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China dimension to Kashmir conflict

Amjed Jaaved

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One has to admit willy-nilly that propaganda does have the power to distort fact. Nay, the distorted reality becomes beliefs that remain unchanged in dark recesses of gullible finds. Let us look at one such disinformation-drilled `belief’, as published and republished in India’s directories and yearbooks. The canard is that Pakistan yielded land (varying guestimates up to 5,000 square kilometres) under Sino-Pakistan boundary agreement signed on March 2, 1963. The truth is that China yielded 2,000 square kilometres of administered territory to Pakistan. C china does have boundary disputes with India. As an emerging hegemon, China could have amended its boundary maps in accordance with its official position of security and territorial integrity. But, president Xi Jinping of China has a phlegmatic temperament in stark contrast with bucolic, volatile Narendra |Modi of India.

Like Kashmir dispute, Mcmahon and Durand lines are maleficent legacies of British colonial raj (rule). The colonists left behind frontier ‘zones’ called ilaqas (un-demarcted regions) like the McMahon Line with Tibet (or Durand Line with Afghanistan). There was a hullabaloo when China took over the hypothetical McMahon Line in 1950.

India felt like being caught napping. The reality is that India’s then prime minister Jawaharlal Nehru was engrossed in Aksai Chin in Ladakh from 1949 to 1959. Tibet-Xinjiang Highway ran through McMahon Line, a vital area. India’s vital interest was the McMahon Line in the east. China did not protest at all when India ousted the figure-head Tibetan administration in Tawang in February 1951.

Background to McMahon Line

A few facts about McMahon Line are in order. In April 1914, McMahon somehow managed to get the draft treaty initialed by the Chinese delegate Ivan Chen. Later, McMahon and the Tibetan representative signed a joint declaration to the effect that the redrafted convention would be binding on both their governments.

Maxwell in his book, India’s China War, brings out that the map accompanying the draft convention showed the proposed division of Tibet into ‘Inner’ and ‘Outer’ Zones. The frontier of Tibet was marked in red colour and the proposed boundary between the two Tibetan Zones in blue colour. But the red line which for greater part of its length showed the boundary between Tibet and China, curved round its southern extension to show what would have been boundary between India and Tibet. In that ‘sector it followed the alignment on which McMahon had agreed with the Tibetans’. The proceedings of the agreement were made public in 1935 and the Survey of India began to mark the lines on their maps.

After the Second World War, the McMahon line got revived. Posts happened to be established in the two regions through routes, Walong and Dirang Dzong, which connected India with Tibet.

India’s view

Though India does not have a cogent case on the boundary issue, let’ us elucidate India’s point of view vis-à-vis China’s. India believes: (a) in the Eastern Sector, the McMahon Line is respected by China in the actual observance,  even though name of this line is anathema to the Chinese as a “hangover from the era of colonialism”. The two countries have divergent perceptions about two vital places. These are Thag La (Chodong) and Migyuton (Long ju). ThagLa lies towards east of Bhutan and adjoins it. Long ju lies, on another border route to the east of it. (b) In the Central Sector, that is, the alignment west of Nepal and reaching the Ladakh area of the IRK, the disputes concern the alignment of postures at Bara Roti (Wu Je). Here both sides have agreed before 1962 to respect the status-quo and not to maintain any military presence. (c) It is in Ladakh, that the two sides have a major difference over the alignment.

China’s view

The main points of the Chinese view are: (a) there were only four points of dispute on the line of actual control. Regarding area in Ladakh under dispute, China had declared in 1963 that she would vacate the area in which India had set up 43 military posts prior-to the War of 1962. However the border adjoining Baltistan and the Dardic States being under Pakistan’s control, India should first settle the Kashmir dispute with Pakistan. (b) The Aksai Chin road is vital to China, because it links Western Tibet to Sinkiang This road, built by the Chinese from Shigatse in Tibet to Yechen in Sinkiang, covers a distance of 2,000 miles at a height varying from 11,000 ft. to 16,000 ft. through Aksai Chin. In Akasai Chin the road passes through Shabidulla (once the outpost of the State of Jammu and Kashmir) and ends at Kokyar where Sinkiang begins. Even though the journey is difficult and arduous, the Chinese use it in preference to the Keriya route which passes East of Aksai Chin and also links Rhutog in Western Tibet to Khotan in Sinkiang.

The Aksai Chin road, together with the highway from Kashgar to the Khunjerab Pass and onwards into Pakistan, forms part of the lines of communication in the two remote non-Han autonomous republics, namely Tibet and Sinkiang). (c) Part of India’s border with the Sinkiang autonomous region is under Pakistan’s control since 1947. So, again, India should first settle the dispute with’ Pakistan first (As per Pakistan’s and Azad Kashmir’s governments’ agreement, the Northern Areas are under administrative control of Pakistan. (Facsimile of the agreement is given in Yousaf Saraf’s Kashmiris Fight for Freedom). The Northern Areas include Gilgit, Hunza, and Baltistan, except the frontier from Siachen Glacier in the West to the Karakoram Pass and Aksai Chin. (The areas are of importance to upper Ladakh as the two rivers, the Shyok and Mibra have their origin here in Rumo and Siachin Glaciers respectively. The two rivers join and then fall into the Indus River and serve the water needs of the whole area of Ladakh North of Indus.) (d) The provisional agreement between China and Pakistan in respect of the area west of Siachin Glacier in March 1963 gives the area of Shaksgam, which abuts on the Siachin to China. Some areas of Tapndumbash, Pamir and Raksam have been given by China to Pakistan. (e) The 1963 agreement between Pak and China covers the border right up to the Karakoram Pass. These areas will need tripartite negotiations when political conditions become favorable.

Why border dispute with China lingers on

India makes equivocal statements about its boundary position with China. It says one thing in Beijing and quite the other in New Delhi. China has magnanimously solved most of its border disputes with other countries, except India. China abhors India’s equivocation. India is content with endless “positive” and “satisfactory” Joint Working Group negotiations on the boundary issue. A recent article in the Chinese-foreign ministry sponsored journal, International Studies, Cheng Ruisheng, an advisor to the Chinese foreign ministry, claims that India illegally occupies 90,000 sq. km of Chinese territory in the eastern sector, 33,000 sq. km of Chinese territory in the western sector, and 2,000 sq. km of Chinese territory in the middle sector. 

Despite India’s diplomatic hypocrisy, the two countries took some well-meaning steps. They appointed special representatives to accelerate border negotiations, lingering for 22 years. Now, India prime minister’s principal secretary is India’s negotiator, replacing the India-China joint working-group. Indian prime minister’s visit to China in June 2003 was the first-ever in decades. The joint declaration signed during this visit acknowledged `China was not a threat to India’. India recognised China’s sovereignty over Tibet and pledged not to allow “anti-China” political activities in India (pampering De Lai Lama as a protégé).   On its part, China acknowledged India’s 1975 annexation of the former monarchy of Sikkim by agreeing to open a trading post along the border with the former kingdom and later by rectifying its official maps to include Sikkim as part of India. In his first address to the nation, then India’s prime minister, Manmohan Singh, emphasized carrying forward process of further development and diversification of Sino-Indian relations. Jingoistic Modi’s priority remained Pakistan, not China. It tried to weaken Pakistan internally (abetting terrorism in Khyber Pakhtunkhwa and Balochistan provinces) and bankrupting Pakistan at Financial Action Task Force underhand talks. It embarrassed China while getting some entities Pakistanis designated as terrorists.

Could Kashmir trigger disintegration of Indian ‘Union’

India should revisit its history how Indian Union came into being _through compromises with `rebellious’ icons like Sheikh Mohammad Abdullah of Kashmir, Master Tara Singh of East Punjab, Lal Denga of Mizoram, Angami Zapu Phizo (1913–1990) “Father of the Nagas”, , and so on.

Let India realise that Indian Union is a loose sally, a cauldron of centrifugal movement, at rest for the time being. Visualise what happens to this Union if China begins supply of weapons to various insurgent groups fighting in northeastern India. China hem India in from both, the eastern and the western flanks.

A digression of Naxalbari link to Kashmir’s freedom movement

India arrested several intellectuals for links to separatist movements (indiatvnews dated August 30, 2018). These letters `establish links between the Naxals and Kashmiri separatists’. They `suggest support of Congress leaders to extreme Leftists agenda, and even give proof that the arrested accused were involved in procuring weapons and arming the rebels through international routes’. The letters were written by, or on behalf of P Varavara Rao, Gautam Navlakha, Arun Ferreira, Vernon Gonsalves, and Sudha Bharadwaj. Police story `exposes

`Maoists plot to assassinate PM’. Congress shrugged off allegation as Modi’s ‘old tactic’).

The term “Naxalite” is rooted in Naxalbari village (West Bengal) where Kanhu Sanyal presented the concept of “forcible protest against the social order relating to holding of property and sharing of social benefits”. To him the purpose of the protest was “organizing peasants to bring about land reform through radical means including violence”.

Charu Mazumdar is given credit for making the Naxalite movement (“left wing extremism”) a practical reality. He started the movement as a “revolutionary opposition” in 1965.  The world came to know of the movement in 1967 when the Beijing Radio reported “peasants’ armed struggle” at Naxalbari (Silliguri division of West Bengal). In July 1972, the police arrested Charu Mazumdar.  They later tortured him to death on the night of July 27-28.

The Naxalite ideology has great appeal for marginalised strata (particularly,oppressed,and adivasis, tribal) of India’s caste-ridden society. The Naxalites aim, as contained in their Central Committee’s resolution (1980) is: ‘Homogenous contiguous forested area around Bastar Division (since divided into Bastar, Dantewada and Kanker Districts of Chhatisgarh) and adjoining areas of Adilabad, Karimnagar, Khammam, East Godavari Districts of Andhra Pradesh, Chandrapur and Garchehiroli district of Maharastra, Balaghat districts of Madhya Pradesh, Malkagiri and Koraput districts of Orissa would comprise the area of Dandakarnaya which would be liberated and used as base for spreading people’s democratic revolution’.

The Naxalites want to carve out an independent zone extending from Nepal through Bihar and then to Dandakarnaya region extending upto Tamil Nadu to give them access to the Bay of Bengal as well as the Indian Ocean’.  Several pro-Naxalite revolutionary bodies (People’s War, Maoist Communist Centrei,  and Communist Party of Nepal) merged their differences (October 15, 2004) to achieve their sea-access aim.

The tremendous appeal of the Naxalite movement is due to the popularity of their agenda for the common man _ land distribution and development of agricultural sector, ridding World Bank’s influence, social justice to the dalits (oppressed),  development of coastal Andhra and Rayaseema region, and eradication of corruption.

The movement is growing more and more popular.  It has already engulfed 13 Indian states and is spreading to the other states.  Chief ministers of India’s 13 states, at their coordination conference, admitted their incapacity to meet the Naxalite menace.  They appealed to the centre to raise a joint task force to meet the Naxalite insurgency.

India shrugs off Naxalite movement as an internal-security problem.  However, the populist appeal of the movement’s ideology reflects that it could assume international dimensions, if supported by China.  India’s Lieutenant General KM Seth laments, ‘Unfortunately, the threat to internal security from Naxalites has acquired dangerous proportions and can no longer be wished away.  …they are also developing links with Turkish and Philippino terrorist organisations…We have suffered and bled patiently and have taken huge human casualties, which could exceed 13,000, uniformed personnel and 53,000 civilians during the last 25 years… As of today, their overall strength could be put to approximately 20, 000 undergrounds, 50,000 over-grounds and more than a lakh in frontal organisations. Their armoury  is reported to comprise approximately 900 AK-47 rifles, 200 light machine guns, 100 grenade firing rifles, 2 inch mortars, thousands of .303 rifles, self-loading rifles and .12-bore guns with a huge quantity of explosives at their disposal’. (“Naxalite Problem”, U. S. I. Journal , January-March 2005, New Delhi, p. 19, 23).

India may blame Pakistan for the freedom movement (‘insurgency’ or ‘militancy’) in occupied Kashmir.  But, who shall she blame for the Naxalite insurgency in Andhra Pradesh and other Indian states? This is a movement against economic deprivation and brutality of the state or central government’s law-enforcing agencies.

Indian media has now begun to report that the counter-insurgency forces are fearful of grappling the Naxalites.  In Guntur (Andhra Pradesh), the Naxalite announced a cash reward of five lac rupees per policeman (“Reward scheme sends forces into huddle”, Indian Express, August 25, 2005). Then IG (Guntur Range) Rajwant Singh admitted, ‘My men are removing the posters and convincing the villagers to inform them about the activities of Naxalites’.

Hardly a day passes without a Naxalite attack on government’s forces or installations, attacks on convoys, banks, railway stations, kidnapping of informers and assassination of anti-Naxalite figures.  Some recent incidents include two Central Reserve Police Force personnel killed in Naxal attack in Chhattisgarh. The gun-battle took place near Keshkutul village under the Bhairamgarh police station area when a joint team of the CRPF’s 199th battalion and local police was out on an area domination operation (Press Trust of India, New Delhi, June 28, 2019). In another incident, fifteen members of the Quick Response Team of the Gadchiroli (Lendhari nullah in Kurkheda area) police were killed in a land-mine blast. Sixteen policemen, on way to inspect the torched vehicles, were blown off at police posts and forest department’s towers. Four policemen were killed to loot the sum of Rs 12 lac (railway-men’s salary), hacking 16 more. Earlier, Naxals killed of Bandwan CPI-M leader Rabindra Nath Kar and his wife, and Madhya Pradesh Transport Minister Lakhiram Kaware (Congress).

In Naxalite-influenced rural areas, there is no trace of India’s judicial system.  There, the Naxalite organisations act ‘virtually like policemen, arresting, meeting out “justice” and in some cases even executing the guilty’ (“Internal security situation”, India’s National Security: Annual Review 2004, New Delhi, India Research Press, 2005, p. 87). 

With merger of pro-Naxalite revolutionary bodies, the Naxalites are the sole arbiters of justice in rural areas.  To counter rising Naxalite influence, the BJP and the Congress-coalition parties are cooperating in anti- Naxalites operations. 

Analysts in India realise that the Naxalite movement would the biggest headache for the Centre in the next few years. India’s home ministry admitted `increased Maoist activity in the tri-junction of Tamil Nadu, Karnataka and Andhra Pradesh(Hindustan Times, New Delhi Jul 04, 2019. Security forces were taking stick-and-carrot steps so that `rebels do not gain any foothold in the southern states’. `States such as Chhattisgarh, Andhra Pradesh, Odisha and Maharashtra have dedicated forces to fight the Maoists. The CRPF has a separate unit, CoBRA [Commando Battalions for Resolute Action]to counter the Maoists’.

Inference

Conspicuously, China’s position regarding McMahon is tenable under international law. Yet, it hesitated to print new maps, showing its northern and north-eastern frontier without reference to any McMahon Line.

China supports Pakistan’s view on Kashmir. The portents are that disputed Kashmir could trigger disintegration of the Indian `Union’, provided China decides to support centrifugal movements, particularly the Naxalbari.  Insurgncies and wars are ugly but they continue to dot history pages. China needs to re-think through emerging geo-political scenario. With obdurate India still unwilling to talk on Kashmir, despite China dimension, solution of India-Pak-China Kashmir tangle is nowhere in the offing. 

Mr. Amjed Jaaved has been contributing free-lance for over five decades. His contributions stand published in the leading dailies at home and abroad (Nepal. Bangladesh, et. al.). He is author of seven e-books including Terrorism, Jihad, Nukes and other Issues in Focus (ISBN: 9781301505944). He holds degrees in economics, business administration, and law.

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South Asia

NOTA: A Step Forward Or Just A Toothless Tiger?

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Authors: Nakul Chadha and Abhay Raj Mishra*

 “ I went to vote once, but I got too scared. I couldn’t decide whom to vote for.”[1]Andy Warhol

The above-mentioned statement by an American artist to a certain extent defines the situation of almost every voter while casting his vote in a democracy. Every voter gets stuck in the dilemma that to whom he should vote so that it can be in a best interest for him as well as for the nation. Democracy is something which provides the citizens to participate and help in the formation of a good governance with their choice of change. It is essential that best of the men should be chosen for the survival of a democracy in a country.[2] Thus sometimes there comes a situation when voter has no confidence in the candidates that are standing in the fray, so he does not want to cast his vote to any of them.

Before NOTA, if a person wanted to abstain from voting to show his rage against the candidates, he has to go through a process that annihilated his secrecy. Hence, it pushed a need for a provision that allowed secrecy of every voter intacted even if he does not want to vote to any of the candidtes standing in the fray.

Hence, NOTA was introduced in the year 2013 keeping above points in mind by the Supreme Court through People’s Union for Civil Liberties v. Union of India[3] judgement. Although, It does not provide the Right to Reject and thus candidate who has got the maximum vote eventually wins the election irrespective of the number of  NOTA votes. Still, India became the 14th country to introduce a concept of negative voting.

The authors have critically analyzed the situation for which NOTA was required. The purpose of this article is to evaluate whether this reform in election process i.e. introduction of NOTA has contributed to strengthen the democracy or not. The authors have criticallly analysed the judgement of the Supreme Court in the case of PUCL v. UOI, 2013 and it also takes into consideration the belief and opinion of ECI about NOTA. It reviews the role of NOTA in the election process.

The authors have taken into account the issues like flaws and loopholes that are present in the provision and thus analyzing it and suggesting some of the measures that can be taken to make it more helpful in conduction of free and fare election and thus strengthening the backbone of democracy.

Background – Need For The NOTA

India stands as a paragon in front of many arising democratic countries and is also designated as one of the spirited democracy across the globe. One of the principle virtues of a democratic state is its free and fare elections. It is the fundamental principle for every democratic state to have Right to Vote as a constitutional right for the citizens and conduction of election in free and fair form. Although we are proud of our democratic system but there are many area that has to be strenghtened or renewed and in such a large country it cannot be done in one go but through a gradual development until we realize the true potential of a well-operative democracy.[4]

The main objective of NOTA was to increase the number of voters in the election and for maintaining the secrecy of a voter in an election. As secrecy of voting is one of the pivotal factor that keeps up the purity of a election. Introduction of Electronic Voting Machine (EVM) and implementation of rule 49-0 of The Conduct of Election Rules, 1961 raised the foremost concern for the Election Commission of India (ECI) as it made impossible to protect the privacy of voters who wanted to abstain from voting.

In order to fix the critical flaw regarding the secrecy of voters with respect to Right to Reject,

the Election Commission on 10.12.2001, addressed a letter to the Secretary, Ministry of Law and Justice. The letter declared subsequent opinions that the electoral right present under Section 79(d) also includes a right not to cast vote. It also suggested to provide a panel in the EVMs so that an elector may indicate that he does not wish to vote for any of the aforementioned candidate and at last gave the viewpoint that Such number of votes expressing dissatisfaction with all the candidates may be recorded in a result sheet. Although no actions were taken by the ministry in this regard.[5]

The fate of the Right to Privacy while voting was finally decided in the case of Peoples’s Union For Civil Liberties v. Union of India. In the afore-mentioned case, the Apex court stuck down Rules 41(2) and (3) and 49-O of the Election Rules as being ultra vires section 128 of the Representation of the People Act, 1951 and Article 19(1)(a) and Article 21 of the Constitution to the extent they violated the secrecy of voting.[6]

Rule 49-O – Elector deciding not to vote – “If an elector, after his electoral roll number has been duly entered in the register of voters in Form 17A and has put his signature or thumb impression thereon as required under sub-rule (1) of rule 49L, decides not to record his vote, a remark to this effect shall be made against the said entry in Form 17A by the presiding officer and the signature or thumb impression of the elector shall be obtained against such remark.”[7]

Citing section 128 and section 79(d) of RPA, court duly quoted that ‘secrecy of casting vote is duly recognised and is necessary for strengthening democracy’ to maintain the purity of elections.

Section 79(d) defines electoral right of a person to vote or refrain from  voting at an election whereas section 128 of the Act obliges any person performing any duty in connection with the recording or counting of votes at an election to maintain secrecy and penalizing in failure.

If the international provisions would be taken in consideration then Article 21(3) of Universal Declaration of Human Rights (UDHR) and Article 25(B) of the International Covenant on Civil and Political Rights (ICCPR) provides for secret vote for ballot for guaranteeing the unbound expresssion of the will of the electors.

Court said that no distinction can be drawn between the voter for the right of secrecy, regardless of the fact voter decides to cast vote or or to not cast vote in the fray.[8]

With this it was fully ensured that voter’s may or may not cast vote with maintenance of  their secrecy and purity but without the fear of being victimized if his vote is disclosed.

NOTA – As A Provision

NOTA is basically an option which gives voters a right to reject all the candidates. It is present at the bottom of the Electronic voting machines (EVMs) after all the contesting candidates and the voter can cast his NOTA vote by pressing it. Provided that democracy is all about choices and furthermore it is a essence of democracy, NOTA made it easier for voters to have a choice without being victimized.

Earlier, if the voter wants to cast a negative vote then he had to inform the presiding officer which surely was infringment of the Right to secrecy of the voter thus making him stand in a position of being victimized but this does not requires any involvement with any officer on duty and one has to give no information even if he do not want to vote to any of the candidate  contesting in the fray.

‘NOTA’ or None of the above came into existence in September, 2013 when the Supreme Court, in the case of PUCL v. Union Of India upheld the right of the voter to reject all candidates contesting elections saying it would help in cleansing the political system of India as it would lead to political parties contesting clean participants in election. So, Supreme Court in its judgement said “We direct the Election Commission to provide necessary provision in the ballot papers/EVMs and another button called ‘None of the Above’ (NOTA) may be provided in EVMs so that the voters, who come to the polling booth and decide not to vote for any of the candidates in the fray, are able to exercise their right not to vote while maintaining their right of secrecy”[9]

The NOTA option was first introduced in 2013 assembly election in four states Chhattisgarh , Mizoram , Rajasthan and Madhya Pradesh and one Union Territory, i.e., Delhi.

Positive Aspects Of NOTA

Addition of NOTA option on EVMs has helped in several ways in the election process such as by giving voters their freedom of expression, preserving their Right to Secrecy and with all this making a systematic change in elections.

NOTA as a tool for protest:

NOTA preserves freedom of Expression by allowing voters to express dissent or their right to reject all the contesting candidates. This would lead to potentially improve the voter turnout by providing an option to disapprove all the candidates, by this it can encourage more participation in the democratic process i.e. Elections. It also prevents bogus voting as a result of higher voter turnout.

Someone would go for NOTA option only if the ruling party has not done enough work in their previous election term and the opposition party is very weak. For e.g. we can take Gujarat legislative assembly election 2017, there seemed to be an incumbency on the part of Bharata Janata Party(BJP) rule in the state due to several factors and people wanted to change the ruling party but the opposition was Indian National Congress (INC) which has lost its significance in Gujratover the years due to Modi government .

So, it would have been a different scenario if voters chose NOTA option, there was a possibility that BJP would not have won the election in the first place or won it with a very little margin, helping them realise that the party has not done enough and thus encouraging them to work hard for the next election.

NOTA as a tool to protect secrecy:

NOTA also preserves voters Right to secrecy because before NOTA if a voter wants to reject all the candidates i.e. give a blank vote then according to rule 49-O of Conduct of Election Laws, 1961, voter had to sign a form with their name on it which would lead to violation of their right to secrecy and the blank voters could be traced and punished for their choice but with this there was no disclosure of any names to anyone helping voter to have his secrecy.

NOTA as a tool for change in politics :

After, NOTA there is a possibility that most of the candidates selected are honest because after NOTA the contestants representing the parties are also with good and clear public image as the political parties have fear that voters can give votes to the NOTA option.

By utilizing this power, electorates can send a clear signal to the political parties that some people are not happy regarding the candidates that are contesting in the election and thus creating extreme pressure on the parties to only field those candidates who are more acceptable to the electorates. This empowerment of the voters may also result to more systematic change in the election process.[10]

Negative Aspects:

Although NOTA to a certain extent has fulfilled its major cause, that is, to protect the voters of the country from being victimized by safeguarding their Right to secrecy but no rule or provision comes without flaws.

  • No significant increase in participation:

NOTA seems to fail in increasing the participation of voters in the elections, which signifies the strength of democracy as the court implied that turning up to booths and voting on NOTA is far better that not voting at all.

  • Not equal to Right to Reject:

The observation behind it was to give the voters a feeling of empowerment. But the meaning of the order has not been taken correctly. It in no way provides a Right to Reject. The Supreme Court just assserted that as people have right to show the liking for a candidate to be elected, in the same way they should have a choice for the Negative voting.

Yet, as former CEC, S.Y. Qureshi, points out by giving a example that even if 99 votes out of 100 total votes goes to NOTA still the candidate who has got that 1 vote will be treated as a winner, as he has got the highest number of valid votes. The rest of votes given to the NOTA are considered to be invalid or as no vote.[11]

  • Only a moral obligation to parties:

It only bounds the political parties to nominate a better and more ethical and moral valued candidate as larger number of votes going to NOTA shows a kind of disafffection towards the candidates that are present in the fray. But in general, it only puts a moral pressure on the parties rather forcing them by rules and regulations which in some ways is a bit more optimistic and thus political parties refuse to stop the candidates from contesting in the election making NOTA a tool of participation for voters and nothing more than that.

S.Y. Qureshi along with Mr. Rajeev Dhawan and Subhash Kashyap, Former Secretery General of Lok Sabha also believed that Supreme Court is in some way too optimistic in thinking that NOTA will by-product in a cleaner politics. While K.K. Venugopal and Association for Democratic Reforms (ADR) forced to elongate it a Right To reject.[12]

NOTA by far can be said said as toothless tiger as it does not result in re-election or disqualification of the candidates that once have got less vote than NOTA itself and thus, in no way it influences the result of elections. It is not a direct substitute to a bad governance but only is a motivation to change and improvement. Candidates also began to campaign against NOTA and said it be a wastage of vote and thus influencing the voters against it who may not have a full knowledge about the provisions.[13]

Conclusion And Suggestions:

With this, a conlusion can be drawn that a country like India having vibrant democracy, adding NOTA button in the EVM will certainly increase the political participation but only if, it is provided with more power and is implemented in better way. In order to further strengthen the NOTA, there are several suggestions.

There should be addition of rules that votes casted to NOTA should also be counted and if in an election where NOTA has got the most number of votes, none of the contestants should be elected and all the candidate contesting in that particular election would be barred from contesting again as they have already been opposed by voters.

Other than that, political parties should also think about the fact that they should only field such contestants in the election who have a certain qualification, experience in public service rather that by seeing his ability to spend money or to which caste or religion he belongs.

Also door to door campaigning should be stopped as it can help in manipulation of voters and mal-practice and corruption. Above all there is dire need of awareness programs to make voters more cognizant of the concepts of NOTA as one can only take a decision about certain things when he is fully aware of its repercussions and keeping in mind the fact voters are backbone of a democracy in a country.

*Raj Mishra, Maharashtra National Law University, Nagpur


[1] Edward D. Powers, “Third-Party Politics: Andy Warhole’s ‘Vote McGovern’, 1972, Zeitschrift Für Kunstgeschichte, vol.75, no. 3, pp. 391–416, 2012< www.jstor.org/stable/41642670 >Accessed May 3, 2020

[2] Ms. Mamta D. Awariwar, ‘Supreme Court Guidelines on Right to Reject and its Implication : A Study’, University Grants Commission, Pune, July 2017

<http://bvpnlcpune.org/Results%20PDF/Executive%20summary.pdf>

 Accessed May 3, 2020

[3] AIR 2003, SC 2363

[4] Sanjeev Kumar Chaswal ‘A Paradox of Right to Recall and Reject- A boon or a bane’ The Institute of Constitutional and Parliamentary Studies  

<https://www.academia.edu/8249541/_A_Paradox_of_Right_to_Recall_and_Reject_-_A_boon_or_bane_> Accessed April 29, 2020

[5] Report No. 255 , Electoral Reforms, ‘Nota and the Right To Reject’, ch.1, pp.190, March 2015,

<http://lawcommissionofindia.nic.in/reports/Report255.pdf>

Accessed April 29, 2020

[6] People’s Union for Civil Liberties v. Union of India, AIR 2003, SC 2363

[7] The Conduct of Elections Rules, 1961, Rule 49-O

[8] Pooja pandey, ‘ The NOTA Judgement in India: A Bigger Narrative’

 <https://www.academia.edu/35272294/NOTA_Judgement_in_India_Bigger_Narratives.pdf

 Accessed April 30, 2020

[9]                  PUCL v. Union Of India, 2003, SC 2363

[10] Arindam Mandal, Biswajit Mandal, Prasoon Bhatthacharjee, ‘Does NOTA Affect Voter Turnout? Evidence From State Legislative Elections in India’, Asian Journal of Economic Modelling, Vol. 5, No. 3, August 17, 2017<https://www.researchgate.net/publication/318008834_Does_Nota_Affect_Voter_Turnout_Evidence_from_State_Legislative_Elections_in_India>

Accessed April 30, 2020

[11] S.Y. Qureshi, Pressure of a Button, The Indian Express, October 3, 2013

 <https://indianexpress.com/article/opinion/columns/pressure-of-a-button/>

 Accessed May 3, 2020

[12] Katju Manjari, ‘The None of the Above Option’, Economic and Political Weekly, vol. 48, no. 42, October 19,    2013 <https://www.epw.in/journal/2013/42/commentary/none-above-option.html>

 Accessed May 3, 2020

[13] Dr. Vijaya Laxshmi Mohanty, Ms. Ramneet Kaur, NOTA- A  Powerful Opponent or a Toothless Tiger?- In Perspective of General Election 2014, Institute of Public Policy Studies and Research, Odisha, December 14 2014<https://www.academia.edu/9787108/NOTA-A_powerful_opponent_or_a_toothless_tiger_-in_perspective_of_General_elections_2014>

Accessed April 30 2020

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South Asia

Populism: Effects on Global Politics and Pakistan

Maham S. Gillani

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Populism is a concept in political science that postulates that the society is divided into two groups that are at odds with each other. According to Cas Mudde who is the author of Populism: A Very Short Introduction, these two groups consist of:  ‘the pure people’ and ‘the corrupt elite’. The term ‘populism’ is often used as a kind of a political insult. For instance, Jeremy Corbyn, Leader of the Labour Party in Britain has often been accused of invoking populism over his party slogan ‘for the many not the few’, but it’s not actually the same thing. According to Benjamin Moffitt, author of The Global Rise of Populism, the word “is generally misused, especially in a European context.” A populist leader in the true sense of the word claims to represent the uniform will of the people, stands in opposition to the enemy – that is often embodied by the current system which is aimed at either ‘draining the swamp’ or ‘tackling the liberal elite’. Dr. Moffitt continues, “It generally attaches itself to the right in a European context… but that’s not an iron rule.”

In the contemporary world, Populism is everywhere in the political spectrum: there are politicians like Marine Le Pen in France, Donald Trump in the US, Viktor Orbán in Hungary, and Narendra Modi in India. Political scientists believe that populism is not a new phenomenon but in the past decade it has certainly accelerated, and has taken many forms in the 2010s – which were often overlapping. In some countries a socioeconomic version was observed, where the working class pitted against big businesses and cosmopolitan elites who were believed to be benefitting from the capitalist system, such as, in countries like France and the US. While others saw an overwhelming focus on the cultural form thrive with emphasis on issues like immigration, national identity and race, for instance, in countries like Germany and India. However, the most common type of populism was the anti-establishment populism that pits the common masses against the political elites and the mainstream political parties represented by them. These forms of populism are likely to also continue into the next decade, although the main focus may probably shift from immigration to climate change.

Associate professor of comparative politics at the University of Reading in England, Daphne Halikiopoulou opines, “If the 2010s were the years in which predominantly far-right, populist parties permeated the political mainstream, then the 2020s will be when voters are going to see the consequences of that.” Although in some ways the results are already beginning to manifest in some states, a case in point being the 2016 vote in Britain to exit the European Union – Brexit – and the consequent political fallout that led to the resounding victory of the populist Prime Minister, Boris Johnson in the general election. Moreover, in other countries also the populist parties are beginning to make their impact in various ways – if not through directly passing legislation then by exerting pressure in the opposition.

In the near future i.e. the 2020s, many populist political figures are expected to rise to power and prominence. For example, Italy’s Matteo Salvini, who is the leader of the far-right and nativist League party has sworn to return to government as the prime minister, and if successful he is likely to forge alliances with his fellow populist leaders, inter alia, Boris Johnson and Donald Trump. Such alliances could herald a reinvigorated wave of populism in the world. On the other side of the globe, Narendra Modi, the Indian Prime Minister, has also signaled to continue his quest of deepening his Hindu-nationalist agenda. It is in this context that his government enacted a controversial Citizenship Amendment Act – which grants citizenship to refugees belonging to every major South Asian religion except Muslims – leading to weeks of protests and unrest across the country, in addition to continuing his policy of political repression and harsh lockdown in Kashmir.

Pakistan is, of course, not immune to the global move towards populism. Imran Khan is viewed by many political science experts as a populist prime minister. Ever since coming to power he has pursued divisive politics by sometimes silencing and at other times discrediting dissenters. The arrest and imprisonment – often on groundless allegations – of many opposition leaders can be viewed in this context. Moreover, on more than one occasion certain quarters of the media have been targeted and demonized in a bid to kill the messenger if you can’t kill criticism. These policies of the incumbent government led by Prime Minister, Imran Khan, to stifle opposition negate principles of pluralism and democratic tolerance. Pakistan is indeed on a slippery slope vis-à-vis the rise of populism in politics.

Populism is likely to persist as a fixture of politics for the foreseeable future. How countries choose to respond to it may become the defining feature of the remaining part of the twenty-first century. Propagation of values of democracy such as international cooperation, religious tolerance, pluralism and diversity seem to offer the only ray of hope in this, otherwise, dark tunnel of populism.

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South Asia

India may attack Pakistan under false flag operations

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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.

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