Day: August 16, 2015

By Ravi Nitesh

Despite being in the ranking of `world`™s largest`™, democracy in India, unfortunately, has not brought uniformly distributed feeling of democratic independence, in all regions of present Indian territory. It is the same country where , it seems that state failed itself on the scale of democratic values, when it comes on `special states`™ of `North East Region in India`™ and of `Jammu and Kashmir`™. These states are under continuous monitoring and filled with heavy deployment of armed forces and facing a kind of `military rule`™ where no one can complaint against soldiers, despite the acts of `murders, rapes and other kind of such crimes`™ committed by them. It seems that a democratic state surrenders itself even in vocabulary, where it sees `crimes`™ as acts done by civil population, while it does not categories acts of `killings`™, `rapes`™ `torture`™ etc under `crimes`™, if it is being done by state functionaries like armed forces.

It seems that `killing`™ is not a crime in these states; instead it depends on who did it. Though the same practice has been adopted at many parts around globe, but there is a difference that in other parts (non AFSPA imposed regions), killing is not a crime, as it depends on who killed, and `to whom, how and for what`™. Unfortunately, world`™s largest democratic state feels shame to ask these questions of `whom, how and what`™ in AFSPA imposed states. Not asking such question is carelessness and loophole on one side and on other, state denies its citizens to ask such questions or to raise voice against such acts through providing special provisions under Armed Forces Special Powers Act Section 6 where no inquiry, or criminal proceedings can be done against any armed force personals without pre sanction of central government. It is like developing a culture of being illogical, being unaccountable , being unquestionable, being opaque for armed forces and being under continuous oppression and fear for common citizens. It is discrimination of common civilians by state. It is something that not only violates human rights, but even denies the right to ask question, legality and fair inquiry against any act done by armed force personals.

Now, recently when AFSPA was repealed from Tripura, there was much happiness and celebration among people. While now, Ministry of Home Affairs extended AFSPA in Nagaland for another term by declaring that the whole state is disturbed area. Also on Arunachal Pradesh, government denied to provide information about AFSPA when it was asked by a RTI activist. Moreover, recent launch of Amnesty International India report named Justice Denied on Jammu and Kashmir, reported many such stories of victims where people faced extra ordinary powers granted to soldiers. By all such acts and reports, it is a clear message that state is incapable to deal the situation in these areas through civil police, and through ordinary rules of law and order that is applicable over whole country. Instead, state adopted a rigorous strategy to deal with, provided extra ordinary powers to `armed forces`™ called and deployed in these areas.

When it comes to show what it achieved, it can be seen that it achieved so much discontent and dissatisfaction of common people in these areas, it made their lives uneasy and in continuous suspicion, fear and threats. State is happy (?) that it is continuously working on the same strategy since last many years, more than a decade in J&K and more than two decades in North East states and still , it is not providing impeccable service to citizens.

In this way, state is developing a contradiction on its own existence, where democracy and its meaning for people, comes under scanner. It is normalizing violence through adopting it as a tool, instead of adopting a long term non violent solution. Making such temporary measures of violence for such a long period in a region has made the whole region a land of conflict and affected with a disorder where violence is everyday story. It is something that no democracy ever wish to achieve, and it provides evidence that how understanding the value of democracy , speaking about democracy and being a democracy are different and still require a sense to be achieved , at least for India.

(The writer is Petroleum Engineer, Freelance writer, Convener- Save Sharmila Solidarity Campaign)

Read more / Original news source: http://kanglaonline.com/2015/08/sustained-violence-of-state-through-afspa/

By Bobby Sorokhaibam

For the past few months, Manipur has been rocked by the demand for an effective law against the unregulated inflow of migrants who are generally referred to as `outsiders`™ to mean both foreigners and other migrants from outside the state, though from within India. The intensity of the movement has been matched by a maze of writings mostly in support of the ongoing movement. Voices of self-introspection and critiques have been missing by large. This absence may be attributed to a general societal agreement over the detrimental consequences that uncontrolled migration poses to the indigenous populations of the state. Census figures based on 2001 count, frequently cited in these writings, put the migrant population to 7.04 lakhs outnumbering the combined population of all tribes put together that stands at 6.71 lakhs. The details of the 2011 census are not yet in public knowledge. The size of the migrant population is second only to that of the Meeteis, the majority community of the state only by a few thousands. Understandably in this scenario, concerns have been raised regarding the continued survival and identity of indigenous communities. These concerns range from the cultural to economic spheres most prominently, the pressure on land and labour. The tiny area of the valley that hosts most of the population of the state despite accounting for only about one-tenth of total area but does not enjoy any protection against transfers of land ownership that the hills enjoy, is one major point of reference too. While as concerns, all these have existed for some years now, the dormant anxieties have blown into full fire in recent months, resulting in the process to the death of a young school student at the hands of the police. This piece intends to raise certain questions on, and thus point to the urgency of reflecting upon, the mode and methods of this movement that has not shown any signs of let-up even amidst a most devastating flood in recent memory.

A Misplaced Shibboleth

First, when a cause is launched in the form of a people`™s movement, it is imperative that the leadership spells out clearly the objectives of the movement. The clarity of the objective is not necessary for the purposes of garnering support only but equally importantly in case of mass movements, to ensure that supporters display the right attitude both to the protest as well as to those with differing opinions and arguments. While the present movement is for regulating or controlling migration, the shibboleth accompanying it is Inner Line Permit (ILP). Placards demand ILP, while the demand and protest are co-ordinated by the Joint Committee on Inner Line Permit System (JCILPS). However, given that what has come to be known as ILP owes its origin to a colonial law, the Bengal Eastern Frontier Regulation Act, 1873, ILP cannot easily relieve itself of the colonial spatial and cultural imageries. The questions then naturally arise in relation to each of the three words that form ILP. To take just one- Inner Line from whom, Inner of what, or Inner from where?

While these questions may sound irrelevant, it is important to remember that a savagery/civilization distinction was at play in the history of these lines. The protective function of these lines as was envisioned later can come to limelight only through a display of the right spirit by the mass of participants. If mysteries mask the shibboleths, clarities do not dawn on the participants.

Question of Ethicality

Secondly, protests in a democracy are rooted in questions of justice. And questions of justice by their very nature often draw legitimacy from a deeper, albeit often invisible, source of morality and ethics. The demand for ILP in as much as it is propelled by the fear of indigenous communities being annihilated appeals to a moral core. Even if this demand is framed in the language of a political right, drawing from the UN Declaration on Rights of Indigenous Peoples, 2007, it is not a right like any other. Invoking such a right does not mean advocating reciprocity of exclusivism. Rather, it founds itself on a political desirability of differentiation. In other words, a political demand of such kind necessarily carries within itself a universal moral stance since it assumes that any group or community in similar set of circumstances should be entitled to claim such a right.

Critics who are eager to dismiss any reference to morality also easily forget that any such dismissals tend to spill over to the mode and methods of protests.

It may safely be concluded that there is wide social consensus over the need for an effective law against uncontrolled immigration which is visible both in the spatial reach of the movement as well as in its participation by people across ethnic or religious lines, which is rather rare in recent Manipur. It must however be remembered that a consensus does not legitimate itself, or legitimacy does not exhaust itself in consensus. On the other hand, it is undermined by any real or perceived lack of moral core. Mention may be made of the death of a student in police firing, the news of a lady having to deliver her baby in a vehicle because she was not allowed to proceed further to a hospital, and many other unreported cases vehicles on emergency health services being stoned.

Recent debates about whether Robinhood really knew what ILP was all about is not the issue. The polemics of the question only invites rhetorical counter-questions such as `“did all revolutionaries, men and women, who participated in the Russian revolution, know the real import of Das Capital or the immense commentaries by philosophers on the texts by Marx, Engels and Lenin, etc.?

However, when school going children in their uniforms are either `pressurised`™ or `compelled`™ to be on the streets, it does raise a question of political morality. It is for a reason that in democracies, there is a certain age of eligibility for exercising the right to franchise. Further, there is the question of the wisdom and political morality of exposing school children to police brutalities, which is almost always guaranteed in a highly militarised state like Manipur, where the police and military alike have enjoyed impunity comparable to feudalistic sadism. Few days after the death of Robinhood, when the shock and condemnation was still high, pictures were published in papers of a girl in her school uniform being dragged by the hair from behind by a policeman in such visible antipathy that the splits in the muscles of his forearm and face were prominent.It isan extremely disturbing scene, but one that elaborately paints the brutal reality that the society in Manipur has been for a long time now.

Questions of political morality are not merely concerns of the `petty bourgeoisie`™, as many self-proclaimed radicals may be in a hurry to declare. Many of the political and social issues that the people are facing are not easily classed into neat Marxist binaries of `haves`™ and `have-nots`™. For evidence, one need only to reflect on the slogan of Immigrant Workers`™ Freedom Ride, 2003- No human is illegal.

The fact that there is increasing support on the left horizon with the 2003 slogan should be a pointer to the need for a deeper reflection. Such a position is not seen to be conflicting with the principles of the UN Declaration on Indigenous rights. On the other hand, there is indeed ground to argue that capitalism would readily identify with and in fact, promote the above slogan. The question then is -how have such traditionally opposing camps come to occupy a common position; or is it really a common ground? If the answer is a definite `No`™ as it should be, it is imperative on the leaders of the movement to articulate a clear political position. Such clarity is required to save that thin line that separates xenophobia from a political movement to protect indigenous peoples. The failure of which risks producing a generation of inward looking, xenophobic people intolerant of difference. And, a society of xenophobic minds does not need migrants to annihilate it; it will do it itself, automatically!

(The writer teaches Political Science at Zakir Husain Delhi College, University of Delhi)

Read more / Original news source: http://kanglaonline.com/2015/08/indigeneity-migrants-and-justice-on-the-ilps-movement/