P. V. Narasimha Rao And The Elusive ‘Bharat Ratna’!

One may not agree with Lord Birkenhead’s view that ‘India is a land of mobs’ (1930, Turning Points in History), but it is a land of inconsistencies. However, he might not have been far off the mark when he said that ‘more than any [other] country in the world, single individuals of outstanding personality have been able temporarily to impose their will upon its destiny’. A Prime Minister might be ranked third in India’s official order of precedence but a Sonia Gandhi took precedence over the Prime Minister for ten years of its recent history. Her son-in-law did not need any official order of precedence to be treated as a ‘more equal’ citizen at airports and for Chief Ministers to kowtow before him.

In the official order of precedence, No. 5A was inserted to accommodate the Deputy Prime Minister (probably after Vallabhbhai Patel became the first Deputy Prime Minister in 1950) and No. 7A after the institution of the Bharat Ratna in 1954. Article 18 (1) of the Indian Constitution prohibits the use of Bharat Ratna as a title and therefore, it cannot be used to prefix names, despite its general misuse. Its recipients are known as laureates.

As an aside it might be mentioned that Article 18 (2) prohibits Indian citizens from receiving ‘any title from any foreign state’. This precluded Sunil Gavaskar from accepting a British Knighthood but it did not prevent Sonia Gandhi from accepting the Belgian title, Order of Leopold.

However, Bharat Ratna, which officially, cannot be flaunted as a title, accords its recipients precedence over Ambassadors, Chief Ministers and Governors of states who are, in that order ranked at No. 8.

Indians generally rue the omission of Mahatma Gandhi from the Nobel roster but there have been several notable omissions from the list of Bharat Ratna laureates. One of them was Sathya Sai Baba who was passed over, presumably because he was a Hindu god-man. One can say without any exaggeration, that Sathya Sai Baba’s service to humanity was (and is) unparalleled anywhere in the world. He established world-class schools, colleges, universities and hospitals all of which provide free services to the poor. Thousands of devotees who flock to his ashram daily are provided free food.

Under the ‘Sri Sathya Sai Drinking Water Supply Projects’ he constructed a drinking water project at a cost of US$ 63 million to supply drinking water to 1.2 million people in 750 villages of the arid Anantapur district of Andhra Pradesh. Similar projects supply drinking water to drought-prone villages in Mahabubanagar and Medak districts in Telangana, and Chennai. His super-specialty hospitals in Puttaparthi and Bengaluru conducted 24,473 open-heart surgeries between November 1991 and October 2014, without charging a dime. They were all free. They continue to do so.

The other notable exception is that of former Prime Minister, P. V. Narasimha Rao. In order to understand the magnitude of his contribution to national revival, the circumstances that prevailed when he became Prime Minister should be viewed in perspective. In point of fact, the year 1991 marks the beginning of a new epoch in independent India’s history. Rajiv Gandhi’s assassination brought to the nation’s helm a man who was preparing to quietly walking away into the sunset. Narasimha Rao had been in politics since independence and served as Chief Minister, Union Home Minister, Foreign Minister and Defence Minister.

The economic crisis that came to a head that year was looming large on the horizon for years, fuelled by bureaucratic sloth, economic profligacy and political myopia. The economy was floundering on account of a depreciating rupee, billowing external debt and the resultant balance of payments crisis. The last straw on the proverbial camel’s back was the dramatically rising oil prices caused by the 1990-91 Gulf War. In order to cope with the crisis, the Chandra Sekhar government had to first sell twenty tons of gold (on which India had a repurchase option for six months) to raise $400 million in May that year and the successor government had to pledge a further forty-seven tons in July to raise a further $200 million loan. It was a national shame for a culture that treats gold as goddess Lakshmi, to part with family gold for daily necessities. Dr. Manmohan Singh who became the finance minister in the successor government did not have the heart to use words like ‘sell’ or ‘pledge’ when he informed the parliament about the transactions in November 1991. Instead, he said ‘sent abroad’ and ‘export’!

Following the crisis, the Narasimha Rao government initiated a series of steps to redeem the economy. The steps were a radical departure from the pernicious ‘Nehruvian socialism’ and set the nation on a track of progress. Those who do not want to credit the progress to Narasimha Rao, ascribe the economic policy to Manmohan Singh’s genius. Yes, the policy framework could be designed only by an economist with vision but it required Narasimha Rao’s sagacity to give political cover for its implementation. Second, he needed the boldness first to sell the reforms to his own party which considered any departure from Nehru’s policies a sacrilege, and then to the nation. The validity of the argument could be seen when we notice Manmohan Singh could not continue with his reform policy when he himself was the Prime Minister for ten years.

While Narasimha Rao’s economic policies are willy-nilly acknowledged there are two other areas of governance in which he left an indelible stamp on the history of the nation.

The first was defeating the Khalistani movement, which ‘had consumed 21,469 lives before it was comprehensively defeated in 1993’. The principal protagonists of the operation were K. P. S. Gill who as Counter-terrorism Chief of Punjab mercilessly and relentlessly executed it and, Beant Singh, who as Chief Minister of Punjab and Narasimha Rao as Prime Minister gave him political cover. Citing Julio Rebeiro, former Director General of Police, Punjab, Gill has this to say of the genesis of the problem:

“I regard Operation Bluestar and the November 1984 massacres as the two most important victories for the cause of ‘Khalistan’ […] not won by the militants, but inflicted […] upon the nation by its own government […] These two events, in combination, gave a new lease of life to a movement which could easily have been contained in 1984 itself.” (Gill, K.P.S. “Endgame in Punjab 1988-1993”. South Asia Terrorism Portal. Accessible from http://goo.gl/83qUhW 

By the by, the political authors of Operation Bluestar and the 1984 Sikh genocide had both received the Bharat Ratna! Gill elaborates why stern counter-terrorism measures were needed to eradicate the scourge: 

“The defeat of terrorism in Punjab, and I have said this before, was unambiguously the result of the counter-terrorist measures implemented in the state by the security forces. Moreover, the use of this coercive force was (and is) not just a necessary expedient, but a fundamental obligation and duty of constitutional government, and its neglect inflicts great and avoidable suffering on the innocent and law abiding.” (Ibid.) 

Lest anyone had any doubt about the political processes (pursued by the aforesaid political authors of Operation Bluestar and the 1984 Sikh genocide) having achieved the objective of annihilating terrorism in Punjab, Gill clarifies: 

“One of the dominant myths that these propagandists have tirelessly, and in some measure successfully, circulated is the idea that terrorism in Punjab was defeated not because, but in spite of the use of armed force against the militants. No evidence is ascribed to shore up this claim, but a variety of nebulous theories—essentially populist and politically correct slogans—are propounded regarding a ‘people’s victory’ or a ‘political solution’ that brought peace to the strife-torn province.” (Ibid.) 

Had the political master not had the vision to support the stern measures to put down terrorism with an iron hand we would have had another festering wound in the west in addition to the ones in the north and the east, the existence of which is undoubtedly owing to another Bharat Ratna! Who knows, had Narasimha Rao had another shot at power, he would have had some out of the box ideas to contain them! 

Another bold step Narasimha Rao took was in the area of foreign affairs by establishing full diplomatic relations with Israel. Although India recognized Israel in September 1950 (a little over two years after its formation), it was not until February 1992 that full diplomatic relations were established. Considering the benefits a bilateral relationship with Israel could provide in the areas of agriculture, defence and counterterrorism, this was inexplicable. The overt reason for India not establishing full diplomatic relations with Israel was that it would displease her Arab neighbours, but the unstated reason was to placate the Muslim vote bank in India. As by the time India established full diplomatic relations with Israel, the Narasimha Rao government was in office for just over eight months, the decision must be said to have been taken very quickly. 

Excerpted from ‘Twisting Facts To Suit Theories’ And Other Selections From Voxindica. (2016). Authors Press. New Delhi. pp. 429–434

Re–learning Itihāsas of the Sanātana Dharma

Book Review

 

Who Is Who In Hindu Mythology (Vols. 1 & 2). Author: Surya N. Maruvada. Publishers: Notion Press. Available for ordering from Amazon: https://amzn.to/2Z48Ukz (India) https://amzn.to/3dr9GNS (Outside India)

 

The days when children learnt stories from Indian Itihāsas at the knees of their grandpas are sadly long gone. The potent, venomous mix of the three Ms—Macaulay, missionaries and Marx had sufficiently vitiated the learning of the intermediate generations to such an extent that they are confused and ambivalent in their approach to matters concerning the Sanātana Dharma. The missionaries wanted to uproot the Sanātana Dharma and supplant it with their own religion. If Macaulay’s supremacist approach to Indian thought dictated the course of educational curricula during the British rule, the domination of the educational system by the left–illiberal mobs post–independence finished the job. As Koenraad Elst observed in DecolonizingThe Hindu Mind, all Western knowledge and scientific thought (including those borne out of pre–Christian Graeco–Roman achievements) were attributed to Christianity while the Sanātana Dharma was depicted as no more than a cult order, backward and regressive.

 

India had had its own period of “Dark Ages” from the first Mohammedan invasions in the tenth century to the end of the British rule in the middle of the twentieth century. The advent of independence, instead of heralding cultural renaissance, did the opposite. Indian achievements in arts, culture, philosophy and spirituality, and science and technology were deliberately expunged from school text books. Instead schools and colleges were taught a fictitious construct called syncretic culture. For example, Elst pointed out

 

To describe Moghul painting (a Hindu contribution to Islamicate culture) as a “contribution of Islam to India’s composite culture”, as secularist discourse has it, indicates a muddled understanding of Islamic religion and Islamicate culture.

 

Marxists are adept at co–opting pop cultural modes like song, drama, cinema and etc. as vehicles for insidious indoctrination. After Macaulayesque education sucked out all traditional forms of Sanātana Dharmic knowledge from curricula, mass media like newspapers, magazines and cinema did the rest. As it happened, for nearly a century Madras was the centre of arts and culture of the southern Indian states. Exponents of Indian arts and culture who gravitated to the city were willy–nilly sucked into the black hole fertilised by the three Ms—of Macaulay, missionaries and Marx. It was they who did the insidious job of indoctrinating several generations of Indian school and college children into loathing their own cultural ancestry. The glitz and glamour of the silver screen has an undoubted charm for the youth and its appeal has a deeper and longer–lasting impact on impressionable minds. Therefore if movies distorted characters of Rāmāyaṇa or Māhābhārata Indian youth were inevitably led to believe that the Sanātana Dharma was an iniquitous religion, forgetting Svāmi Vivekānada’s aphorism about Sanātana Dharma being a religion that is “spiritual in content, scientific in approach and universal in appeal”.  

Macaulayesque education killed the spirit of contemplation, inquiry and introspection that were the bedrock of Sanātana Dharmic education and instead bred implicit and unquestioning obedience to what was taught. Left–illiberal thought inbred negativity. Thankfully the trend is reversing at last.   

How do we rekindle interest in India’s ancient lore, especially after several generations of Indians gave up on learning Saṁskṛtaṁ (another left–illiberal conspiracy), the language in which the wealth of our knowledge is encoded? India has such a rich repertoire of sacred texts that a lifetime may not suffice to read the entire corpus. And then there are perversions of the texts. A beginning could be made by reading the Itihāsas and understanding them without stripping their component stories out of context. As C. Rajagopalachari observed

“A little knowledge of the laws of nature and the wonders of science, specially when that knowledge is acquired second–hand, without the chastening influence of effort and investigation, acts as a wine on some natures. Their sense of proportion is upset. The unknown is not only unknown but ceases to exist for them.” (1935. The Bhagavad–Gita. Delhi. Hindustan Times Ltd. p.6)

It is in this context the present Encyclopaedia assumes importance. It includes sketches of all characters from our Itihāsas providing them context. The Itihāsas were stories of Gods but they were contextualised in their human incarnations. What societal values changed between the times of Rāmāyaṇa and Māhābhārata? How does Māhābhārata treat Kuñti as a virgin even though she begot a son before marriage? Why did Srī Kṛṣna who knew the outcome of the war, and could, did not prevent it? There may be hardly anyone who wants to know the names of the ninety–eight Kauravās but who were Srī Kṛṣna’s five consorts apart from the well–known three? The voluminous book (in two volumes) introduces the reader to topics ranging from the trivia to the sublime and from the mundane to the scientific. For example while introducing the book the author observes

On the world where Brahma, the creator in the Hindu Trinity resides, the length of a day is equivalent to many years on earth. While the huge difference may be a stretch, the concept of a different time scale on different worlds was not known until a few hundred years ago.

Modern science recognises this as the ‘theory of time dilation’ which is an off–shoot of the theory of relativity. The author expended enormous amounts of time in collecting and collating information from a variety of texts. One hopes that the Encyclopaedia will be useful not only for the world–wide Indian diaspora to obtain gleanings from their spiritual heritage but other scholars desirous of understanding the rich spiritual and philosophical underpinnings of the Sanātana Dharma.     

COVID–19 and the endless search for ‘scientific serendipity’!

Many scientific discoveries were indeed serendipitous and medical science is no stranger to serendipity. The word serendipity is derived from Senrendip (an ancient name for Sri Lanka) and is applied for discoveries that were accidentally stumbled upon. The word is sometimes translated as ‘happy accident’. A number of products from nitroglycerine (in its medical use, not in blasting powder); the first antibiotic penicillin; the local anaesthetic lidocaine; several analgesic drugs, anti–psychotic drugs, anti–cancer drugs, tranquilisers; the use of an antihistamine as an appetite stimulant; several pesticides like malathion and the sticky Post–it have been serendipitously found.

We all know that Alfred Bernhard Nobel made his millions with the discovery of nitroglycerine a component of dynamite, and other explosive substances. In 1895 he developed a condition called angina pectoris and died of cerebral haemorrhage in 1896. When blood vessels which supply blood to the chest muscle are constricted, depleted blood supply and the resultant depletion of oxygen supply cause chest pain known medically as angina pectoris.

The reason for Alfred bequeathing the bulk of his estate for the endowment of the famous Nobel Prizes is not clear. According to a theory, when in 1888 his brother Ludvig died in France, a French newspaper mistaking him to be Alfred reported, “The merchant of death is dead.” (The expression used in the Indian context was not original, after all!) It was possible Alfred wanted to make reparation for his probable posthumous notoriety.

In 1944 Antoine Balard working at the Sorbonne observed that inhalation of isoamyl nitrate gave him headache. Other researchers like Frederick Guthrie in Owen’s College, Manchester experimented with nitrates. Thomas Lauder Brunton, a researcher who worked at the Edinburgh Royal Infirmary put nitroglycerine to use. It was William Murrell’s work at the Westminster Hospital (his findings were published in The Lancet) that confirmed nitroglycerine dilates blood vessels, reduces blood pressure and relieves pain caused by angina pectoris. In the initial days British doctors took care to see that patients were not unduly scared if they found out that the tablets they were prescribed were the same compound that was used in dynamite. The longer acting form of nitroglycerine (pentaerythritol tetranitrate) was introduced in 1896 on an experimental scale and its applicability was finally announced in 1901. Had it been in use in 1896, it would probably have saved Alfred Nobel’s life! The active form of the drug known as isosorbide is prescribed (for sublingual use for faster absorption) even today.

While on the subject of angina pectoris, the multinational pharmaceutical company Pfizer, which experimented with sildenafil citrate, was unable to obtain desired results. It did not reduce cardiac pain as the researchers hoped. However the researchers were pleasantly surprised by an unintended effect the drug caused. In some patients it caused penile erections. Enthused by a study conducted in the Johns Hopkins University, Pfizer continued work on sildenafil. An enzyme called nitric oxide synthase (NOS) localised in the penis produces the neurotransmitter nitric oxide, which is responsible for penile erection. Sildenafil was found to reverse the action of NOS inhibitors. Thus was borne the blue pill known the world over as Viagra! What is less known is that Viagra is equally effective in women, in inducing clitoral erection. It is particularly useful for women with sexual dysfunction caused by a class of antidepressant drugs known as selective serotonin reuptake inhibitors (SSRIs).

Another drug minoxidil which was originally intended to lower blood pressure turned out to have an unintended consequence. In initial trials it caused body hair growth in some female patients. Continued trials with the drug proved that it is useful for hair regrowth in what is known as ‘male pattern baldness’. There are other drugs with a similar ‘side effect’ but are limited in their use because of other concomitant adverse effects. The advantage with minoxidil is that it is available as a lotion and can be locally applied.     

What is strange in the current scenario is for researchers trying to look for anti–viral properties in every conceivable drug. In the absence of a preventive vaccine for the COVID–19 virus, researchers have experimented with hydroxychloroquine an anti–malarial drug, also found to be useful in the treatment of rheumatoid arthritis, azithromycin an anti–biotic and remdesivir an anti–viral drug—with varying results. As the pandemic grips the whole world, there is prestige involved in being the first to find a remedy for it.

 

The latest candidate drug under experimentation is dexamethasone. A group of researchers at the University of Oxford said “trial results show the drug [dexamethasone] reduced death rates of the most severely-ill Covid-19 patients by around a third.” The British Prime Minister hailed it as the “biggest breakthrough yet” in the fight against the disease. However, as per a report published in the Independent, US experts led by Dr. Kathryn Hibbert, director of the intensive care unit at Harvard’s Massachusetts General Hospital expressed scepticism about the findings of the trial. They cited the recent publication and withdrawal of a study in The Lancet, the results of a trial with hydroxychloroquine as a cautionary tale. (“Dexamethasone: US doctors cast doubton UK’s coronavirus ‘breakthrough’”, June 17, 2020.)

 

Dexamethasone belongs to a group of drugs called glucocorticoids. As the name suggests the primary function of glucocorticoids is to conserve glucose for use in times of stress. The glucocorticoids convert carbohydrate into glycogen and store it in the liver. But corticosteroids are also known immunosuppressants. It is for this reason they are prescribed along with other immunosuppressive drugs like cyclosporine and azathioprine to prevent donor organ rejection in organ transplant cases. An earlier commentary article published in The Lancet (“Steroids could do more harm than good in treating coronavirus”, February 6, 2020) highlighted the immunosuppressant property of the drug and advised caution in including it in treatment regimens for COVID–19.

 

As experts and researchers grapple with finding a remedy for the corona virus infection that has changed the world forever, the last word on the subject is yet to be said!

This is a slightly modified version of the article originally published in The Time Of India Blogs

Labels: Analgesics, Azithromycin, Anti–cancer drugs, Antihistamines, Anti–psychotic drugs, Corticosteroids, Dexamethasone, Glucocorticoids, Hydroxychloroquine, Isosorbide, Lidocaine, Minoxidil, Nitroglycerine, Nobel, Penicillin, Post–it, Remdesivir, Tranquilisers, Serendipity, Sildenafil, Viagra

Indian Council For Re–Writing Secular, Rational, Scientific–Tempered History (ICRH)!

Those readers who have been following the trail of this blog would remember that it all began with the post “Should We Re–Write Indian History?” The secular, rational, scientific–tempered historians who have been re–writing history would have us believe that the objective for ‘re–writing’ is to present a secular, rational, scientific–tempered (SRST) version of India’s history and not to ‘Twist Facts To Suit Theories’ as alleged by ever–whining Sanghi Bhakts. 

In keeping with its avowed principles of SRST, the newly elected government (in 2004) reconstituted the Indian Council of Historical Research (ICHR) as the ‘Indian Council For Re–Writing Secular, Rational, Scientific–Tempered History’ (ICSRSH). The ICSRSH has been tasked to re–write India’s history as ‘secular, rational, scientific–tempered history’ (SRSTH). The doyenne of SRST historians, Ruma Li was appointed its Chairperson with similarly qualified and distinguished SRSTHs Irf Ha, Aud Tsk and Ran Gu as its members. The chairperson and members will have no fixed tenure but will be in office till the ICSRSH completes its job of re–writing India’s history and bringing it up to date. Other SRSTHs will be co–opted to write chapters related to specific periods.

It is not that there was no unofficially–officially curated history before, or that these eminences were not associated with history–writing earlier. There was and they were. Like all quasi–government bodies, the ICHR too was autonomous on paper but in actual practice it was the government that called the shots. It appointed its members and controlled its purse strings.

In the short interregnum of six years between 1998 and 2004 a ‘reactionary’ non–left government was in power and it attempted to make some changes in history–writing. The attempts were unsuccessful of course. The ecosystem—fuelled by power and pelf—the previous governments planted took deep ideological roots and it would need determined efforts of a massed army to undo their handiwork. All that the short–lived government achieved was a few screaming headlines denouncing its ‘toxic’ efforts to saffronise history–writing and Op–Eds predicting doomsday if the trend was not reversed.

As everyone knows, just as the history of the USA began in the eighteenth century, so did India’s history began in the tenth century. India had no history before then. The Council decided that Ruma Li and Irf Ha would write the history from the beginning till the reign of Shah Jehan. Aud Tsk would write from the reign of Aurangzeb onwards. The historians have the necessary research experience into the history of the periods. Besides they have knowledge of languages like Sanskrit and its allied languages like Prakrit; Avestan and its allied languages like Old and New Persian; Turkish and its dialects like Chagatai. They have acquired intimate knowledge of epigraphy in various languages and dialects; archaeology and architecture to be able to accurately decipher and interpret stone edicts and archaeological relics.

The Council also decided that Ran Gu would write the modern parts of India’s history beginning with Gandhi and Nehru. As Nehru was a talented cricket player—which he played with his English cohorts while in England—it was felt Ran Gu’s intimate knowledge of the game would stand him in good stead in interpreting the sporting streak in Nehru’s psyche. Nehru’s classmates in Cambridge recall that he was a sportive player who played the game not for winning but for the game’s sake. When he bowled he pitched the balls not to hit the stumps but to fall at the feet of the opposing batsmen to enable them to strike them off the field. When he batted he let the balls that were pitched at his feet alone to enable opposing bowlers to score maidens. By the by, not many know but in the field of horse racing, the word maiden is used to denote a horse that never won a race!   

Ruma Li began at the beginning, when Mohamed Ghazni began distributing hoarded temple wealth to the masses. How did Ghazni distribute hoarded temple wealth if India had no history before the tenth century? Only bigoted Sanghi Bhakts who lack rationality and scientific–temper (SBWLRAST) ask such impudent questions. Ghazni found the wealth in the form of forbidden infidel idols made of gold, studded with priceless stones. Each idol was estimated to cost several hundred thousand dinars. He also found wealth estimated at millions of dinars, hidden in temple vaults groaning and begging to be liberated.

Ghazni was a socialist, whose heart bled and bled for the weak and downtrodden. What? The concept of ‘socialism’ did not exist in in the tenth century the way it was since the nineteenth century? You SBWLRAST! The word might not have been used then but it is the spirit of the noble thought that is to be understood and interpreted by true SRSTHs. As a true patriot, Ghazni took away the wealth to be distributed to the people of his country. He gifted a part of it to the Caliphate but it was not because he was a bigot but because of his true allegiance to his religion. 

The noble, scientific–tempered visionary Ghazni reasoned, quite appropriately, that if the wealth was distributed locally in Hindustan, it would make people lazy and stunt the progress of the society. With the noble intention of providing employment to masons, sculptors and other artisans Ghazni ordered the Sri Krishna temple in Mathura be doused in naphtha, burnt and razed to the ground. It was estimated that it would take two hundred years to recreate the architectural splendor and sculptural grandeur of the temple. The altruist Ghazni wanted thousands of masons, sculptors and other artisans to be gainfully employed for the next two hundred years! He also understood that any new construction on such scale would uplift the economic mood of the society. Earlier historians missed this noble streak in the character of Ghazni. In order to set right the imbalance Ruma Li devoted a chapter to nuance his character.

Ruma Li meticulously chronicled the good deeds of the subsequent conquerors. There was neither Ganga nor Yamuna before Babur arrived in north India and of course there was no Ganga–Yamuna tehzeeb. First Babur dug the Ganga and two harems later his grandson Akbar dug the Yamuna. In between them they planted the tehzeeb comprising nazrana, jabrana, shukrana and ‘drink, dance and make merry’.

………………

Disclaimer: This is a purely fictional, satirical piece.    

Agitprop Psyops Getting To The Judiciary?

Jurisprudence is an esoteric subject to the laity. Judges are demigods and lawyers their mediators! Despite this lofty public perception, Indian courts have in the past adjudicated matters which the laity might find frivolous and, in some cases delivered judgements which the laity might find bizarre. Some years ago a High Court sat on Gandhi Jayanti day (one of three compulsory Indian national holidays), to adjudicate a matter related to a cricket board!

 

In the Bhima Koregaon case in which ‘social activists associated with Maoist links’ were accused of making inflammatory speeches leading to wide–spread violence, the Supreme Court held that dissent was a safety–valve of democracy. It was another matter that the same Supreme Court not only refused bail to a journalist but when his lawyer pleaded that his life was in danger, gratuitously added in an obiter dictum, that for one whose life was in danger, a jail was the safest place to be in!

 

In 2015 the High Court of Punjab and Haryana decreed that jail inmates have a right to have sex with their partners! In 2018 the Bombay High Court determined that limiting only four players to a table in a game of rummy was unreasonable!

The Supreme Court’s decision in the Indian Social Action Forum (INSAF) vs the Union of India (CivilAppeal No.1510 of 2020—Arisingout of SLP (C) No.33928 of 2011) makes for curious reading. The NGO which claims to be “resisting globalization, combating communalism and saving democracy” filed the SLP in the Supreme Court challenging the Foreign Contribution (Regulation) Act,2010.

In what has become a standard template (for challenging Indian government acts by now), the NGO challenged the FCRA on the grounds that it violated its fundamental rights under Articles 14, 19 and 21 of the Indian Constitution. The Government contended that the appellant organisation is not entitled to invoke fundamental rights as they are guaranteed only to citizens and that the appellant organisation cannot be considered a citizen. While agreeing with the contention that being an organisation the NGO cannot invoke rights under Article 19, the Supreme Court has “read down” Clause 3. (VI) of the FCRA Rules which were framed based on the Act. Here is the relevant clause:

“3. Guidelines for declaration of an organisation to be of a political nature, not being a political party – The Central Government may specify any organisation as organisation of political nature on one or more of the following grounds:

(ii) Any Trade Union whose objectives include activities for promoting political goals;

(iii) Any voluntary action group with objectives of a political nature or which participates in political activities;

(iv) Front or mass organisations like Students Unions, Workers' Unions, Youth Forums and Women's wing of a political party;

(v) Organisation of farmers, workers, students, youth based on caste, community, religion, language or otherwise, which is not directly aligned to any political party, but whose objectives, as stated in the Memorandum of Association, or activities gathered through other material evidence, include steps towards advancement of Political interests of such groups;

(vi) Any organisation, by whatever name called, which habitually engages itself in or employs common methods of political action like ‘bandh’ or ‘hartal’, ‘rasta roko’, ‘rail roko’ or ‘jail bharo’ in support of public causes.”

The Court nuanced that while ‘bandh’, ‘hartal’ ‘rasta roko’ etc. are legitimate political activities, an NGO resorting to the same activities need not necessarily be categorised as a political organisation. Did the Court err in nuancing its interpretation of the law on the grounds that it was ‘vaguely’ or ‘ambiguously’ worded?

It is not apparent from the 23–page judgement whether the Court has gone into the antecedents of the NGO or even whether the government has brought them to its notice. Curiously, very is little is known of the organisation which calls itself Indian Social Action Forum shortened as INSAF with its tell–tale Arabic connotation. Its website does not give anything away. We do not know who its founders, directors or present administrators are. All we know is that it calls itself ‘a national forum of over 700 movements and NGOs in India’. Its website is full of ‘papers’, re–posted or hyperlinked from other sources, calling for halting every project which in anyway advances human progress from developing infra–structures to constructing nuclear power plants.

Among those hyperlinked is a paper by Ben Hayes entitled “Counter–Terrorism,‘Policy Laundering’ And The FATF—Legalising Surveillance, Regulating CivilSociety”. The number of NGOs/NPOs involved in the preparation and funding of the paper (which can be seen peppered across its pages) tells its own story. They include ‘Transnational Institute’, ‘Statewatch’ and ‘Catholic Organisation for Relief and Development’, shortened as Cordaid. While nations across the world struggle to control terrorist organisations, the paper calls for making the FinancialAction Task Force (FATF), ‘the global money laundering and terrorist financing watchdog’, virtually ineffective. It calls into question UNSC Resolution 1373 of September 28, 2011 which requires member nations “to criminalize the support of terrorism by freezing the assets of suspected terrorists”.

Can judges be absolutely dispassionate in adjudicating legal disputes? Or are they only too human to be ‘products of the times’ in which they live and work? Oliver Wendell Holmes Jr. (1841–1935), a U. S. Supreme Court justice known as “the Great Dissenter” was a study in contrast. He delivered judgments that made him look like a product of his times, like his judgement in the Virginia eugenics aka Buck vs Bell (1927) case. In marked contrast in the Lochner vs New York (1905) case he ruled removing the 60–hour per week work limit for bakery workers. But his ruling in the Schenck vs United States (1919) case is conspicuous for its interpretation of the US First Amendment, which protects US citizens’ freedom of speech from legislative interference. The ruling held that in times of war, national security takes precedence over individuals’ right to freedom of speech. 

Back home in India, are agitprop psyops getting to the judiciary?udiciary?

Anti–CAA Agitprop And Weathercock Intellectuals

Have you ever wondered what the biggest failure of India’s intelligentsia was? Let me tell you a story. It is a small anecdote from the tumultuous days of the French revolution between 1789 and 1799. A newspaper reporter was interviewing a leader of the revolution in a Paris café. As they were sipping coffee and chatting, a wildly howling mob shouting slogans stomped by along the adjoining street. The reporter wondered aloud what the procession was all about. On hearing this, the leader shouted “Oh my God, I am supposed to lead the procession” and ran out. At times when mass movements acquire a momentum of their own, revolutionary leaders might have to follow the mobs while pretending they were leading. But the intellectuals of a society are not weathercocks but its leading lights. They do not—and should not—sometimes follow while pretending to always lead. They should possess the moral fibre and intellectual integrity to pursue ideals even if they are unpopular.

The words honesty and integrity are interchangeable but are paired to amplify the meaning, in a figure of speech called synonymia. The word integrity is derived from the mathematical word integer, meaning a whole number, undivided and complete. There can be no partial honesty or fractional integrity. In the case of public intellectuals it is an all or none phenomenon. Lamentably many of our public intellectuals fail in this test.

As a test of the principle, consider the idea of freedom of expression. If a society cannot provide the protection needed for free expression of ideas, it is the public intellectuals who should hold themselves responsible for their failure to create the ambience for free flow of ideas. Is the principle of freedom of expression absolute or are there limits to it? If the public intellectuals champion absolute freedom on one occasion, but argue alibis for scuttling it on another occasion for political reasons, their vacillation cannot advance the cause of freedom of expression. It keeps the society splintered by competitive populism. If the public intellectuals swing with political winds they cannot expect the society to conform to abstract ideals.

Consider the ongoing agitation against the Citizenship Amendment Act (CAA) 2019. Let us look what citizenship means under various Indian laws. We will try to explain it in plain language devoid of legal lingo.  

The issue of citizenship is dealt with in the very beginning of the Indian Constitution (in Part II) just after nation and the powers of the national government are defined. Articles 5 to 11 are related to citizenship. While Part II confers citizenship to residents in the territory of India when the nation was formed, it also allowed for conferring citizenship to those Indians who remained in Pakistan at the time of partition and, those who went there after partition but wanted to return to India—before July 1948.

The Citizenship Act of 1955 defines natural and acquired citizenship in clauses 3 to 7. It flows from Part II of the Constitution and is enacted to amplify and encode rules and regulations for conferring citizenship. Here briefly are the modes that confer citizenship:

1.     Citizenship by birth (Clause 3)

2.    Citizenship by descent (Clause 4)

3.    Citizenship by registration (Clause 5)

4.    Citizenship by naturalization (Clause 6)

5.  Special provision as to citizenship of persons covered by the Assam Accord (Clause 6A)

6.    Citizenship by incorporation of territory (Clause 7)

There is no ambiguity about the nature or cause of partition of the country. Pakistan and its later splinter Bangladesh were formed as the Muslims of undivided India wanted a separate state for themselves. Many non–Muslims remained in Pakistan after partition either because they were complacent about their status despite the religious nature of the newly formed state or because of an inertia that held them back from making the long journey to India. It was also possible that they stayed back as they reposed faith in the assurances given by leaders of the nascent state who promised them complete religious freedom.  

What happened to them in the subsequent decades too needs no recounting. To put it simply their populations were decimated. Many of them had to flee to India, the only country in which they felt they could seek asylum.

All that the CAA does is to provide relief to persecuted minorities fleeing Afghanistan, Bangladesh and Pakistan who would otherwise be defined as ‘illegal migrants’ under Section 2 (1) (b) of the 1955 Citizenship Act. It does not take away the rights of anyone nor does it seek to strip bona fide Indian citizens of their citizenship. It does not abrogate the Clause 6 (Naturalisation) of the principal act by which anyone from outside can seek citizenship. There is a sunset clause in the CAA. It limits the ‘relief’ to those who entered India before December 31, 2014.

The conduct of the opposition parties has no surprises. Their objective is to usurp power, no matter how divisive and fraught with long–term consequences their modus could be. It is the conduct of the public intellectuals that should surprise. 

Those who are making a public spectacle of reading the Preamble in agitations across the country should carefully read the wording of Article 11 of the Constitution. It confers unqualified power to the Parliament to make provisions with respect to acquisition and termination of all matters relating to citizenship. Here is what it states:

“11. Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.”

Is the ongoing agitation mere tilting at windmills or a machination of deception, disinformation and psychological operations (known as Dee–Dee–PsyOps in the parlance of intelligence agencies), intended to intimidate the central government against bringing in progressive legislations like the Uniform Civil Code (UCC) and the Supreme Court hearing petitions against the abrogation of Article 370 and the CAA?