Of Governors and Chaotic Democracy

The events which occurred in Jharkhand from the declaration of election results till the night of 11 March was a misuse of constitutional office and flagrant attempt to subvert the law of the land. The drama unfolded with the controversial decision of the Governor, Syed Sibtey Razi, to invite Sibu Soren to form a government while his opponents, the NDA, was the largest pre poll alliance, short of four votes to claim a majority. The second stage was the righteous indignation displayed by the BJP-led NDA which later paraded its 36 legislators and 5 independents before the President, who summoned the Governor to New Delhi after their letters of support of the independents was ignored by the Governor. The third stage was the intervention of the Supreme Court directing the advancement of the vote of confidence to 11 March from 15 March to allay fears of horse trading. It thwarted the move of the Soren regime to nominate an Anglo-Indian member to gain advantage in the voting. What followed was mobocracy inside the State Assembly with the UPA members stalling the proceedings on the grounds that the protem speaker installed by them was not authorized to conduct a floor test, thereby committing contempt of court and stretching the limits of legislative autonomy.

The crisis is an omen of dangerous times, with the Congress Party acknowledged as the Grand Old Party of Indian politics, emerging as the worst subverter of democracy, party politics and propriety. The chain of events after the Manmohan Singh led UPA government came to power has witnessed the erosion of the 'divine values and rights' proclaimed by sycophants of the Congress, embedded in secularism, governance and federalism. It started with the move to reinvigorate the office of Governors by 'cleansing' it of individuals who were not adherents of the Congress ideology, and making it a tool to further the party's goals by manipulating the electoral mandate in Goa and Jharkhand.

This is not to hold a fig leaf for the illustrious opponents of the UPA regime, but to state that democracy cannot function by the mere presence of institutions but by respecting the space for diversity of opinion and ideas highlighted by the elections, especially by fractured mandates. Respect for democracy ideally implies recognition that non Congress parties have the same right to exist as the Congress in the political spectrum.

India's political history is replete with examples of attempts to centralize power by Congress in the states, by exercising control over state politics through the Governor where it was on a weak wicket. The major impetus to the politics of the late N T Rama Rao and other regional leaders was the issues of the Congress-led Central governments attempting to topple non Congress regimes in the states, and thus endangering federal democracy over the long run.

What Governor Sibtey Razi did could appear as political acumen to myopic Congressmen, who have justified any move adding strength to the UPA regime, under the garb of 'safeguarding' secularism. Political parties of all hues have contributed to this doctrine in India's political lexicon. The office of Governor has great sanctity, and he is seen as the defender of the Constitution in the federal units. Abuse of his office distorts the federal democracy and encourages regional movements to raise awkward issues confronted by various state governments.

The latest move to swear in the NDA government under Arjun Munda after the resignation of Sibu Soren, and belated attempts by the Central government to salvage its blemished public image has put a lid on the crisis. But the damage to federal norms and politics has been done. Questioning the limits of judicial intervention would appear fallacious and a diversionary tactic to raise the issue of alleged encroachment into the legislative domain, Arjun Munda sought judicial remedy. The Supreme Court's intervention was necessitated to calm the chaotic political environment created by the Governor and UPA.

Democracy should not be relegated to seer manipulation of numbers and subversion of the electoral mandates. Non adherence to conventions in case of unclear electoral verdicts would only project the office of Governors as the viceroys of the Central government.
Published on 16 March 2005, Institute of Peace and Conflict Studies.

URL:
http://www.ipcs.org/comm_select.php?articleNo=1674

Of Godhra, Governance and Laloo's Swansong

The timing for making the Banerjee Commission's interim report on the Godhra carnage public, followed by the histrionics of the Union Railway Minister and Bihar's strong man Laloo Yadav, could ignite a communal inferno. The release of the interim report has raised justifiable concerns as Laloo Yadav is the central figure in the Bihar elections and references to it has dented its credibility in wake of the attempts by Laloo Yadav to manufacture political capital over the Gujarat riots. His attempts to portray himself as the patron saint of secularism displays his callousness towards the populace by seeking to divert attention from his moral and political culpability of failing to adhere to the basic norms of governance.

Invoking the Interim Report of the Banerjee Commission during the assembly polls in Bihar is tantamount to playing the old game of vote bank politics. This is evident by Laloo Yadav's visit to Muslim-dominated areas and waving a copy of the report in the election rallies, and talking about punishing the guilty, which could hardly generate any kind of reassurance when the riot victims of the Bhagalpur riots in 1989 still wait for justice. The Bihar state government is yet to give compensation to the riot victims and the missing charge sheets from the police department is a telling tale of social justice in Bihar.

The issues confronting the Rashtriya Janata Dal government are manifold, which has made Bihar a functioning anarchy. Firstly, the proclivity of the likes of Pappu alias Rajan Yadav, a Member of Parliament, in subverting the rule of law. Secondly the reign of the armed gangs which have a relatively free run to threaten the lives and property of the people in the country side. Thirdly, the problem of exodus from the state to other parts of the country in search of employment and basic necessities, which had stoked parochial sentiments in these areas. Moreover there has not been any notable change in the last 15 years in the brutalization of the marginalized sections of society particularly the Dalits, with private armies and naxalites calling the shots. Ironically the Election Commission had severely reprimanded Laloo Yadav after it found him guilty of serious violations of the model code of conduct by distributing money to voters.

The situation in Bihar evokes both outrage and amusement when Laloo Yadav, the Railway Minister, tries to ensure governance by symbolic stunts like the introduction of Khullars (earthen cups) in the trains, which was presented as a vindication of Gandhian values and the celebration of 'rustic lifestyle' in a changing and globalizing India. But the fact that terror continues to haunt passengers from armed gangs and cases of unruly behavior of security personnel on certain train routes, suggests a very different picture.

One can argue that local politics should not be seen in isolation from national politics and that mocking at Bihar's social condition has become a refrain for India's anglicized middle class to complain about. Nevertheless questions about the governance in Bihar and norms of accountability cannot be brushed aside, with Laloo Yadav at the helm of affairs for over 15 years. A fair assessment of the state of governance under Laloo Yadav's leadership should transcend the much debated social phenomenon of the rise of the backward castes in Indian politics as there have been numerous examples of its utilisation for electoral purposes cutting across various political parties. Hence the politics of backwardness cannot serve as an alibi for bad governance and failure to deliver the goods.

With elections round the corner and polarization occurring on religious grounds communal harmony deserves greater attention. In this context, Laloo's war cry and contrived passion for secularism remains a source of concern. It must be noted that the judiciary has emerged in India as the conscience keeper in the wake of a dissolute political system and the much abused state apparatus in delivering social justice. Secularism and protection of rights of all sections of society are very significant issues which the Indian state and civil society have to seriously negotiate with. At the same time it cannot afford to be impervious to lawlessness, abject poverty and deprivation, which is prevalent in several parts of the country. But the larger question remains whether issues of governance and security can be encapsulated in empty promises and false piety, as the modern Nero of Bihar would like us to believe.

Published on 8 February 2005, Institute of Peace and Conflict Studies.

http://www.ipcs.org/comm_select.php?articleNo=1639

Politics of Conversions and Right to Equality

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Recent reports about the move by Rajasthan government to formulate a law to curb "forceful religious conversions" seeks to project an unbalanced picture about caste related oppression and the reaction by some quarters to trivialize the issue of religious freedom. The politics around conversion surfaced amid growing tensions between the Emmanuel Mission and some Hindu groups in Kota.

The event which kindled the tensions over religious conversions was the visit of a group of Christians from Andhra Pradesh and Tamil Nadu to Kota on 20 February to attend a Bible course offered by the Emanuel Mission. The issue rocked the State Assembly with both the Opposition Congress and BJP government trading charges regarding the role of the VHP and Bajrang Dal and its attempts to browbeat the Emmanuel Mission. The State government also asked 90 foreign delegates, mostly from the US, who had come to participate in the mission's programme to refrain from conversion activities.

Keeping the pressure on religious conversions the State Home Minister, Gulab Chand Kataria, lambasted the Emmanuel Mission and said that there were complaints about the mission converting illiterate and poor Hindus. He went on to stretch the logic by holding that conversions were the cause for strengthening secessionist movements in the Northeast, implicitly casting aspersions on the patriotism of people who convert to other faiths. Meanwhile, the Mission head Archbishop M A Thomas, who assured that no religious conversion or baptisms were held countered, "How can you refrain from preaching or practising religion?" thereby leaving space for ambiguity on the issue of conversion.

These developments and the political discourse keep the perennial fears of Hinduism being under siege alive that facilitate short term political gains but has the potential to stoke communal passions given the experience of recent years. But, ignoring the core issue of caste based oppression, which is one of the primary reasons for conversion to another faith, is an uncharitable ploy by the state government. The present move to curb conversion would only distract attention from the heart of the problem as Rajasthan does not have a credible record of safeguarding the rights of vulnerable sections like the Dalits. This raises an important question about the overzealousness of the state in defending people's faith whilst ignoring flagrant violations of individual/group rights on the basis of caste hierarchy.

The argument put forward by groups opposing the anti-conversion law is that it could be used to target the minorities. Such arguments have some validity given the National Commission for Minorities' letter to the Rajasthan and Maharashtra Home Secretaries to immediately provide protection to Christians and Christian properties. But, stretching this argument too far would again divert attention from the abominable condition of the Dalits. Even their conversion has not translated into their liberation.

Still religious conversion has a certain relevance as it offers the marginalized sections an alternative life, a moral weapon of protest against the discrimination institutionalized by the caste system. It has been established that conversion to a new faith does not necessarily result in social change as existing caste-class divisions continue to manifest themselves in new settings. The installment of Marampudi Joji as the first Dalit archbishop of the Roman Catholic Church in India (Hyderabad) in April 2000 was disapproved by his predecessor Archbishop Arulappa on the ground that the Vatican is not aware of 'ground realities'. He went on to add that the archdiocese of Hyderabad were unhappy with the Vatican's choice.

The most puzzling aspect is the ambivalence displayed by the Indian State on intervening in issues involving conflicts and violation of human rights on caste lines where the well-being of its citizens is under threat. The incident in Jhajjar district, where five Dalits were lynched to death over allegations of skinning a dead cow in 2002, and the series of incidents which have occurred later have only heightened the existing vulnerabilities and anxieties of the lower strata of Hindu society. Similarly, one should ponder how the Rajasthan government will defend the faith of the masses without according primacy to their constitutional right to life and dignity.

Published on 12 March 2005, Institute of Peace and Conflict Studies.

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http://www.ipcs.org/comm_select.php?articleNo=1669

The Trial of Shankaracharya and Tamil Politics

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The arrest of the Shankaracharya of Kanchi Kamakoti Peetam on the night of the 10 November, on charges of murder was truly dramatic, in a Dravidian style with the masses and the political elites being equally befuddled. Rightly so, one of the most revered heads of a religious institution, which has been in the forefront of spreading the message of Adi Shankara and insulating itself from worldly affairs, including the temptation to manipulate the political space, had remained above the fray till the arrival of his holiness Sri Jayendra Saraswati.

While there is unequivocal consensus about the issue of equality before law when it comes to the common people and includes godmen, which is vindicated by the unsullied state of law and order in the state, some questions and issues do arise given the volatile nature (anti-Brahmanism) of Dravidian politics and the sagging credibility of the State's commitment to social justice. Later filing of cases against the Seer have sought to implicate him with sexual impropriety, mysterious deaths of some inmates and so on, followed by a series of articles in the print media with elements of sleaze, outpourings of indignation, and suggestions to take over the institution, generating quite sweeping conclusions about the state of affairs in the Kanchi Peetam. This projects a sorry picture of a chaotic democracy corresponding with the colonial notions of an India struggling to break away from its image of a country of snake charmers and mystic godmen.

The political expedition (controversial mediation on Ayodhya issue) of Sri Jayendra is not peculiar to Indian politics as there have been many cases of other seers emerging as extra constitutional authorities. What marks a radical shift is that this is the first instance of the Kanchi Mutt taking up controversial and non-religious issues. There has also been a vehement campaign in favour and against the Institution (Mutt) drawing large sections of the public and political class into the controversy. So, given the gravity of the crime and the charges, there is also an urgency to check issues which could deflect attention from the trial - the attempts to politicize the case against the Pontiff and the move to invoke faith-based assertions of innocence in his defense to decide the course of the judiciary.

Such attempts have the potential of trivializing issues that lie at the core of democracy, like equality before the law and religious freedom. A vibrant democracy cannot afford to get enmeshed in rhetoric about the pontiff's extraordinary role in deciding 'cultural correctness and safeguarding puritanical faiths', as claimed by some political groups. Currently, two contradictory positions have surfaced in the public debates. Firstly that the institution has so far had an impeccable record of being involved in social and philanthropic ventures and has attempted to address the issue of amelioration of caste prejudices. Second, an institutionalized cynicism against a particular community, displayed by both the major political parties in their attempts to consolidate their electoral base.

Moreover, the political somersault by opposition parties in Tamilnadu is something that afflicts the Indian polity in general and could unduly affect the credibility of the trial. The DMK supremo, Karunanidhi, first welcomed the arrest and backtracked later blaming the Chief Minister of launching a personal vendetta against the Seer. This was followed by a mild intervention by the Prime Minister through his letter to Chief Minister Jayalalithaa, calling for due regard for the Seer's health and social standing! The attempt to politicize the case comes at a time when stakes are high for the political parties in the forthcoming assembly elections, with the ruling AIADMK gaining the lead after its dramatic elimination of the forest Brigand Veerappan. Secondly, there is a desire to woo smaller groups of the backward classes; by invoking caste and religious sentiments since the electoral arithmetic has placed AIADMK and DMK in an even position.

Finally, with the case being sub-judice, adequate restraint needs being exercised given the nature of divisive politics practiced by the political elites, which had led to the politicization of caste. Mishandling this issue by the state or media-based trial and sensationalization could generate national communal sentiments which might become difficult to control given the quest of some political groups to invoke the paranoia of 'Hinduism' being under siege.

Published on 13 December 2004, Institute of Peace and Conflict Studies.

URL:

http://www.ipcs.org/comm_select.php?articleNo=1584