The Indian Panorama

Tag: Perspective Opinion EDITORIAL

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    Doctors Day

  • Four reasons the Sikhs are hurting. And it’s not about the K-word

    Four reasons the Sikhs are hurting. And it’s not about the K-word

    ‘Causes’ of anger are dera threat to Sikhism, incarceration of ‘Bandi Singhs’, inaction in sacrilege cases, & ‘if BJP-RSS want Hindu Rashtra, what’s wrong with Sikh Rashtra?’

    By Shekhar Gupta 

    There are two most important similarities between the mood in Punjab today and at the peak of the earlier crisis in the early 1980s. The first similarity is the good one. If you walk around Punjab and ask a random sample of Sikhs if they believe in creating a state separate from India — or what is loosely called Khalistan — the chances are that a very, very large majority will say no. It will be unanimous unless you run into an oddball.

    Many may even ask you to get your head examined. The fact is — although many in these new nationalist times elsewhere in the country might find it difficult to believe it — that’s how it was in the Bhindranwale era too.

    The second similarity is the tough one. You ask the very same people who laugh at the fantasy of a nation separate from India if they think Sikhs are victims of multiple, serious, and egregious injustices, and the answer — you’d be surprised from how many — will be yes. That’s precisely how it was in that past.

    The sense of injustice is, and was, righteous and deep. The line you heard then was the same as what you’d hear now: that the Sikhs are victims of dhakka or grave injustice.

    The ‘causes’ of the current anger and alienation are broadly four: sectarian deras (let’s say seminaries-cum-permanent congregations) as an existential threat to Sikhism, the continued incarceration of ‘Bandi Singhs’ (imprisoned Sikhs, as in the nine convicted on terror and assassination charges and held on long jail sentences). Third, that those guilty of sacrilege at Sikh shrines and for alleged desecration haven’t been caught or punished. And the fourth is a rhetorical one, that if the BJP and RSS say they’re building a Hindu Rashtra, what’s wrong with a Sikh Rashtra?

    Each one of these has nuances and arguments. And while I know it’s easy to respond to these with irritation and anger, it won’t serve any purpose. In fact, if we accept that there is a challenge in Punjab today, any realistic progress can only be made if the rest of the country, especially the government and the ruling party, engage with this sense of grievance. This is no call for appeasement. Just that debate and an open mind never hurt anybody.

    Two of these four, impunity for perpetrators of sacrilege, and deras, are to be read together. The larger fear, as in the 1980s, is that Sikhism is greatly threatened by ‘blasphemers’ pretending to be Sikh Gurus. In the past, the target was the Nirankari sect, now it is the heads of the deras. The first targeted attacks in the past were aimed at the leaders of the Nirankari sect, including its chief.

    Now the anger is with the various new babas who claim to be religious teachers but are seen by the devout Sikh as packaging themselves as modern-day Gurus. This is blasphemy in Sikhism. They are seen to dress and turn out like the Gurus and attract vast populations of Sikhs into their fold.

    The foremost of these is the rape/murder convict Gurmeet Ram Rahim Insan. The last three words of his name were added hurriedly as he faced heat from devout Sikhs for pretending to be a Guru. That’s why the suffixes of a Hindu and a Muslim name to assert a secular view, and Insan (human being) to deny any claim to divinity.

    On the ground, however, it makes no difference. His followers are increasing, his deras are being run as if he isn’t missing. And is he missing at all, in spite of his conviction and sentencing for rape and murder? These are the questions the Sikhs ask with a sense of hurt and anger.If he’s guilty of rape and murder, how does he seem to get more time out of jail on parole than inside? How does he get these long spells of parole as any election in the region, especially in Haryana, approaches? And so many political leaders, especially of the BJP, paying obeisance to him. The widespread belief among the Sikhs is that his followers were responsible for the incidents of ‘sacrilege’ and his political clout is the reason no government — Akalis, Congress, or AAP — has dared to catch and punish the guilty. He owns transferable vote banks.

    You want to know how strong this sentiment is, think about the recent lynchings — including one in the Golden Temple — of people caught by the devotees on mere suspicion of sacrilege. The once formidable Punjab Police have drawn as much of a blank in catching and punishing those guilty of these lynchings as in the earlier ‘sacrilege’ incidents. Of course, you haven’t seen any popular revulsion among devout Sikhs or the clergy at the lynchings.

    An added feature of the same insecurity that others are creeping in to convert Sikhs to other faiths and sects is the new wave of Christian evangelism. The most recent fight Amritpal Singh picked was with Christian pastors, who pushed back with protests. A lot of Sikhs, especially from the Scheduled Castes, patronize these new churches just like many more go to the deras. In each case, it is seen as a threat to traditional Sikhism. Just how popular these churches and pastors are becoming, you can read in this fine story by Chitleen Sethi. What triggers the Sikh conservatives even more is the fact that many of these pastors still dress in traditional Sikh attire.

    For any political party or coalition ruling Punjab, it would’ve been easier to handle these if the state, or more precisely its electorate, was as homogenous as many outsiders think it is. The state is a bit less than 60 per cent Sikh (2011 census). Among the Sikhs also, there are wide divisions. The most dominant and visible class and caste, Jatt Sikhs, make up barely 20 per cent of the total population. The state also, counterintuitively, has the largest percentage of Dalits of any state in the country, at almost 33 per cent. Or one in three. They are the ones among whom evangelists — whether of the deras or Christianity — find the most purchase. The third grievance, over what is called the ‘Bandi Singh’ issue, needs a close look. Again, we might all benefit from reading this story Chitleen had written explaining the problem.

    Briefly, however, this is about just nine prisoners, serving time for about 25-32 years after conviction on terror charges. Six of them were convicted for the assassination of then Punjab chief minister Beant Singh on 31 August, 1995. The remaining three were convicted for terror bombings.

    These include Beant Singh’s assassin Balwant Singh Rajoana, who told journalists outside a dental clinic where he had been taken for treatment that he doesn’t even want to be released. Among the bombers, the most prominent is Devinder Pal Singh Bhullar, convicted for the 11 September 1993 bombing in Delhi where the Congress’s Maninderjeet Singh Bitta survived, albeit with a battered body, and nine others died. His death sentence was commuted to life by the Supreme Court. A campaign has raged for more than a year now for their release.

    While it is true that even the Sikh clergy and the SGPC hailed Beant Singh’s assassins, and that the Akali Dal keeps fielding Rajoana’s sister as a candidate in elections, Sikhs you speak with won’t by and large go into whether what they did was right or wrong. They ask a more searching question.

    Rajiv Gandhi, they say, was assassinated at around the same time. His convicted assassins, serving life sentences, have been released on compassionate grounds. Why is this compassion reserved only for non-Sikhs? No political leader in Punjab has the intellect or spine to engage with the protesters on this. On the other hand, they’ve been trying to set the ‘Bandi Singh’ protesters against Amritpal Singh’s support base. That’s some political ‘genius’, isn’t it!

    The last point: If Modi, the BJP and the RSS can proudly say that India is a Hindu Rashtra, why can’t we have a Sikh nation? It will bring us back to the old point: the deep BJP/RSS belief that the Sikhs are Hindus who look different and follow one of the many ways of prayer and worship in Hinduism, so why should they complain. That’s a fundamental misreading, and serious errors of judgement flow from it. Muslims aren’t the only fellow Indians triggered by the talk of a Hindu Rashtra.
    (Republished from The Print, March 25, 2023 )
    (The author is Editor-in-Chief and Chairman, The Print)

  • Misplaced priorities

    Misplaced priorities

    The Congress leader erred, but it does not justify the stalling of Parliament

    The temple of democracy, Parliament, is locked down to satiate bruised egos. The people are deprived of their right to hear arguments advanced by proponents and opponents. Instead, an outrageous demand is made that their bête noir be banished from the Lok Sabha! That will mollify egos, but will it get Parliament to function?

    “It is true that he works 24×7, that he has achieved a lot, especially in the area of infrastructure development. But it is not correct for him, and his efficient propaganda machine, to constantly repeat that nothing was done or achieved before his arrival on the scene. The pace has certainly picked up since 2014, but the work had begun in 1947! If Modi had been presented with an India that existed in 1947, untouched by the Nehru-Gandhis, or other Prime Ministers who followed, he would not have accomplished what we now see in 2023. It is a work in progress and that work will certainly continue after his term.”

    By Julio Ribeiro

    Rahul Gandhi has been in the news. The ruling party, which has been entrusted with the job of running Parliament, did exactly the opposite all through last week. It did not permit Parliament to function over its demand for an apology from Rahul for his ‘anti-national’ speech during his recent visit to the UK. Rahul had made some uncalled-for remarks which he should not have made. They were provocative and unpardonable.

    No head of state rails against his political opponents when she or he travels on our soil. Why is it that Modi and Rahul indulge in such unbecoming talk overseas?

    It is easy to twist words that disparage you or the ideology you represent. It is sycophancy of the worst form to say that ‘Modi is India’, just as it had once been proclaimed that ‘Indira is India and India is Indira’. The Congress president in those days was a known sycophant. I cannot make the same accusation against the BJP’s president but I can say with all certitude that the BJP has the most effective, well-oiled propaganda machine that can make innocents believe the untruths it disseminates. Rahul gave the BJP’s propaganda cell a lot of ammunition to trouble him!

    Let us examine what Rahul said, where he said it and when. At Chatham House in London, where a local think-tank is headquartered, he said: ‘Democracy in India is a global, public good. It impacts way further than our boundaries. If Indian democracy collapses, in my view, democracy on the planet suffers a very serious, possibly fatal blow. So, it is important for us. We will deal with our problem, but you must be aware that this problem is going to play out on a global scale!’ But at Cambridge University and other fora, his utterances were childish. To say that Sikhs were being treated as second-class citizens by our government is not only incorrect, but also very, very dangerous!

    But can you find anything particularly anti-national about what he said? The Goebbelsian lie that was sought to be disseminated, that he appealed to foreign countries to intervene, is just simply what it was meant to be — a lie. Perhaps, he could have put it somewhat differently. His statements have been twisted to ensure that Parliament was immobilized. That is probably what the ruling party wanted — a relief from discussing contentious issues.

    Instead of talking about the Opposition’s woes in foreign lands, Rahul should concentrate on the recipe for success against a formidable opponent like Narendra Modi. He has to sit down and strategize for a victory at the hustings. His party has lost even the two northeastern states where earlier it had a major say for decades!

    The Bharat Jodo march was easily the best thing he had attempted. It opened up the possibility of dividends which, unfortunately, he failed to exploit. Of course, it is easier to talk about his travails at gatherings in Cambridge and assorted think-tanks in the UK than revitalize grassroots Congress cells. The BJP has been working on it for years. It now dominates the political scene. It will take more than Opposition unity to remove it from its pole position.

    Unless the BJP loses power, the travails of the leaders of other parties in the Opposition will continue to haunt them. They should not be surprised if the ED, the CBI or the taxman comes knocking. The BJP has rewritten the rules of the game. The Congress and the parties that preceded  it into office did not use Central agencies against political opponents as is being done today. Many known offenders cross over to the BJP to get off the radar of the investigative agencies. Since many politicians have their hands soiled, it will be the BJP that soon will be stacked with these ‘converted’ newcomers of uncertain integrity.

    It is interesting that the AAP has not lost any of its legislators or leaders to the BJP. Except the leftists, who are ideologically committed, most other parties have hemorrhaged. The Congress has parted with the biggest slice of ‘Gaya Rams’. With its coffers full and pliable Central agencies at its beck and call, the BJP today calls the shots. To its credit, it has worked hard and maintained an iron hold on its cadres. The ‘Aaya Rams’ may not hold out if and when it loses power in the distant future.

    But let us revert to the speeches of our political leaders when travelling abroad. Our PM leads the pack. At home, he never fails to denigrate the dynasty spawned by Jawaharlal Nehru. Does he do this abroad also? When he first travelled abroad as PM, it was reported in the media that he had disparaged those who preceded him in office! He never fails to tell the world that all the progress the country has made started only in 2014, the year he was installed as PM.

    It is true that he works 24×7, that he has achieved a lot, especially in the area of infrastructure development. But it is not correct for him, and his efficient propaganda machine, to constantly repeat that nothing was done or achieved before his arrival on the scene. The pace has certainly picked up since 2014, but the work had begun in 1947! If Modi had been presented with an India that existed in 1947, untouched by the Nehru-Gandhis, or other Prime Ministers who followed, he would not have accomplished what we now see in 2023. It is a work in progress and that work will certainly continue after his term.

    I have never heard a visiting head of state rail against his political opponents on our soil. Why is it that our PM and Rahul Gandhi indulge in such unbecoming talk when visiting foreign lands? It is peevish and undignified.

    To add insult to injury, the people of this nation suffer for no fault of theirs. The temple of democracy, Parliament, is locked down to satiate bruised egos. The people are deprived of their right to hear arguments advanced by proponents and opponents. Instead, an outrageous demand is made that their bête noir be banished from the Lok Sabha! That will mollify egos, but will it get Parliament to function?

    (The author is a former governor and a retired Indian Police Service officer)

  • Chilling effect: On defamation, free speech and the Rahul Gandhi case

    Congress leader Rahul Gandhi’s conviction and jail term flags need to abolish criminal defamation

    The rigors of the law and the tribulations of politics have come together to bedevil Congress leader Rahul Gandhi. An election-time jibe he had made in 2019 — ‘how come all of these thieves have Modi in their names?’ — has been declared by a court in Surat to be defamatory. Mr. Gandhi has been sentenced to two years in prison, the maximum sentence for criminal defamation, and disqualified from his membership in the Lok Sabha. Both the conviction and sentence raise legal questions. Does the remark amount to defaming anyone in particular, or to people with the surname ‘Modi’ as a group? Case law indicates that the expression ‘collection of persons’ used in Section 499 of the IPC, with reference to those who can be defamed, has to be an identifiable class or group and that the particular member who initiates criminal proceedings for defamation must demonstrate personal harm or injury by the alleged defamatory statement. It is difficult to sustain the argument that all those with the surname, and not merely the three individuals including Prime Minister Narendra Modi who were referred to, can be aggrieved persons. Also, it is not clear if the complainant, BJP MLA Purnesh Modi, had shown that he was aggrieved by the alleged slur either personally or as a member of the ‘Modi’ group.

    The maximum sentence is also troubling. Statutes prescribe maximum jail terms so that trial courts use their discretion to award punishments in proportion to the gravity of the crime. It is questionable whether attacking an indeterminate set of people with a general remark will amount to defamation, and even if it did, whether it is so grave as to warrant the maximum sentence. The correctness of the judgment will be decided on appeal, but the political cost to Mr. Gandhi in the form of disqualification from the House and from electoral contest will have a lasting impact, unless he obtains a stay on the conviction rather than mere suspension of sentence. In a country that often frets over criminalization of politics, corruption and hate speeches, it is ironic that criminal defamation should overwhelm the political career of a prominent leader. A modern democracy should not treat defamation as a criminal offence at all. It is a legacy of an era in which questioning authority was considered a grave crime. In contemporary times, criminal defamation mainly acts as a tool to suppress criticism of public servants and corporate misdeeds. In 2016, the Supreme Court upheld criminal defamation without adequate regard to the chilling effect it has on free speech, and to that, one must now add, political opposition and dissent. Opposition parties expressing dismay at the verdict against Mr. Gandhi should include abolishing criminal defamation in their agenda.

    (The Hindu)

  • No to sealed cover

    Apex court advocates transparency and fairness

    The Supreme Court’s refusal to accept the Centre’s sealed note about its views on One Rank, One Pension arrears follows a similar rejection of a sealed envelope that contained the government’s report on suggestions about an expert panel regarding the Hindenburg row. Former Chief Justice of India (CJI) Ramana was critical of the sealed-cover practice, and now the disapproval by CJI Chandrachud marks a welcome step forward. Though the apex court itself gave legitimacy to the practice over the years, there appears to be a shift in the stance, for it undermines the cause of transparency and fairness in the judicial process. There’s a need to put an end to this as it makes the process of adjudication opaque and vague, setting a dangerous precedent, a Bench stated recently.

    Sealed covers have been accepted by courts in cases involving departmental inquiries, sexual assault, sharing of state secrets, personal liberty and terrorism. Based on the principle of confidentiality, the submission of information without making it available to the parties involved in the case or the public, however, has been a matter of debate. A sealed cover, it has been argued, is relevant only when state privilege is claimed, but the bar to claim it has to be set high. Selective censoring of information can amount to violating the right to a fair trial. The practice of sealed covers has drawn criticism for often being used when the government feels uncomfortable about revealing its views or information. An oral observation in the apex court addressed the concerns by noting that the measure of non-disclosure of sensitive information in exceptional circumstances must be proportionate to the purpose the non-disclosure seeks to serve.For cases of a sensitive nature, in-camera proceedings are always an option. The other side not knowing what has been shown to the court would not conform to the principle of fair play and justice.

    (Tribune, India)

  • China’s growing influence

    China’s growing influence

    China is playing a notable role in developments across the Indo-Pacific and the Gulf

    “China is now playing a notable role in developments across the Indo-Pacific. It has undermined US influence in the Gulf Region by getting Saudi Arabia and Iran to re-establish diplomatic relations. Moreover, with Russia flexing its muscles and expanding its influence by using its vast energy resources, Washington has been forced to acknowledge the reality that even friendly democracies like India will not join its boycott of Russia, especially when its energy interests are at stake. Both the US and India, however, have a shared interest in dealing with the growing Chinese maritime and economic power across the Indo-Pacific Region.”

    By G Parthasarathy

    As an assertive and re-elected Xi Jinping flexes his muscles to challenge the predominance of US power across Asia, and globally, India will have to strengthen its defenses along its borders with China. The recent Chinese intrusion in Arunachal Pradesh and its earlier intrusions in Ladakh now require strong attention across and beyond our land and maritime frontiers. There is a need for particular focus on Chinese moves in the Indian Ocean. It also needs to be borne in mind that the Biden administration has made a mess of US policies in the oil-rich Persian Gulf. Washington has ineptly and insensitively dealt with its vital relations with Saudi Arabia, amidst its continuing hostile relations with Iran. Beijing has, meanwhile, fostered a rapprochement between Saudi Arabia and Iran. Building on its ties with Sri Lanka, India must take steps to promote rupee payments in trade, travel and investment.

    China is now playing a notable role in developments across the Indo-Pacific. It has undermined US influence in the Gulf Region by getting Saudi Arabia and Iran to re-establish diplomatic relations. Moreover, with Russia flexing its muscles and expanding its influence by using its vast energy resources, Washington has been forced to acknowledge the reality that even friendly democracies like India will not join its boycott of Russia, especially when its energy interests are at stake. Both the US and India, however, have a shared interest in dealing with the growing Chinese maritime and economic power across the Indo-Pacific Region. In these complex circumstances, India has maneuvered skillfully in dealing with two important South Asian neighbors, Pakistan and Sri Lanka, whose close ties with China have obvious implications for India’s security.

    The Sino-Pakistan relationship is primarily directed against India. It is a relationship which includes arms transfers, both conventional and nuclear. Pakistan’s nuclear weapons and ballistic missiles that can target Indian territory from New Delhi to the Andaman and Nicobar Islands are of Chinese design.

    Sri Lanka’s suspicions of India were accentuated during the Sinhala-Tamil ethnic conflict in the 1980s, when there were strong apprehensions of India’s links with the LTTE. Indians sometimes tend to forget that the ethnic conflict was confined to northern Sri Lanka, where Tamils lived for centuries. It did not involve the ‘plantation Tamils’ living in the country’s South. Southern Tamils in Colombo are full of praise for PM Modi after they met him during his visit to Sri Lanka.

    Sri Lanka is going through an acute economic crisis, akin to what Pakistan is facing. The virtually bankrupt Colombo government was overwhelmed when Modi announced that India would contribute $4 billion to enable Sri Lanka to tide over its foreign exchange problems in imports of crucial items like fuel, oil and medicines. China stepped in rather late in the day, with a meagre pledge of $1 billion. The Export-Import Bank of China has offered Sri Lanka a two-year moratorium on debt repayments and said it would support the country’s efforts to secure a $2.9 billion loan from the IMF. But in real terms, China has done little to reduce the debt burden it has foisted on Sri Lanka.

    What is important is that China has led Sri Lanka, like many other nations, into a debt trap. This situation arose primarily because of Sri Lankan borrowings for China’s construction of a number of projects in Sri Lanka, led by the Hambantota Port on its southern shores. There was a reckless disregard of the port’s financial viability. The port is located in the constituency of former President Mahinda Rajapaksa. Beijing now has a free run at the port for berthing its warships and submarines moving across the Indian Ocean. New Delhi has responded strongly to the Chinese presence at the port, through which large amounts of goods, including sensitive equipment for India, transit. The Adani Group has, meanwhile, secured separate port facilities designated as West Container Terminal for transit of all imports and exports by India, with a reported investment of around $700 million. Amidst growing public anger against former President Gotabaya Rajapaksa and the entire Rajapaksa family, Sri Lanka’s Parliament endorsed the appointment of veteran politician Ranil Wickremesinghe as the new President last year. He has moved carefully and effectively in dealing with the virtual collapse of the Sri Lankan economy. There has also been fulsome praise for India’s External Affairs Minister and Finance Minister for swiftly delivering assistance.

    Talking to Sri Lankan friends during a recent visit to Colombo, I was struck by the goodwill that India has earned in Sri Lanka in recent days. This must be complemented by moving ahead on a number of issues. As devout Buddhists, the Sinhala population seeks better facilities for pilgrimages to Bodh Gaya. It is imperative to improve train services for the pilgrims, while jointly examining measures for improvement of facilities for their stay in India. A number of measures are needed to promote rupee payments in trade, travel and investment. The Talaimannar-Rameshwaram ferry needs to be revived for facilitating travel.

    Most importantly, new economic opportunities are set to arise as the Trincomalee Port becomes functional in the coming months. New Delhi and Colombo need to move imaginatively in encouraging and promoting private sector investment from India in this region of the Bay of Bengal. There are also large opportunities for private investment and cooperation in areas like airports, hospitality and higher education, even as India’s High Commissioner Gopal Baglay prepares to complete a difficult, eventful and successful tenure in Colombo.
    (The author is Chancellor, Jammu Central University & former High Commissioner to Pakistan)

  • Oscars won, Indian cinema poised for greater glory

    Oscars won, Indian cinema poised for greater glory

    Naysayers are likely to attribute reasons other than quality to India’s ascent on the Oscars stage. That we are not only a huge movie-producing country but also a voracious entertainment-consuming one is often attributed as the trigger behind our growing eminence. That this is why Hollywood ropes in our big stars in its films and, now, series too, is not a statement but almost an aspersion. In Netflix looking for new markets, too, we can sense a plan behind the India push.

    By Nonika Singh

    India shines at the Oscars — the words seem surreal. In a dream-come-true moment as India has picked up not one but two Oscars (Best Original Song and Best Documentary Short) out of three nominations, it’s not just the makers of RRR and The Elephant Whisperers who stand proud. The electrifying feeling of joy in sync with the infectious beats of Naatu Naatu, composed by MM Keeravani, has spread across the country and the whisper is loud and clear — India can do it.

    RRR roars once again and Guneet Monga, producer of the Kartiki Gonsalves-directed The Elephant Whisperers, beams, “We as two women from India stood on that global stage making this historical win! 1.4 billion Indians, this is for you. We’ve all manifested this together.”

    Indeed, magical! How and why? Before we answer that, the more important question is why India, one of the largest film producers in the world, couldn’t crack the code earlier.

    Year after year, we have lamented over why India can’t win an Oscar and reams have been written about our dismal (near blank) record at the prestigious Academy Awards, often considered the hallmark of excellence and gold standard of recognition. Experts have time and again rued that if countries like Iran and South Korea can take home Oscars, what stops India, where there is no dearth of quality cinema. If India-centric films such as Life of Pi, the survival saga of an Indian boy, could win its director Ang Lee the coveted Best Director statuette, why can’t our storytellers get it right?

    Often, the blame has been laid at the door of our official selections. This year, too, much hue and cry was made when Pan Nalin’s acclaimed film Last Film Show was chosen as India’s official entry to the Oscars. Objections were raised by certain sections to the film, which, after making it to the shortlist, fell out of the race. In fact, similar has been the fate of our entries each year, leaving us to draw comfort in the few that have come our way.

    Costume designer Bhanu Athaiya, composer AR Rahman, lyricist Gulzar, sound engineer Resul Pookutty and legendary filmmaker Satyajit Ray, who received an honorary award, are part of the select Oscar club.

    But what makes this year’s win truly delicious is that, for once, Oscars are for Indian films by Indian production houses. So far, our Oscar victories have been limited to India-centric films by foreign producers and directors. If back in time, it was Richard Attenborough’s Gandhi that fetched costume designer Bhanu Athaiya an Oscar, making her the first Indian to get it, Danny Boyle’s Slumdog Millionaire gave us the chance to chorus Jai Ho. But Naatu Naatu gives us a greater reason to rejoice and break into a hook step that has the world hooked in pure frenzy. In fact, the world has been dancing to the tunes of the ebullient Telugu song for quite some time now.

    Prior to its Oscar win, SS Rajamouli’s blockbuster RRR picked up the Golden Globe award for Best Original Song, too. The resounding success of the song is not hard to decode. From lilting lyrics to its catchy beats and dance steps and the way it has been picturized, all elements tick the right boxes. What is even sweeter is that it puts to rest all skepticism about India’s naach-gaana brand of cinema and proves that music and dance are our USP, not Achilles’ heel.

    But, does the twin Oscar victory mean India has arrived on the world map of cinema? Judging by the standing ovation that the Naatu Naatu performance by its singers Rahul Sipligunj and Kaala Bhairava got at the 95th Academy Awards, one is tempted to say yes. The Elephant Whisperers’ maiden victory for India in the Documentary Short Subject category, too, makes us nod emphatically.

    Of course, naysayers are likely to attribute reasons other than quality to India’s ascent on the Oscars stage. The fact that we are not only a huge movie-producing country but also a voracious entertainment-consuming one is often attributed as the trigger behind our growing eminence. That this is why Hollywood ropes in our big stars in its films and, now, series too, is not a statement but almost an aspersion. In Netflix, a major OTT player, looking for new markets, too, we can sense a plan and method behind the India push.

    Add to it the fact that diversity and inclusivity have been pushed to the forefront in Hollywood for quite some time now. More than one Oscar ceremony has created history. In 2020, South Korean film Parasite became the first foreign language film to win the Best Picture Award at the Oscars, thus breaking the “one-inch-tall barrier of subtitles.” Take this year’s Best Film Award-winning Everything Everywhere All At Once. The Best Actress trophy for its lead actress Michelle Yeoh makes her the first woman of Asian descent to win the award. Clearly, India could not have been ignored for too long. RRR makers have been making the right kind of noises ever since the film figured in the Oscar nomination list. Let’s admit it — winning an Oscar is as much a marketing strategy, perhaps popular appeal too, as it is a litmus test of excellence.

    Of course, the tumultuous response that RRR has generated overseas can’t be orchestrated through a media blitzkrieg alone. India might still be far from winning the best film in even the International Feature category, let alone the overall one. The closest we have come are Lagaan, Salaam Bombay and Mother India making it to the prestigious final-five list of nominees.

    Thus, there is no discounting the history we have created this year. It is more than heartening that Naatu Naatu beat top contenders like Rihanna’s Lift Me Up from Black Panther: Wakanda Forever and Lady Gaga’s Hold My Hand from Top Gun: Maverick among other nominees and The Elephant Whisperers defeated acclaimed competitors like Jay Rosenblatt’s How Do You Measure A Year? To borrow from the words of Michelle Yeoh, the new tidings at the Academy Awards “is indeed a beacon of hope and possibilities” and, as our very own star of RRR, Jr NTR, said, “It’s only a beginning.” On the red (sorry, champagne) carpet, his co-star Ram Charan remarked, “We are not just coming as ourselves but we are coming as India today.”

    So, watch out, world, here we come! With our diversity, cultural specificity and inclusivity intact.
    (The author is an Assistant Editor of The Tribune, Chandigarh)

  • Banks Are Failing: Is My Money Safe?

    Banks Are Failing: Is My Money Safe?

    Most investments – but not all – are protected by a web of insurance

    Rising interest rates can be harmful to bank earnings. Silicon Valley Bank had a large portfolio of mortgage-backed securities with very low yields. As the Federal Reserve pushed interest rates up, those securities lost value. And as depositors demanded their money back, the bank had to sell those securities at a loss.

    By John Waggoner John Waggoner

    Recessions don’t always follow bank collapses, but the recent failures of Silicon Valley Bank and Signature Bank have pushed recession fears up a few notches. For retirees, this means added worry about the safety of their money. With that in mind, let’s take some time and review the financial safety nets you have — and those you may not. Before the creation of the Federal Deposit Insurance Corporation (FDIC) in 1933, depositors often got back only pennies on the dollar — if that — when a bank failed. Today the FDIC insures most bank deposits up to $250,000. If you have more than $250,000, you can get the additional funds covered by opening an account at a different bank, or by opening a different type of account, such as an individual retirement account (IRA), at the same bank. You can find out how much of your deposits are insured through the FDIC’s Electronic Deposit Insurance Estimator.

    The banking industry funds the FDIC via insurance premiums, which go into the Deposit Insurance Fund (DIF), whose assets are equal to about 1.3 percent of insured deposits. The FDIC also has a $100 billion line of credit with the U.S. Treasury in case losses exceed the DIF’s assets.

    Of course, banks aren’t the only financial institutions in the world. Here are some answers to common questions about the protections you have — or don’t — in case of financial disasters. How shaky is the banking sector? It’s always a bit hard to tell: Banks can carry bad loans on their books for months before selling them off, and it takes a while for good loans to go bad in the first place. A spate of bad loans may not show up in a bank’s earnings until well after they have gone bad. Rising interest rates can be harmful to bank earnings. Silicon Valley Bank had a large portfolio of mortgage-backed securities with very low yields. As the Federal Reserve pushed interest rates up, those securities lost value. And as depositors demanded their money back, the bank had to sell those securities at a loss.

    Wall Street has slashed the stock prices of many regional banks. In the past 30 days, financial stocks have fallen about 12 percent and regional bank stocks have tumbled 31 percent through March 14, according to Morningstar, the Chicago investment trackers.

    At least so far, the banks’ problems seem fairly limited. The Federal Reserve Bank of New York noted in November that the banking system is well capitalized, meaning that most banks have enough reserves to weather a downturn. S&P Global Ratings noted that it has “not seen evidence that unmanageable deposit outflows experienced at a few banks have widely spread across rated banks.”

    Some questions answered.

    Are there uninsured banks? Yes. You can check to see if your bank is covered by the FDIC by calling the agency’s toll-free number (877-275-3342) or using its online tool. In the rare instance that your bank is uninsured, you should consider moving your money to an insured institution.

    Are savings and loan associations insured by the FDIC? Yes. Savings and loan associations (S&Ls) went through a near-death experience in the 1980s and were insured by the Federal Savings and Loan Insurance Corporation. S&Ls are now fully covered by the FDIC, with the same insurance levels as

    Are credit unions insured by the FDIC? No. They are insured by the National Credit Union Share Insurance Fund at the same level (up to $250,000 in deposits) as FDIC coverage.

    Is my safe deposit box federally insured? No. The contents of your safe deposit boxes are not insured by the FDIC for theft or damage, and they are typically not insured by banks. You can, however, buy private insurance for safe deposit boxes.

    Are people who invest directly in a bank insured? No. If you buy a bank’s stock, you’re not protected in a failure. Bonds are loans, however, and if you own a failed bank’s bonds, you may recover some of your investment in court.

    Is my brokerage account federally insured? No. Most brokerages are insured by the Securities Investor Protection Corporation (SIPC) for up to $500,000 if their brokerage fails. SIPC insurance includes up to $250,000 in protection for cash in your account.

    SIPC does not protect you against market losses, nor does it protect you against shysters who sell worthless securities. If a brokerage fails and you discover that some of your holdings are missing, SIPC works to replace those holdings at the current market price, which is not necessarily the same as their price when the brokerage failed.

    SIPC doesn’t handle quarrels between you and your broker. That’s the domain of the Financial Industry Regulatory Authority (FINRA), the U.S. Securities and Exchange Commission or your state securities regulator.

    Is my retirement account federally insured? It depends on how the money in your account is invested.

    If an individual retirement account (IRA) or a 401(k) plan includes deposit accounts such as CDs and money markets held at an FDIC-covered bank, that money is insured up to $250,000 per bank.

    However, most retirement accounts are made up of investment assets such as stocks, bonds and mutual funds, which the FDIC does not cover. As with standard brokerage accounts, those investments may have SIPC protection, with the limits noted above.

    Is my life insurance federally insured? No. Life insurance is insured by state guaranty funds, which cover life insurance policies and annuities if the insurer goes out of business. Laws vary by state, but most offer at least $300,000 in life insurance death benefits and long-term care policies. Annuities are covered up to $250,000.

    State guaranty pools are funded by the companies that sell policies in that state. You can find your state guaranty association through the National Organization of Life and Health Insurance Guaranty Associations.

    Is my cryptocurrency federally insured? No. If your crypto gets stolen, there’s no FDIC, credit card issuer or bank to make you whole. Your money is gone.

    (John Waggoner covers all things financial for AARP, from budgeting and taxes to retirement planning and Social Security. Previously he was a reporter for Kiplinger’s Personal Finance and  USA Today.)

    (Source: AARP)

  • US banking crisis: Lapses in regulatory oversight led to the collapse

    The US authorities are scrambling to protect depositors’ money after the back-to-back collapse of Silicon Valley Bank (SVB), Silvergate Capital Corporation and Signature Bank, which were major lenders to the crypto sector and tech startups. In a desperate bid to affirm the stability and credibility of the American banking system, the Joe Biden administration has granted SVB customers access to their money. Depositors of Signature Bank, which was closed on Sunday by the New York state financial regulator, have been promised compensation ‘at no loss to the taxpayer’. Silvergate has said that it would be winding down operations and liquidating its bank.

    SVB was among the top 20 American commercial banks till last year. It is the largest bank to be shut in the US since the 2008 financial meltdown, whose prime casualties included Washington Mutual and the Lehman Brothers’ global investment bank. A link between them has surfaced: SVB’s Chief Administrative Officer Joseph Gentile had worked with Lehman Brothers as Chief Financial Officer until he quit in 2007, a year before the 158-year-old giant went bankrupt, nearly bringing down the global financial system.

    President Biden has stated that he is ‘firmly committed to holding those responsible for this mess fully accountable and to continuing our efforts to strengthen oversight of larger banks so that we are not in this position again.’ It is evident that lapses in regulation — coupled with an aggressive, risk-prone monetary policy aimed at taming inflation — brought things to such a pass. The writing was on the wall, but it was ignored. Short-seller William C Martin, former manager of a now-closed hedge fund, had already warned in January that SVB would blow up sooner rather than later. The fiasco holds a bitter lesson for US regulators and stakeholders: set your own house in order before losing sleep over smaller yet fast-growing economies. The key takeaway for India, which was rocked by the Punjab National Bank scam in 2018, is that no one can afford to ignore the warning signs. The regulatory system needs to be proactive rather than reactive to prevent a financial bloodbath and ensure the safety of people’s deposits.

    (Tribune, India)

     

  • Dangerous maneuvering: On the Black Sea encounter and the risks posed by the Ukraine war

    The United States should find stability in ties with Russia to help end Ukraine war

    The high-altitude maneuvering between two Russian fighter jets and an American drone over the Black Sea, which resulted in the splashing down of the U.S. MQ-9 Reaper drone on Tuesday, March 16  morning, has underscored the dangerous risks of the Ukraine war. In conflicting narratives about the incident, the Pentagon says the Russian Su-27s intercepted the surveillance drone in international airspace, dumping fuel on the drone, colliding with it and forcing it down. But the Russian Defense Ministry said its jets were scrambled after a U.S. drone violated its “temporary airspace” off the Crimean peninsula (declared for its war in Ukraine) and that the American aerial vehicle “lost altitude” in “sharp maneuvering”. The MQ-9 recorded the incident. The video has been declassified and would help establish the truth. But whatever the reason, the fact that the U.S. lost a drone in the Black Sea, where it does not even have a naval presence, is a grave reminder of how close the nuclear powers have come to a conflict. While both sides have responded with maturity, the underlying situation that triggered this crisis remains unchanged.

    The U.S. has provided over $30 billion in military assistance, including advanced defensive and offensive weapons, to Ukraine since the Russian invasion began, and imposed tough sanctions on Moscow. Washington says it is not directly involved in the war but is helping Ukraine defend its territories, while Russia alleges that the “collective West” is seeking to destroy it. As the war drags on, with Russia’s failure to take a quick victory, the relationship between Washington and Moscow has broken down. Last month, Russia suspended its participation in the New START nuclear arms control treaty, the last of the Cold War-era weapons control mechanisms between the two countries. Steadily deepening mutual distrust amid an ongoing conflict is a perfect recipe for disaster in great power rivalries. Even if the Biden administration has clearly ruled out a direct conflict with Russia, irresponsible and high-risk maneuvering or even accidents could lead to, as the Pentagon said, “miscalculation and unintended escalation”. The U.S. and Russia already have a deconfliction hotline to avoid mid-air collisions in different theatres where they operate. They should use that mechanism around Ukraine as well to avoid a repeat of incidents such as the Black Sea one. But a bigger challenge is to arrest the deterioration of their bilateral ties, which is now reminiscent of the bilateral hostility of the first two decades of the Cold War. If the U.S. and Russia address this problem and find some stability between themselves, it would help them bring the war in Ukraine to an end.

    (The Hindu)

  • Chip pact with US: Boost to larger role for India in global supply chain

    From being a battle of corporate giants, the incredibly costly, complex and high-stakes business of making semiconductor chips has assumed the form of a geopolitical weapon. As governments respond to national security concerns brought out starkly by pandemic-era shortages and shifts in the global supply chain, India, too, has been paying more attention to ratchet up its nascent semiconductor industry with production-linked incentives. Last year, Foxconn, the Taiwanese firm that assembles Apple’s iPhones, and mining company Vedanta teamed up to build a chip-making facility in Gujarat. The memorandum of understanding with the US on information-sharing on the semiconductor policy, commercial avenues and innovation is a boost for India’s goal to have a larger role in the electronics supply chain. Leveraging complementary strengths would work to the advantage of both countries.

    The Biden administration has been proactive in pursuing a policy shift to end the heavy reliance on China and Taiwan for critical technological components. Expanding cooperation in advanced weaponry, supercomputing, semiconductors and other high-tech fields with India could be a part of its plan of ‘friendshoring’ or shifting the manufacturing of certain critical components to friendly countries. It’s an opportunity not to be missed. New Delhi’s central focus has to be on powering growth through collaborative energy and strategic alliances. Going forward, that would mean asking the US to ease restrictions on transferring defense-related and cutting-edge technology.

    India would be circumspect of the voices sounding a note of caution to avoid falling into a trap of entering restrictive economic trade blocs. These apprehensions could be a false alarm since many of the Indo-US technology partnerships would hinge on new connections in the private sector, and nothing more. The India-US Commercial Dialogue’s common goals include increasing supply chain resilience, enhancing energy security and reducing overall greenhouse gas emissions. Investment in emerging technology should be welcomed.

    (Tribune, India)

     

  • Xi tightens grip

    • India needs to be wary of Chinese President’s absolute power

    In an inevitable outcome, Xi Jinping has been ‘unanimously elected’ Chinese President for a historic third term. This makes him the country’s longest-serving leader since the Chinese republic’s founding father Mao Zedong and paves the way for his lifelong rule. Around 3,000 members of China’s parliament, the National People’s Congress, voted for him in an apology for an election that had no other candidate. Xi has also been re-elected Chairman of the Central Military Commission, thus ensuring his continuation as the head of the People’s Liberation Army, the largest military in the world.

    Xi has consolidated his hold on China amid increasingly strained relations with the US and the West over Taiwan and the Ukraine war and far-from-friendly ties with India in the backdrop of the lingering Ladakh standoff. The 7.2 per cent hike in the military budget makes it obvious that there will be no let-up in China’s muscle-flexing, even as the world’s second-largest economy faces the uphill task of making a robust recovery from the upheaval caused by the draconian zero-Covid policy in the past three years. Striking a balance between military augmentation and economic revival will be a major challenge for the Chinese President.

    India needs to be wary of Xi’s absolute power. The latest report by the US intelligence community states that China will continue its efforts to achieve his vision of making the country emerge as a ‘major power’ globally by undermining US influence. Xi is keen on ‘the great rejuvenation of the Chinese nation’ by 2049, the centenary year of the people’s republic. The two neighbors have held a series of talks in recent years in connection with the border stalemate, but China has not done enough to reduce the trust deficit as well as hostilities. With Xi more firmly in the saddle, China won’t hesitate from making provocative moves in retaliation for the growing closeness between India and the US. While keeping all communication channels open, New Delhi needs to be well prepared — militarily as well as diplomatically — for any eventuality.

    (Tribune, India)

  • State Must Revise Affordable Housing Proposal

    State Must Revise Affordable Housing Proposal

    As an elected official and a fellow Democrat, I urge New York State Governor Kathy Hochul and our state representatives not to adopt the housing proposal in its current form as part of the forthcoming state budget.

    One of the most amazing things about New York State is the diverse options of places to live, including rural towns, suburban bedroom communities, bustling metropolitan areas and everything in between. As a result of this diversity, communities across our state are presented with different and unique challenges.

    On Long Island, we face a unique issue of living on top of our drinking water, and the threat of saltwater intrusion caused by overdrawing from our single-source aquifer something we must always be vigilant about preventing. We must also be especially cognizant of traffic problems. Anyone traveling, especially at rush hour, knows how congested our roadways have become – and sometimes, it has taken me 40 minutes to travel from Mineola to Glen Cove. And last but certainly not least, many of our schools face budget concerns and overcrowding and would struggle to take on more students.

    Local governments are very well attuned to the specific needs and challenges facing the communities they serve. Unfortunately, the Governor’s current proposal would undermine local control by establishing minimum benchmarks for affordable housing growth – and creating a mechanism by which developers can do an end-run around local zoning if those benchmarks are not met. To have the state come in and impose a one-size-fits-all mandate is, in my opinion, truly irresponsible and counterproductive.

    Much like bail reform in previous years, the crucial issue of affordable housing is being linked to the Governor’s budget proposal, placing undue duress on state representatives to make an all-or-nothing vote for or against the entire budget. I once again implore our state officials to hear the voices of local community leaders, environmental experts, first responders and their partners in government to oppose the proposal in its current form.

    Let’s instead go back to the drawing board, take away the threats of state mandates, and work more closely with local towns, counties, villages, and cities to identify community-driven opportunities to incentivize revitalization, smart growth, and new transit-oriented development that will carry us all toward a more prosperous future.
    (Delia DeRiggi-Whitton, of Glen Cove, a Nassau County legislator representing the 11th District, is the ranking member of the Legislature’s Committee on Health & Social Services)

  • Media raids and breaking the silence on press freedom

    Media raids and breaking the silence on press freedom

    “The Supreme Court needs to revive and apply the doctrine of “effect and consequence” to consider a broader canvas of executive actions that will shape the practices of our criminal courts. For instance, in the BBC case, a relevant fact for a court to determine is not limited to allegations of tax evasion but whether the scrutiny is prompted by a documentary that is critical of the Prime Minister. Today, for a free and fair press, not only journalists but even our courts need to act without fear or favor.”

    By Apar Gupta

    On February 14, 2023, the Income Tax Department carried out a “survey action” on the offices of the British Broadcasting Corporation (BBC) in New Delhi and Mumbai. After continuing this survey for three days, a press release was issued by the Central Board of Direct Taxes (CBDT) citing an alleged evasion of taxes on remittances and discrepancies in BBC’s transfer pricing mechanism. Many media organizations such as the Press Club of India have described the raids as “deeply unfortunate”; the Editors Guild termed them as “intimidation”. Even those who may favor the tax survey will confess that the tax scrutiny is a natural outcome of the BBC’s two-part documentary series, “India: The Modi Question”, which the BBC released on January 17, 2023. In an emergency secret order issued by the Ministry of Electronics and Information Technology, the documentary’s web links were blocked on January 20, 2023. The timing and nature of the events points to something being rotten in the state of Denmark.

    Chilling message
    At the root of these “survey actions” is an attempt to instill fear and self-censorship that begins with knocking on the doors of the offices of journalists. Today, these actions have become sinister as they now involve the seizure of devices. Hence, an unpleasant surprise turns into severe shock when journalists, as in the case of the BBC, are treated as potential criminals.

    The CBDT press release gives us clues when it states that “crucial evidences by way of statement of employees, digital evidences and documents” were gathered. There are more pointers such as the one provided by the BBC which said that on February 19, 2023, “journalists’ computers were searched, their phones were intercepted and information was sought from them about their working methods”. Even if the case of the CBDT is perceived as legitimate, it would at its very best be limited to an accounting and financial investigation. Without any clear and compelling reasons to extend a digital dragnet on working journalists, this is what can be defined as a fishing expedition. It becomes important here to consider the wider trend of the extraction of sensitive data from journalists by using the tax and police departments across India.

    Since 2018, there have been at least 10 reported instances of device searches that impact press freedom. Beginning with the Quint, they have gone on to include the proprietors and senior editors of publications such as Alt News, Bharat Samachar, Dainik Bhaskar, NewsClick, The Wire, the Independent and Public-Spirited Media Foundation (IPMSF) and journalists such as Fahad Shah, Rupesh Kumar Singh and Siddique Kappan. This anecdotal list presents an incomplete data set as the Union government has stoutly defended its inability to keep count.

    Half truth in the executive response
    In a parliamentary response dated August 10, 2022, the Ministry of Home Affairs has stated that since “police” and, “law and order”, are topics within the competence of State governments, it cannot “centrally maintain” device seizures of journalists. This is a half truth for two reasons. The first is that the Crime in India report queries data from State governments and can easily be extended to include data on device seizures of journalists. Second, many of the searches and seizures have been performed by central agencies such as the Income-Tax Department and such a record can be maintained and published by the Ministry of Finance. Such institutional evasion only increases suspicion about the bona fides of prosecutions and also represents a lack of intent for any studied consideration by the executive, particularly the Union government. It also unearths a myopic, yet widely held, belief that protection of freedom of speech, especially its most critical voices, is a democratic duty limited to the courts. Here, the popular view of trial courts as a bulwark against threats to our constitutional rights is rhetorical to legal academics and trial court practitioners who honestly assess their role. Their underlying institutional cultures are what lawyer Abhinav Sekhri terms as “rooted in the avowed colonial mentality of maximizing state interests while depriving any semblance of protection to the accused persons”.

    This analysis has been dealt with in a paper that specifically looks at powers to unlock smartphones, drawing from the Code of Criminal Procedure, 1973 — the procedural law to govern criminal cases in India. It indicates that specific legal provisions provide for unfettered discretion to police officers apart from a carceral spirit that resides within our criminal justice system, deeply ingrained and practiced for decades. This results in outcomes where criminal courts rarely check the police for their investigatory practices and evidence collection.

    It is here that one may find an answer to the questionable legality of the CBDT’s “survey action”, as pointed out by tax experts such as Deepak Joshi. Without any fear of sanction, or checks on their powers, investigating officers in a “survey action” will freely conduct a more invasive, “search and seizure”. Oblivious to the limitations and spirit of the text in the Income Tax Act, 1961, abuses will only increase given the perceptible political interests and the impossibility for any real sanction.

    A way out
    In the absence of such checks and balances and also the unlikely event of systemic reforms, what is the role that constitutional courts play? Here, there is adequate room for the application and development of doctrines for press freedom. The first cluster requires the application of the fundamental right to privacy drawn from the Supreme Court’s judgment in K.S. Puttaswamy vs Union of India (2017). More than five years since the judgment was first pronounced, its application to the criminal justice system here is awaited in cases of electronic evidence. Resurrecting the D.K. Basu guidelines as relevant for a digital India may also be a way out. Stricter procedural safeguards are required today due to digitization, as the Supreme Court of the United States noted in Riley vs State of California. It said: “Cell phones differ in both a quantitative and a qualitative sense from other objects that might be kept on an arrestee’s person.”

    Such guidelines will only provide partial relief. It will require case specific and clear pronouncements on facts that consider how legal processes are abused in the device seizures of journalists. This recent trend is an adaptation of an old template where a muscular executive sidesteps a direct response to a critical article and in bad faith directs legal scrutiny on the publication itself. Such mischievous government actions have been considered by the Supreme Court in several press freedom cases, leading to the partial expansion of the “direct and inevitable” to the “effect and consequence” test. However, as jurist Rajeev Dhawan observed in 1986, “the partial attention paid to the operational and institutional needs of the press… seems to have died out”. There has indeed been a long and tragic silence on press freedom over decades.

    The Supreme Court needs to revive and apply the doctrine of “effect and consequence” to consider a broader canvas of executive actions that will shape the practices of our criminal courts. For instance, in the BBC case, a relevant fact for a court to determine is not limited to allegations of tax evasion but whether the scrutiny is prompted by a documentary that is critical of the Prime Minister. Today, for a free and fair press, not only journalists but even our courts need to act without fear or favor.

    (The author is the Co-founder and Executive Director of the Internet Freedom Foundation, India)

  • The unchallenged run of majoritarian encroachments

    The unchallenged run of majoritarian encroachments

    Indian civil society remains hierarchical and fragmented, desirous more of integrating itself into ruling power structures than challenging them. Therefore, any resistance to majoritarian encroachments on our constitutional order is not likely to come from civil society formations or the independent institutions that rely on their support.

    In a recent speech, senior advocate in the Supreme Court of India, Dushyant Dave, expressed his anguish at the seeming co-option of independent institutions to the will of a powerful executive. Mr. Dave contrasted the passivity of India’s civil society and public institutions with the protests that have paralysed Israel. These protests are the widespread demonstrations that have broken out against Israel’s right-wing government over its stated plans that are aimed at restricting the autonomy of the country’s Supreme Court.

    The parallel with Israel (made in the speech) does illuminate a necessary pre-condition for the healthy functioning of democratic institutions. This pre-condition is the existence of a civil society base which fortifies the political legitimacy of autonomous institutions in their confrontation with an overbearing executive. In Israel, the civil society base (which has made its presence felt on the streets), in support of the Supreme Court, is made up of the professionalised middle classes, who zealously guard their individual liberties. In the absence of a written Constitution, it is this social base which has kept mainland Israel (excluding the militarised zone of the occupied territories) a relatively free and democratic space. Meanwhile, right-wing parties such as Benjamin Netanyahu’s populist-nationalist Likud draw their support overwhelmingly from the economically marginalised and the less educated segments of Israeli society.

    The difference in India
    Unlike Israel, Hungary and Turkey, where resistance to the populist right wing has come from the educated middle classes, the Indian case is peculiar because the middle classes here have tended to be its most resolute ideological backers. As a Lokniti survey of 2017 noted, the educated classes displayed the greatest penchant for coercive violence on dissenting individuals (those who ate beef or refused to say ‘Bharat Ma ki Jai’, for instance), along with a higher level of empathy for dictatorship and suppression of speech than found among the cohort of illiterates.

    B.R. Ambedkar once explained the importance of a liberal-secular civil society to an American radio broadcaster this way: “The roots of democracy lie not in the form of Government, Parliamentary or otherwise… The roots of Democracy are to be searched [for] in the social relationship, in terms of associated life between the people who form a society.”

    Has such a civil society base evolved in Indian democracy over the last seven decades? In several States of northern India, the collective retribution of “bulldozer justice”, stringent laws over the conspiratorial fantasy of “love jihad”, and the unremitting stream of “police encounters” have certainly shown up the hollowness of the social and institutional support undergirding our constitutional order.

    In his work, The Social Origins of Dictatorship and Democracy (1966), political sociologist Barrington Moore identified the liberal bourgeoisie as the historical agents of democratisation. According to Moore, at least in the western democratic tradition, these industrial and professional middle classes played a crucial role in constraining state authority and ensuring democratic freedoms partly by pushing their interests through civil society institutions such as the press and trade associations. The Indian path towards modern democracy confounded Moore because, as he wrote in his book, the country “experienced neither a bourgeois revolution, nor a conservative revolution from above, nor so far a communist one”. Perhaps the case of Indian democracy was best captured by Sudipta Kaviraj’s memorable phrase of “passive revolution”, characterised by an absence of substantive democratic struggle and the entrenchment of ruling class dominance through modest reforms and co-option of the symbols of the opposition.

    The thesis of a passive revolution was particularly useful in understanding the Congress’s phase of dominance, where the middle classes and labor unions were firmly integrated into the statist model of nation-building.

    Democratisation, in U.P. and T.N.
    This lack of space afforded to an independent and oppositional civil society has plagued not just the Congress’s vision of democracy but also later models of democratization that came up to challenge its hegemonic rule. We can summarize here two such contrasting routes of democratization: the Mandal route in Uttar Pradesh and the Dravida Munnetra Kazhagam (DMK) route in Tamil Nadu.

    In Uttar Pradesh, the Samajwadi Party (SP) relied excessively on a top-down fabrication of electoral alliances between backward caste groups, while placing little emphasis on nurturing the political space for a democratic civil society. As political scientist Gilles Verniers argued in the paper, Conservative in Practice: The Transformation of the Samajwadi Party in Uttar Pradesh (2018), the SP turned increasingly socially conservative by the turn of the century, moving away from its socialist and progressive roots. The political capital made from the Mandal agitation was fed into the construction of a powerful electoral machine, which came to rely on locally dominant social groups for its electoral mobilization, rather than on a political programme for democratic emancipation. The paper, “Caste and the Power Elite in Allahabad” (2015), written by Jean Dreze et al. conclusively demonstrated how the commanding positions of civil society continued to be dominated by upper castes. In contrast, the DMK anchored its political mobilisation on a radical re-conceptualisation of the basis of politics, as the political scientists R. Sriramachandran et al. have illustrated in their recent book, Rule of the Commoner: DMK and Formations of the Political in Tamil Nadu, 1949–1967. The thesis of the book revolves around the concept of a counter-hegemonic struggle, theorised by the socialist political philosopher Ernesto Laclau.

    The DMK, in this formulation, spurned the path of liberal reforms to the political order and waged a struggle on behalf of the ‘people’ (the majority of the backward castes) against the political elite represented by the Congress. The Dravidian movement succeeded precisely because the conception of the ‘political’ was not confined to elections or democratic procedures but encompassed the transformation of the social and economic relations of power. However, the DMK, much like the Left in Bengal, also did not put too much store by an independent civil society as a guarantor of substantive democracy. Both parties sought to capture state power and then fashion their own civil society, embedded into various ruling party structures.

    Indian civil society remains hierarchical and fragmented, desirous more of integrating itself into ruling power structures than challenging them. Therefore, any resistance to majoritarian encroachments on our constitutional order is not likely to come from civil society formations or the independent institutions that rely on their support.

    (The author is a political researcher and columnist)

     

  • The CBI’s fishing expedition

    The CBI’s fishing expedition

    • It is not clear what offences punishable by law Sisodia is being charged with

    “Even if kickbacks are accepted and then credited to the party’s coffers, an offence would be made out under the Prevention of Corruption Act. It may not be easy to garner the evidence to prove the receipt of monies but adequate evidence to pin moral culpability must be disclosed to the public before tarring Sisodia with the accusing brush. People in our country forgive even those who have fattened themselves on corrupt practices. They will forgive Sisodia also even if the money has not gone to his personal account but to the party. His reputation, however, will then be tainted with a small stain on a white shirt.”

    By Julio Ribeiro

    Manish Sisodia, Delhi’s former Deputy CM, is presently in judicial custody after being arrested by the CBI. Narendra Modi and Amit Shah will breathe a little easy now! Sisodia’s popularity with the poorer population of Delhi surpassed Modi’s popularity with the affluent. With Sisodia out of commission, the AAP machine in Delhi will slow down or that, it appears, is the intent!

    To a neutral observer, it appears that the intent of the government is to rob the man and his party of any halo of respectability he or the party may be sporting.

    The Kejriwal government had concentrated on education and healthcare, the two subjects any government, either at the Centre or in the states, should pay particular heed to. It had done very well in both spheres, especially in education. That subject was handled by Sisodia. But the Rhodes scholar now in the AAP think tank, Atishi Marlena, will take care of that now.

    Instead of neutralizing those whose extraordinary talents and good work keep the AAP ahead of its political competitors, Modi and Shah should advise the double-engine governments in BJP-ruled states to emulate AAP’s achievements. Future generations of voters will surely discard such divisive politics. Revolutions in education and healthcare will appeal to all generations.

    I have always suspected that successive governments, starting with the Congress which was in power for decades after Independence, may not have wanted the masses to be fully literate. The uneducated blindly follow what is told to them by those with the ‘gift of the gab’. Literate individuals may not be really educated but they listen to news on the television and many of them decide to form her or his own opinion on important issues. Politicians cannot take their support for granted. Religion and caste will remain factors to contend with but votes cast without considering the pros and cons will reduce when people can read and write.

    It is not clear, to me at least, what offences punishable by law Sisodia is being charged with. An accused not cooperating with the police is certainly not an offence under any law. The police and the courts can draw an inference from the accused’s silence or refusal to answer questions but cannot force him to admit something that could later implicate him in an offence.

    Another complaint against Sisodia is that he was in the habit of using multiple phones at any one time and that he had obliterated call data. Again, inferences can be drawn from such practices but where is it laid down in law that one cannot use more than one phone at one time and that a record of calls needs to be kept?

    To a neutral observer, it appears that the sole intent of the government is to rob the man and his party of any halo of respectability he or the party may presently be sporting. To that end, the investigative agencies have been sent on a ‘fishing’ expedition that is not going to end till some fish, even a tiny one, is finally and firmly in the net.

    Investigative journalists are adept at ferreting out the truth. They manage to get hold of the remand applications that usually disclose the grounds for asking the court to give a few days of remand to force the truth out of the arrested individual. An insight into the remand application has not been established in Sisodia’s case. The public has not yet learnt of the grounds for his arrest!

    What the people have been told is that Sisodia, the man they admire and even love, is involved in a massive scam involving a hundred crores! As Excise Minister, he took decisions on his own without involving the Council of Ministers and the Lt Governor in the decision-making process. He allegedly tweaked the policy to benefit a group of licensees known to the investigators as the ‘South Group’ in which the daughter of Telangana CM K Chandrashekar Rao and an MP representing that state were members.

    The profit allowed to be earned by the group had been increased from 5% to 12%. This was sanctioned by Sisodia, who was asked to explain this decision but was unable to give a satisfactory explanation, according to the media.

    Lobbying for relaxations or workable policies is a common feature of working life in the Mantralayas, the seats of state governments. It was even more prevalent in the ministries of the Central government till the Modi administration discouraged the lobbyists. It is also true that a group like the Adanis could not have achieved success (now notoriety) without approaches to the ultimate power.

    Even if Sisodia had met someone from the South Group, that in itself would not inculpate him in a crime unless it is proved that he benefited personally from the interaction. The raids on his office, his home, his bank and the bank locker have drawn a blank.

    The party may have received kickbacks. It is a given that all political parties need money to run their business. The BJP at the Centre has electoral bonds, but in Karnataka, for instance, some ministers in the BJP government have been accused by contractors of demanding 40% cuts from contracts instead of the standard 15% (the figure quoted in the Mumbai MC is less, only 10%, and since the money is paid to the corporators, all parties benefit. Parties with a greater number of corporators benefit more!). The allegations by contractors against BJP leaders in Karnataka have been reinforced lately with the arrest of one of its prominent legislators and the recovery of crores of rupees from the home of his son.

    Even if kickbacks are accepted and then credited to the party’s coffers, an offence would be made out under the Prevention of Corruption Act. It may not be easy to garner the evidence to prove the receipt of monies but adequate evidence to pin moral culpability must be disclosed to the public before tarring Sisodia with the accusing brush. People in our country forgive even those who have fattened themselves on corrupt practices. They will forgive Sisodia also even if the money has not gone to his personal account but to the party. His reputation, however, will then be tainted with a small stain on a white shirt.

    (The author is a former governor and a highly decorated retired Indian Police officer)

  • Sisodia’s arrest

    • Transparent & fair probe a must to refute vendetta charge

    The arrest of Delhi’s Deputy Chief Minister Manish Sisodia by the CBI in connection with alleged irregularities in the formulation and implementation of the now-scrapped excise policy is a major setback for the ruling Aam Aadmi Party (AAP), which showcased corruption-free governance among its main planks to record thumping poll victories in Delhi and Punjab in recent years. The development has worsened the conflict between the state government and the BJP-ruled Centre, with the former accusing the latter of misusing Central agencies for political vendetta.

    The contentious Delhi Excise Policy was scrapped in July last year after the Lieutenant Governor recommended a CBI inquiry into the allegations. Officials are accused of receiving kickbacks from liquor traders to grant licenses, extending undue favors to the licensees, waiving/reducing license fee and renewing L-1 license without due approval. It is apparent that the policy was withdrawn due to some anomalies in its execution; AAP needs to do the answering about what had gone wrong. Meanwhile, the onus is on the CBI to come up with irrefutable evidence to establish that Sisodia was directly or indirectly involved in any wrongdoing and whether the money trail leads to him. If any inconsistency or lacuna is detected in the case against the Deputy CM, it will lend credence to AAP’s allegation that he is being victimized.

    At stake here is the credibility of the CBI as well as of the AAP government, particularly Sisodia, who has been entrusted with 18 of the 33 state departments by CM Arvind Kejriwal. Central probe agencies have repeatedly been accused of targeting ministers in Opposition-ruled states and turning a blind eye to irregularities in states where the BJP is in power. The CBI needs to allay apprehensions over its ‘pick-and-choose’ approach by bringing details of the excise policy case into the public domain and looking into the L-G’s role as well. A transparent and fair probe is a must to serve the interests of truth and justice; otherwise, the growing perception of vindictiveness will undermine the Centre’s credentials and offer a lifeline to AAP and the beleaguered Opposition a year ahead of the Lok Sabha polls.

    (Tribune, India)

  • Hindenburg: SC sets up six-member probe panel, wants report in 2 months

    Hindenburg: SC sets up six-member probe panel, wants report in 2 months

    NEW DELHI (TIP): The Supreme Court on Thursday, March 2, set up a six-member expert committee headed by former SC judge Justice AM Sapre to investigate if there had been a regulatory failure in dealing with the alleged contravention of laws pertaining to the securities market in relation to the Adani Group or other companies in the wake of the Hindenburg Research report. A three-judge Bench led by Chief Justice of India DY Chandrachud asked the committee to suggest measures to strengthen the regulatory framework and secure compliance with the existing framework for the protection of investors.
    “To protect Indian investors against volatility (in the securities market) of the kind that has been witnessed in the recent past, we are of the view that it is appropriate to constitute an expert committee for the assessment of the regulatory framework and for making recommendations to strengthen it,” said the Bench, which had earlier refused to accept the names suggested by the Centre for the expert committee. Other members of the committee are former SBI chairman OP Bhatt, former Bombay High Court judge JP Devadhar, Infosys co-founder Nandan Nilekani, former chief of New Development Bank of BRICS KV Kamath and advocate Somasekhar Sundaresan, who was recently recommended for appointment as a judge of the Bombay High Court. The Bench, which included Justice PS Narasimha and Justice JB Pardiwala, asked the expert committee to submit its report in a sealed cover to it in two months. The top court also directed market regulator SEBI to investigate if there was any manipulation of stock prices in contravention of existing laws. It took note of the fact that SEBI was already investigating the allegations made in the January 24 Hindenburg Research report. On February 20, it had said it couldn’t start with the presumption of a regulatory failure.
    “The above directions shall not be construed to limit the contours of the ongoing investigation. SEBI shall expeditiously conclude the investigation within two months and file a status report,” the Bench clarified.
    “Further, SEBI shall apprise the expert committee of the action taken in furtherance of the directions of this court as well as steps taken in furtherance of its ongoing investigation. The constitution of the expert committee does not divest SEBI of its powers or responsibilities in continuing with its investigation into the recent volatility in the securities market,” it further clarified.

  • Lurking menace in Punjab

    Lurking menace in Punjab

    AAP government yet to find its feet on the security front

    It is the police capitulation to the radical preacher that will come back to haunt the administration. I see the hand of the political leadership in this surrender to unlawful demands. There is no way the CM was kept out of the loop. It is evident that the AAP government led by Bhagwant Mann is still to find its feet on the security front. It could be its Achilles’ heel.

    “The opportunity to nip the trouble in the bud having been lost, the task of the leadership, both political and police, will now be made difficult. The AAP government should seek Doval’s help. He can do so behind the proverbial curtain without announcing his role of adviser. A double-pronged approach would be required. The bulk of the population, the Jat Sikh farmers in the villages, had suffered the ravages of terrorism in the 1980s and early 1990s. They can be won over by well-reasoned arguments on multiple fora.”

    By Julio Ribeiro

    Described as a ‘radical preacher’, Amritpal Singh aspires to be the next Bhindranwale. That aim will not be easy to achieve. Bhindranwale was the product of political machinations gone awry. Amritpal obviously wants to exploit the current gloomy mood of Punjabi youth, caused by unemployment and the rising prices of essential commodities, and aggravated by the Russia-Ukraine conflict with its implications for global economy.

    Amritpal can’t be allowed to become larger than life. He has to be contained before he assumes an aura of invincibility.

    According to media reports, the police had arrested one of his associates, Lovepreet Singh ‘Toofan’, for allegedly kidnapping and assaulting Varinder Singh of Chamkaur Sahib. Amritpal had also been named in the FIR lodged at the Ajnala police station. Amritpal announced a march to the police station to demand Lovepreet’s release. Anticipating trouble, police personnel were drawn from neighboring police stations and deployed at Ajnala.

    Barricades had been set up, yet a massive crowd of supporters of Amritpal and his Waris Punjab De outfit, armed with swords and a few with guns, stormed the barricades, entered the police station and caused extensive damage to government property. A hundred trained policemen, given implicit instructions on what they should do if attacked by a mob, should normally have been able to deal with the mob and disperse it. But if they had not been told clearly of the type and extent of force they could use to counter violence by the mob, the situation was destined to get out of control, and it did! I would squarely categorize the response as a failure of the police leadership and the state’s political leadership for not making its intention clear.

    I would frown at armchair criticism of the police when dealing with piquant situations. On the ground, it is never easy to take quick decisions as events unravel in front of the police officer in charge on the spot. If he is a confident individual with his wits about him, the public should accept the decision, even if the results turn sour. It is the intent of the decision-maker that should matter.

    Senior IPS officers turned up later, according to the reports, and held talks with Amritpal. He seemed to have convinced the Police Commissioner of Amritsar and the Ajnala SSP that Lovepreet was not the man involved in kidnapping Varinder! The senior officers agreed to release Lovepreet. This capitulation is what will trouble the police and the political leadership henceforth.

    Lovepreet had been named by Varinder in his initial complaint. What the police needed to do was to check whether there actually had been a kidnapping. Who thrashed Varinder? It was reported that he had objected to Amritpal’s utterances, and, if that is true, a motive for the assault was available.

    The Ajnala police would have kept their supervising officers in the loop on such an important political happening. Deputing extra forces from neighboring police stations could have been ordered only by an officer with authority over all five police stations. If reserves were deputed from the armed battalion, the order could only have been issued from the state DGP’s office. There is no way the seniors can claim that they were not in the know of the decision to arrest the men named in the FIR. It is the police capitulation to the radical preacher that will come back to haunt the administration. I see the hand of the political leadership in this surrender to unlawful demands. There is no way the CM was kept out of the loop. It is evident that the AAP government led by Bhagwant Mann is still to find its feet on the security front. It could be its Achilles’ heel.

    An even worse scenario now is the possible recrudescence of terror in this sensitive border state. Our neighbor, mired in an economic morass, will try to fish in troubled waters across the border. In the 1980s, it had provided training and given shelter to Khalistani terrorists. It had also facilitated the movement of arms across the border. The neighbor will touch base with Amritpal, if it has not done so already. NSA Ajit Doval is best placed to intervene. He knows what to do, how it has got to be done and who should be entrusted with the task. Amritpal cannot be permitted to become larger than life. He has to be contained before he assumes an aura of invincibility. He has tasted victory in Ajnala. Consequently, support to him in Punjab will increase.

    The Union Government may try to leverage the state government’s failure in Ajnala to gain political advantage in a state that has not welcomed the BJP. It will be a mistake to do so. The AAP was voted to power with a massive majority. Mann was propelled to the CM’s chair as the Sikh face of the AAP. The BJP has its own Sikh face in Capt Amarinder Singh, but he is a spent force. The wiser option for the Modi government is to leave this state alone lest it should burn its fingers.

    An even worse option would be to play politics because Mann and his party have been pushed into a corner by a tyro who till last year was a clean-shaven Sikh living a nondescript life in Dubai. Sensing an opportunity for his latent talents, he grew a beard, started wearing clothes that imitated those of Bhindranwale and made his supporters carry Guru Granth Sahib to deter the police from acting.

    The opportunity to nip the trouble in the bud having been lost, the task of the leadership, both political and police, will now be made difficult. The AAP government should seek Doval’s help. He can do so behind the proverbial curtain without announcing his role of adviser. A double-pronged approach would be required. The bulk of the population, the Jat Sikh farmers in the villages, had suffered the ravages of terrorism in the 1980s and early 1990s. They can be won over by well-reasoned arguments on multiple fora.

    At the same time, as the communication lines with the masses are developed, a quick rounding up of Amritpal and his cronies should be effected. All laws the BJP governments use against their political opponents and critics should be used against this looming menace before it bites both the state government and the Centre.

    (The author is a former governor and a retired IPS officer)

  • Conflict reflects wider global rivalries

    Conflict reflects wider global rivalries

    It is evident that both Russia and the US have done little to end the conflict in Ukraine. India has offered to join efforts to resolve the crisis amidst western concerns over an emerging Russia-China understanding on the road ahead. The US has rejected Chinese offers of mediation.

    “It is evident that both Russia and the US have done little to end the conflict in Ukraine. India has offered to join efforts to resolve the conflict amidst western concerns over an emerging Russia-China understanding on the road ahead. The US has rejected Chinese offers of mediation. Moreover, Russia will not agree to any solution which involves it losing control of its vital and historical access to the sea in Crimea. There should also be restoration of peace and harmony between Russians and Ukrainians living in southern Ukraine. It would be helpful if access to the port city of Odessa remains open for use internationally.”

    By G Parthasarathy

    Following years of inept and confused leadership by the then President Mikhail Gorbachev, the Soviet Union fell apart, resulting in its former constituent republics attaining full independence on December 26, 1991. An interesting aspect of this collapse was that large numbers of Russians continued living in virtually all erstwhile Soviet republics. Thousands of Russians still remain in their old homes, and the Russian language remains widely spoken in virtually every former Soviet republic.

    Erstwhile Soviet republics have, however, enhanced cooperation with other neighbors. Interestingly, the predominantly Muslim ones – Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan – are members of the Shanghai Cooperation Organisation, while Azerbaijan is a dialogue partner. Historical ties with Russia, even today, play an important role across Central Asia. Russia’s western neighbors generally see greater benefit of cooperation with prosperous countries of western Europe, ranging from France and Germany to Norway, Sweden and Finland.

    Russia has no reason to object to the Soviet Union’s former European Republics (on its northern and western borders) seeking closer ties with their European neighbors, including France and Germany. Its genuine concerns arise when these neighbors enter into military alliances with the US and NATO. The principal aim of the US role in NATO is perceived as being aimed at ‘surrounding and containing’ Russia.

    The recent escalation of tensions in Europe has arisen from the sudden regard and affection of US President Joe Biden for the leadership of the young and relatively inexperienced Ukrainian President Volodymyr Zelenskyy. What has, thereby, emerged in recent years has been Ukraine’s growing security ties with the US. This has resulted in Ukraine being provided sophisticated weapons intended to give Kyiv the capabilities to challenge Russian land and maritime security interests, and pursue its own territorial ambitions on its southern shores.

    The main territorial dispute between Russia and Ukraine over the Crimean Peninsula continues. Crimea has been ruled by the Russian Black Sea Fleet since 1783. It has, thus, historically been under Russian, and not Ukrainian sovereignty, for well over two centuries now. Moreover, while Russia has sought unfettered access to the port of Odessa, it has not succeeded in this effort. But, it would be sensible if Black Sea ports are used by both countries, which do ultimately share an interest in maritime trade.

    This is particularly important for crucial wheat supplies from Ukraine and Russia to West Asia and Africa. Odessa has also been, for long, the most well-located port for India’s trade with both Ukraine and Russia. Any peace solution would naturally have to bear in mind the reality that under no circumstances will Russia agree to compromise its crucial national interests in Crimea. Moscow also has a natural interest in strengthening its historical access to the Black Sea port of Odessa.

    Tensions between Ukraine and Russia flared up when Zelenskyy was elected President of Ukraine in 2019. Zelenskyy believed that he could assert his independence from Russia through close ties with the Biden administration. During his visit to Washington in 2021, he signed a joint declaration with President Biden; it was laced with strong anti-Russian rhetoric. The joint declaration said: “Unwavering commitment to Ukraine’s sovereignty, independence and territorial integrity within its internationally recognized borders, including Crimea, and extending to its territorial waters in the face of Russian aggression.” This was an assurance of support to Ukraine for actions which would undermine Russia’s access to the sea in Crimea. This was accompanied by rapid transfer of sophisticated US military hardware to Ukraine.

    Russian President Vladimir Putin ordered his troops into southern Ukraine in February 2022 with the evident objective of seizing the cities of Luhansk and Donetsk by declaring them independent states. He, thereby, established Russia’s control over areas where the Russians are well positioned.

    There are an estimated 7.7 million Russians in Ukraine, which has a total population of 43.3 million. The Russian population resides predominantly in six southern areas of Ukraine which control Russia’s access to the sea in Crimea. The Russian Black Sea Fleet has historically been Russia’s gateway to the Black Sea, the Sea of Azov and the Mediterranean Sea.

    The poorly planned Russian military response that followed the Biden-Zelenskyy declaration, combined with massive US and NATO arms assistance to Ukraine, has threatened the historical and only Russian access to its southern seas. Russia had expected that it would rapidly take over large tracts of Ukraine, especially in Russian-dominated parts of southern Ukraine — from Crimea to Odessa. Fierce Ukrainian resistance, bolstered by arms support from the US and its NATO allies, blocked Russia’s moves westwards. More importantly, Russian positions in southern Ukraine remain under constant attack.

    Over 14 million Ukrainians have been displaced so far, with seven million now in neighboring countries. Casualties on both sides are estimated at around 3,00,000 killed or wounded. Worse still, there is substantial reason to believe the allegations, reinforced by writings of veteran American investigative journalist Seymour Hersh, that in September 2022, the Biden administration destroyed two undersea oil pipelines carrying Russian gas. This was a gross violation of the international law that requires a thorough investigation.

    It is evident that both Russia and the US have done little to end the conflict in Ukraine. India has offered to join efforts to resolve the conflict amidst western concerns over an emerging Russia-China understanding on the road ahead. The US has rejected Chinese offers of mediation. Moreover, Russia will not agree to any solution which involves it losing control of its vital and historical access to the sea in Crimea. There should also be restoration of peace and harmony between Russians and Ukrainians living in southern Ukraine. It would be helpful if access to the port city of Odessa remains open for use internationally.

    (The author is Chancellor, Jammu Central University & India’s former High Commissioner to Pakistan)

  • Opposition unity remains a bridge too far

    Opposition unity remains a bridge too far

    Sisodia’s arrest has profound national implications for the direction the Opposition will eventually pursue. After tarring the TMC and AAP with the corruption taint, it is inconceivable that the Congress could include the Opposition in its anti-corruption blitzkrieg. That’s expecting too much. The core of its 2024 blueprint has only one strategy, and that is to position Rahul as Modi’s sole adversary.

    “Refusing to reconcile with the reality that its pre-eminence as the Grand Old Party might be dated by now, Congress president Mallikarjun Kharge qualified his imploration to the Opposition with the caveat that the exercise would follow the UPA template with the Congress heading the coalition because it was the only party that had never done business with the BJP. It’s a fact few would dispute, but should the Congress grandstand at every opportunity on its ‘unsullied’ ideological ‘credentials’? Can parties such as the SP be labelled as BJP’s accomplices even as the subject of whether their campaigns against Hindutva were sufficiently robust should be debated? Has the Congress scored over other non-BJP entities on this marker? If the Congress’s pro-secular, pro-minority credentials were impeccable, why did Thiruvananthapuram MP Shashi Tharoor intervene at the AICC plenary to emphasize that his party could have been ‘more vocal’ on the release of Bilkis Bano’s rapists in Gujarat, the attacks on churches, lynchings in the name of cow vigilantism and the bulldozing of Muslim homes.”

    By Radhika Ramaseshan

    The ruling BJP could be sanguine in the belief that the country’s attention has been deflected from the Hindenburg-Adani row by the arrest of Delhi minister and Aam Aadmi Party’s backbone Manish Sisodia.

    The development has profound national implications for the direction the Opposition will eventually pursue. The early indications augur well for the BJP because the arrest has reopened the fault lines running through the Congress and the regional parties, some of which it is counting on as its allies in the prelude to the 2024 General Election.

    Delhi offers only seven parliamentary states. It is a quasi-state that is partially governed by the Centre, which has increasingly shrunk the space for the exercise of powers by the Arvind Kejriwal government after the BJP lost the 2015 and 2020 Assembly polls to the AAP.

    Delhi is significant for the BJP because the seeds of the downfall of the Congress-helmed United Progressive Alliance (UPA) government were sown in the national capital in a long-drawn-out protest against the UPA’s ‘corruption’ and ‘misrule’; Kejriwal was then closely associated with the anti-corruption movement piloted by Anna Hazare. The India Against Corruption stir became a launch pad for Kejriwal’s political career, which was carefully camouflaged by his ‘activism’ with a moral underpinning. The Congress was the principal casualty of the protests and the BJP the eventual gainer.

    The arrest of Sisodia, a founding member of the AAP, provoked strong reactions from regional forces, but invited the Congress’s endorsement. KT Rama Rao, working president of the Bharat Rashtra Samithi (BRS), accused the BJP of “resorting to stealth politics by inciting Central agencies against Opposition parties in states where it can’t come to power (on its own).” For the BJP, BRS-ruled Telangana is analogous to Delhi. The party’s exertions have not fructified into tangible political gains. At best, the BJP can hope to unseat the Congress as the main Opposition party in Telangana, unless the ground situation dramatically changes. Samajwadi Party (SP) chief Akhilesh Yadav lauded Sisodia’s record in making quality education accessible to Delhi’s underprivileged children and remarked, “The BJP proved that it is not only against education, but also against the future of Delhi’s children.”

    The approval by the Congress’s Delhi unit stood out all the more against the backdrop of the party’s call for forging ‘Opposition unity’ before the next Lok Sabha battle at its just-concluded plenary in Raipur. Refusing to reconcile with the reality that its pre-eminence as the Grand Old Party might be dated by now, Congress president Mallikarjun Kharge qualified his imploration to the Opposition with the caveat that the exercise would follow the UPA template with the Congress heading the coalition because it was the only party that had never done business with the BJP. It’s a fact few would dispute, but should the Congress grandstand at every opportunity on its ‘unsullied’ ideological ‘credentials’? Can parties such as the SP be labelled as BJP’s accomplices even as the subject of whether their campaigns against Hindutva were sufficiently robust should be debated? Has the Congress scored over other non-BJP entities on this marker? If the Congress’s pro-secular, pro-minority credentials were impeccable, why did Thiruvananthapuram MP Shashi Tharoor intervene at the AICC plenary to emphasize that his party could have been ‘more vocal’ on the release of Bilkis Bano’s rapists in Gujarat, the attacks on churches, lynchings in the name of cow vigilantism and the bulldozing of Muslim homes? “If we don’t speak out in such cases, we are only surrendering our core responsibility of standing up for India’s diversity and pluralism, which should be central to the Congress’s core message,” Tharoor had stated.

    More evidence followed to demonstrate that the Congress was unwilling to cede the leadership position to a leader from a prospective ally. Addressing a meeting in Shillong, Rahul Gandhi aggressively engaged with the Trinamool Congress (which fought the Meghalaya elections solo) and listed the violence in West Bengal, the Saradha scam and the alleged profligacy exhibited by the TMC in the Goa elections as proof of its ‘tradition’ and its propensity to ‘help’ the BJP and defeat the Congress. Meghalaya’s last Congress Chief Minister Mukul Sangma had crossed over to the TMC with a dozen legislators. At the same time, at a rally in Nagaland, Kharge made it amply clear that the Congress would lead the Opposition alliance that will come to power at the Centre in 2024. “The Congress will lead. We are talking with other parties. Because otherwise, democracy and the Constitution will go,” claimed the Congress president.

    Secularism apart, it is apparent that the Congress has acquired a sense of proprietorship over the public articulation and projection of corruption, exemplified in the Centre’s alleged patronage to Adani and its silence on the questions raised by Rahul in Parliament. In his speech at the Raipur session, Rahul compared the Adani conglomerate with the East India Company and said, “History is being repeated.” “The Independence struggle was against the East India Company. That was also a company, the company that took away India’s wealth, infrastructure, ports….” he stressed.

    After tarring the TMC and AAP with the corruption taint, it is inconceivable that the Congress could include the Opposition in its anti-corruption blitzkrieg. That’s expecting too much. The core of its 2024 blueprint has only one strategy, and that is to position Rahul as Narendra Modi’s sole adversary.

    (The author is a senior journalist)

     

  • Indian opposition parties have a duty to protect democracy in the nation

    India today appears to be more divided than it ever was. In the 80 years that I have been on this planet, with sixty years of my life spent in India, I can say with an amount of certainty that the vibrant democracy I had known in my younger days seems to be taking a flight from India. During those days the nation was not as polarized on religious and communal lines as it is today. I do not recall there ever was any widespread distrust or animosity on religious lines. But for the last couple of years, India appears to have witnessed a loss of trust between communities. In fact, there is an atmosphere of hatred which is created and promoted by Indian politicians, particularly those in power.
    One can understand that politics is all about gaining power , exercising power and staying in power, but then it is expected that those in power will work for the welfare of the people, and surely injecting hatred in religious and social groups does not contribute to the welfare of the people.

    Indeed, the policy of dividing the people in order to rule was once attributed to the British colonial rulers, and the British were condemned for practicing it. But now the same policy is being practiced more enthusiastically than the Britishers ever did. Looking at what is going on in India today, it’s not difficult to understand that India’s democracy is dysfunctional, with the government divesting people of their rights with each passing day. Democracy in India is getting fragile day by day. One shudders to think what may happen to India a few years from now. It is the sacred duty of the opposition parties in India to oppose the government’s attacks on democracy for the sake of the people who have put their faith in democracy and the people who they trust to protect their liberties and rights. The opposition parties which are so divided and weak need to come together and raise their voice against the slaughter of democratic values. If they fail in their duty now, history will not forgive them for their inaction. Let the opposition parties of India have only one aim – to safeguard the hard earned democracy against the attacks on it by the present government of India.

  • Biden’s Kyiv visit

    Hardening of battle lines ominous for the world

    The strategic visit by US President Joe Biden to Kyiv, days before the first anniversary of the Russian war on Ukraine, has only hardened the battle lines and made it obvious that America is in no mood to facilitate an early resolution of Europe’s biggest conflict since World War II. Even as Biden and Ukrainian President Volodymyr Zelenskyy walked together to a cathedral, the US State Department announced an additional $460-million aid to Ukraine, including artillery ammunition, anti-armor systems and air defense radars worth $450 million and the rest for energy infrastructure. Ukraine is set to receive large supplies of western weaponry over the next few months in an attempt to sharpen its counteroffensive, leaving no room for doubt that this war is not going to end anytime soon.

    Biden is busy doing chest-thumping and saber-rattling on European soil; in his opinion, Russian President Vladimir Putin was ‘dead wrong’ in presuming that ‘Ukraine was weak and the West was divided.’ A defiant Putin has reaffirmed that sanctions-hit Moscow is ready for the long haul, even as he has accused the US-led West of stoking a global war to destroy Russia. Biden’s overzealousness has also given China, a key Russian ally, ample fodder to take potshots at the US. Beijing has urged ‘certain countries’ to immediately stop fueling the fire. Not to be left behind, Zelenskyy has warned that a world war would break out if China supports Russia militarily against Ukraine.

    Given the geopolitical complications, the volatile situation is inevitably going to worsen. It is clearly evident to the international community that the US is no peacemaker and can never be one. Indeed, it was America’s overreach for NATO’s eastern expansion that provoked Russia and led to the invasion of Ukraine a year ago. Countries such as India, the current G20 president, need to play a proactive role in bringing both sides to the negotiating table and calling out the nations that are hell bent on prolonging this mutually destructive war and jeopardizing world peace.

    (Tribune, India)

  • Protect the power of ‘the little man’ in a democracy

    Protect the power of ‘the little man’ in a democracy

    The real challenge before the nation is how to make citizens, now bystanders, aware of their duties to defend the Constitution

    The nation stands polarized on religious and caste lines, resulting in the creation of deep distrust, if not animosity. The party in power at the Centre is unwilling to cede an inch to the Opposition to maintain a vibrant democracy. There is a constant targeting of the Opposition, as verbal attacks and political destabilization of governments in Opposition-ruled States, through political machinations and “raids” and “checks” by several core central agencies.

    By Dushyant Dave (Twitter photo)

    The nation may have celebrated “Azadi ka Amrit Mahotsav”, on the completion of 75 years of Independence and the 74th anniversary of the founding of the Republic, but there are still deep contradictions in the country. Abject poverty prevails, there is a deepening divide between the rich and the poor, precarious conditions affect the rule of law, and not-so-good governance poses grave challenges to the very existence of democracy and the republic.

    The nation stands polarized on religious and caste lines, resulting in the creation of deep distrust, if not animosity. The party in power at the Centre is unwilling to cede an inch to the Opposition to maintain a vibrant democracy. There is a constant targeting of the Opposition, as verbal attacks and political destabilization of governments in Opposition-ruled States, through political machinations and “raids” and “checks” by several core central agencies.

    With weakened constitutional safeguards and institutions, the judiciary, including the Supreme Court of India, has been slow to stop these attacks. For example, the floor test that the judiciary applies only seems to aid the efforts of the ruling party in bringing down Opposition governments, and is a completely futile judicial weapon. The judiciary needs to innovate to stop the luring of elected MLAs, in order to protect the power of the “little man” in a democracy, as Sir Winston Churchill described it.

    So, where is the Amrit? Our constitutional framers had envisaged a different India, as Constitutional Assembly debates show. H.V. Kamath on November 5, 1948, had said, “I hope that we in India will go forward and try to make the State exist for the individual rather than the individual for the State…At least let us try to bring about this empire of the spirit in our own political institutions. If we do not do this, our attempt today in this Assembly would not truly reflect the political genius of the Indian people… India of the ages is not dead nor has she spoken her last creative word; she lives and has still something to do for herself and for the human family.”

    Have we marched in this direction over seven decades? For those who perpetuate polarization, an incident narrated by H.V. Kamath is the answer. Referring to the 1927 Congress session in Madras, he narrates, “Pandit Madam Mohan Malviya asked Muslims, ‘What safeguards did you ask from the Secretary of State for India or from the Government of India? We are here. What better safeguards do you want?’” After that speech, Maulana Muhammad Ali came to the rostrum, embraced Pandit Malaviya and said, “I do not want any safeguards. We want to live as Indians, as part of the Indian body politic. We want no safeguards from the British Government. Pandit Malaviya is our best safeguard.”

    Constitutionally, the republic that was envisioned by the framers was what George Grote the historian had desired. B.R. Ambedkar quotes him reverentially (on November 4, 1948), “a paramount reverence for the forms of the Constitution, enforcing obedience to authority acting under and within these forms yet combined with the habit of open speech, of action subject only to definite legal control, and unrestrained censure of those very authorities as to all their public acts combined too with a perfect confidence in the bosom of every citizen amidst the bitterness of party contest that the forms of the Constitution will not be less sacred in the eyes of his opponents than in his own”. But then, B.R. Ambedkar expresses his fear thereupon, saying, “The other is that it is perfectly possible to prevent the Constitution, without changing its form by merely changing the form of the administration and making it inconsistent and opposed to the spirit of the Constitution. The question is, can we presume such a diffusion of Constitutional morality? Constitutional morality is not a natural sentiment. It has to be cultivated. We must realize that our people have yet to learn it. Democracy in India is only a top-dressing on Indian soil, which is essentially undemocratic.”

    The failure of the constitutional and administrative authorities to work as per the letter and spirit of the Constitution shows how undemocratic India is. Discussing the importance of Opposition members of the Constituent Assembly, Z.H. Lari, said on May 20, 1949, “… everyone knows that power corrupts and absolute power corrupts absolutely… It is also a truism to say that every party that comes into power tries to make its hold permanent. The only check on the degeneration of party government into despotism is the existence of another party that keeps a strict eye on the doings of the cabinet and the party and thereby prevents the degeneration of a party government into a dictatorship. Besides, there cannot be a proper functioning of any party government unless there is constant criticism of the doings of that party.”

    T.T. Krishnamachari said, “I have no doubt the future parliament and those who are going to be in charge of the destinies of this country would bear in mind the suggestion of Mr. Lari to pay a salary to the Leader of the Opposition, if that would encourage the creation of an Opposition, of a healthy Opposition Party.”

    M.A. Ayyangar said, “I agree there ought to be a healthy opposition… I am really surprised to see … the very protagonist of this healthy opposition had ample opportunity and I do not know why he did not start an opposition… Are their actions calculated to improve the welfare of the Country, much better than what the Congress party has stated in its manifesto?” Biswanath Das felt that the “opposition is a necessary evil and that the function of the opposition is to give the party in power full work”.
    The Congress, which dominated this country for almost four decades, sought to perpetuate its power, post-Independence, by preventing a healthy Opposition. The dismissal of governments in Opposition-ruled States was its key weapon. Yet, today, the Congress and other members of the Opposition have been forced to complain about the state of democracy.

    But are they collectively a healthy opposition? Their utterances and actions cause bewilderment. Are their actions calculated to improve the welfare of the country? Their not speaking in one voice only leaves a clear path for the ruling party to win election after election.

    The challenge before the nation is how to make citizens aware of their duties to defend the Constitution. People are now just bystanders before the political class which is making freedom irrelevant. In Israel, the proposals of Prime Minister Benjamin Netanyahu to undermine the judiciary are being strongly resisted. But what do we have in our nation today?

    The failure to have a strong and healthy Opposition is causing the ruling party to perpetuate its position in a dictatorial manner. Constant attacks on the Supreme Court of India by Ministers and others show the scant regard for a healthy democracy. The ruling party must remember what Ram Narayan Singh once said, “In this country we have just got freedom, and our own party, i.e., the Congress Party, has got no opposition to it. I have seen how things have been going on here and I feel that there must be a strong opposition to criticize our actions and review them…. A Government which does not like opposition and always wants to be in power is not a patriotic but a traitor Government.”

    Let us hope and pray that the party in power and the Opposition will realize their duties and responsibilities towards the Constitution, respect the wishes of the framers of the Constitution, and work for the welfare of the people of India.

    (Dushyant Dave is Senior Advocate in the Supreme Court of India and former President of the Supreme Court Bar Association)

  • Russia’s spring offensive is the key

    Russia’s spring offensive is the key

    About 50,000 of Russia’s newly mobilized troops are already at the front and another 2,50,000 are under training. The occupation of the Luhansk and Donetsk regions will continue, but a major Russian breakthrough is less likely.

    “The steady flow of arms and equipment through its western borders into Ukraine has greatly aided its war effort. However, President Volodymyr Zelenskyy’s desperate calls for fighter jets (about 200-odd F-16s) remain unheeded so far. The UK and Germany are providing a meagre squadron worth each of Challenger and Leopard 2 tanks and the US, while citing the extensive training and maintenance required, is expected to send about 30 M1 Abrams tanks. However, a missing element for offensive operations is air power which is unlikely to materialize anytime soon. The visit of the US President to Kyiv was highly symbolic and came with the promise of providing ammunition and air defense radars as well as further sanctions on Russia, but it fell short of Zelenskyy’s wish list of weapon systems and aircraft. The Munich security conference was in much the same vein, with the UK baulking at directly supplying fighter jets.”

    By Lt Gen Pradeep Bali (retd)

    President Vladimir Putin launched Russia’s invasion of Ukraine in the early hours of February 24, 2022, describing it as a ‘special military operation’ with the aim to ‘demilitarize and de-Nazify Ukraine’ and stop the ‘genocide’ of ethnic Russians in eastern Donbas. Moscow-backed separatists had tried to break away from Kyiv’s control by setting up the Donetsk and Luhansk People’s Republic and were opposed by groups like the Azov Regiment, rooted in far-right ideology. Putin also linked the invasion to checking NATO’s eastward expansion for gaining a ‘military foothold’ in Ukraine.

    A refreshingly honest comment about this war came from the Pontiff in Rome. Pope Francis remarked that Moscow’s invasion of Ukraine was ‘perhaps somehow provoked’ as he recalled a conversation with a head of state who had mentioned to him that NATO was “barking at the gates of Russia”. The Pope also warned against what he said was a fairy-tale perception of the conflict as a battle of good versus evil.

    There have been no serious attempts to curtail this conflict by the West by acknowledging Russian security concerns in its immediate neighborhood. However, within NATO itself there are discordant voices colored by dependence of some member countries on Russian energy exports. While direct talks between the Russian and Ukrainian Presidents have been suggested by India, among others, a few nations, including Turkey, had made offers of mediation. Apart from death and destruction, this war has led to an acute food shortage in many countries as Ukraine and Russia are major exporters of foodgrains and the conflict has disrupted supply chains. Russia is also an exporter of energy to Europe and has cut oil and gas supplies in response to sanctions, fueling inflation and increased cost of living.

    The US, UK, European Union, Japan and Australia, among others, have all backed Kyiv with military aid worth billions of dollars. Many NATO allies have been at the forefront of efforts to arm Kyiv with weaponry for repelling Russia’s forces.

    Russia’s main supporter is its neighbor and close ally, Belarus, whose territory was also used as a launch pad for the invasion and it is now providing considerable ammunition stocks for Russian forces. Many other countries, including China, India and Turkey, have avoided openly supporting either side.

    At the commencement of the invasion, Russia deployed about 2,00,000 soldiers into Ukraine from the north, east and south. After the Russian advance faltered, its troops regrouped in Ukraine’s east and Putin recast the Kremlin’s goal as ‘the liberation of Donbas’. By September, Moscow had annexed four partly occupied territories – Donetsk, Luhansk, Kherson and Zaporizhia. Meanwhile, the Ukrainian forces, aided by western arms supplies, were busy staging counterattacks. By mid-November, they had recaptured the southern city of Kherson. Since then, both sides have been locked in bloody battles for the control of territory in the Donbas.

    This year, the key determinant will be the fate of Russia’s spring offensive. About 50,000 of its newly mobilized troops are already at the front and another 2,50,000 are under training. The occupation of the Luhansk and Donetsk regions will continue, but a major Russian breakthrough is less likely. A continuation of current tactics, slow grinding of Ukrainian forces on limited fronts and a steady advance while targeting Ukrainian energy infrastructure and heavy artillery and missile barrages in the rear, will mark this war of attrition.

    Crossing over to the east side of the Dnipro River to pressure Russia’s vulnerable road and rail links into Crimea might be too demanding. But the possibility of Kyiv launching a surprise new offensive can never be ruled out.

    For the Ukrainians, the strategically valuable direction is south, to Melitopol or Berdyansk, aiming to cut the Russian mainland corridor to Crimea. That would be a major Ukrainian victory, and that is exactly why the Russians are fortifying Melitopol.

    A short and unstable ceasefire is the only other prospect. Putin has made it clear that he will not stop and Ukraine has asserted that it is fighting to recapture what has been lost, including the Crimea. This is an intense contest in political, economic, diplomatic and military domains. It is hard to escape the sense that as 2022 came to a close, an ‘iron curtain’ had once again been drawn across Europe, but this time from the West, aiming to contain Russia. Despite Russia’s sizeable budget deficit and other impacts of western sanctions, Moscow will probably have enough reserves and money to keep its war against Ukraine going. This does not mean the sanctions imposed by the West are not effective but only that it would be “naive to think that sanctions alone could end the war,” in the words of Harvard economist Kenneth Rogoff.

    The steady flow of arms and equipment through its western borders into Ukraine has greatly aided its war effort. However, President Volodymyr Zelenskyy’s desperate calls for fighter jets (about 200-odd F-16s) remain unheeded so far. The UK and Germany are providing a meagre squadron worth each of Challenger and Leopard 2 tanks and the US, while citing the extensive training and maintenance required, is expected to send about 30 M1 Abrams tanks. However, a missing element for offensive operations is air power which is unlikely to materialize anytime soon.

    The visit of the US President to Kyiv was highly symbolic and came with the promise of providing ammunition and air defense radars as well as further sanctions on Russia, but it fell short of Zelenskyy’s wish list of weapon systems and aircraft. The Munich security conference was in much the same vein, with the UK baulking at directly supplying fighter jets. As far as India is concerned, Prime Minister Modi’s advice to Putin, “Today’s era is not an era of war”, should be a pointer for Indian diplomacy to take the lead in resolving this conflict. New Delhi needs to reach out to the major players as a mediator. Its long-standing strategic ties with Russia, an ostensibly neutral stance with no ulterior motives unlike China, combined with its capabilities and capacities as the G20 president, make it ideally suited for this role. Ukraine Foreign Minister Dmytro Kuleba had stated as much in what was nothing short of a direct invitation. The Ukraine war offers our diplomacy an ideal opportunity to play the roles of a peacemaker and a dealmaker.

    (The author is a Strategic Analyst)