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The crisis of international law

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The idea of promoting the human rights agenda in the image and likeness of the Western countries’ principles – as the repositories of Absolute Truth – is counterproductive and directly harmful in the Near and Middle East and Central Asia, as it does not consider the historical experience of these geopolitical regions. Moreover, many experts in the West talk about such topics, but do not really know the local culture or languages. Therefore, when they write about these countries, they rely on the classic languages of imperialism – English and French – with all that inevitably follows in geometric progression.

The decline of the bipolar system in international relations in the early 1990s was accompanied by great expectations of politicians and experts, who dreamt of the advent of a world based on the rule of law. A kind of Paradise on Earth, where everyone would suddenly be happy, and wars – but first and foremost hunger – would disappear. Their dreams, however, were not destined to become true, as wars have multiplied and hunger is claiming more victims than ever before, with the spectre of wars over water resources now looming large.

The specificities of international relations are determined by the three most important components: international law, geopolitics and ideology. The first international treaty systems appeared in the ancient world: in the aftermath of the Battle of Qadeš between the Egyptians and the Hittites at the end of May 1,274 BC. In 1,258 a fair treaty was concluded regarding the land to be ruled around the border that Ramesses II was unable to move farther north than Qadeš. But diplomacy, in the modern sense of the word, only began to take shape after the Thirty Years’ War of 1618-1648.

On May 15, 1648 the Protestant princes signed the first treaty of the Peace of Westphalia, in Osnabrück, which marked the end of the conflict between Sweden and the Habsburg Empire. The Catholic princes later signed two more treaties in Münster (on October 24 of the same year).

Westphalia – and, to an even greater extent, the Congress of Vienna (November 1, 1814 – June 9, 1815) that replaced it, was also based on three components: multipolarity, the balance of powers and the concert of powers, which mainly meant the importance of the great powers: Austria, Prussia, Russia and the United Kingdom. In many ways, the same principles were characteristic of the Yalta-Potsdam system, which determined relations between the two superpowers during the Cold War. The rules of international law were respected above all because there was a force behind them that could not be ignored. That is why peace reigned in Europe and the interests of the Union of Soviet Socialist Republics and the United States of America clashed mainly in the countries on the periphery – i.e. by shifting the Second Thirty Years’ War (1914-1945) to Third World countries and the Balkans, so that the West’s and East’s war industries would have their war theatres as outlets for their weapons. Little could the People’s Republic of China do by defining both the former and the latter social-imperialists as imperialists tout court, and branding them both as hegemonists.

In the 1990s the world changed. It became “US-centric”. After the collapse of the Soviet Union, the United States of America became the only superpower to take responsibility for the fate of humanity, i.e. its own “manifest destiny”. The concept of the “end of history”, developed by the famous American political scientist and Professor at Johns Hopkins University, Francis Fukuyama – although criticised by some experts in the United States of America – has not been seriously revised. In turn, the various wars in Asia, Yugoslavia and the difficult situation in Africa (the genocide in Rwanda in 1994, amidst the United Nations’ indifference and multiple local wars) raised the issue of the right to interfere in the countries’ internal affairs in order to protect human rights.

The situation in the former Soviet Union also changed. Local leaders seemed to be deciding to abandon their sovereignty completely and to integrate themselves as far as possible into Western political structures.

It is worth mentioning the conversation between the former President of the United States of America, Richard Nixon (the last great US President), and Boris Yeltsin’s former Foreign Minister, Andrey Vladimirovič Kozyrev, in June 1992. When asked by President Nixon how the Russian government decided his country’s national priorities, Kozyrev replied that its leaders were guided by universal values: “Probably you, as a friend of Russian democracy, will help formulate these interests?” asked Kozyrev. The former US President briefly replied that he would not commit himself to doing so, hoping that the Minister would formulate them himself. However, after President Nixon left the Foreign Ministry, he could not resist stating that it was unlikely that such a Head of Russian diplomacy could earn the respect of his compatriots.

The main idea of the United States of America, after the collapse of the bipolar system, was to take measures to prevent the emergence of any serious competitors in the international arena, especially in Eurasia. That effort, however, concealed a structural contradiction: the world is too complex and diverse to be controlled by a single centre. Humanity is currently faced with situations in which the system of international law is ever less functioning.

The powers in the world arena have been upset and, without international law respected by everyone, it is impossible to speak about the existence of a system of equilibrium, but only of world law, regarded as a construction solely in the interests of the hegemonic and hegemonist country, whose role is increasingly claimed by the United States of America. .

The reason for the crisis in which world diplomacy is now floundering is the US exorbitant ambitions, which have been expressed in the “liberal” interventionism of the Democratic Party and the neo-conservative ideology of the Republican Party.

The economic rise of the People’s Republic of China, as well as the creation of the foreign policy bases by the Russian Federation, which has recovered from the consequences of the “shock therapy” and the quasi-clearance sale operated by Yeltsin has gradually laid the conditions for the creation of the basis of a new multipolarity in the balance of power. The problem lies in the fact that it is extremely disadvantageous for the United States to recognise this new reality, because the US unique position after the end of the Cold War brought it considerable economic and political dividends. Moreover, the White House mastered new mechanisms to control its partners’ activities. For example, many of the strategically important technologies that many countries need are based on US patents.

Obviously, for the United States of America, the intensification of Russian foreign policy since the second half of the 2000s has in many ways been an unpleasant revelation. While the People’s Republic of China developed gradually, for the moment without criticising the United States on controversial issues, Russia’s position, starting with Vladimir Putin’s speech delivered in Munich in 2007, and especially after the handover of Crimea to the motherland in 2014, began to be perceived by the White House as a challenge aimed at restoring the influence lost in Eurasia and the world as a whole.

Was it possible to avoid the conflict, which led to clashes of interests between the USA-NATO and Russia on the territory of Georgia, Ukraine and Syria? Some experts think so. The well-known British political scientist, Richard Sakwa – a Professor at the University of Kent – noted that the main problem of the West is that for many years it did not find effective mechanisms to integrate countries like Russia and the People’s Republic of China into the orbit of its values. Developing this idea, we can see that the conditions for such an association should have been discussed on an equal footing and not imposed from outside.

Will there be a politician in today’s Europe who knows how to return to cooperation and compromise with Russia, reviving de Gaulle’s idea of a “Europe from the Atlantic to the Urals”? In Italy certainly not; probably in France and Germany. While, on the whole, the current EU politicians – except when attempting to ban saying “Merry Christmas”, for reasons of politically correct inclusiveness – are more interested in serving US interests.  

Therefore, the reason for the alienation arisen between Russia, the People’s Republic of China and the West lies in the arrogance of the so-called developed countries, which actually deny the others the existence of national priorities, thus imposing – like good Gauleiter – the sphere of third parties’ interest.

The development of Russia’s relations with Eastern countries, and especially with the People’s Republic of China, is intended to make up for the losses Russia has suffered as a result of its confrontation with the West. According to some experts, however, China does not fully trust the current Russian political elite. The current complications in its relations with the United States and the European Union are sometimes seen here as nothing more than contrast and opposition, which can end as soon as Western politicians offer decent compensation. All this with the hope that then the Russian Federation will switch to a consistent anti-Chinese policy. Such fears are not unreasonable, but the anti-Russian lobby in the US Congress is unlikely to find strategists subtle enough to ensure such a split.

Currently much depends on the White House’s policy. It cannot be ruled out that the US President’s uncertain actions – see the literal flight from Afghanistan – are likely to help clarify the platform on which a different concept of foreign policy will emerge from the United States. A concept which is probably better suited to the changed reality, since the allies’ loss of power and trust was inevitably undermined in Afghanistan.

Every year it becomes increasingly clear that the modern world needs new value bases for its development. With all the well-known merits of liberal democracy, it shall leave the historical scene. But what concepts will replace it and help humanity out of the crisis? Will there be some model of meritocracy or transhumanism, which is now fashionable in certain circles? It is too early to answer this question definitively. The fact is that, a quarter of a century after the end of the Cold War, ideological enmity has re-emerged between Europe and Russia. A significant reason for its emergence lies in the US efforts to prevent the revival of the idea of “Europe from Lisbon to Vladivostok”. In view of laying the foundations for overcoming it, we need to recognise the right of the Russian Federation and the People’s Republic of China to pursue an independent foreign policy line and to step up contacts with Russia and China in the framework of the integration projects of multilateralism that had ensured stability until the implosion of the Soviet Union (December 25, 1991).

Advisory Board Co-chair Honoris Causa Professor Giancarlo Elia Valori is an eminent Italian economist and businessman. He holds prestigious academic distinctions and national orders. Mr. Valori has lectured on international affairs and economics at the world’s leading universities such as Peking University, the Hebrew University of Jerusalem and the Yeshiva University in New York. He currently chairs “International World Group”, he is also the honorary president of Huawei Italy, economic adviser to the Chinese giant HNA Group. In 1992 he was appointed Officier de la Légion d’Honneur de la République Francaise, with this motivation: “A man who can see across borders to understand the world” and in 2002 he received the title “Honorable” of the Académie des Sciences de l’Institut de France. “

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International Law

The Nuclear Weapons Ban Treaty (TPNW): Wishful daydream or historic milestone?

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The Treaty on the Prohibition of Nuclear Weapons (TPNW), adopted in 2017, has entered into force on the 22nd of January of this year and the number of ratifying states continues to grow, with Mongolia being the latest to announce its accession. This positive trend is certainly welcomed with enthusiasm by the Civil Society campaigners and growing number of supporters of this treaty that represents a huge step forward for the global movement to draw attention to the catastrophic humanitarian consequences of any use of nuclear weapons. It would certainly be dishonest to ignore the fact that this new international legal instrument remains controversial, to say the least, for most of the members of the so-called nuclear deterrence community. As preparations are ongoing for the first Meeting of States Parties, scheduled to take place in Vienna on 22-24 March 2022, it is useful to address some of the main doubts and arguments against the treaty.

In this regard, the main criticism is that it makes no sense to support a treaty on nuclear weapons if those states that possess them have not joined nor any intention to join it.  

In order to address this claim, it may be useful to recall that in the case of the Mine Ban and the Cluster Munition treaties, its main promoters and supporters were also states that did not possess those weapons, and that those international instruments also received some harsh criticism for this reason. Despite of this, there is no doubt now that both of those treaties have become remarkable success stories, not only by achieving the goal of approaching universalization, but also by consolidating a general moral condemnation of those categories of weapons. Therefore, the argument that a treaty necessarily needs to be joined by the possessors of the weapons can easily be rebutted. Despite of the current position of the nuclear weapons states, each new ratification of the treaty is not meaningless: on the contrary, it provides the treaty more authority and contributes to the growing pressure on nuclear weapons states to adopt further steps towards nuclear disarmament.

The other major contribution of the TPNW is that it facilitates the process of delegitimisation of nuclear weapons, necessary to finally amend the well-established foundations of nuclear deterrence doctrines. The humanitarian principles that are underlying the treaty are totally incompatible with those doctrines, and therefore are having an impact on them by highlighting the inherent immorality and illegitimacy of nuclear weapons.   

Another argument for the case of ratification is that it provides states the opportunity to support the process of democratization of the global debate on nuclear weapons, as this new treaty has been the result of a very open discussion with active engagement of delegations from all geographic regions and, in particular, of representatives of Civil Society. This is not a minor aspect of this process, but a key element. Indeed, unlike in negotiations of previous international legal instruments, in this era of growing complexity and interlinkages, the main challenges faced by humankind are being addressed by a diverse group of citizens, from all walks of life and regions. Traditional diplomacy is certainly not enough, and in the case of the TPNW, the positive results would clearly not have been possible without the decisive boost provided by the International Campaign to Abolish Nuclear Weapons (ICAN), which was able to mobilize Civil Society and likeminded governments towards the goal of negotiating a nuclear weapons ban treaty. 

While it would be naïve to expect the establishment of the nuclear weapons states to be convinced by the humanitarian narrative and in a foreseeable future to amend its defence and security policies base on nuclear deterrence, the TPNW and its focus on the security of the human being instead of the traditional notion of the security of the state, are already having an impact on the academic and public debates in those states.

The second argument used by its critics is that the TPNW weakens the Non-Proliferation Treaty (NPT).  Actually, this is not only incorrect, the opposite is true. In fact, the TPNW can serve as an initiative to help implement article VI of the NPT, by which parties are committed to undertake to “pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament”. This is of vital importance as the treaty clearly attaches a key role to all parties, and not only to those states that possess nuclear weapons. This commitment has also been reflected in the Final Document of the 2010 NPT Review Conference, and the TPNW can be understood as a reflection of that obligation to contribute to nuclear disarmament by non-nuclear weapons states.

Another common point is that the nuclear weapons industry is too strong and well consolidated and that it would be naïve to pretend that this treaty could actually have an impact on investment decisions.

This pessimism has also been proven wrong. In fact, in 2021, more than one hundred financial institutions are reported to have decided to stop investing in companies related to nuclear weapons production. As a result, the nuclear weapons industry is experiencing a considerable reduction and the trend towards the exclusion of this sector from investment targets is growing steadily. This is not only the consequence from the legal obligations that emanate from the TPNW but a reflection of the devaluation of the public image associated to these industries. As this public image continues to deteriorate, it is likely that this trend will continue and that the moral condemnation of these weapons of mass destruction will be absorbed into the mainstream of society.

Another common misinterpretation is that the TPNW should be understood as an instrument that is only designed to be joined exclusively by non-nuclear weapons states.

In fact, even though the treaty was developed by non-nuclear weapons states, it has been drafted and negotiated with the goal of universal adherence, including, someday, those states that still include nuclear deterrence in their national security doctrines. In particular, the TPNW establishes a clear set of steps for nuclear weapons states in order to eliminate their arsenals of nuclear weapons. Specifically, within 60 days after the entry into force of the treaty for a state party that possesses nuclear weapons, that state must submit a plan for the complete elimination of its nuclear weapons to a competent international authority that has been specially designated by states parties. The treaty also includes a process to designate a competent international authority to verify the elimination of nuclear weapons by a state before acceding to the treaty, and a process for states parties that maintain nuclear weapons in their territories for the removal of these weapons and report this action to the United Nations Secretary General.

It is also noteworthy that this treaty obliges states parties to provide adequate assistance to victims affected by the use or by testing of nuclear weapons, and to take the necessary measures for environmental rehabilitation in areas contaminated under its control. This dimension of the treaty constitutes an important contribution both to the protection of human rights of victims and to the now inescapable obligation to protect the environment, which are aspects that are not covered by the Comprehensive Nuclear Test Ban Treaty (CTBT). This certainly does not affect the value and vital role of this key instrument of the nuclear disarmament and non-proliferation regime but complements it by addressing the fundamental issue of environmental reparation.

The main challenge now is now not only to achieve a wider universality of the TPNW, but to engage more stakeholders and create awareness on the urgency of bringing pressure on the nuclear weapons states to finally move toward nuclear disarmament. In this regard, Civil Society initiatives have been promoting engagement of members of grassroots, parliament, the media and city governments, particularly in nuclear weapons states, which has had impressive results, with hundreds of local governments expressing support for the treaty and generating discussion among the population. These initiatives serve the purpose of putting pressure on politicians and especially, to facilitate a discussion within democratic societies about the sustainability and risks involved in the possession and harboring of nuclear weapons.

Indeed, the TPNW has a long way to go and overcome many obstacles to achieve its objective, but in its first year of entry into force, it has already had an undeniable impact on the nuclear disarmament and non-proliferation debate, despite the expected skeptics and efforts to ignore its existence stemming from the still powerful nuclear deterrence establishment. Most of its technical experts, academics and government officials honestly believe that nuclear weapons have helped to guarantee peace and stability to the world and therefore should continue as the foundation of international security doctrines. These well-established ideas have been based on the questionable assumption that the deployment of these weapons have avoided war and can guarantee permanent peace for all nations. This has served as a sort of dogmatic idea for many decades, but recent research results have shown that the risks involved are significantly higher and that the humanitarian consequences would be catastrophic for every citizen of the planet. The humanitarian impact paradigm, which underlies the process that has inspired the TPNW, has provoked a tectonic shift in the nuclear disarmament and non-proliferation debate, which had been limited to the NPT review conferences with its often-frustrating results. Certainly, the persistence of the different approaches needs to be addressed in a more constructive discussion among the supporters of this treaty and the deterrence community.

Finally, the fact that the first meeting of states parties of the TPNW will take place in Vienna is very meaningful as Austria has been one of the leading nations in this process, particularly in drafting the Humanitarian Pledge to fill the legal gap for the prohibition of nuclear weapons, which has been a decisive step towards the treaty that has already fulfilled that commitment. Despite of all the difficulties and the persistence of significant resistance, the active and committed participation of diplomats and Civil Society representatives, under the leadership of Austria, allow to envisage that this first meeting will help to strengthen the treaty and move forward in the long and burdensome road to the final objective of achieving a world free of nuclear weapons.

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Regional Mechanisms of Human Rights: The Way Forward: Case of South Asia

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Long debates have evolved since the 1948 UDHR as to whether human rights should always be perceived as universal, or whether they need to be regarded as contextual on regional and local cultures. If we look at  Art. 2 of the UDHR the rights apply “with no distinction given to their race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”. Still in spite of this, the universality has been criticized by some, who argue that by claiming human rights are universal, we ignore and undermine the cultural differences that exist between societies in different parts of the world

Historically, the first written evidence of human rights was found in the famous universal declaration in 1215 A.D., popularly known as the ‘Magna Carta’. Along with the same, there were many thinkers like Hobbes, Locke Rousseau, Milton, and Voltaire who argued in favour of  individual rights and with passage of time and the conclusion of two world wars, the United Nations Organisation came into being on 24th October 1945 that replaced the League of Nations.

Further, the Universal Declaration of Human Rights that was established in 1948 and is considered a milestone in the field of human rights whose primary aim is to protect and promote human rights. In contrast to the said aim, the critics of the UDHR label it as a Western-biased document that fails to account for the cultural norms and values which exist in the rest of the world. It is only with regard to a group of certain core rights like that are listed in the human rights treaties as ‘non-derogable rights’ or considered jus cogens such as the prohibition of the use of force, the law of genocide, the principle of racial non- discrimination, crimes against humanity, and the rules prohibiting trade in slaves and piracy that consensus among nations exist.

The core of the issue is that a group of nations are seeking to redefine the content of the term “human rights” according to their own social and cultural experiences as they argue that the principles enshrined in the Universal Declaration reflect Western values and not their own. These countries sign many international human rights treaties and conventions, but the use of reservations and internal obstacles

jeopardize their implementation. Such claims of social and cultural differences in the past have been dismissed by the western countries and the USA who dismissed such claims as being a screen behind which authoritarian governments can perpetuate abuses.

Coming to South Asian Nations, there does exist violations of human rights in India as there is an absence of any regional framework that can hold the government responsible for the acts committed or provide a forum to individuals to appeal against the decisions of the Courts like the one existing under European Court of Human Rights. To illustrate, the aspect of women’s rights needs consideration and improvement in the daily lives of women to meet the gap between formal rights and actual implementation of the same.  What this means is that there exists a necessity to focus on translating the universal values enshrined under International human rights to local contexts that is the only option available to human beings irrespective of the geographical location to the ideals of equality and freedom from discrimination

In this context, there arises a need for establishing regional and sub- regional human rights codes or conventions. This has also been recognized by the United Nations since in absence of a universal approach that the South Asian states refuse to adopt, it is through regional initiatives that the motives of human rights could be achieved. The need for a regional initiative becomes even more significant because unlike Europe, America, and Africa there is no inter-governmental regional system for human rights protection in South Asia. In practice, the reason cited is that the human rights debate revolves around the South Asian views or perspectives. Although the South Asian governments have ratified international human rights instruments, they fail to reflect in the national constitutions or laws of most governments.

The fact that human rights will enjoy certain specificity in South Asia, still to be elaborated and applied, however, does not mean less for the universality of human rights. The reason being that the international human rights do not originate from merely one homogenous European value system or culture, but from various heterogeneous sources, some of these existing in the long history of South Asia. Thus, human rights are universal not only in their applicability to all human beings in every corner of the world, but are also universal because they originated from every corner in the world.

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No focus on India on UN Genocide Day

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Each year, on the ninth day of December, the United Nations observes the UN Day of Commemoration and Dignity of the Victims and Crimes of Genocide. The day is also remembered as anniversary of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention). As usual, the Day came and passed by quietly with a few perfunctory functions.

Definition

The word “genocide” was first coined by Polish lawyer Raphäel Lemkin in 1944 in his book Axis Rule in Occupied Europe. It consists of the Greek prefix genos, meaning race or tribe, and the Latin suffix cide, meaning killing. Lemkin developed the term partly in response to the Nazi policies of systematic murder of Jewish people during the Holocaust, but also in response to previous instances in history of targeted actions aimed at the destruction of particular groups of people. Later on, Raphäel Lemkin led the campaign to have genocide recognised and codified as an international crime.

Codification as a “crime”

Genocide was first recognised as a crime under international law in 1946 by the United Nations General Assembly (A/RES/96-I). It was codified as an independent crime in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention). The Convention has been ratified by 149 States (as of January 2018). The International Court of Justice (ICJ) has repeatedly stated that the Convention embodies principles that are part of general customary international law. This means that whether or not States have ratified the Genocide Convention, they are all bound as a matter of law by the principle that genocide is a crime prohibited under international law. The ICJ has also stated that the prohibition of genocide is a peremptory norm of international law (or ius cogens) and consequently, no derogation from it is allowed.

 Elements of“genocide”

In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, such as:

Killing members of the group; Causing serious bodily or mental harm to members of the group;

Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; Imposing measures intended to prevent births within the group;

Forcibly transferring children of the group to another group.

Has India breached the Genocide Convention?

Though India ratified the convention in 1959, there is no legislation on the subject. India’s union minister of state for home affairs, Kiren Rijiju justified India’s lethargy in Rajya Sabha (March 2, 2016) on grounds that the 1948 Convention, by virtue of India’s accession, is an integral part of the Common Law of India. He further claimed that both substantive and procedural criminal law provides an appropriate legislative framework to deal with acts like genocide in India.

The fact however remains that  there is no provision in the Indian Penal Code to criminalise killing or causing serious bodily or mental harm to individuals of a particular national, ethnic, racial or religious group, with the intent to destroy such a community in whole or in part. In other words, mass murder by specifically targeting individuals of a particular group (RSS, VHP, etc) manifested on lynching, setting ablaze individuals and humiliating them in myriad ways is not recognised as crime beyond murder simplicities.

Sans appropriate legislation, India cannot prevent and punish the crime of genocide (Articles I and IV) and try perpetrators through ‘competent tribunals’ (Article VI).

The lack of an objective criterion to conclusively establish the commission of mass murders that constitute genocide precludes a judicial authority in India trying cases which amount to the crime, thereby breaching the country’s obligations under Article VI. By the same logic, no law enforcement agency is competent to investigate offences which may amount to genocide given the non-existence of such an offence in the Indian legal landscape.

Very often the hooligans commit mass murder of minorities in collusion and connivance with police. But, section 197 of the Code of Criminal Procedure, 1973 grants immunity to offender officials “in the discharge of their duty”. The section 197 shielded the guilty public servants involved in mass murder of people whether Kashmiris, Sikhs or other minorities.

In the absence of such a legislative framework, it is hard not to conclude that India is in breach of its legal obligations. If the Ontario assembly resolution at least triggers a broader debate on India’s commitment under international law to the Genocide Convention – and to the need for justice – some good would have come out of it.

History of the “mass murder” riots in India

There were anti-Muslim riots in 1707 after the death of Moghul emperor Aurangzeb. In Benares (1809), bloody anti-Muslim riots were due to a mosque allegedly having been built by Aurangzeb atop a temple (quasi-Babri-Masjid issue).  In 1714, anti-Muslim riots on issues of cow slaughter took place.  Rumours about attack on Hindu religious processions, passing through Muslim-majority area, or other flimsy excuses triggered anti-Muslim riots in Kashmir (1719), Delhi (1729), and Bombay (1786). Riots also took place at different places in Uttar Pradesh (Koil 1820, Moradabad 1833, Shahjahanpur 1837, and Alahabad 1837-52).

The riots in the 1990s were due to Advani’s Rath Yatra (chariot procession), resulting in death of over 200 people mostly Muslim.  In January 1993, over 3000 Muslim were killed in Bombay by Shiv Sena (lord Shiva’s army) in collusion with the police.

The major riots in modern times include the 1969 Gujarat riots, 1984 Bhiwandi riots (May 1984) 278, 1984 anti-Sikh riots (October 31, 1984 to November 3, 1984) 3,350-17,000,

1985 Gujarat riots, 275, 1986 Jammu and Kashmir Riots (February–March 1986) including 1986 Anantnag Riots, 1989 Kashmir violence, the 1989 Bhagalpur riots, 1992 (December 1992 to January 1993,   Mumbai riots 900 people died, Godhra train burning, 2002,  Gujarat riots, 2013 Muzaffarnagar riots and 2020 Delhi riots. In 2013, Muzaffarnagar (Uttar Pradesh) Hindu-Muslim riots (August to September) over 62 persons were killed including at least 42.  It left more than 50,000 Muslims displaced.

Memories  of the Babri masjid demolition

On 6 December 1992 the VHP and the BJP organised a rally at the site involving 150,000 volunteers, known as kar sevaks. The rally turned violent, and the crowd overwhelmed security forces and tore down the mosque. Advani and other BJP leaders were exonerated by the courts. –

Issues Triggering Riots.

 Cow slaughter (actually, if not politicized, it is a non-issue).  Hindus’ ancestors were carnivorous. Yet, several Muslims including Tabriz Ansari were either lynched alive or set ablaze on this non-issue. It is eerie that India’s Dua Corporation is itself the biggest exporter of beef, sometimes surpassed by Brazil.

Hindu extremists desire to enforce a uniform civil code ostensible under Articles 44 and 48 of the Indian Constitution, but actually in violation of Articles 14 (no religious discrimination), 16 (equal opportunities for minorities), 26 to 28 (minorities freedom to manage their own religious affairs), 30 (maintaining minorities educational institutions), 345, 347, 350, 350-A (rights of linguistic minorities). Loud music and Bhajan singing before mosques.Non-traditional routes of processions. Reservation of jobs, and seats in educational institutions. Elopement of Hindu girls with Muslim boys. Characterisation of one by the other community as Malichh and Kafir.  Routes of Religious processions. Conversions from one religion to another.  Singing or playing Vande Matram aloud before mosques.  The de facto status of Urdu especially in Uttar Pradesh.  Muslim Personal Law and Uniform Civil Code. Suspicions about Muslims loyalty to India.

Concluding remarks

India eminently qualifies to be an offender of “genocide”. The government abets mass murder of the terrified minorities in riots. The Muslim even join the Muslim Munch, a wing of the Rashtriya Swayem Sevaksangh to evade persecution.

For their survival, they should emulate Christian minority to withstand persecution. Today, Christians live all across particularly in South India and the southern shore, the Konkan Coast, and Northeast India. Through sheer hard work, Indian Christians developed niches in all walks of Indian national life. They include former and current chief ministers, governors and chief election commissioners. To ruling Bharatya Janata party’s chagrin, Christians are the second most educated religious group in India after Jains. Christian women outnumber men among the various religious communities.

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