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Safoora Zargar: A Requiem For Indian Democracy

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Imagine someone being jailed for organizing a demonstration — under such rules hundreds of activists in the Black Lives Matter marches would be in jail.  Unthinkable in a democracy?  Then imagine a judge in India denying bail for such an offense so that the person is in jail without trial, without a preliminary hearing, and without the food necessary in her present condition. 

Yes, the person involved is a young woman only 27 years of age, newly married and pregnant, a graduate student at a university in Delhi, and she hails from, of all places, repressed Kashmir where India’s human rights record has left a stink smelled around the world.  Her name is Safoora Zargar.  It is a case that intersects multiple planes of discrimination in the Hindu nationalist agenda.

Since April 10, 2020, she has been in jail under India’s new Unlawful Activities Prevention Act (UAPA), all because she played a role in organizing a demonstration of women students to block a crossroads.  Under this act, which covers a whole gamut of activities, the charges can include rioting, possession of arms, attempt to murder, incitement of violence, sedition, murder, and promoting enmity between different groups on grounds of religion.  She is now also being trolled on social media.  And yet, she did not call for violence as, for example, a member of Prime Minister Narendra Modi’s own Bharatiya Janata Party (BJP), Kapil Mishra, has done, calling protesters traitors who should be shot.  He of course remains at large.

The judge denying bail for Ms. Zargar chose a metaphor:  “When you choose to play with embers, you cannot blame the wind to have carried the spark a bit too far and spread the fire.”  Judge Dharmender Rana, in reasoning beyond common comprehension, laid the blame for the Delhi riots on Mrs. Zargar’s little shoulders, seeking to make an example.  Some consider the judge’s decision to be wrong in law as the UAPA is vague in many aspects. 

What all the demonstrations and protests have been about is very simply Mr. Modi’s Citizenship Amendment Act (CAA), which for the first time in India’s history uses religion as a basis for citizenship.  HRW (Human Rights Watch) claims it “… violates India’s international obligations to prevent deprivation of citizenship on the basis of race, color, descent, or national or ethnic origin.”  It calls on the Indian government to repeal the law, and it has produced a detailed 82-page report titled, “‘Shoot the Traitors’: Discrimination Against Muslims Under India’s New Citizenship Policy,” backing up its claims.

The UN too is critical.  Jeremy Laurence, a spokesman for the Office of the UN High Commissioner for Human Rights (OHCHR), thought it compromised India’s claimed commitment to equality before the law.  OHCHR also urged India to respect the right to peaceful assembly.  Tell that to Judge Dharmendra Rana who conflated Safoora Zargar’s planned peaceful demonstration with the Delhi riots and packed her off to jail.

In these February 2020 riots Hindu mobs attacked Muslims resulting in over 50 deaths.  It might have been anticipated because BJP leaders had belittled protesters, some like Kapil Mishra describing them as traitors who should be shot.  Worse, video evidence demonstrates police complicity with the mobs and a failure to intervene when help was sought.  Students charged this happened when a protest at their university in Delhi was set-upon by a mob of Hindu BJP supporters.  The police present can be observed doing nothing to help them.

Safoora Zargar continues to languish in a filthy Indian jail, in surroundings alien to a midle class Muslim woman from the picturesque Vale of Kashmir.  The tensions of prison life and the poor diet has her husband worrying for the health of their unborn child and the danger of a miscarriage, which under prison conditions with a lack of prompt medical attention could prove fatal. 

Is it a tragedy waiting to happen, among others (enumerated in The New Yorker) in Modi’s ‘New’ India

Dr. Arshad M. Khan is a former Professor based in the US. Educated at King's College London, OSU and The University of Chicago, he has a multidisciplinary background that has frequently informed his research. Thus he headed the analysis of an innovation survey of Norway, and his work on SMEs published in major journals has been widely cited. He has for several decades also written for the press: These articles and occasional comments have appeared in print media such as The Dallas Morning News, Dawn (Pakistan), The Fort Worth Star Telegram, The Monitor, The Wall Street Journal and others. On the internet, he has written for Antiwar.com, Asia Times, Common Dreams, Counterpunch, Countercurrents, Dissident Voice, Eurasia Review and Modern Diplomacy among many. His work has been quoted in the U.S. Congress and published in its Congressional Record.

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South Asia

India is in big trouble as UK stands for Kashmiris

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 A London-based law firm has filed an application with British police seeking the arrest of India’s army chief and a senior Indian government official over their alleged roles in war crimes in Indian-administered Kashmir.

Law firm Stoke White said it submitted extensive evidence to the Metropolitan Police’s War Crimes Unit on Tuesday, documenting how Indian forces headed by General Manoj Mukund Naravane and Home Affairs Minister Amit Shah were responsible for the torture, kidnapping and killing of activists, journalists and civilians – particularly Muslim – in the region.

“There is strong reason to believe that Indian authorities are conducting war crimes and other violence against civilians in Jammu and Kashmir,” the report states, referring to the territory in the Himalayan region.

Based on more than 2,000 testimonies taken between 2020 and 2021, the report also accused eight unnamed senior Indian military officials of direct involvement in war crimes and torture in Kashmir.

The law firm’s investigation suggested that the abuse has worsened during the coronavirus pandemic. It also included details about the arrest of Khurram Parvez, the region’s most prominent rights activist, by India’s counterterrorism authorities last year.

“This report is dedicated to the families who have lost loved ones without a trace, and who experience daily threats when trying to attain justice,” Khalil Dewan, author of the report and head of the SWI unit, said in a statement.

“The time has now come for victims to seek justice through other avenues, via a firmer application of international law.”

The request to London police was made under the principle of “universal jurisdiction”, which gives countries the authority to prosecute individuals accused of crimes against humanity committed anywhere in the world.

The international law firm in London said it believes its application is the first time that legal action has been initiated abroad against Indian authorities over alleged war crimes in Kashmir.

Hakan Camuz, director of international law at Stoke White, said he hoped the report would convince British police to open an investigation and ultimately arrest the officials when they set foot in the UK.

Some of the Indian officials have financial assets and other links to Britain.

“We are asking the UK government to do their duty and investigate and arrest them for what they did based on the evidence we supplied to them. We want them to be held accountable,” Camuz said.

The police application was made on behalf of the family of Pakistani prisoner Zia Mustafa, who, Camuz said, was the victim of extrajudicial killing by Indian authorities in 2021, and on behalf of human rights campaigner Muhammad Ahsan Untoo, who was allegedly tortured before his arrest last week.

Tens of thousands of civilians, rebels and government forces have been killed in the past two decades in Kashmir, which is divided between India and Pakistan and claimed by both in its entirety.

Muslim Kashmiris mostly support rebels who want to unite the region, either under Pakistani rule or as an independent country.

Kashmiris and international rights groups have long accused Indian troops of carrying out systematic abuse and arrests of those who oppose rule from New Delhi.

Rights groups have also criticized the conduct of armed groups, accusing them of carrying out human rights violations against civilians.

In 2018, the United Nations human rights chief called for an independent international investigation into reports of rights violations in Kashmir, alleging “chronic impunity for violations committed by security forces”.

India’s government has denied the alleged rights violations and maintains such claims are separatist propaganda meant to demonize Indian troops in the region. It seems, India is in big trouble and may not be able to escape this time. A tough time for Modi-led extremist government and his discriminatory policies. The world opinion about India has been changed completely, and it has been realized that there is no longer a democratic and secular India. India has been hijacked by extremist political parties and heading toward further bias policies. Minorities may suffer further, unless the world exert pressure to rectify the deteriorating human rights records in India.

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S. Jaishankar’s ‘The India Way’, Is it a new vision of foreign policy?

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S. Jaishankar has had an illustrious Foreign Service career holding some of the highest and most prestigious positions such as ambassador to China and the US and as foreign secretary of India. Since 2019 he has served as India’s foreign minister. S. Jaishankar also has a Ph.D. in international relations from JNU and his academic background is reflected in this book.

His main argument is simplistic, yet the issues involved are complex. Jaishankar argues that the world is changing fundamentally, and the international environment is experiencing major shifts in power as well as processes. China is rising and western hegemony is declining. We are moving away from a unipolar system dominated by the US to a multipolar system. Globalization is waning and nationalism and polarization is on the rise (p. 29). The old order is going away but we cannot yet glimpse what the future will look like. This is the uncertain world that Dr. Jaishankar sees.

Dr. Jaishankar also argues that India too has changed, it is more capable and more assertive. The liberalization program that began in 1991 has made the Indian economy vibrant and globally competitive and it is well on track to becoming the third biggest economy in the world, after China and the US.  The war of 1971 that liberated Bangladesh, the liberalization of the economy after 1991, the nuclear tests in 1998 and the nuclear understanding with the US in 2005, Jaishankar argues are landmarks in India’s strategic evolution (p. 4). So given that both India and the system have changed, Jaishankar concludes, so should India’s foreign policy.

But his prescription for India’s foreign policy, in the grand scheme of things, is the same as before – India should remain nonaligned and not join the US in its efforts to contain China. India will try to play with both sides it seems in order to exploit the superpowers and maximize its own interests (p. 9). But he fails to highlight how India can find common ground with China other than to say the two nations must resolve things diplomatically. He also seems to think that the US has infinite tolerance for India’s coyness. In his imagination the US will keep making concessions and India will keep playing hard to get.

Jaishankar has a profound contradiction in his thinking. He argues that the future will be determined by what happens between the US and China. In a way he is postulating a bipolar future to global politics. But he then claims that the world is becoming multipolar and this he claims will increase the contests for regional hegemony. The world cannot be both bipolar and multipolar at the same time.

There is also a blind spot in Jaishankar’s book.  He is apparently unaware of the rise of Hindu nationalism and the demand for a Hindu state that is agitating and polarizing India’s domestic politics. The systematic marginalization and oppression of Muslim minorities at home and the growing awareness overseas of the dangers of Hindutva extremism do not exist in the world that he lives in. He misses all this even as he goes on to invoke the Mahabharata and argue how Krishna’s wisdom and the not so ethical choices during the war between Pandavas and Kauravas should be a guide for how India deals with this uncertain world – by balancing ethics with realism (p. 63). Methinks his little digression in discussing the ancient Hindu epic is more to signal his ideological predilections than to add any insights to understanding the world or India’s place in it.  

One aspect of his work that I found interesting is his awareness of the importance of democracy and pluralism. He states that India’s democracy garners respect and gives India a greater opportunity to be liked and admired by other nations in the world (p. 8). Yet recently when he was asked about the decline of India’s democratic credentials, his response was very defensive, and he showed visible signs of irritation. It is possible that he realizes India is losing ground internationally but is unwilling to acknowledge that his political party is responsible for the deterioration of India’s democracy.

This is also apparent when he talks about the importance of India improving its relations with its immediate neighbors. He calls the strategy as neighborhood first approach (pp. 9-10). What he does not explain is how an Islamophobic India will maintain good relations with Muslim majority neighbors like Bangladesh, Maldives, and Pakistan.

The book is interesting, it has its limitations and both, what is addressed and what is left out, are clearly political choices and provide insights into how New Delhi thinks about foreign policy. So, coming to the question with which we started, does India have a new foreign policy vision? The answer is no. Dr. Jaishankar is right, there is indeed an India way, but it is the same old way, and it entails remaining nonaligned with some minor attitudinal adjustments.  

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India’s open invitation to a nuclear Armageddon

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Army chief General Manoj Mukund Naravane said that “India was not averse to the possible demilitarisation of the Siachen glacier ,  the world’s highest battleground and an old sore in India-Pakistan ties , provided the neighbour accepted the 110-km Actual Ground Position Line (AGPL) that separates Indian and Pakistani positions. Acceptance of AGPL is the first step towards demilitarisation but the Pakistan side loathes doing that”. He said, ‘The Siachen situation occurred because of unilateral attempts by Pakistan to change status quo and countermeasures taken by the Indian Army’ (Not averse to demilitarisation of Siachen if Pak meets pre-condition: Army chief, Hindustan Times January 13, 2022).

Reacting to the Indian army chief’s statement, Pakistan’s former foreign secretary Riaz Mohammad Khan reminisced that the Siachen could not fructify into a written agreement because India wanted Siachen and Kashmir to be settled together. India’s approach ‘nothing is agreed until everything is agreed’ scuttled the agreement. As for Kashmir, “a simultaneous effort was made through the backchannel …in what is commonly known as the Four-Point Formula” (Siachen recollections, Dawn January 16, 2022). Riaz laments Indi’s distrust that hindered a solution.

Shyam Saran, a voice in the wilderness

Shyam Saran, in his book How India Sees the World (pp. 88-93) makes startling revelations about how this issue eluded solution at last minute. India itself created the Siachen problem.  Saran reminisces, in the 1970s, US maps began to show 23000 kilometers of Siachen area under Pakistan’s control. Thereupon, Indian forces were sent to occupy the glacier in a pre-emptive strike, named Operation Meghdoot. Pakistani attempts to dislodge them did not succeed. But they did manage to occupy and fortify the lower reaches’.

He recalls how Siachen Glacier and Sir Creek agreements could not fructify for lack of political will or foot dragging. He says ‘NN Vohra, who was the defence secretary at the time, confirmed in a newspaper interview that an agreement on Siachen had been reached. At the last moment, however, a political decision was taken by the Narasimha Rao government to defer its signing to the next round of talks scheduled for January the following year. But, this did not happen…My defence of the deal became a voice in the wilderness’.

Saran says, `Kautliyan template would say the options for India are sandhi, conciliation; asana, neutrality; and yana, victory through war. One could add dana, buying allegiance through gifts; and bheda, sowing discord. The option of yana, of course would be the last in today’s world’ (p. 64, ibid.).

India’s current first option

It appears that Kautliya’s last-advised option,yana, as visualised by Shyam Saran, is India’s first option nowadays. Kautlya also talks about koota yuddha (no holds barred warfare), and maya yuddha (war by tricks) that India is engaged in.

Cartographic annexation

By unilaterally declaring the disputed Jammu and Kashmir its territory does not solve the Kashmir problem. This step reflects that India has embarked upon the policy “might is right”. In Kotliyan parlance it would be “matsy nyaya, or mach nyaya”, that is big fish eats the small one. What if China also annexes disputed borders with India?  India annexed Kashmir presuming that Pakistan is not currently in a position to respond militarily, nor could it agitate the matter at international forums for fear of US ennui.  

India’s annexation smacks of acceptance of quasi-Dixon Plan, barring mention of plebiscite and division of Jammu. . Dixon proposed: Ladakh should be awarded to India. Pakistan Occupied Kashmir (including Gilgit and Baltistan) should remain with Pakistan. Whole Kashmir valley should have a plebiscite with no option to independence. Jammu should be divided on religious basis. The river Chmab should be the dividing line. Northern Jammu (Muslims dominated) should go to Pakistan and Hindu majority parts of Jammu to remain with India.

In short Muslim areas should have gone with Pakistan and Hindu-Buddhist majority areas should have remained with India.

India’s annexation has no legal sanctity. But, it could have bbeen sanctified in a mutually agreed Kashmir solution.

India’s propaganda

India portrays the freedom movement in Kashmir as `terrorism’. What about India’s terrorism in neighbouring countries?

The world is listless to accounts of former diplomats and RAW officers about executing insurgencies in neighbouring countries. B. Raman, in his book The Kaoboys of R&AW: Down Memory Lane makes no bones about India’s involvement up to the level of prime minister in Bangladesh’s insurgency.

 Will the world take notice of confessions by Indi’s former intelligence officers and diplomats?B. Raman reminds `Indian parliament passed resolution on March 31, 1971 to support insurgency. Indira Gandhi had then confided with Kao that in case Mujib was prevented from ruling Pakistan, she would liberate East Pakistan from the clutches of the military junta. Kao, through one RAW agent, hijacked a Fokker Friendship, the Ganga, of Indian Airlines hijacked from Srinagar to Lahore.

India’s ambassador Bharath Raj Muthu Kumar, with the consent of then foreign minister Jaswant Singh, `coordinated military and medical assistance that India was secretly giving to Massoud and his forces’… `helicopters, uniforms, ordnance, mortars, small armaments, refurbished Kalashnikovs seized in Kashmir, combat and winter clothes, packaged food, medicines, and funds through his brother in London, Wali Massoud’, delivered circuitously with the help of other countries who helped this outreach’. When New Delhi queried about the benefit of costly support to Northern Alliance chief Massoud, Kumar explained, “He is battling someone we should be battling. When Massoud fights the Taliban, he fights Pakistan.”

Death of back-channel

In his memoirs In the line of fire (pp.302-303), president Musharraf had proposed a personal solution of the Kashmir issue.  This solution, in essence, envisioned self-rule in demilitarised regions of Kashmir under a joint-management mechanism.   The solution pre-supposed* reciprocal flexibility.

Death of dialogue and diplomacy

Riaz warns of “incalculable” risks as the result of abrogation of Kashmir statehood (Aug 5, 2019). Both India and Pakistan are nuclear powers. In the absence of a dialogue on outstanding issues, war, perhaps a nuclear one,  comes up as the only option.

Concluding remark

Sans sincerity, the only Kashmir solution is a nuclear Armageddon. Or, perhaps divine intervention.

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