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Gory amendment in India’s citizenship law

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West Bengal, Assam, Tripura and some other states in India’s North East were a simmering cauldron against compilation of a so-called National Register of Citizenship (NRC). Oblivious of national and international furor, Indian House of People (lok sabha) and Council of States (rajya sabha) passed a controversial amendment, Citizenship Amendment Bill (CAB), to its Citizenship Act, 1955. It naturalises non-Muslim refugees as Indian citizens but excludes Muslims.

The amendment sparked country-wide protests. Different states welcomed or abhorred the refugees for different reasons. Assam had the grievance that the amendment violated Assam Accord that ended agitation over six years. Gory agitation took thousands of lives, disrupted the economy and toppled several governments. The Accord barred `illegal immigrants’ from entering the state without an Inner Line Permit. In India’s home minister’s parlance, immigrants are variously described as `persecuted non-Muslims’ or `Bangladeshi infiltrators’ or `termites on Indian economy’.

Tripura had concerns about tribals and non-tribals. Much of the migration into Tripura occurred before the creation of Bangladesh. The 1993 tripartite accord signed by the Government of India with the All Tripura Tribal Force that envisaged repatriation of all Bangladeshi nationals. They included those who had come to Tripura after March 25, 1971 and were not in possession of valid documents.

The chief ministers of five Opposition-ruled states, that is, West Bengal’s Mamata Banerjee, Punjab’s Amarinder Singh, Rajasthan’s Ashok Gehlot, Chhattisgarh’s Bhupesh Baghel and Kerala’s Pinarayi Vijayan, opposed both the CAB and NRC. They declared that they would not implement the amendment in their states. Later, Odisha chief minister Naveen Patnaik also joined their ranks. Communist-Party-of-India charismatic leader Kunhaiya Kumar (Bihar) warned `if you do not consider us citizens, we do not consider you the government’ (Indian Express December 17, 2019). Andhra Pradesh also has expressed ennui on the new law.

Stung by the brutal police action in Jamia Millia Islamia and Aligarh Muslim University, students hit the streets in Chennai, Puducherry, Hyderabad, Mumbai, Ahmedabad, Lucknow, Varanasi, Kolkata and Guwahati in solidarity. Simultaneously, political leaders held rallies and sit-ins (dharnas) against the Citizenship (Amendment) Act (CAA). Twenty five students were killed, 18 in Uttar Pradesh alone.

Mamta Bannerji, flamboyant chief minister of West Bengal,  called the NRC an act of “deliberate destructiveness and political vendetta” of the BJP-RSS (Bharatya Janata Party-Rashtraya Swayem Sevak Sangh).She alleged that railway stations in West Bengal were set ablaze by ruling party’s hooligans. She remained unruffled by pro-BJP governor’s letters and tweets forbidding her to publish anti-NRC/CAA advertisements in the press. To governor’s chagrin, she herself participated in a mammoth rally and a seven –mile long three-day anti-CAA protest. She challenged the Centre to dare dismiss her state government.

Students could not remain silent spectators to malafide legislation. Voolcanic protests erupted in several states including Assam, Delhi and Tamil Nadu. Students of Jamia Millia were brutally beaten. Police was accused of resorting disproportionate use of force. They entered the campus and thrashed all and sundry. They did not spare even female students, and even the prayer leader (imam) inside the campus mosque. The vice chancellor of Jamia Millia had to address a press conference to highlight police brutality. Videos of police highhandedness went viral. Even Oxford University students expressed solidarity with their Indian fellows.

Myopic view of consequences: The amendment embodies Rashtriya Swayamsewak Sangh (RSS) chief Mohan Bhagwat’s rhetoric that no Hindu can be a “foreigner” in India. It ignores the broader perspective, emerging ramifications, particularly secular fabric of Indian democracy. It marks a historic departure from India’s disavowal of the Two Nation Theory that led to creation of Pakistan.  The opposition regards the law as a dark chapter in India’s history, a vindication of Jinnah’s two-nation theory.

It is a selective faith-based amnesty for a large segment of the 1.9 million people not included in the just-completed NRC in Assam. It excluded only Muslims from its privileged domain.  Those excluded risked being declared `infiltrator’ and pushed back into Bangladesh, as India’s home minister had threatened.

Even in the absence of the new law, Hindus had been entering into India from the porous East Pakistan, now Bangladesh border.  As such, Hindu population in Bangladesh dropped from   22 per cent of the total population in 1951 to 12 per cent in 1981, down to nine per cent in 2011.

The law does not promise Indian citizenship to Bangladeshi Hindus. Yet it may quicken Hindu immigration to India with concomitant effects on India’s North East. Simultaneously, anti-Hindu sentiments might rise in Muslim Bangladesh. Life for affluent Hindus in Bangladesh may become harder. The have-nots may be eager to prowl upon properties and possessions of the Hindu minority. Antipathy to India in Bangladesh could rise pari passu with return of so-called Bengali-Muslim `infiltrators to Bangladesh from India. Simultaneously, some North Eastern States could become restless at hordes of Hindus fleeing from Bangladesh. Already, Assam is afire. Manipur is furious.

USA’s ennui: Even the independent bipartisan United States Commission on International Religious Freedom expressed ennui on the citizenship amendment bill, while on the anvil, now enacted. According to a press note released by the Commission the bill amounted to a “dangerous turn in the wrong direction” and ran “contrary to the secular values enshrined in India’s Constitution” (Livemint, December 11, 2019). The agency had even forewarned of recommending US sanctions against India’s home minister Amit Shah, if the bill was enacted.

Fascism unmasked: Obviously, Modi followed Hitler and Mussolini’s fascist playbook dot for dot.  Fear, terror and intimidation are favourite fascist tools. Modi wants to create fear so that his incompetence and dismal economic performance remained out of focus.

Fascist ideology envisioned a regimented nation in grip of a totalitarian ruler. It extirpated everything inimical to monolithism. Fascists abhorred a freethinking civil society, political opponents, brave journalists, fearless academics and an independent judiciary.

A page from German and Italian history: Five-yearly censuses took place, 1871 onwards, in the newly founded united Germany under Chancellor Otto von Bismarck. The 1930 census happened to be postponed owing to the Great Depression.

Adolf Hitler began the census shortly after seizing power on April 12, 1933. Then, computers not being available, it was a huge manual enterprise. By the end of 1939, all orthodox Jews had been identified, pinpointed to their abodes, twice over. The purpose of Census was to first locate the Jews (67 million, or one per cent of the populace) and then “cleanse” them. The Citizenship and Denaturalisation Law of July 1933 empowered Nazi Reich to divest the undesirable” of citizenship. The Jews, even in professional services were outlawed, and pauperized by seizing their belongings. The object of both the 1933 and 1939 censuses was to isolate Jews both in the German heartland and the occupied territories before they were ghettoised, deported and eventually liquidated.

Hitler’s Fascist comrade Benito Mussolini, also, introduced a racial census for both the Jews and the Roma people of Italy. The headcount enabled Mussolini to initiate xenophobic laws in 1938.

A Hindu rashtra (nation):  A hundred years back, Savarkar scribbled these words on the walls of a prison, later published in 1923 in his book on Hindutva. “With India for their basis of operation, for their Fatherland and for their Holy land… bound together by ties of a common blood and common culture (Hindus) can dictate their terms to the whole world.” He envisioned inevitable civil war with Muslims. So, he exhorted Hindus to join the British Army, not to fight fascism, but to prepare for the eventuality.  He declared Muslims and Christians could never be loyal citizens. Not all those who are residents are a part of the nation, and not all outside the territory are outside the nation’.

Unconstitutional: The religion-based amendment may be in keeping with Bharatya Janata Party’s manifesto, but it violates the Constitution. Indian parliament enacted the Citizenship in 1955. It did not lay down religion as criteria. But, the newly-enacted Citizenship Amendment Bill, 2019 does. It amended certain provisions of the 1955 Act.

Manifesto not the Constitution: The BJP derived inspiration from its manifesto, not from provisions of India’s Constitution. Take the CAA. The BJP election manifesto vowed to enact a citizenship law “for the protection of individuals of religious minority communities from neighbouring countries escaping persecution”. Earlier, It revoked `special status’ (Article 370) for the disputed Jammu and Kashmir State. Bifurcating the State into two Union territories was in line with the BJP’s manifesto. It states, `we reiterate our position since the time of the Jan Sangh to the abrogation of Article 370’. Now, they have embarked upon building a sky-touching temple on the site of demolished Babri mosque. That too stood codified in BJP’s Sankalp Patra (manifesto). The manifesto states BJP would “explore all possibilities within the framework of the Constitution and make all necessary efforts to facilitate the expeditious construction of a Ram temple in Ayodhya’. BJP may implement other dangerous promises in its manifesto like

Pan-India NRC and revival of dead Sanskrit and other languages to create a Hindu nation (rashtraya). The excerpt on NRC declares,  `There has been a huge change in the cultural and linguistic identity of some areas due to illegal immigration, resulting in an adverse impact on local livelihood and employment. We will expeditiously complete the National Register of Citizens (NRC) process in these areas on priority. In future, we will implement the NRC in a phased manner in other parts of the country’. The excerpt outlining language goals states `We will constitute a National Task Force to study the status of all written and spoken languages and dialects in India. We will also work towards revival and promotion of vulnerable or extinct dialects and languages’.

India’s faulty persecution hypothesis: The whole superstructure of the Indian government’s citizenship amendment bill, now enacted, is erected on the claim that religious minorities had been brutally persecuted and were still being discriminated, in Pakistan since 1947 and also in Bangladesh, and Afghanistan.

The persecution hypothesis is based on faulty statistics. India’s Union Home Minister Amit Shah claimed non-Muslims comprised 23 percent of Pakistan’s population at the time of independence. By 2011, their proportion dropped to 3.7 percent. Concerning Bangladesh, he claimed that Muslims comprised 22 percent of the population in 1947, and their proportion in 2011 fell to 7.8 percent.

 In West Pakistan, the non-Muslim population was just 3.44 percent, while it was 23.20 percent in East Pakistan (now Bangladesh). He insisted Pakistan and Bangladesh had witnessed a decline of up to 20 percentage points in their populations of religious minorities. But how true are his figures?

Adulterated figures: The BJP used the 23 percent figure of non-Muslims in Bangladesh (erstwhile East Pakistan) in 1951 and compared it with the 3.7 percent figure of non-Muslims in Pakistan in 1998. This adulteration of figures led to the fallacy that the population share of non-Muslims fell from 23 percent to 3.7 percent in Pakistan.

Myth of religious persecution: The fact is that not only non-Muslims but also Muslims migrated from Bangladesh to India. Better economic opportunities in India were the dominant lure for both non-Muslims and Muslims alike. India’s home minister did not quote the source of his data. He probably picked up the figure from co-authored Farahnaz Ispahani and Nina Shea’s article Thwarting Religious Cleansing in the Muslim World. The authors postulate,

`The percentages of Pakistan’s Ahmadi, Christian, Parsi, and Hindu communities have all plummeted over the past 30 years, with non-Muslims declining from 5 percent of the total population to just 3.5 percent. If Shiite Muslims are taken into account, the number of those emigrating from Sunni-majority Pakistan as a result of religious persecution is even greater’.

Naz expressed similar views in her another Husson-Institute article titled ‘Cleansing Pakistan of Minorities’ published in 2013. Be it marked please that Naz is married to Husain Haqqani, a senior fellow, and director for South and Central Asia at Hudson Institute. After resigning as Pakistan’s ambassador to the USA, Haqqani kept participating in functions, particularly those held in India,  that portray Pakistan in poor light. A judicial commission’s report (Memo Gate) alleged that he was not loyal to Pakistan.

Past Censuses: The only credible information emanates from the 1951 Census. In West Pakistan, the non-Muslim population was just 3.44 percent, while it was 23.20 percent in East Pakistan (now Bangladesh). As per the 1951 census, the share of Muslims in Pakistan’s overall population was 85.80 percent, while that of non-Muslims was 14.20 percent.

In 1951, Muslims comprised 96.56 percent of the total population in the territory that is today known as Pakistan. The next census in Pakistan was carried out in 1961 which indicated the non-Muslim population in West Pakistan had fallen to 2.83 percent of West Pakistan’s total population.

By 1972 when Pakistan carried out its third census, East Pakistan had had become Bangladesh. The 1972 census showed non-Muslims in Pakistan comprised 3.25 percent of the total population. This was higher than their share in 1961.By the time the next census was done in 1981; Pakistan’s non-Muslim population registered a small rise from 3.25 percent in 1972 to 3.30 percent in 1981. After the 1981 census, Pakistan did not carry out a fresh census for more than 15 years and the next census was carried out in 1998.

As per this census, Pakistan’s non-Muslim population stood at 3.70 percent of the total population in 1998. Pakistan carried out a fresh census in 2017 but its religious tables have not been published.

Inferences from West-Pakistan Census data:

1: The proportion of non-Muslims was never 23 percent of Pakistan’s total population.

2. Non-Muslim population in undivided Pakistan was 14.2 percent in 1951.

3. Non-Muslims accounted for 3.44 percent of the population in West Pakistan.

4: Census data show that the share of non-Muslims in Pakistan remained 3.5 percent over the decades.

5. There was no appreciable migration due to persecution.

Inferences from East-Pakistan (now Bangladesh) Census data:

1.      Non-Muslims formed 23.20 percent of erstwhile East Pakistan’s total population in 1951.

2.      Share of non-Muslims in East Pakistan fell by 1961 to 19.57 percent, then to 14.60 percent in 1974, to 13.40 percent in 1981, to 11.70 percent in 1991 and 10.40 percent in 2001.

3.      BJP cherry-picked and mixed-up data for the then East and West Pakistan to corroborate its hypothesis

Bangladesh’s latest census was carried out in 201. It reflected that the share of non-Muslims was below 10 percent of the country’s overall population. In 2011, non-Muslims constituted 9.60 percent of Bangladesh’s population. Thus, from 1951 to 2011, the population of non-Muslims dropped from a high of 23.20 percent to a low of 9.40 percent. Bangladesh has promised to take back all illegal immigrants provided India proves its point. It also pointed out that minorities in Bangladesh felt safer in BD than in India.

Data refutes BJP’s claim: Official data does not bear out BJP’s claim that:

1: Population of non-Muslims in Pakistan dropped from 23 percent at the time of Independence to 3.7 percent in 2011.

2: Population of non-Muslims in Bangladesh was 22 percent at the time of Independence and fell to 7.8 percent in 2011.

3: The decline in the population share of non-Muslims in Pakistan and Bangladesh was due to widespread religious persecution.

Statistical inferences: Based on Pakistan’s Census 1951, the BJP cherry-picked and mixed-up data for the then East and West Pakistan to corroborate its hypothesis of minority persecution. Non-Muslims in East Pakistan’s population constituted 23 percent, not in both wings, as the BJP claimed.  Clubbed together (East and West Pakistan), the share of non-Muslims was 14.20 percent (the highest ever) in 1951. BJP’s claim that non-Muslim share fell from 23 percent to 3.7 percent in Pakistan is incorrect. It averaged about 3.5 percent from the first census onwards. That is, 1951: 3.44 percent,1961: 2.80 percent,1972: 3.25 percent,1981: 3.33 percent, and 1998: 3.70 percent.

Partial truth:  As alleged by BJP, the non-Muslim population did decrease significantly in Bangladesh, but not exactly as pretended by the BJP. It fells from 23.20 percent in 1951 to 9.40 percent in 2011, not from 22 percent to 7.8 percent, as alleged.
Citizenship  vs. Indian Constitution (Jus solis vs, jus sanguinisi:

The opposition, spearheaded by Congress, pilloried the iffy bill as a violation of the Constitutional provisions about `Freedom of Religion’ (Articles 25 to 28).These articles provide `all religions are equal before the State and no religion shall be given preference over the other. Citizens are free to preach, practice and propagate any religion of their choice’. A five-bench Supreme Court judgment observed `It is clear from the constitutional scheme that it guarantees equality in the matter of religion to all individuals and groups irrespective of their faith emphasising that there is no religion of the  State itself’. The Preamble to India’s  Constitution,  read with Articles  25 to 28 states `it is in this  manner the concept of secularism embodied in the constitutional scheme as a  creed adopted by the Indian people has to be understood while examining the constitutional validity of any legislation on the touchstone  of the Constitution’.

`Secularism’, even if a later innovation, is intertwined into golden architectural design of the Indian Constitution, It is rooted in ethos of freedom movement and deliberations of the Constituent Assembly.  The design embraced diversity and pluralism with reservations for disadvantaged groups to cultural rights for religious minorities.

The faith-based discrimination militates against spirit of Indian Constitution. It may lead to unforeseen injustices. Ready instances are sealing/confiscation of properties in Yogi Adityanath’s la-la land, Uttar Pradesh, and deportation of foreign students epitomized by  ilk of German student Jakob Lindenthal, studying at Institute of Information Technology, Madras, (Tamil Nadu). Indian Express, dated Dec. 24, 2019 reported `Speaking to The Indian Express from the Chennai airport shortly before his scheduled flight back home, he disclosed he received “oral directions” to leave India from the Foreigners Regional Registration Office in Chennai’. Modi denied existence of any detention centres in his Ramlilla, New Delhi speech. But, The Hindu dated December 23, 2019 reported there are six jails, including Goalpara (Assam) that serve as detention centres also. An ex –army officer Mohammed Sanaullah, on bail, declared them “Hell”. Now, a detention centre has been reported in Karnataka also.

The Articles (5-11) on citizenship in the Constitution of India and Citizenship Act1955 embodied freedom-movement sentiments .The Constituent Assembly held the principle of jus soli (citizenship based on birth on the soil of a country) to be the more “enlightened modern civilised” principle, as compared to the “racial” principle of jus sanguinis (citizenship based on descent). The Citizenship Act of 1955, though a combination of jus solis and jus sanguinis, is compatible with Constitutional design. Yet, it confers equal rights on all citizens without discrimination on grounds of caste, creed, tribe or gender. However, under Atal Behari Vajpayee, then prime minister, an amendment was enacted to undermine jus soli in favour of jus sanguinis. It excluded people born in India with one illegal-migrant parent. Modi 2.0 could have followed Germany that moved in a more inclusive direction, combining elements of both jus soli as well as jus sanguinis, instead of majoritarian Donald Trump, fearing minorities.

Sloganeering and reforms: lessons from Modi 2.0:  Modi won by riding wave of slogans.Amendment in citizenship laws is aimed at diverting popular attention from his performance.History of elections in both India and Pakistan tells that slogans helped win gullible vote banks _ roti, kapra aur makan (bread clothing and shelter), or tabdeeli (change). Likewise India has seen numerous slogans in 16 general during 72 years of independence_ Nehru’s slogan of “aaraam haraam hai.” (rest is not kosher), Lal Bahadur Shastri’s “jai jawan jai kisan” (long live farmer, long live soldier),  Indira Gandhi’s   “garibi hatao” (eradicate poverty),  post- 1977 echo of “Indira hatao, desh bachao” (remove Indira, save the country),  post-Indira-assassination (October  31, 1984) “jab tak suraj-chaand rahega, Indira  tera naam rahega” (till sun and moon shines Indira will live on) , BJP (1996) slogan “sabko dekha baari-baari, abki baari Atal Bihari” (now it’s Bihari’s turn), BJP (2014)  “achchhe din aane waale  hain” (good days are in the offing), BJP (2019) Modi hai to mumkin  hai (If Modi is there, then it’s possible).

Modi brazenly bags credit for all achievements of previous Congress governments. Yet the fact remains that it was Jawaharlal Nehru who abolished the zamindari system.  He had the nerve to face the reality that minor kings, riyasats and feudal landlords were still quite influential shortly after independence. It is Nehru, not Modi, who set up space centre that catapulted India’s ASAT Shakti. A new class of political leaders, hands in glove with corporations, replaces the royals and zamindars. Like our nouveau riches they are unchallenged.

Yet, a bitter truth is that we had to drift away from doorsteps of Medina State to knock at IMF portals. But, Modi 1.0 and 2.0 stayed the course.  In its very first cabinet meeting, Modi enhanced educational scholarships, and extended scope of his income support to farmers. Now 14.5 crore farmers, instead of previous 12.5 crore owning two hectares or less land get dole of Rs. 6,000 a year.. The step will cost the government an additional Rs. 12,000 crore. The total cost to the exchequer in 2019-20 under the Indian-PM- kisan (farmer) scheme is now estimated to be Rs 87,217.50 crore. Besides, several ministries have been merged in newly-created jal shakti ministry to provide piped water supply to every Indian by year 2024. Let’s hope our `welfare’ government, also, could do something to ameliorate lot of the common man.

Is Modi 2.0 magic waning in India? Despite populist reforms and slogans, Modi’s magic appears to be waning.Jharkhand is the fifth state in which opposition parties have managed to unseat the saffron party in the past one year, starting with Madhya Pradesh, Rajasthan and Chhattisgarh to Maharashtra.  Modi himself participated in election rallies to cast his spell. But, it was in vain. At least six states are hostile to his faith-based citizenship amendment.Now, even Andhra Pradesh, seventh in the row,  has refused to support the Citizenship Amendment Act.

Anti-Congress wave is petering out. In national elections, saffron snatched away even Congress-ruled Karnataka, Rajasthan, Chhattisgarh and Madhya Pradesh. Even Rahul Gandhi lost its citadel, Amethi. In the gory West-Bengal contest, the formidable Mamta Bannerjee lost many seats to BJP. Congress has proved it is not just a dynasty. It embodies an ideology of secularism socialism and pluralism. It could still throw up a surprise in coming mid-term polls or state assembly elections.

To win national elections, the BJP hoodwinked Muslims. Muslim munch, distributed RSS leaflets at RSS enclaves. Even after winning the elections, BJP stalwarts visited Madrassa Deoband. Modi captivated popular imagination as a strong leader _ Modi hai to mumkin  hai (If Modi is there, then it’s possible). Modi gave tickets to nine Muslim candidates who lost because of banal Muslim caste –structure (ashraf, ajlaf and arzal).

Modi brazenly bagged credit for all achievements of previous Congress governments. Yet the fact remains that it was Jawaharlal Nehru who abolished the zamindari system (we could not do so being blocked by Supreme Court’s Shariat Appellate Bench’s decision).  It is Nehru, not Modi, who set up space centre that catapulted India’s ASAT Shakti. Modi 1.0’s  economic- progress figures were plain cookery.

Indira Gandhi, a charismatic leader, fell because of her authoritarian attitude and reliance on intelligence agencies. Modi2.0, also, is threatened with resurgence of authoritarianism and Hindutva nationalism in his party. Legislators were sworn in amid shrill ‘Jai Shri Ram’ slogans.  Even Muslim MPs Asaduddin Owasi, president of the All India Majlis-e-Ittehadul Muslimeen and Shafiqur Rahman Barq of the Samajwadi Party were heckled with Jai Shri Ram slogans. Owaisi defiantly shouted “Jai Bheem, Allahu Akbar, Jai Hind. The hooted Trincomalee Congress MPs chanted Jai Maa Kali: In stark contrast, Modi2.0 bowed his head in worshipful namaskar, before a bedecked copy of the India’s Constitution. Modi2.0 showcased ‘Jai Constitution’ pledge. However, BJP MPs displayed allegiance is to ‘Jai Shri Ram’. Modi’s confidante Amit Shah has directed intelligence agencies to report directly to him. RSS leaning is now sine qua non for appointment to political offices.

Modi2.0 has a Herculean challenge to realise his tall promises. Congress has opportunity to capitalise on unfulfilled expectations to rout BJP in coming elections

Indo-Bangla bonhomie unmasked! The NRC unmasks India’s equivocal policy towards Bangladesh. She suddenly banned export of essential commodities like onions to Bangladesh. During her recent visit to India, BD prime minister quipped “I’ve asked for food without onions” She contended that `the Government of India ought to have alerted the countries that import the commodity before rather abruptly announcing the decision’ (The Statesman October 11, 2019). The onion ban was Modi’s knee jerk to BD’s hesitation to supply natural gas to Tripura (India).

India dubbed over 19 lakh Bengali refugees or settlers in Assam after 1951 as `infiltrators’.

The citizenship register establishes genealogical family trees going back until 1951. The forbears of some Assamese Muslims date back 500-700 years. But they possessed no document to prove their nationality. Most of the settlers were sheltered during 1971 war as precious raw material for mukti bahini (freedom fighters). While disenfranchising Bangladeshis, India would grant `citizenship to persecuted Hindus, Jains, Sikhs, Parsis, Christians and Buddhists from Pakistan, Afghanistan and Bangladesh who came to India’. The citizenship criterion violated provisions of Article 14 of the Indian constitution.  The article guarantees `equality before the law and prohibits discrimination on grounds of religion, race, caste, sex or place of birth’. The persecution argument more aptly applies to Nepal (Rohingya), Sri Lanka (Tamil settlers) and Bhutan (whence Christians trek to Indian churches for worship).

Anti-Christian animosity predates Muslims’: The Christians in India have hailed the new piece of legislation. They are oblivious of Hindu fanatics’ hatred of their own community. Baptist Press dated November 22, 2019 reported `Hindu extremists hit in the head with an axe 68-year-old Lakhpati Devi, the mother of pastor Basant Kumar Paul, in an attack on Paul’s home-based church Nov. 12 in Jharkhand’.  Many churches have been rampaged. Several states have passed anti-conversion bills.

When Narendra Modi was chief minister of Indian state of Gujarat, he made several attempts to collect personal data of Christians living in the state. In February 1999, survey of the Christians living in northern and central Gujarat was started. It was withdrawn after protests.  The same was the fate of the survey, conducted in March 2003 and May 2003 in Christian-inhabited areas (Ahmedabad, Sanaskantha, Jabarkantha, Kutch, Rajkot, Patan, Vadodara, Anand and Banaskantha).Indian Express dated June 13, 2003 (dateline Ahmedabad, June 13, 2003), reported Gujarat police had again started a survey of Christian localities.  The Christian community in Indian state of Gujarat came to know of the survey when policemen in plain clothes visited a few institutions in Kheda district of central Gujarat and made enquiries about their source of funds, origin and items of expenditure.

The Christian community was rueful at the recommencement of the survey.  To them, it negated the state’s then chief minister Narendra Modi’s assurance to visiting team of the National Commission for Minorities,  “No survey or census of Christians or other minorities would be carried out in the state”.

The policemen allegedly had a list of 42 Christian institutes, including Don Bosco School and Pushpanjali Society, in  Kheda district.  The Don Bosco is a secondary school run for poor students from nearby villages, with 150 boys staying in the boarding. Puspanjali is a medical centre with boarding capacity for 60 girls studying in the school.

The Christian trustees refused to give information for fear of harm at the hands of the fanatic Hindus. The Christians believed that Narendra Modi, then chief minister of Gujarat state,  harboured a xenophobic phobia not only towards the Muslims but also against the Christians.

Surveys were conducted some year ago also when Sangh Parivar stalwarts targeted Christian tribes in the Dangs area. Such surveys are akin to door-to-door survey of Jewish localities in pre-World-War-II Germany.

Let the Christians not forget anti-conversion laws, enacted in several states to bar Hindus from converting to Christianity. The down-trodden (dalit) find Christiantiy a whiff of fresh air out of Hindu caste-based system (varna).Indian Express (dateline New Delhi, June 6) reported that the Hindu extremist party, Rashtriya Swayem Sevak Sangh, bitterly criticised the Pope for his alleged remarks against anti-conversion laws in India.  The RSS claimed, “The Pope’s utterances were tantamount to a direct challenge to India and its pluralist tradition” It urged the government ‘‘to register their protest to the head of Vatican for his intemperate remarks on Indian laws’’.

At a press conference, RSS spokesman Ram Madhav quoted the Pope as having said to some Indian bishops: ‘‘Unfortunately in some regions, state authorities have yielded to the pressures of extremists and have passed unjust conversion laws’’.  Mr. Madhav defended anti-conversion laws promulgated in Madhya Pradesh, Orissa, Arunachal Pradesh, Gujarat and Tamil Nadu.  He stressed such laws were needed in other states too ‘‘because the activities of missionaries for converting people to their faith are leading to tensions and posing serious threat to peace and harmony”. The RSS spokesman justified forced-conversion activities of the VHP and other Hindu bodies.   He termed such conversions as ‘‘homecoming’’, bringing back people to the Hindu-fold.

The Indian bishops had told the Pope that the anti-conversion bills contravened the UNO’s charter of human rights, signed by India also, and protection of religious freedoms as under India’s `secular’ constitution.

Plight of Muslims under quasi-Hindu caste system: In post-election India,  the Muslim is being `lynched, shot at and told to “go back to Pakistan” simply for having a  Muslim name, carrying or eating beef’ or `wearing a  prayer  cap and made to shout slogans in praise of Hindu gods’ (Aljazeera, and Organisation for World Peace dated June 4, 2019). Hindus even demanded that eid prayer-goers should not spill over on adjoining roads. BJP MLA Narendra Mehta, affiliated with dangerous bajrang dal, has started live weapons training at his Seven Eleven Academy. A Facebook user Prakash Gupta shared pictures of live-weapons training on Facebook from May 25 to June 1. NGO, Democratic Youth Federation of India, has filed a complaint with Navghar police station (Thane Rural police station). BJP President Amit Shah referred to undocumented Muslim immigrants as termites”. Nathu Ram Godse killed `Mahatma’ Gandhi `for supposedly cowing to Muslim demands’.  He is being glorified as a patriot. Modi himself as then chief  minister of Gujarat in 2002, `presided a pogrom that killed over 1,000  people; in 2011, a senior police officer testifying in the Indian Supreme  Court stated that Modi defended this violence at the time as a legitimate route through which Hindus should be allowed to vent their anger’. He described refugee camps housing Muslims displaced by riots as “baby-making factories”.

Modi’s first five years in office were marred by a rise in violent attacks on minority groups, particularly the Muslim. According to the Sachar Committee Report, conditions of the Muslim in India are worse than that of dalits (downtrodden/untouchable). But, the Muslim itself is to blame for its current plight. The Muslim literacy rate ranks well below the national average and the Muslim poverty rate is only slightly higher than the low-caste Hindu. The Muslim makes up only four per cent of the undergraduate student body in India’s elite universities. He falls behind other groups in terms of access to credit. So is the case despite the fact that the self-employed Muslim population exceeds other groups.

According to Islam, the Muslim society is homogeneous. There is no hierarchical caste-system in Islam, like the Hindu varna system of social stratification.  In Sanskrit, varna means type, order, colour or class. The term refers to social classes in dharma-shastra  (religious text) books like the Manusmriti. Hindu literature classifies society into four varnas: (a) Brahmins: priests, scholars and teachers. (b) Kshatriyas: rulers, warriors and administrators. (c) Vaishyas: agriculturalists and traders. (d) Shudras: laborers and service providers. Communities which belong to one of the four varnas or classes are called savarna. The dalits and scheduled tribes who do not belong to any varna, are called avarna. This four-fold division is a form of social stratification distinguished from jati or the European term “caste”. The varna system is discussed in Hindu texts, and understood as idealised human callings. The concept is generally traced to the Purusha  Sukta verse of the Rig Veda.

Contrary to these textual classifications, many Hindu texts and doctrines question and disagree with the Varna system of social classification. Unlike the Hindu caste system, where it is easy to discern the stratification, caste identities among Muslims are not defined rigidly. As such, the reservation quota and other benefits, available to scheduled castes, do not trickle down to the needy Muslim.

It is bitter reality that the Muslim in India could not remain immune from Hindu caste-system. The Muslim is divided into ashraf (Muslims of foreign lineage) and ajlaf (local converts). The ashraf are regarded as the superior group and are mainly endogamous, while the ajlaf are considered to be inferior. Some scholars use another category, arzal, to denote the Muslim who converted from the lowest strata of society (bhangi, doom, choora or sweeper).

To ameliorate the lot of the downtrodden Muslim (arzal or ajlaf), there should be a caste-based census to identify those deserving `reservation’ in scheduled caste. Is such a census in accordance with definitive text of Holy Quran Allah. “O you, who have believed, enter into Islam completely [and perfectly] and do not follow the footsteps of Satan. Indeed, he is to you a clear enemy.” (Al-Baqarah : 208).

Some Indian scholars justify Indian caste system according to Islam.At the top of the hierarchy are the ashrafs (nobles), of Arab, Persian, Turkish or Afghan origin.  They lay claim to a prestigious lineage that they trace back to the Prophet (in the case of Sayyids) or his tribe (in the case of qureshis). The shaikh (descendants of the Prophet’s companions), the pathan  (descendants of migrants from Afghanistan), and even the Mughal (originating in Central Asia and Iran) can also be included in this group. Many ashraf are either ulama in the case of the sayyid, or else landowners, merchants or business people. One’s birth group constitutes a major criterion for defining social status. At the middle level, the ajlaf (low-born) represent the masses. His status is defined by both his profession (pesha) unlike the ashraf.  Many castes of intermediate status fall into this category, such as farmers, traders and weavers (ansari and julaha). Social elite of many ashraf in rural areas believe that this category is not part of the Indian Muslim community (millat).

At the bottom of the social scale is the arzal (vile, vulgar). It is a group comprising non-untouchables and converted “untouchables” who, as in Hinduism, practise supposedly impure trades. This was the case of slaughterers, laundrymen (dhobi), barbers (nai, hajjam), tanners (chammar), and so on.

Like the Hindu caste-ridden society, relations between Muslim social groups are governed by a social taboos _ sharing a table, marriage, sociability) and spatial restrictions (access to domestic areas and places of prayer, segregation in cemeteries and neighbour-hoods.

The ashraf opposes caste based count of Muslim community. But the ajlaf and arzal support it. The ashraf, being a “creamy layer”, obstruct any step that may improve lot of the downtrodden. The Indian Supreme Court decided to exclude the “creamy layer” from the quotas in 2008. But, it was never implemented. Questions about Islam mostly relating to ibadaat  like hajj are asked in Indian parliament by the non-Muslim. No question about economic justice for all and sundry is asked.

Though Islam preached homogeneity, social stratification among the Muslim in India is a fact. The Muslim caste system has hampered their progress in various realm of life. The Indian Muslim is impervious to whatever happens in Kashmir, or in the world.

Where should the excluded go?  Muslims in India are already ghettosied, not `termites’ on economy as Amit Shah thinks. Islam did away with caste superiority. Yet, the Muslim in India could not remain immune from Hindu caste-system. The Muslim is divided into into ashraf (Muslims of foreign lineage) and ajlaf (local converts). Some scholars use another category, arzal, to denote the Muslim who converted from the lowest strata of society (bhangi, doom, choora or sweeper).

Would Amit Shah detain them in concentration camps akin to those in Germany? If so, for how long? Could Bangladesh, already under Rohingyas burden, or India retain the stateless people under international covenants? Amit Shah says Rohingyas (as also Baluchis and Ahmediyya) could still apply for citizenship under Foreigners Act. But, his statement sounds like an eye-wash.

Kashmir under Hindutva citizenship: The laws in the state grant hereditary pushtini) certificates to its citizens. As such, only the hereditary residents are entitled to express their voice in a plebiscite to be held to determine future stats of the disputed state. To scuttle UN mandate and to dilute the demography, Modi government has decided to grant domicile certificates to even non-hereditary residents.

Modi government’s sinister lies on citizenship: In his Ramlila-Maidan speech, Indian prime minister reiterated “no detention centres in India” to “no plans for nationwide National Register of Citizenship. Though it is eerie that these `plans’ are incorporated in ruling Bharatya Janata Party’s manifesto. Amid protest that took 25 lives, 18 in Uttar Pradesh alone, India’s  Union Cabinet approved (24 December 2019), funds to 

the tune of over Rs 3,941.35 crore to update the National Population Register. Both the Union minister and home minister vehemently denied  any connection between the NPR and the NRC.

Yet, the brutal truth is that several official statements, including those in parliament, corroborate that the NPR is the first step towards planned NRC. On  July 23, 2014 Kiren Rijiju,  former Minister of State for Home Affairs, replying to B K Hariprasad in Rajya Sabha said, “The government has now decided to create the National Register of 

Indian Citizens (NRIC) based on the information collected under the scheme of NPR by verifying the citizenship status of all individuals in the country.” On 26 November 2014, Rijiju, once again, reiterated the aforementioned point in Rajya Sabha in response to a question  by Dr. T N Seema.  On April 21, 2015, a press release by home affairs ministry iterated “logical conclusion” of the NPR is the creation of NRIC. “It has been decided that National Population Register (NPR) should be completed and taken to its logical conclusion, which is the creation of National Register of Indian Citizen (NRIC) and National Identity Cards would be issued to citizens by verification of citizenship status of every usual resident in the NPR. The proposals for the same are under consideration of the Government.” Rijiju replied in the Rajya Sabha on 31 July 2019 `NPR is linked to CAA as it seeks to implement the citizenship requirement under the Citizenship Act i.e., to prove that one parent is an Indian citizen’.

It is eerie that USA has again blinker-eyedly designated Pakistan, earlier on watch list, as violator of religious freedom. No focus on India where several states enacted anti-conversion laws, a pastor was axed dead right before eyes of his son, menstruating women not allowed to enter Sabarimala temple despite court’s orders,  dalits hacked for daring enter high-caste temples. Interestingly, a court held that a mosque was not necessary for offering prayers.

Let jaundiced eyes turn to religious repression in India.

Conclusion: The amendment in the citizenship law violates spirit of Indian Constitution. Spearheaded by students, it has engulfed many states. Already, 25 students have been killed, some buried incognito by police. Flabbergasted by violence, Modi and his coterie are giving contradictory statements that are adding fuel to the fire.  Several renowned intellectuals have been arrested. Muslims’s properties are being sealed. And, they are being served notices to make good fictitious damage to property. Student amity transcends ethnicity and religious leanings. Hindus shielded Muslims while they offered prayers on roads.

However, an enduring problem in India is that Muslims are not united. They are  highly stratified. The upper affluent layer is sold out to ruling party. It never expressed sympathy with Kashmiris under Indian yoke, nor Muslims being perxecuted. Similarly, Christians are lukewarm to Hindutva onslaught on Indian Muslims. The minorities need to coalesce to avert extinction.

The Muslim should learn from the Christian. To ruling Bharatya Janata party’s chagrin, Christians are the second most educated religious group in India after the jain. Today, the Christians live all across India, particularly in the South and the southern shore, the Konkan Coast, and Northeastern India. They include former and current chief ministers, governors and chief election commissioners

The paradox of belonging to Islam, a religion that is premised on the notion of equality, and at the same time imbibing local traits which affirm inequality has to be admitted. Muslims are segmented into different status categories on the basis of income, occupation, education and lineage.

It is the Muslim himself who can change his lot by following Islam in full. They should resist stratification and demand equality from their community. The Muslim world at large should help them with funds. Unless they are united, they can’t survive Hindutva aggression, manifested in legislation or in social life.

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

“Haqeeqi Azaadi” or “Political Invasion”?

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You call it a “Long March” or an “Azaadi March” or a “Haqeeqi Azaadi March” and lastly according to some people “Political invasion of the capital”; whatever attempt it may be, the impact of this “Long March” will not be “Short” at all. Seems like history is repeating. Yesterday, it was PTI, later it was TLP, then JUIF, PDM & now again PTI. This reminds us about a Supreme Court’s historic judgment on Faizabad Sit in by Supreme Court, which is quite relevant again in these crucial times. The historic judgment of Supreme Court on Suo moto quotes that “The leaders of the dharna intimidated, hurled threats, abused, provoked and promoted hatred. The media provided unabated coverage. Inflammatory speeches were delivered by irresponsible politicians. Some unscrupulous talk-show hosts incited and provoked citizens.” Isn’t the situation once again similar? Doesn’t it seem like history is repeating? Few analysts consider it to be a worst kind of situation.

Supreme Court writes in its judgment that “the freedom of speech and expression and of the press are fundamental right. However, these rights cannot be used to denigrate or undermine the glory of Islam, security or defence of Pakistan, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, or commission of or incitement to an offence.  He categorically mentions that “PEMRA Ordinance mirrors the restrictions as set out in Article 19 of the Constitution and further prohibits broadcasts which are, “likely to create hatred among the people or is prejudicial to the maintenance of law and order or is likely to disturb public peace and tranquility.” So, Supreme Court has already given clear instructions that if some event is likely to disrupt peace and tranquility, media broadcasts can be prohibited.

Insiders say that we are in a dead end and this is the most crucial time of history for Pakistan, especially when the economic fate has to be decided by IMF on 25th May when Imran khan marches on Islamabad. So let’s playout the possible upcoming scenarios which political stakeholders may have to consider;

  1. Marching towards Islamabad with huge crowds is one thing but forcing a government to dissolve assemblies with this crowd is another thing. Imran Khan very well knows this is a do or die situation for his political career as well. He knows his March will only succeed if he can force an early election.
  2. Bringing larger mobs to Islamabad will only be fruitful if there is some kind of disruption by the present government or by the PTI itself. IK knows that a prolonged sit in without happenings in the red zone won’t be impactful.
  3. PTI leaders have been repeatedly convincing people including government employees, Army officers and police to bring their families in their Haqeeqi Azaadi March. The question which arises is that “Why IK doesn’t bring own family members to join the “Jihad” or “Haqeeqi Azaadi”?
  4. IMF has to take crucial decision on Pakistan’s economic fate. Without an IMF Package, a Srilanka type scenario may arise. The decision will come on the same date as of long march, on 25th May. This is a do or die situation for Pakistan’s economy. So the leaders of this March should definitely come with a futuristic economic plan and tell the masses how will they get rid of this dire economic situation.
  5. While Srinagar Highway will be full of Marchers led by the so-called Ambassador of Kashmir, a big decision is expected to come from Srinagar about Yasin Malik. Unfortunately, it is expected that his sentencing maybe announced on 25th May as well.

The government also has limited options. They are arresting leaders of PTI. They are raiding houses in their own panic mode which will further incite the situation. The removal of fuel subsidiary has become inevitable and when it happens it will be the most unpopular decision. Rising, Inflation will cut purchasing power. Finalization of IMF program has brought them to a dead end.

The dread is in the air. 25th May is around the corner. It is Crucial. It is Do or Die for Pakistan. We must fear!!

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When Politics turns Personal; The Toxic Allegations & Accusations become a Norm

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Image source: timeofpakistan.com

There is something happening beneath this political turmoil which is NOT looking good!!

Whenever Political landscape turns into a Personal battleground, defeats become unacceptable. These past few days are a perfect case study to see that how Political elite in Pakistan has done whatever it took it to stay in power. In this power grab scenario, there could be numerous losses including the integrity of institutions. We have unfortunately entered into a very dangerous phase, where some political stakeholders have put all stakes at risk, where they have stretched their limits beyond a constitutional limit, all to gather mass support, all to stay in power and avoid defeat. Is it a threat of losing power? Is it a double game? Is it a practical hybrid war we are fighting?  Whatever it is, it doesn’t seem to be good. All is at stake, all is at risk and all is toxic.

As if the political temperature was not noxious enough, Shireen Mazari Saga took place. Once again, accusations, allegations and assumptions started pouring in against the state institutions. Soon after her arrest, her daughter, a lawyer herself Imaan Zainab Mazari alleged that her mother was beaten by male police officers during the arrest. But few minutes later, a video clip surfaced that showed clearly that her mother was arrested by Female Police officers in broad daylight and as per the law. Lie number 1 of the daughter stood exposed. Within moments, without any cogent evidence the lady, known for many controversies in the past targeted state institution for such an act, although the anti-corruption already had taken responsibility of her arrest.

Abuse of power can never be tolerated, regardless of who it targets or from where it emanates. This mantra is true and everyone has an equal belief on it but let’s take a deep dive to see that how politics turned dirty in this case, how blame game took place and how this entire episode was used as a tool to churn propaganda against Army leadership and Armed Forces.

1. The anti-corruption police had arrested Shireen Mazari and she herself accepted that Prime Minister and Interior minister were responsible for my arrest. But the mother daughter nexus brazenly started blaming institutions without any solid evidence. Shouldn’t there be an inquiry on this too?

2. PTI was always of the opinion that why courts were opened mid night to send IK packing while he wasn’t listening to anyone however when same court gave a verdict in favor of PTI ex minister, late night, it was celebrated and much appreciated by Shireen Mazari & IK who have been spearheading anti judicial tirade until recently. Isn’t it blatant hypocrisy? Judicial inquiry has been ordered by the Court which is a positive sign, but the serious allegations which Mazari nexus have raised must also be inquired during this newly formed judicial inquiry. Should the Judiciary not question them on hurling these baseless allegations?

3. The present government, whose Police itself arrested Shireen Mazari disowned this attempt. Attorney General displayed his ignorance about the matter in front of the court. So, somehow the government created this impression in the public eye that they are not to be blamed for the arrest of Shireen Mazari. Was it a double game? Or a deliberate effort to discredit institutions?

Pakistan is already facing serious economic downfall, political uncertainty and civil strife. PTI has also announced Long March to Islamabad on 25th May which is likely to further exacerbate already fragile political and economic instability. It has become quite evident now for achieving petty political ends, our political elite has no serious resolve to address the crisis confronting the country. Country is being deliberately pushed to limits of economic and political dead end. The political immaturity and lack of vision to handle the crisis situation is also hurting the repute of institutions amidst internal political wrangling. If political leadership doesn’t come to grips of the critical situation prevailing which is likely to aggravate further in coming days, people of Pakistan in particular and the country in general are likely to suffer unprecedented damage. Political elite must put its acts together and steer the country out of prevalent political and economic crisis by showing sagacity and political wisdom until it’s too late.

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Accusations to Acknowledgement: The Battle of Article 63 A

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The weather is heating up. As the May is ending, Political temperatures are soaring. The fate regarding the country’s political and economic stability will be measured in the upcoming days. Earlier, PDM built momentum by taking on institutions. Maryam Nawaz raised the temperature by targeting key personalities and institutions. Allegations were bursting against the institutions in all dimensions. Today, we witness reversal of roles. Accusations have been outflowing in every Jalsa by PTI. But now suddenly, the “accusations” turned into “acknowledgment”. “Complaints” started transforming into “Compliments”. Is it the change of narrative? Is it another U-turn? Or is it the restoration of confidence in the institutions? Where will this chaos end?

The Supreme Court’s “decision” or as they say “opinion” or “binding” on Article 63 A has raised some pertinent questions on the status of CM Punjab election? In the interpretation of Article 63 A of the constitution, the Supreme court categorically condemns the practice of horse trading by calling it “a cancer afflicting the body politic”. Supreme Court in its decision of 3-2 rejected the vote count of these dissident members against the party directives. So the future of the Chief Executive of Punjab is now under threat because it is contrary to what happened in National Assembly. The political instability continues and the situation is messy.

In light of this verdict, Hamza has a support of 172 MPAs in Punjab assembly but at the same time, he also has 4 dissenting members which draws the figure to 168. Now further moving ahead, PTI and alliance also has a collective figure of 168 votes minus 21 dissenting members. The situation here in Punjab is way too complex now. A support of 186 members is required for a clear majority in Punjab assembly to formulate a government. This current Punjab government can either fall through a governor led vote of no confidence or a Supreme court order. The governor even has a right to dissolve the assembly with his discretionary powers according to Article 112 (2) of the constitution. Supreme Court has already made its decision on cross voting against Party fiat.  Now legal experts are interpreting the decision in their own dictionaries. What will happen in Punjab? What will happen on the federal level? Will there be an election call? If so, what will be the care taker setup? Will there be a fresh mandate? Who will make the hard economic decisions?  Lot needs to be answered in these crucial times.

From “My judges disappointed me” to “Thankyou Supreme Court”, a lot has happened and a lot is ready to take place. Islamabad is full of gossips, interpretations, whispers and predictions these days. There is something seething under this political turmoil. The Red zone is under a lot of pressure whether politically or economically. Pre – Elections, Elections and then Post elections, we have a lot of consequences of a lot of hard decisions. But hard decisions need to be taken. Question is who is ready to make the hard choices? Be Afraid!!

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