Article 19: December 2019

Mute Spectator : And the Winner of the Year is!!

Mute Spectator December 31, 2019

One of the key components of a democratic system is its electoral process. It gives a direct opportunity for its people to either reward or punish those who were in the seat of power and to also seek an alternative in whose ideas they believe in. So, this opportunity of the people is utilised through a medium in the form of a hardware. Thereby, the entire belief in the electoral process lies centered in a single piece of hardware called the EVM (Electronic Voting Machine). Nowadays, EVM is accompanied with a VVPAT (Voter Verifiable Paper Audit Trail). As an outcome, it is the responsibility of the Election Commission of India to provide a fool proof system in which every genuine vote doesn't go unaccounted for.

Just like every other field, elections in India too had its own transition phase. From ballot boxes to EVMs, the significance of the transition has been phenomenal. From a time of booth capturing to a CCTV monitored polling, the system has transformed to modernity. I am nowhere ascertaining that we have a complete fool proof system but it is perpetual ignorance to undermine our efforts for a free and fair electoral process. Again, the entire effort for free and fair elections lies centered in its medium of polling - the EVMs.

So how credible is the EVM??

EVM is a stand-alone, non-networked, one time programmable machine. An EVM is neither computer controlled nor connected to the Internet or any network and hence tamper proof. Various checks and balances are in place so that no manipulation can take place. It has stood its own test of time and speaks for its credibility in highly polarised times where parties and individuals don't even spare institutions even though if it comes with a cost.

So, what's the fuss around??

In recent times, politicking around the EVMs credibility has leapfrogged. Whenever a party loses election, it has become a fashion to create a fuss around the credibility of the EVMs. Those speaking of constitutional morality had made it a set pattern to blame it on the hardware without any reliable evidence. This narrative completely changes when the same party wins another election. This duplicity of political parties undermining the electoral system as they like is idiocy in its best. Parties popularising this claim of EVMs being tampered, manipulated or being hacked after votes being polled and devoid of proof is an assault on the rights of the people who have voted any specific party to power. Rather than analysing their cause for the setback in the elections and course correcting themselves accordingly, parties take the easier route by entirely blaming the EVMs.

Sam Pitroda from the Indian National Congress claimed, "The Electronic Voting Machine (EVM) technology is prone to manipulation and the EVM technology used in India is obsolete". Another INC senior and prominent advocate Kapil Sibal attended an event in London to demonstrate EVM hacking. Not withholding the ruling dispensation, the BJP supremo L.K Advani claimed that EVMs are not foolproof and there is a need to return to paper ballot after their defeat in the 2009 General Elections. A former psephologist and a current BJP MP G.V.L Narasimha Rao wrote a book on the subject 'Democracy at risk, Can we trust our Electronic Voting Machines'. Same is the case for every major party. It has become a template for electoral defeat.

Yes, there might be genuine concerns about the machine. As a stakeholder, the concerned parties should raise the issue legitimately, if not juxtaposing it with the results and using it as an alibi for defeat. We are seeing a situation where everyone comes up with a problem and no one with the solution.

To quote Pranab Mukherjee here,

"If we want to strengthen institutions we have to keep in mind institutions are serving well in this country and if democracy has succeeded, it is largely due to the perfect conduct of elections by Election Commissioners starting from Sukumar Sen to the present Election Commissioners".

This statement was made on May 20, 2019 just 3 days before the results of the General Elections, 2019.

A Picture that speaks for itself,

One good fanatical story that I have been hearing and reading since 2014 is that the central ruling party is able to win most of the assemblies by manipulating the EVMs. If that is the case, how come the saffronisation of India has shrunk to a larger extent? Just because to save face and to seek a political mileage, most parties comfortably use this abrupt lie.

Democracy is by and large an idea of the people, if political parties can't accept the people's verdict then how good a democracy is that? Talking about Institutional destruction on one hand and defaming the same institution for a political loss is similar to the pot calling the kettle black.

This year has seen 7 Assembly Elections and one of the great spectacles of democracy - The Indian General Election- 2019. Regional parties have taken the Vidhan Sabha starting from Andhra Pradesh, Odisha, Sikkim, Maharashtra and Jharkhand. Bharatiya Janata party has lost significantly starting from Andhra Pradesh, Odisha, Maharashtra and Jharkhand. There is nothing to gain by demeaning the people's verdict and the medium of polling. It's time to rest the conspiracies around the Electronic Voting Machine and this year has shown that they are nothing more than conspiracies. Political parties need to be benevolent during electoral setbacks and should not look for short lived face saving measures resulting in institutional undermining.

India today

Finishing off with a quote by Abraham Lincoln, "The ballot is stronger than the bullet". Don't make a joke of it unless there is one seriously.

JAI HIND.

By Sathish T K

Mute Spectator is the primary series of the blog where we express our opinions on current affairs.

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Excerpts: Operation Bandar

Books December 30, 2019

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Excerpts : Camaraderie

Books December 25, 2019

23 March, 1931, Began like any other day in Lahore Central Jail.

The three young revolutionaries were moved out of their cells to prepare them for the hanging. BHAGAT SINGH, SUKHDEV THAPAR and SHIVARAM RAJGURU locked arms and strode behind the sentries and broke into their favourite freedom song:

Kabhi woh din bhi ayega

Ke jab azad hum honge

Yeh apni hi zamin hogi

Yeh apna aasman hoga

Shahidon ki chitaon par

Lagenge har baar mele

Watan par marne walon ka

Yahi nam-o-nishan hoga.

(Someday that day will come when we are free/

This will be our land and our sky/

People will gather in the grounds where once/

Martyr’s pyres were lit/

A tribute to all those who/

Gave their lives for their land.)

The three men were weighed - they all had gained weight -and asked to take their last bath. They were then dressed in black robes. Their faces were left uncovered. Jail warden Charat Singh whispered into Bhagat Singh’s ears to pray to Wahe Guru. Bhagat replied, ‘All my life I have never prayed. As a matter of fact, I have many a times abused God for the miseries of the poor. If I were to ask now for His forgiveness, He will say, “Here is a coward who seeks forgiveness because his end has come”, declining with a smile.

Dusk fell as the prisoners waited to hear the sound of footsteps in the passage outside their cells. When the jail gong struck six they heard muffled voices in the distance accompanied by the thud of heavy boots and faint snatches of a familiar song, ‘Sarfaroshi ki tamanna ab hamare dil me hein…’ And then the sound ‘Inquilab Zindabad!’ and ‘Hindustan Azad Ho!’ rent the air. The prisoners began to sing ‘mai rang de mera basanti chola..’ (Mother prepare my clothes for martyrdom) and fervently shouted ‘LONG LIVE REVOLUTION’ and ‘DOWN WITH IMPERIALISM!’ their urgent voices resounding through the corridors of Lahore Central Jail.

The three men to be sentenced to death stood on separate wooden planks, with a deep ditch running below them. Bhagat Singh stood in the centre. He wanted to fulfil his mother's last wish and shout ‘LONG LIVE REVOLUTION’ from the scaffold.

The noose was tightened around the necks of the three young revolutionaries. Their hands and feet were tied. They kissed the rope that looped their necks. Then the hangman asked who would go first. Sukhdev said that he would. The hangman pulled the ropes one by one and kicked the rafters from under their feet.

The bodies remained hanging from the scaffold for a long time. Finally they were brought down and examined by a doctor. Bhagat Singh, Sukhdev and Rajguru were pronounced dead. One jail officer was so moved by the courage of the young revolutionaries that he refused the order to identify the dead. He was suspended on the spot. A junior officer did the job instead. Two British officers, one of them the superintendent of the jail, certified the deaths.

This is an excerpt from the book “WITHOUT FEAR,THE LIFE AND TRIAL OF BHAGAT SINGH” written by renowned journalist and author - KULDIP NAYAR.

These three great martyrs of our land started their journey (Rajguru joined the duo in Hindustan Republican Association) together, fought together, faced conviction together and were hanged together. Camaraderie has a whole new meaning for these immortal souls.

Excerpts is a series where we post thoughtful passages from different books that provide for a quick and easy reading.

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Mute Spectator : Down with the Swirl

Mute Spectator December 24, 2019

The protests against the Citizenship Amendment Act (CAA) has entered its second week since disruptions started at Jamia Millia Islamia University on December 15^th. Many other cities including Chennai have joined the fray with processions led by a congruence of the opposition parties. There is lot of information and analysis of the said act and its link with the dreaded NRC so this article tries as much not to burden the reader with more facts and insights into the provisions of the bill, but will only concern itself with the absurdities on both the warring sides.

Revolution against Oppression

There has been a certain romanticization of the protests as the struggle against oppression and quasi-dictatorship elevating themselves to the likes of Gandhi and MLK. There has been circulation of many videos where students are being attacked by men in uniform and thus the ruling government and police are continuously slipping into the narrative of the protesters, first time since the current dispensation entered office in 2014. To dissent and protest peacefully is a guaranteed Right under the Indian constitution but even Gandhiji was not able to conduct a peaceful rally which would not end in violence. It must be a curse on peace and freedom that violence should always accompany it.

Liberals must be careful and smart enough to learn from the Western democracies that dominance in social media or relying on college campuses is not a good strategy to win elections. One finds the Left liberals a bit naïve and ignorant to brand anyone supporting the bill a bigot and a Sanghi or even worse a Nazi-- it backfired in the West, it will backfire here.

This strand of thinking is seen echoed by Ananya Vajpayee on her lead opinion in The Hindu. She calls the protesting Universities the “last remaining bastions of secular india” and essentially labels everyone in the government as bigots thus allowing no space for further discourse. She calls for the universities to lead the way in political struggle thereby laying the path on the lines of western woke culture where they thrive inside their own delusional safe spaces which are fundamental as much as the fascists they attack.

At the same time, opposition from respectable personalities like Ramchandra Guha and Yogendra Yadav among others provide mileage to the entirety of the protests balancing out the Left, Communist and Red of the movement.

Confusing Directions

The case of Assam and its sisters proves to be unique and confusing to some. It posits an Ethno nationalistic far-right agenda wherein no immigrant, Hindu or otherwise, should be allowed inside their states or sub-nations. The Congress and most Liberals can be seen as paradoxical while advocating for both broadening and narrowing the scope of immigrants at the same time.

The north eastern case must be viewed in a different light altogether taking into consideration the myriad uprisings and violent struggles that adorned the states. The indigenous argument in a way is like the reservation and quota argument- it may hold good for now, but there will come a time when these special provisions should be erased from the text of the constitution for a really progressive society. Thus the congress paradox breaks down through the congruence of opinions calling to repeal the bill because in electoral politics, what matters is the ability to garner the majority.

Backtracking Right side

The ruling government seems to have understood the implications of unpopular legislation and economic slough. Prime Minister Modi tried to save face by giving in to the rational argument against the NRC by denouncing any plans for the nationwide NRC but the media pointed out the hypocrisy of the Gujarati brothers with proof.

NRC as an exercise itself with its practical difficulties leans towards failure as seen in the Assam example but the call for said conduction would make for electoral gains mainly in Bengal. One can sense the brewing of a new obsession for the Hindutva right in NRC and said obsession might lead to electoral disasters or victories for the right in the future but one can only wait to see what the future beholds.

BJP has been setting the narrative of public discourse since its emergence in office but that trend is evidently declining as we can see the right trying to save face with respect to the NRC. Interestingly Swarajya, the right wing magazine, is fighting against the tide acting providing substance to save the right’s character. In one of the articles written by a senior editor Arihant, it dismisses translations done by other media outlets (out of which it deems The Hindu as far-left) and provides proper, correct and true translation of Prime Minister Modi’s speech at delhi.

First, at least see if anything has happened on NRC. Lies are being spread. Since the time my government came in 2014 to date, I want to tell 130 crore people of this country, there has been no discussion or talk on NRC. Even in Assam, we did it on the directions of the Supreme Court. What are they even talking about?

Reading between the lines, the article goes on to say that Prime Minister Modi did not reject the future possibility of the exercise and thus paving way for right minded citizens to stay hopeful. One can see the similarity in approach of Swarajya with right wing media outlets in the west, especially in America. The labeling of news outlets as far left and fake news does nothing but reduce the reliability of said outlets among the wider public. The issue in the Indian case is that the left got on that band wagon early labeling Indian media as Godi media.

Finally the article ends with a hopeful note that NRC is not yet off the charts as the far-left and left leaning news outlets say and will definitely be implemented as the “Modi government is fulfilling these pledges one by one and striking them off from its ‘shapath patra’”. If one thinks that the NRC process will be put in a limbo, one cannot be more wrong given the majority the ruling party wields over the loksabha.

Politics, especially electoral politics is full of compromises, so with the economy in bad shape the need for such compromises from both sides is essential and thus can provide the necessary spark to end the protests and turn back to business as usual without taking the violent route through which we would only go down with the swirl to enter a rabbit hole like the African nations with perpetual uprisings and government shut down. One might also suspect if the ruling government is playing with the narrative in an inceptionesque manner covering up the growing mess of the economy.

It is in times of extreme polarization and tribalization like now, the need for civility and respect towards other side is necessary for a fruitful discourse. Discourse should provide us with intellectual succor with rational arguments rather than name calling and labeling which would only lead to destruction of the democracy.

By Benolin

Mute Spectator is the primary series of the blog where we express our opinions on current affairs.

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Mute Spectator : Disruptive Dissonance

Mute Spectator December 24, 2019

To admit is to accept.

With our economy under dire straits, it is the responsibility of the government to set things right irrespective of whatever the circumstances may be. Yes, it is not easy to govern 1.32 billion people but it is beyond difficult to manage such a large number of people if they are out on the streets.

This write up is not on the general viewpoint on the economy but how important it is for the stability & security of the nation and that too for a party that lays high emphasis on national security. It is for the government to come up with progressive economic policies, accommodative legislation and to nurture and practice broadness in the minds of its populace.

Taking cue from the global community, there is much to learn & much to avoid for the Indian government. To start with one of the most liberal and progressive countries, France is up against the ongoing Yellow vest protest which was due to the increase in fuel taxes and high cost of living..

In Latin America, countries such as Columbia, Chile, Ecuador & Venezuela are facing strong protests against their respective ruling regimes. With reasons varying from lack of national economic plan in Columbia to a hike in the transport prices in Chile and then to scrapping fuel subsidies as a cost cutting measure in Ecuador, people have thronged the streets and have even brought governments to their knees. Nearing its D- Day, Venezuela is a standing example of how failing economics will take away the soul of a nation.

Moving away from the Europeans and Latinos to the North Africans, countries such as Sudan and Algeria are also facing heavy backlash from its citizens. Rising cost of basic necessities such as bread and fuel spurred a movement against the Sudanese government.

Crossing the Suez Canal to the Arab world, the anomaly isn't much different. The proposed WhatsApp taxes in Lebanon which initially started as a dissent evolved into larger bouquet of multiple issues threatening the Government of Lebanon and a regime change. Both Iran and Iraq are no exceptions to this popular dissent. Again, failing economy and 50- 200% hike in fuel prices by the Iranian government has resulted in a series of violent protests.

Deteriorating economic conditions and negligence to act on the same has paved the way for the famous Tishreen revolution or Iraqi Intifada against the Iraqian government. As a textbook case, the regime is under threat.

Not far away from Iraq, the situation is very much similar in Pakistan with the recent Azadi march and sit in protests against the failure of the Pakistan government to correct its economic policies. Though it didn't achieve any of its objectives, we can see it as a cyclic reaction across the world whenever economy fails.

These dramatic events have been solely based on issues of failing economy in their respective lands. Now it is for us to see how unpopular legislation disrupt the society and thereby inflicting local economics.

Starting with one of the strongest uprisings against the Chinese Communist Party in decades, the Hong Kong protest which evolved as a dissent against the controversial Extradition bill by mainland China has grown into a full-fledged demonstration for democracy. Consumer spending has dropped by 10% on a y-o-y basis. Airport operations disrupted, metro station being captured in showdowns. Hong Kong which is a hotspot of tourism has received 22 travel advisories from various countries. Airport which contributes around 5% of HK's GDP is about to slip with tourist shortfalls.

photo : Hong Kong protests

Recently, in Indonesia, thousands of people thronged the streets across the archipelago to protest against the new legislation of draft criminal code and Civil laws. People see this has a threat to their rights and pluralism. The Island nation has flourished ever since the fall of their dictator Suharto in 1988. The current chain of events is seen as a risk to investments and dwindling business sentiment.

History is the grandma and grandpa of our Society. There is plenty to learn from it. If we don't take these chain of events as a stimulus of failing economics and poor legislation, then it is extremely difficult to stop people from protesting in the streets. With unemployment rate at 6.1% (FY 18), a four decade high, an exact 5.3% in rural India and 7.8% in urban India are unemployed (NSSO DATA). With the recent quarterly GDP falling to 4.5% and multiple rating agencies slashing down India's GDP for this financial year is worrying. Though a consumer driven market, spending has been low in both urban and rural areas.

All major indices such as Index of Industrial Production (IIP), Purchasing Managers Index (PMI), Consumer Price Index (CPI), Wholesale Price Index (WPI) declining, widening fiscal deficit, failure to meet GST targets, shrinking exports, increasing NPAs clearly shows that the economic climate is not well and needs immediate attention. Poor investor sentiment and lacklustre private investment even at times of US - China tariff wars clearly indicates the need for progressive and accommodative policies.

The national average age of India is 29 years with 50% of its population below the age of 25 years and 65% of its population below the age of 35 years. In this age of data, Information has been free flowing and people are empowered with technology. They can’t be left unemployed or underemployed. Their aspirations have to be met and the government needs to facilitate the aspiring society. If not, at any certain point, their agony will result in popular uprisings and that doesn't favour the stability and security of our nation. Forward thinking legislation are the need of the hour and not to dissect the society further. Our nation already has enough contentious issues and it can’t afford more. It is perilous to leave the youth unengaged in economic activities with technology in their hands.

JAI HIND.

By Sathish Tk

Mute Spectator is the primary series of the blog where we express our opinion on current affairs.

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Excerpts : The First Amendment

Books December 23, 2019

Free scholar Lawrence Liang has interestingly pointed out the contrast between the First Amendment to the US Constitution and the First Amendment to the Indian one. While the former created and recognized the right to free speech in the US, the latter restricted the right to free speech in India. This contrast, however, becomes less stark when one realizes that the First Amendment to the US Constitution was actually the Third Amendment-the states of that country did not ratify the first two amendments. Thus, it is not really possible to argue that the framers of the US Constitution believed the right to free speech to be a preferred right. The free speech amendment was actually third on the founding father’s list.

During the debate on the motion to refer the First Amendment Bill (Indian) to the Select Committee, Pandit Thakur Das Bhargava, champion of reasonableness in the Constituent Assembly, stood up once again to advocate the inclusion of the word ‘reasonable’ in Article 19(2).

‘I want that the liberties of the citizen of this country should be protected’, he said, ‘and unless and until the word “reasonable” is placed before the word “restrictions” [the Constitution] would not ensure that liberty”.

Interestingly, when Ambedkar stood up to support the Bill, Syama Prasad Mookerjee interrupted him and asked, ‘Why have you omitted the word “reasonable” from the existing clause?’ This was an irony because Ambedkar and his ministry had privately advocated the inclusion of the word ‘reasonable’ in the proposal amendment to Article 19(2) even prior to its introduction in the House. Ambedkar responded by virtually acknowledging that this was an unjustified omission: ‘That is a matter which may be discussed’, he said.

When the Bill was referred to the Select Committee, the only substantial change which the Select Committee made was that the word ‘reasonable’ was now included in the proposed amendment to Article 19(2). One member of the Parliament later said that it was a ‘common belief’ that the home minister at the time, C.Rajagopalachari, was persuaded to include the word ‘reasonable’ in the First Amendment, ‘after a great deal of argument’. Virtually all the dissenting members of the Select Committee acknowledged that this was a very substantial change. When Nehru moved the Bill again in Parliament, he said that the word ‘reasonable’ had now been included in the amendment, even though according to him its presence was always implied in Article 19(2). In fact, Nehru privately thought that the insertion of the ‘reasonable’ would be an invitation for all free speech cases ‘to go to the courts with ensuring uncertainty’.

The inclusion word ‘reasonable’ in Article 19(2) was an important compromise. The First Amendment added three restrictions to the right of free speech: public order, friendly relations with foreign States, and incitement to an offence. However, the word ‘reasonable’ in Article 19(2) now meant that a court could determine whether a restriction imposed on any of the enumerated grounds was reasonable or not.

Earlier, Syama Prasad Mookerjee had pointed out the irony that while the First Amendment to the US Constitution created the right to free speech, the First Amendment to the Indian Constitution was seeking to restrict it. However, after seeing the change made to the Bill by the Select Committee, Pandit Thakur Das Bhargava said that the First Amendment Bill in India now also enlarged freedoms like the First Amendment in the US.

This is an excerpt from the book Republic of Rhetoric: Free Speech and the Constitution of India by Abhinav Chandrachud. click here

Excerpts is a series where we post thoughtful passages from different books that provide for a quick and easy reading.

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Pages

Article 19

Mute Spectator : And the Winner of the Year is!!

Excerpts: Operation Bandar

Excerpts : Camaraderie

Mute Spectator : Down with the Swirl

Mute Spectator : Disruptive Dissonance

Excerpts : The First Amendment

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