Lord, Why Am I Banned from your Abode?

In the wake of Citizenship Amendment Act (CAA) UN High Commissioner, Michele Bachelet, has filed an intervention in the Supreme Court petition challenging the constitutionality of the Citizenship Amendment Act, as she is critical of CAA. Responding to her, India’s Foreign Minister S. Jai Shanker strongly rebutted her criticism, saying that the body (UNHCR) has been wrong and is blind to the problem of cross border terrorism. The issue on hand is the possibility of scores of people, mainly Muslims, being declared as stateless. The problem at hand is the massive exercise of going through the responses/documents from over 120 crore of Indian population and screening documents, which as seen in Assam, yield result which are far from truthful or necessary.

The issue of CAA has been extensively debated and despite heavy critique of the same by large number of groups and despite the biggest mass opposition ever to any move in Independent India, the Government is determined on going ahead with an exercise which is reminiscent of the dreaded regimes which are sectarian and heartless to its citizens, which have indulged in extinction of large mass of people on grounds of citizenship, race etc. The Foreign minister’s assertion is that it is a matter internal to India, where India’s sovereignty is all that matters! As far as sovereignty is concerned we should be clear that in current times any sovereign power has to consider the need to uphold the citizenship as per the principle of non-discrimination which is stipulated in Art.26 of the International Covenant on Civil and Political (ICCPR) rights.

Can such policies, which affect large number of people and are likely to affect their citizenship be purely regarded as ‘internal’? With the World turning into a global village, some global norms have been formulated during last few decades. The norms relate to Human rights and migrations have been codified. India is also signatory to many such covenants in including ICCPR, which deals with the norms for dealing with refugees from other countries. One is not talking of Chicago speech of Swami Vivekanand, which said that India’s greatness has been in giving shelter to people from different parts of the World; one is also not talking of the Tattariaya Upanishad’s ‘Atithi Devovhav’ or ‘Vasudhaiva Kutumbkam’ from Mahaupanishad today.

What are being talked about are the values and opinions of organizations which want to ensure to preserve of Human rights of all people Worldwide. In this matter India is calling United Nations body as ‘foreign party’; having no locus standi in the case as it pertains to India’s sovereignty. The truth is that since various countries are signatories to UN covenants, UN bodies have been monitoring the moves of different states and intervening at legal level as Amicus (Friend of the Court) to the courts in different countries and different global bodies. Just to mention some of these, UN and High Commissioner for Human Rights has often submitted amicus briefs in different judicial platforms. Some examples are their intervention in US Supreme Court, European Court of Human Rights, International Criminal Court, and the Inter-American Court of Human Rights. These are meant to help the Courts in areas where UN bodies have expertise.

 Expertise on this has been jointly formulated by various nations. These interventions also remind the nations as to what global norms have been evolved and what are the obligations of individual states to the values which have evolved over a period of time. Arvind Narrain draws our attention to the fact that, “commission has intervened in the European Court of Human Rights in cases involving Spain and Italy to underscore the principle of non-refoulement, which bars compulsory expulsion of illegal migrants… Similarly, the UN has intervened in the International Criminal Court in a case against the Central African Republic to explicate on the international jurisprudence on rape as a war crime.”

From time to time organizations like Amnesty International and Human Rights Watch have been monitoring the status of Human rights of different countries. This puts those countries in uncomfortable situation and is not welcome by those establishments. How should this contradiction between ‘internal matter’, ‘sovereignty’ and the norms for Human rights be resolved? This is a tough question at the time when the freedom indices and democratic ethos are sliding downwards all over the world. In India too has slid down on the scale of these norms.

In India we can look at the intervention of UN body from the angle of equality and non discrimination. Democratic spirit should encourage us to have a rethink on the matters which have been decided by the state. In the face of the greatest mass movement of Shaheen bagh, the state does need to look inwards and give a thought to international morality, the spirit of global family to state the least.

The popular perception is that when Christians were being persecuted in Kandhmal the global Christian community’s voice was not strong enough. Currently in the face of Delhi carnage many a Muslim majority countries have spoken. While Mr. Modi claims that his good relations with Muslim countries are a matter of heartburn to the parties like Congress, he needs to relook at his self gloating. Currently Iran, Malaysia, Indonesia and many Muslim majority countries have spoken against what Modi regime is unleashing in India. Bangladesh, our neighbor, has also seen various protests against the plight of Muslims in India. More than the ‘internal matter’ etc. what needs to be thought out is the moral aspect of the whole issue. We pride ourselves in treading the path of morality. What does that say in present context when while large section of local media is servile to the state, section of global media has strongly brought forward what is happening to minorities in India.   

The hope is that Indian Government wakes up to its International obligations, to the worsening of India’s image in the World due to CAA and the horrific violence witnessed in Delhi.

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. 

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.