Kandhamal: Long Wait for Justice

[email protected] (Ram Puniyani)
August 25, 2016

Today, nearly a decade later when we are remember with pain the horrific violence of Kandhmal in 2008, many issues related to the state of affairs of communal violence, state of minorities, the state of justice delivery system come to one’s mind.kandhamal

The incident

Just to recall, Orissa witnessed unprecedented violence against the Christian minority in August 2008. On August 23, 2008, Swami Laxmananand along with his four followers was killed, probably by a group of Maoists. Immediately, anti-Christian violence began on a big scale. The way it began it seemed as if preparations for it were well afoot. It was systematic and widespread. It sounded as if preparation was already there just the pretext was being awaited.

Christians in India

Christians are a tiny minority in India. Contrary to the perception that British brought Christianity to India, it is one of the oldest religions of India. Its spread has been slow. Not much was heard against this minority till the decade of 1990s, when suddenly it started being asserted that Christian missionaries are converting. Anti-Christian violence has been occurring more in the remote-interior places and is accompanied by another phenomenon, that of Ghar Vapasi (return home), which is the conversions of Adivasis into the fold of Hinduism, by Vishwa Hindu Parishad-Vanavasi Kalyan Ashram.

It is from 1996, that this phenomenon of conversion-anti Christian violence has captured the attention of all of us. Suddenly, as if from nowhere has descended the ‘threat of conversion to Christianity’ by force or fraud. Simultaneously, attacks on priests and nuns increased in distant interior places. It has been a peculiar phenomenon that while these attacks in remote places were being undertaken, the Christian institutions in cities – schools, colleges and hospitals – were hard pressed to cope with the demands on their services related to education and health. The selective targeting of Christian missionaries in distant places was a matter of serious attention, concern and introspection.

Social Common Sense

As the ‘social common sense’ started accepting, ‘yes, they are converting’, ‘they have been converting’, a sort of silent approval of layers of society and state officials did accompany these attacks on the missionaries. One was used to hearing about attacks on Muslim minorities so far. How come a new minority came to be perceived as the ‘source of trouble’ and hence started being targeted?

Anti Christian violence did begin with isolated incidents like the attack on the Catholic Health Centre of India near Latur (1996), burning of Bibles and attacks on the Christian congregations. But most shocking was the burning alive of Pastor Graham Steward Stains (1999, January) along with his two sons, Philip and Timothy, aged 9 and 7 years, who were sleeping in a jeep after a village festival. Gradually the pattern of these attacks started emerging. In the remote places where Vanvasi Kalyan Ashrams (Society for Welfare of Forest Dwellers), an outfit of RSS, have been active and doing the propaganda work along with starting of Ekal schools and have been Hinduising Adivasis, the incidents were more pronounced and intense.

Anti Christian Violence: Characteristics

The violence against Christian missionaries has by now become a matter of routine. Unlike the anti Muslim pogroms-violence, it has been scattered and generally low key, occurring at sporadic intervals. Barring few dastardly acts like Pastor Stains’ burning and Rani Maria’s being hacked to death the incidents were medium in intensity and did not take the shape of carnage or pogrom against the community till the one in Orissa (December 2007 and later August 2008). The occurrence of these incidents was mostly in places that are having rampant poverty and illiteracy. The apathy in highlighting these core issues, deprivations, by a section of media was appalling. At the same time, by word of mouth the propaganda against Christian Missionaries was intensified.

The message has been spread that Christian missionaries working in remote places are soft targets and one can get away without much reprisals. Also the anti-Christian mobilization of Adivasi youth through cultural manipulation was the groundwork on which the anti-Christian violence could sustain. In the atmosphere created by the activities of RSS progeny, local communal groups have felt emboldened to pick up any small issue and to make a violent incident out of it. Its’ frightening effect on the victims is tremendous. It also begins to polarize the local communities into Christian and non-Christian camps amongst whom the seeds of tension are sown.

Cultural: Agenda

The physical violence has been accompanied by cultural manipulation in these areas. The silent work to Hinduise Adivasis through religio-cultural mechanisms has been stepped up from last three decades. People like Swami Aseemanand (Dangs), Swami Laxmanand (Kandhmal, Orissa), followers of Asaram Bapu (Jhabua, MP) began their work in popularizing Hindu gods and Goddesses in the region. The choice of Gods/Goddesses from the vast pantheon of Hindu religion was a clever one. Here Shabri (Symbol of poverty and deprivation) was the main goddess, the idol for Adivasis. Temples in her names were started and regular Kumbhs (mass religious congregation of Hindus) were organized in her name. Kumbhs have been a tradition in Hinduism on fixed interval of time on the banks of Holy rivers; Ganges in particular. Modifying that tradition, these Kumbhs were organized in Adivasis areas. Here the work of conversion to Hinduism, the spread of ‘Hate against’ foreigners’, particularly Christians, was spread. In addition an atmosphere of terror was created against those who do not toe the line of Vanavasi Kalyan Ashram.

Similarly the God Hanuman, the foremost devotee of Lord Ram was also made popular, by spreading his lockets and through different stories around him, in the Ekal Schools and Sarswati Shishu Mandirs. It created an atmosphere of divide in the Adivasi areas; Adivasis turned Hindus, the Hindu dalits and upper caste versus the Christians. It is this atmosphere of divisiveness, which has been at the root of the violence in these areas.

Political Agenda

This has been a part of the different activities undertaken by RSS combine to promote the agenda of Hindu nation. While RSS has floated many a organizations to communalize different sections of society, BJP, VHP, Bajrang Dal, etc. it has also unleashed a set of cultural activities, set of educational institutions along with infiltration in media, bureaucracy, police and military. They are gradually imposing the idea of Hindu nation and accompanying culture and ideas. The culmination of this has been the violence against minorities, polarization of communities along religious lines and ghettoization of minorities. While all this is going on the violence against minorities’ is the most visible part of this phenomenon.

The role of state agencies has been no different in these incidents than what it has been in the anti Muslim violence. In most cases, the administration has looked the other way when communal goons were on the rampage. The administration most often provided enough leeway for them to wreck havoc, indulge in intimidation, violence and to get away with that. The Adivasi areas, which were so far peaceful, started witnessing communal tensions. The area of violence in Adivasi regions is synonymous with the map of spread of Vanvasi Kalyan Ashrams and Vishwa Hindu Parishads in an indirect way.

RSS had been floating different organizations for different sections of society; Vanvasi Kalyan Ashram, to Hinduise Adivasis was founded in 1952 and the Vishwa Hindu Parishad founded in 1964 was to play an important role in the anti Christian tirade in times to come. Another RSS progeny which, directly supported violence against Christians, Bajrang Dal, was founded by RSS in 1984. After the intimidation and browbeating of Muslim minorities, especially after the post Babri demolition Mumbai riots, they stepped up their social dominance and needed another community to target their trishuls for further expansion of their social and electoral base, and that was done by the bogey of forced conversions and accompanying anti Christian violence, which started coming to the fore from 1996 onwards. The targeting of minorities has played an important role in polarizing the communities, in consolidation of the majoritarian politics in various ways.

The burning of Pastor Stains, in that sense was a turning point for Human rights groups, who so far were trying to grapple and respond to the anti Muslim violence. With this many concerned groups took up the investigations of the violence against Christians in the right earnest. As such, the first major cover up had to be undertaken by the BJP led NDA Government itself, in the aftermath of Stains murder. Initially, as a fire fighting measure, the functionaries of the NDA government tried to give a clean chit to the RSS combine. After the murder, the then home minister Lal Krishna Advani stated that he knows Bajrang Dal very well and this act could not have been done by that organization. To put a veil on the episode, the three cabinet ministers, George Fernandez, Murli Manohar Joshi and Navin Patnaik rushed to the site and proclaimed that the murder of Pastor is an international conspiracy to destabilize the BJP Government. This way they tried to bypass the real issue, i.e. involvement of Dara Singh, an activist of Bajrang Dal.

Struggle for Justice: People’s Tribunals

The case of Orissa was specifically investigated by India Peoples Tribunal, led by Justice K.K.Usha (retired) of Kerala High court in 2006. This tribunal forewarns about the shape of things to come. This tribunal assessed the spread of communal organizations in Orissa, which has been accompanied by a series of small and large events and some riots…such violations are utilized to generate the threat and reality of greater violence, and build and infrastructure of fear and intimidation. It further noted that minorities are being grossly ill treated; there is gross inaction of the state Government to take action. The report also describes in considerable detail how the cadre of majoritarian communal organizations are indoctrinated in hatred and violence against other communities it holds to be inherently inferior. If such communalization is undertaken in Orissa, it is indicative of the future of the nation… the signs are truly ominous for India's democratic future.

It is in this backdrop that when the Kandhamal carnage took place, the offense of RSS affiliates, the lapses and partisan behaviour of state machinery, the lack of rehabilitation and deliverance of justice came as a big jolt to the victims and became the matter of concern for human rights groups. The lack of proper investigation and other actions on the part of state were the key for getting justice for the victims. While many a sincere, scattered efforts to help the afflicted were undertaken by different groups. These efforts were effective but inadequate in their reach. The tribunal organized for Orissa violence under Justice A. P.Shah (Retd) brought out the truth of the carnage. The hope was that the victims will be suitably rehabiliatated and get justice.

This tribunal observed, (excerpts)
“The appalling feature of the Kandhamal violence, where rescue and relief work by non-profit, charitable and humanitarian organizations was prohibited through a government notification, indicates the impunity with which the state government acted, and its scant respect for rule of law and human rights of the victim-survivors of the violence.”...

“The dismal conditions in the government-run relief camps are clearly indicative of the indifference of the state government to the plight of victim-survivors.”...”The testimonies of victim-survivors as well as the reports presented to the Tribunal indicate that victim-survivors were forcibly sent back to their villages, or abandoned near their villages, with total disregard to their safety.”...“Peace-building Initiatives: The fact that many victim-survivors are unable to return to their villages due to threats and intimidation by perpetrators, and many of those who have returned continue to live in constant fear and security, lead us to conclude that the state government’s peace initiatives have been a dismal failure and nothing more than an eyewash.”

It also made lot of recommendations about relief, rehaibilation, compensation and justice. This excerpt is very telling “Implementation of State’s Duty Towards Peace-building, Voluntary Return and Reintegration: The State should recognize the Internally Displaced Persons’ right to return to their homes and create all possible enabling conditions to facilitate such safe return in accordance with the above standards. The state ought to discharge its duty of creating a conducive, safe and peaceful environment that can sustain return or re-integration of victim-survivors through access to public services, legal and personal documentation, and to livelihoods and income-generating opportunities without any form of discrimination.”

As usual the recommendations of the tribunal remain in the limbo. The heartening feature of struggle for justice in Kandhamal is the dogged determination of the victims and human rights activists to get the justice. This is also the time to understand that justice is a long term goal also which requires a programmatic alliance between the struggling sections of society, be it dalits, Adivasis, women, workers or struggling sections of society. In the light of growing intolerance in society, in the light of the growing stifling of the democracy society the need to build social alliances to preserve democracy and human rights is all the more crucial at this juncture.

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Ram Puniyani
February 29,2020

Like most of the political phenomenon, even the practice of Nationalism is not a static one. It changes with the changing political equations of the political forces and assumes the expressions which are very diverse. As such the phenomenon of Nationalism has a long journey and various state policies in particular have used it for purposes which relate more to the power of the state ‘vis a vis’ its people, power of the state ‘vis a vis’ the neighboring countries among others.

In India there has been a certain change in the practices of the state which have transformed the meaning of Nationalism during last few years. Particularly with BJP, the Hindu Nationalist outfit gaining simple majority, it has unfolded the policies where one can discern the drastic change in the meaning and application of Nationalism in regard to its citizens, particularly those belonging to minority community, with regard to those who are liberal, and with those who stand with the concept of Human rights.

Our former Prime Minister of Dr. Manmohan Singh hit the nail on the head when he said that “Nationalism and the "Bharat Mata Ki Jai" slogan are being misused to construct a "militant and purely emotional" idea of India that excludes millions of residents and citizens. Former Prime Minister recently stated this in an apparent attack on the BJP.” The occasion was the release of a book, ‘Who is Bharat Mata’, edited by Purushottam Agarwal and Radhakrishna. This is a compilation of significant extracts from writings of Nehru, and important assessments of and contributions of Nehru by prominent personalities.

Dr. Singh went on to add "With an inimitable style…Nehru laid the foundation of the universities, academies and cultural institutions of Modern India. But for Nehru's leadership, independent India would not have become what it is today," This statement of Dr. Singh has great importance in contemporary times, as Nehru is being denigrated by Hindu nationalists for all the problems which India is facing today and attempts are on to undermine his role and glorifying Sardar Vallabh Bhai Patel. This is also significant as it gives us the glimpses of what Nationalism meant for Nehru.

As Singh’s statement captures the present nationalism being practiced by BJP and company, the Hindu nationalists, immediately shot back saying that Dr. Singh is supporting the anti India activities at JNU and Jamia and his party is supporting the anti India nationalists. They asked whether Singh likes the nationalism of the likes of Shashi Tharoor or Manishankar Ayer who are provoking the Shaheen Bagh protest rather than making the protestors quiet. Whether he likes the anti national protests which go on at JNU or Jamia? As per them there is no Nationalism in Congress. One more example being cited is the private visit of Shatrughan Sinha who talked to Pakistani President during his visit there recently!

Most of the arguments being used to oppose Dr. Singh are very superficial. What is being referred to; is not opposition to Indian nationalism and its central values which were the core of anti colonial struggles. While ‘Bharat Mata Ki Jai’ may not be acceptable to a section of population, even the book he was releasing has the title ‘Who is Bharat Mata’. What is being stated by Singh is the twist which slogan ‘Bharat Mata ki Jai’ has been used by Hindu nationalists to frighten the religious minorities.

Indian nation came into being on the values, which later were the foundation of Indian Constitution. Indian Constitution carefully picked up the terminology which was away from the concepts of Hindu or Muslim nationalism. That’s how the country came to be called as ‘India that is Bharat’. The freedom of expression which was the hallmark of freedom movement and it was given a pride of place in our Constitution. It respected the diversity and formulated rules where the nation was not based on particular culture, as Hindu nationalists will like us to believe, but cultural diversity was centrally recognized in the Constitution. In addition promoting good relations with neighbors and other countries of the World was also part of our principles.

JNU, Jamia and AMU are being demonized as most institutions so far regard the freedom of expression as a core part of Indian democracy. These institutions have been thriving on discussions and debates which have base in liberalism. Deliberately some slogans have been constructed to defame these institutions. While Constitution mandates good relations with neighbors, creation of ‘Anti Pakistan hysteria’ is the prime motive of many a channels and sections of other media, which are servile to the ideology of ruling Government. They also violate most of the norms of ethical journalism, where the criticism of the ruling party is an important factor to keep the ruling dispensation in toes.

A stifling atmosphere has been created during last six years. In this the Prime Minster can take a detour, land in Pakistan to have a cup of tea with Pakistan PM, but a Congress leader talking to Pakistani President is a sign of being anti National. Students taking out a march while reading the preamble of Indian Constitution are labeled as anti-national; and are stopped while those openly wielding guns near Jamia or Shaheen Bagh roam freely.

Nationalism should promote amity and love of the people; it should pave the way for growth and development. Currently the nationalism which is dominant and stalking the streets has weakened the very fraternity, which is one of the pillars of our democracy. Nehru did explain that Bharat Mata is not just our mountains, rivers and land but primarily the people who inhabit the land. Which nationalism to follow was settled during the freedom movement when Muslim nationalism and Hindu nationalism were rejected by the majority of people of India in favor of the Nationalism of Gandhi, Nehru, Patel and Maulana Azad, where minorities are equal citizens, deserving affirmative action. In today’s scenario the Hindu nationalists cannot accept any criticism of their policies.

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Ram Puniyani
May 2,2020

India has tragically witnessed the phenomenon of lynching becoming dominant during last few years. It was particularly around the issue of Holy Cow-Beef, that lynchings became more prevalent and two communities had to face the brunt of it, Muslims and dalits. The IndiaSpend data showed the rise of the incidents from 2014 and that close to 90% of victims were Muslims or dalits. Some notorious cases of lynchings were the one of Akhlaq, Junaid, Alimuddin Ansari, the beatings of dalits in Una. At another level it is during this period that the noted social worker Swami Agnivesh was also subjected to humiliating beating in the public. The communal color in India by now is so strong that many events, even before the details are known, are looked at from the communal color and false social noises start even before real facts are known.

Nothing can exemplify this more than the tragic lynching of two sadhus and their driver in Gadchinal village, near Palghar, a city nearly 110 Kilomenters from Mumbai. As the news of this tragedy spread the BJP leaders immediately started blaming Muslim minority for the crime. Nalin Kohli in an Interview to a German Channel said so. Not to be left behind Sambit Patra, the BJP spokesperson launched a tirade  against the liberals-seculars for their silence on the issue. As the matter stands the truth comes out that those sadhus were travelling to Surat from Kandivli area of Mumbai. It is a period of lockdown and they did not have the permission so they were avoiding the highway travel and going through interior routes. On this route was a village Gadchinale, an Adivasi dominated village where this tragedy took place.

During the lockdown period due to Corona virus the economic and social deprivation of poor people is extreme. Many rumors are floating there. In this village the rumor doing rounds was that a gang of chid lifters is roaming in different guises. Thats what these Sadhus were taken to be. Since the victims were Hindus and culprits are deliberately presumed to be from the other community. One recalls that to trigger the Mumbai violence in 1992-93 the incidence of murder of two Mathadi workers (HIndus) and burning of Bane family (Hindu) in Jogeshwari area of Mumbai, both these were false, these incidents were used as the pretext for the attack on the minorities.

In this case not only BJP leaders, the RSS itself also  jumped into fray along with Sadhu Samaj. A vicious atmosphere started building up. 

As the incident took place, Palghar case dominated the usual media channels and large sections of social media. The Government of Maharashtra (Shiv Sena+NCP+Congress) stood on the solid ground of truthfulness and arrested nearly 100 culprits, none of them being a Muslim. Interestingly the local body of the village is controlled by BJP and the chief of this body Chitra Chowdhari is a BJP leader. While the Maharashtra Government is standing on the solid ground of the facts of the case, it has also given the warning that those spreading falsehoods will not be spared.

The cruelty of those taking law into their hands is shocking. During the last few years taking law into the hands of the mobs is becoming close to normal. The real reasons are many. One of this being the lack of proper punishment to those who indulge in such dastardly acts. Not only that many of them are in the good books of the ruling establishment and many of them are honored despite their despicable role in such incidents. One recalls that in case of Mohammad Ikhlaq lynching, one of the accused died in the police custoy due to incidentlal disease. Then Union Central Minister Mahesh Sharma landed up to drape his body in tricolor. In another such case of Alimuddin Ansari, when eight of the accused got bail, the Union Minister Jayant Sinha garlanded them. What message it sends down the line?

The other factors contributing to the rise in intensity of violence is the overall social frustration due to life generally becoming more difficult. The rule of BJP has also encouraged intolerance, where people with differing opinions are looked down upon and called anti- Hindu, Anti National etc. Swami Agnivesh who criticised the blind faith, the statements like ‘plastic surgery in ancient India, or divine nature of Barfani Baba in Amarnath was humiliated in public.

The core issue is the dominance of sectarian mindset promoted by the ruling party and its parent organization the RSS. They are waiting to jump at any event which can be given communal color or where the minorities can be demonized. Few news channels, who are playing the role of loud speakers of divisive politics are adding salt to the wounds. The degree of Hate spread in the society has further taken the aid of innumerable social media networks to spread the false hoods down to all the sections of society.

The need for law against lynching needs to be brought in. All those participating in such dastardly violence need to be punished. Before that the whole atmosphere of Hate mongering and feeling that those talking law into their hands can get away with it, needs to be countered strongly. While a prompt police action against such incidents is the need of the hour, those who have made spreading hate as their business need to realize that no country can progress without the feeling of fraternity. Demonizing weaker sections may give them higher TRP, but it is also undermining our path of peace and progress.

Respect for Indian Constitution and rule of law needs to be restored. The fact check mechanisms like AltNews need to be activated much more. And lastly one must applaud the steps taken by the Government of Maharashtra to ensure that justice is done and Hate spreading is  checked right in its tracks.

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Amar Akbar Antony
 - 
Wednesday, 24 Jun 2020

Beautiful article. We need people like you- the need of the hour.

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Ram Puniyani
June 29,2020

In Minneapolis, US an African American, George Floyd lost his life as the white policeman, Derek Chauvin, caught hold of him and put his knee on his neck. This is a technique developed by Israel police. For nine long minutes the knee of the while policeman was on the neck of George, who kept shouting, I can’t breathe.

Following this gruesome murder America erupted with protests, ‘Black lives matter’. The protestors were not just African Americans but also a large section of whites. Within US one police Chief apologized for the act of this. In a touching gesture of apology the police force came on its knees. This had reverberations in different parts of the World.

The act was the outcome of the remnants of the racial hatred against blacks by the whites. It is the hatred and the perceptions which are the roots of such acts of violence. What was also touching that the state of democracy in US is so deep that even the police apologized, the nation, whites and blacks, stood up as a sensitive collective against this violence.

US is not the only country where the brutal acts of violence torment the marginalized sections of society. In India there is a list of dalits, minorities and adivasis who are regularly subjected to such acts. But the reaction is very different. We have witnessed the case of Tabrez Ansari, who was tied to the pole by the mob and beaten ruthlessly. When he was taken to police station, police took enough time to take him to hospital and Tabrez died.

Mohsin Sheikh, a Pune techie was murdered by Hindu Rashtra Sena mob, the day Modi came to power in 2014. Afrazul was killed by Shambhulal Regar, videotaped the act released on social media. Regar believed that Muslims are indulging in love Jihad, so deserve such a fate. Mohammad Akhlaq is one among many names who were mob lynched on the issue of beef cow. The list can fill pages after pages.

Recently a young dalit boy was shot dead for the crime of entering a temple. In Una four dalits were stripped above waste and beaten mercilessly. Commenting on this act the Union Minister Ramvilas Paswan commented that it is a minor incident. Again the list of atrocities against dalits is long enough. The question is what Paswan is saying is the typical response to such gruesome murders and tortures. In US loss of one black life, created the democratic and humane response. In India there is a general silence in response to these atrocities. Some times after a good lapse of time, the Prime Minister will utter, ‘Mother Bharati has lost a son’. Most of the time victim is blamed. Some social groups raise their voice in some fora but by and large the deafening silence from the country is the norm.

India is regarded as the largest democracy. Democracy is the rule of law, and the ground on which the injustices are opposed. In America though the present President is insensitive person, but its institutions and processes of democratic articulations are strong. The institutions have deepened their roots and though prejudices may be guiding the actions of some of the officers like the killer of George, there are also police officers who can tell their President to shut up if he has nothing meaningful to say on the issue. The prejudices against Blacks may be prevalent and deep in character, still there are large average sections of society, who on the principles of ‘Black lives matter’. There are large sections of vocal population who can protest the violation of basic norms of democracy and humanism.

In India by contrast there are multiple reasons as to why the lives of Tabrez Ansari, Mohammad Akhlaq, Una dalit victims and their likes don’t matter. Though we claim that we are a democracy, insensitivity to injustices is on the rise. The strong propaganda against the people from margins has become so vicious during last few decades that any violence against them has become sort of a new normal. The large populace, though disturbed by such brutalities, is also fed the strong dose of biases against the victims. The communal forces have a great command over effective section of media and large section of social media, which generates Hate against these disadvantaged groups, thereby the response is muted, if at all.

As such also the process of deepening of our democracy has been weak. Democracy is a dynamic process; it’s not a fixed entity. Decades ago workers and dalits could protest for their rights. Now even if peasants make strong protests, dominant media presents it as blocking of traffic! How the roots of democracy are eroded and are visible in the form where the criticism of the ruling dispensation is labelled as anti National..

Our institutions have been eroded over a period of time, and these institutions coming to the rescue of the marginalized sections have been now become unthinkable. The outreach of communal, divisive ideology, the ideology which looks down on minorities, dalits and Adivasis has risen by leaps and bounds.

The democracy in India is gradually being turned in to a hollow shell, the rule of law being converted in to rule of an ideology, which does not have faith in Indian Constitution, which looks down upon pluralism and diversity of this country, which is more concerned for the privileges of the upper caste, rich and affluent. The crux of the matter is the weak nature of democracy, which was on way to become strong, but from decades of 1980s, as emotive issues took over, the strength of democracy started dwindling, and that’s when the murders of the types of George Floyd, become passé. One does complement the deeper roots of American democracy and its ability to protect the democratic institutions, which is not the case in India, where protests of the type, which were witnessed after George Floyd’s murder may be unthinkable, at least in the present times. 

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