkantPurohit is claimed to be the creator of another radical Hindu extremist party, Abhinav Bharat and he was also active in many militant assaults targeting Muslims under the influence Hindutva or Saffron terrorism.
As India aims to reach the global community and prove its international superiority, the world must be mindful of the transformation of India from a democratic and thriving society into a suffocating repressive religious ideology. The world must take note of the 2020 Annual Report of the United States Commission on International Religious Freedom (USCIRF), which recommends entitling India as “country of particular concern” for instituting national level policies violating religious freedom across India, especially for Muslims, and much more. Whereas in India Muslims are being murdered, the majority of the world is too sluggish to denounce these atrocities. Increased regional radicalisation and terror threats would be motivated by the Modi regime’s ability to carry on with its ideology of Hindutva. The international community must start paying more emphasis on countering Hindutva and saffron terrorism.
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