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The sedition law: Congress versus BJP

PM Modi’s historic decision to seek a re-examination of the archaic sedition law qualifies as a transformative moment in the quest for the fine balance between free speech and national security.

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Don’t compare Turban, Kirpan with Hijab: SC

In a significant development, the Modi government told the Supreme Court via an affidavit on May 9, 2022, that it has decided to re-examine and reconsider Section 124A of the Indian Penal Code (IPC) which criminalises the offence of sedition (SG Vombatkere vs Union of India). “The government of India being fully cognizant of various views being expressed on the subject of sedition and also having considered the concerns of civil liberties and human rights, while committed to maintain and protect the sovereignty and integrity of this great nation, has decided to reexamine and reconsider the provisions of Section 124A of the Indian Penal Code which can be done only before the competent forum,” the affidavit said.

The affidavit was filed in response to a batch of petitions challenging the constitutionality of the colonial provision. In the affidavit, the Modi government requested the Supreme Court not to invest its time in examining the validity of Section 124-A for the time being and to await the exercise of reconsideration being undertaken by the government of India.

The Supreme Court had while issuing notice in the matter in July 2021 questioned the Central government on whether the law was needed 75 years after independence. The Court had also sought the assistance of the Attorney General in the matter. The Court is currently considering whether the matter should be referred to a Constitution Bench of five or more judges. This is in view of the 1962 verdict of the top Court in Kedar Nath Singh versus the State of Bihar, in which a 5-judge Constitution Bench upheld the validity of Section 124-A. The current case before the apex Court is being heard by a 3-judge Bench. The Central government’s second senior-most law officer, Solicitor General, Tushar Mehta had earlier filed a note before the Court stating that the Kedar Nath Singh judgment has stood the test of time and was applied till date in tune with modern constitutional principles. The SG pointed out that only a bench of co-equal strength of Kedar Nath Singh can therefore pose any doubts on the verdict.

Beyond the semantics, it is to the Modi government’s credit that over 1500 outdated laws and over 25000 archaic compliance burdens that reeked of a colonial mindset have been scrapped since May 2014, when PM Modi stormed to power. Various offences which were causing mindless hindrances to people have been de-criminalised, including many sections of the Company Law. The Modi government, contrary to what jaded Leftist historians peddle, has always been open to both criticism and scrutiny. On sedition, concerns of civil liberties and human rights’ activists have been taken on board by PM Modi at regular intervals and the petition filed in May 2022, in the apex Court, amplifies as much.

In the Kedar Nath Singh vs State of Bihar case in 1962, a Constitution bench had upheld the sedition law. The Centre in its initial affidavit had said the Kedar Nath verdict came after testing the constitutional validity of 124-A from angles. So is the Centre now deriding the Kedar Nath case verdict? Absolutely not. All the Centre is doing now, is to ensure a fine balance between national security and free speech, within the broader framework of what the Kedar Nath verdict sought to do in any case. The direction to “re-examine and reconsider” the provisions of the sedition law came directly from Prime Minister Narendra Modi and the government will “suitably” take into account the views of stakeholders and ensure the sovereignty and integrity of the country is preserved while looking into Section 124A of the IPC, Union Law Minister Kiren Rijiju reiterated. “The government will reconsider and change the provisions as per the need of the present time. Because there are lots of views coming up,” Rijiju, further added. Clearly, PM Modi, a true champion of civil liberties, has, by putting his personal weight behind the need for whittling down the sedition law, shown why he is not only a progressive thinker but is also far more contemporary and modern than what his critics credit him with.

The Congress Party and its ecosystem of the Tukde Tukde gang infamy, have no right to give sermons to others. During the Anna movement, those who were not toeing the UPA line were subjected to bullying, harassment, intimidation and arrests. All this happened under the watchful eyes of the UPA. Needless to add, if there is one party that is the antithesis of freedom, democracy, and respect for institutions, it is the Indian National Congress. This Party has always stood with Breaking India forces and left no opportunity to divide India. Who brought in the First Amendment? None other than Pandit Nehru in 1951! It was Sangh ideologue SP Mookerjee & the Jana Sangh which stood in opposition to this measure, aimed at curtailing freedom of expression. Nehru also dismissed the democratically elected government in Kerala. It was the Indira Gandhi government that made Section 124-A a cognisable offense for the first time in India’s history. This happened in the new Code of Criminal Procedure, 1973, which came into force in 1974. Has Congress ever bothered to even express regret,for crushing the democratic ethos of this nation repeatedly? The answer is, no.

When it comes to trampling over free speech, Indira Gandhi was second to none. We all know about the horrific 1975 Emergency but does anyone also know that she imposed Article 356, over 50 times? She came up with the idea of a “committed judiciary” to weaken the Judiciary, our third pillar! What an irony that Congress acolytes are today preaching about an independent judiciary! If any government has indeed upheld the sanctity of the judiciary,it is undoubtedly, the Modi government. The UPA government has the worst track record of filing sedition cases. In 2012 alone, over 56000 people were arbitrarily detained, over 23000 were arbitrarily arrested, with over 9000 slapped with sedition charges and all this for simply protesting against an upcoming nuclear power plant that was coming up in Tamil Nadu, at that time. The debate here is not about harnessing nuclear energy for productive purposes– of course with checks and balances,nuclear energy needs to be harnessed for the greater good.The debate here is about the fact that the Congress government used the sedition law as a vicious tool to curb dissent.In sharp contrast,under the Modi government ,there were barely 326 sedition cases that were filed between 2014 and 2019.

Senior advocate Mohit Mathur said that while it falls within the Court’s domain to test the constitutionality of a legal provision whenever a challenge is raised before it, the Centre may be allowed to examine the issue at its end. Advocate Sherbir Panag, a financial crimes’ lawyer, called the Centre’s stand a “step worth being applauded” as he claimed that it is better if the law of sedition is dealt through the “legislative process” in a time-bound manner. One can argue back and forth but the hard truth is that no government in India, since independence, has come out and openly talked about a review of the sedition law that was put into effect by Thomas Macaulay, way back in 1870. Hence, for the Modi government to take the bold and progressive stance of wanting to re-examine the sedition law, speaks volumes about its commitment to free speech. Those who claim the Modi government preempted the apex Court in wanting a review of the sedition law are clearly missing the point. Do not forget that, in any case, it is the duty and the right of the Central government to frame laws and legislations. The apex Court, has the right to strike down or modify or build in statutory safeguards, as the case may be, only if the laws framed by the Central government are challenged on valid grounds.

The Supreme Court has been hearing a clutch of pleas challenging the validity of the law on sedition which has been under intense public scrutiny for its alleged misuse to settle political scores by various governments in the past. The top Court in 1962, upheld the validity of the sedition law while attempting to restrict its scope for misuse. Even in the May 2022 observation, all that the apex Court said was that, the government must seek to restrict the use and scope of the sedition law. Nowhere did the apex Court say that the sedition law stands scrapped or that it is irrelevant. Some parts of it may need a re-examination, is all that both the Modi government and the apex Court are saying, at this point.

“Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the government established by law in [India], shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine,” reads section 124-A (sedition) of the IPC. Unfortunately, the sedition law has been misused with rabid impunity by the Opposition ruled States. For instance, MP, Navneet Rana was charged with sedition, for simply wanting to recite the Hanuman Chalisa, outside Matoshree, the residence of Maharashtra’s CM, Uddhav Thackeray. How can recitation of religious texts, even if it is outside the CM’s residence, be an act of sedition? By that logic, one is tempted to ask Mr Thackeray, what about the thousands of Muslims, who offer Namaz every Friday, on roads and railway tracks and even in public toilets? If offering Namaz in a public space is not sedition, why should recitation of Hanuman Chalisa,be made into a cognizable offence? Public property including surrounding roads outside Matoshree are not private, but public spaces.

AIMIM chief Asaduddin Owaisi’s younger brother Akbaruddin Owaisi visited and offered prayers at the Mughal emperor Aurangzeb’s tomb on May 12, 2022. Younger Owaisi’s act of bowing before Aurangzeb to show respect is an act of betrayal and insult to Hindus. How can we forget history?

Despotic and rabid bigot, Auranganzeb, had harassed and schemed against the great warrior king Chhatrapati Shivaji Maharaj. He brutally tortured and killed Sambhaji Maharaj.

It is not surprising that Owaisi went to Aurangzeb’s tomb. The thinking of Nizam, Razakars (the paramilitary volunteer force deployed by the Nizam of Hyderabad to resist the princely State’s integration with India during 1947-48) and the earlier Islamic dynasties, is much the same. Aurangzeb, in his barbaric and bloodthirsty, 49-year rule, slaughtered to death 4.6 million Hindus and forcibly converted or took captive, an equal number, besides of course imposing the discriminatory and draconian, Jiziya tax on non-Muslims. If reciting Hanuman Chalisa qualifies as sedition, should younger Owaisi’s act not be seen as a deliberate act to provoke disaffection towards the Indian State, moreso when the Gyanvapi mosque videography issue is underway. The Rana couple were later granted bail after a Court observed that mere expression of derogatory or objectionable words was not sufficient ground to invoke the sedition charge. But the moot point is, those who accuse the BJP of scuttling free speech, are actually the very lot that has zero tolerance to any narrative that does not suit their Hinduphobic taste buds. The Congress and its allies would therefore do well to stop waxing eloquent about the virtues of free speech, because they don’t believe in it.

The BJP has always endeavored to strike a balance between Article 19, that is, freedom of speech and maintaining public order. While Article 19 (1) (a) guarantees freedom of speech and expression, equally, Article 19 (2), speaks of reasonable restrictions. In fact, every fundamental right is subject to reasonable restrictions pertaining to public order, morality, and health.

The Congress Party has time and again abused the sedition law for unfair advantage. In 2019, for instance, an innocent man was charged by the Bhupesh Baghel-led government for sedition for simply raising his voice against the infuriatingly repeated electricity power cuts in Chhattisgarh. More recently, the Congress Party, in Rajasthan, to stifle the voice of the media, invoked sedition charges against a news anchor, Mr. Aman Chopra and continued to hound him, despite a Court order to the contrary. Only last week, Marathi actress Ketaki Chitale was booked and arrested for a purportedly derogatory Facebook post against Sharad Pawar, by the MVA regime. BJP leader, Vinayak Ambekar was also beaten up by NCP goons, for an innocuous Facebook post. Also, how can one forget rabble-rouser Mamata Banerjee, whose corrupt TMC regime, arrested Jadavpur University professor, Ambikesh Mahapatra in 2012, for simply forwarding a harmless spoof on Mamata.

In a historic development, the Supreme Court on May 12, 2022, ordered that the 152-year-old sedition law under Section 124A of the Indian Penal Code should be effectively kept in abeyance till the Modi government reconsiders the provision. In an interim order, the Court urged the Centre and the State governments to refrain from registering any FIRs under the said provision, while it was under re-consideration.

In the final analysis, while by July 2022, things pertaining to the sedition law will be a lot clearer, what cannot be denied is the fact that for decades, the Congress Party which ruled India for the longest time, misused and abused this law to checkmate dissent and to clip the wings of political opponents. Sometimes, Congress went to ridiculous lengths to checkmate dissent, the arrest of cartoonist Aseem Trivedi in 2012, being one such example. Trivedi was later pardoned once the Modi government took charge in 2014. On May 15, 2022, at the “Chintan Shivir” of the Congress Party in Udaipur, Rahul Gandhi said, the only alternative to the conversation between people, is violence between people. The incompetent Congress scion further added that the Modi government is encouraging violence by muzzling democratic institutions. Well, maybe Rahul is suffering from selective amnesia and needs to be reminded that be it bringing in the draconian 66-A in 2008 to curb free speech, or the Maintenance of the Internal Security Act (MISA) or overturning the 1985 Shah Bano judgment of the Supreme Court, if there is one Party that repeatedly made a mockery of India’s electoral process and the judiciary, it was the Congress Party.

The Maintenance of Internal Security Act (MISA) was a controversial law passed by the Indian parliament in 1971, giving the administration of Rahul Gandhi’s grandmother, Indira Gandhi, very broad powers – indefinite preventive detention of individuals, search and seizure of property without warrants, and wiretapping – in the quelling of civil and political disorder in India, as well as countering foreign-inspired sabotage, terrorism, subterfuge, and threats to national security. Under the garb of quelling terrorism, however, the MISA was used with brazen impunity to hound free-thinking and curb the voice of free thinkers, by Indira. The law was amended several times during the subsequently declared national emergency (1975–1977) and used for quelling political dissent. Finally, it was repealed in 1977, when Indira Gandhi lost the 1977 Indian general election and the Janata Party came to power. To cut to the chase, therefore, it is preposterous to draw a false equivalence between Congress and the BJP. While the BJP has used the sedition law with great restraint and very sparingly in only the rarest cases, Congress used the sedition law as an instrument of vendetta politics.

Sedition law is very, very old but is it time to completely abandon it? The answer is, no. Don’t forget, the catch here is, to use it sparingly. Should it be used against those protesting constructively against government policies? No. Should it be used against those seeking to conspire against the government of the day, in such a way that it harms the country’s territorial integrity? Certainly yes. So known Maoist sympathiser, Binayak Sen, should certainly be behind bars for sedition and so should Sharjeel Imam, who sought to cut off “the chicken’s neck” from the rest of India. The lobby that says the BJP is as bad as the Congress, as both have misused the sedition law, are woefully wrong. The BJP and the Modi government have faced vitriolic opposition bordering on the defamatory and in many cases very perjurious too. Yet, PM Modi, as is typical of him, has always shown extraordinary grace and that is precisely the reason,no sedition charges were slapped against those protesting at Kundli, Singhu and Tikri borders, though their actions often bordered on the grossly unacceptable, given that often during these protests anti-India slogans were raised and Bhindrawale posters were flashed. Discretion is the better part of valour, they say. And the inclusive Modi government has showcased why a re-examination of the sedition law, is the need of the hour, without dismantling it, so that the law is made stronger and more in line with contemporary India’s democratic ethos. Martin Luther King Jr. famously said: “Our lives begin to end the day we become silent about the things that matter”. Indeed, PM Modi’s historic decision to seek a re-examination of the archaic sedition law qualifies as a transformative moment, in the quest for that fine balance between free speech and national security.

The writer is an Economist, National Spokesperson of the BJP, and the Bestselling Author of ‘The Modi Gambit’. Views expressed in the piece are the writer’s personal.

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Opinion

CONG HOPES RAHUL’S YATRA WILL CATAPULT PARTY TO POWER IN KARNATAKA

The Mekedatu padayatra was just a prelude as the scale at which DK is orchestrating this Bharat Jodo is unimaginable, sources in the Congress said.

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CONG HOPES RAHUL’S YATRA WILL CATAPULT PARTY TO POWER IN KARNATAKA

With the Rahul Gandhi-led Bharat Jodo Yatra all set to enter Karnataka via Kerala’s Wayanad on 30 September, the Pradesh Congress has made elaborate arrangements to amplify the yatra on a grand scale, hoping to revitalize the party ahead of the crucial 2023 Assembly elections. The yatra which started from Kanyakumari will begin its Karnataka leg from Chamarajnagar district and cut through the state for over 500 km from Old Mysore region, which is the Cauvery Delta Region all the way to Bengaluru, and then move towards North Karnataka.

The yatra in the Cauvery delta is touted as a game-changer as D.K. Shivakumar, the KPCC president, is leaving no stone unturned to amplify the rally on foot. He intended to achieve two things—showcase his organizational prowess and also score brownie points from the Gandhis. The Old Mysore region is dominated by Vokkaligas and thus the significance. In the last six months, there were several instances where D.K. Shivakumar and former Chief Minister H.D. Kumaraswamy have crossed swords over donning the Vokkaliga leader mantle.

The Mekedatu padayatra was just a prelude as the scale at which DK is orchestrating this Bharat Jodo is unimaginable, sources in the Congress said. The optics here are also relevant from the point of view of who is the mass leader from the Old Mysore Region. Siddaramaiah faced an embarrassing defeat last time and is now made Badami of North Karnataka his political home. History has it that whoever is voted for in huge popularity in this region has become the chief minister of Karnataka and in that D.K. believes that his time has come. Even H.D. Kumaraswamy at a recent event had said on stage that “if a situation presents itself where DKS needs my support to become CM, I will’’

The yatra will then move towards Bengaluru and then towards north Karnataka which is very critical for the Congress. It is here that during the 2013 elections, Congress reaped over 45 seats, thanks to the fallout B.S. Yediyurappa had with the BJP then. The big question is will Congress successfully convert the anger in the Linagayat community over BSY to its kitty? From Shyamanur Shivsankrappa to M.B. Patil, the grand old party has prominent Lingayat leaders, but will they occupy the space vacated by Yediyurappa remains to be seen.

The yatra will have a galaxy of national and state leaders who will join Rahul Gandhi–former chief minister Siddaramaiah, ex-Deputy CM Dr G. Parameshwar, M.B. Patil, Ramalinga Reddy, B.K. Hariprasad, Krishna Byre Gowda, Dinesh Gundu Rao, K.H. Muniyappa, Veerappa Moily and Mallikarjun Kharge along with others will walk during different stages of yatra. During the yatra, the Congress is expected to rake up several issues and revive its campaign coined around “40pc commission govt” and “Nimma hathira iddiya Uttara”, a charge sheet compiled to highlight the failure of the BJP government for not implementing promises made in its last manifesto.

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Opinion

Russia, West at odds over NATO expansion

The Ukraine crisis is caused primarily by NATO’s aggression and expansion. Achieving lasting peace means checking that aggression and expansion; however, the US is leveraging the war as an elaborate advertisement for NATO

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Russia, West at odds over NATO expansion

Everything old is new again. Through the lens of Ukrainian history, the world has been reminded of the Russian colonial imperialism imposed upon its neighbours. This is important to understand within the context of today’s crisis because Putin fundamentally believes that Ukraine is not a nation state and perceives other neighbouring countries similarly.

To understand the current realities of Russia and Ukraine, and the part NATO has played in defining the current hostilities between the two nations, it is important to rewind history and trace the developments that have happened since the 1990s. Most of the conflicts in the world have an extended history of various complexities and overlapping difficulties, the Ukraine-Russian crisis is no exception.

The crisis in Ukraine is caused primarily by NATO’s aggression and expansion. Achieving lasting peace means checking that aggression and expansion; however, the US is leveraging the war as an elaborate advertisement for NATO, promoting a bloc-based version of collective security premised on opposing Russia. Sweden and Finland have long thrived under a policy of military non-alignment, but they are now coming under pressure to discard neutrality in favour of NATO membership. Such a policy will foment collective insecurity and push the European continent further into chaos.

Nobody can seriously argue that NATO is fundamentally defensive in character. It is an aggressive, nuclear alliance designed to enforce US hegemony. In the decades following the Soviet collapse, NATO has expanded from 16 countries to 30 – reneging on repeated promises made to the Soviet and Russian leadership in the early 1990s that NATO’s borders would move “not one inch” East of Germany. In fact NATO’s borders have moved right up to Russia’s doorsteps.

Putin aims to rollback much of the security architecture that has been put into place in Europe since the end of the Cold War, particularly with regard to Central and Eastern Europe. This means not only closing the door to potential NATO membership for Ukraine but curtailing any form of Western military assistance available. The Kremlin also seeks to undermine many of the measures that have been put in place by the NATO alliance dating back to the 1997 Founding Act – a framework designed to determine how their relationship should move forward in view of NATO enlargement – in effect, neutralizing the alliance in Central and Eastern Europe. The challenge for NATO, as an alliance of democratic countries, is that it cannot let Russia dictate the terms of membership.

Russia’s full-scale invasion of Ukraine in 2022 marked a dramatic escalation of the eight-year-old conflict and a historic turning point for European security. With expanding Western aid, Ukraine has managed to frustrate many aspects of Russia’s attack, but many of its cities have been pulverized and one-quarter of its citizens are now refugees or have been displaced. It remains unclear if and how a diplomatic resolution could emerge. Ukraine’s place in the world, including its future alignment with institutions such as the European Union (EU) and North Atlantic Treaty Organisation, hangs in the balance.

Ukraine was a cornerstone of the Soviet Union, the archrival of the United States during the Cold War. Behind only Russia, it was the second-most-populous and -powerful of the fifteen Soviet republics, home to much of the union’s agricultural production, defense industries, and military, including the Black Sea Fleet and some of the nuclear arsenal. Ukraine was so vital to the union that its decision to sever ties in 1991 proved to be a coup de grâce for the ailing superpower.

In its three decades of independence, Ukraine has sought to forge its own path as a sovereign state while looking to align more closely with Western institutions, including the EU and NATO. However, Kyiv struggled to balance its foreign relations and to bridge deep internal divisions. A more nationalist, Ukrainian-speaking population in western parts of the country generally supported greater integration with Europe, while a mostly Russian-speaking community in the east favored closer ties with Russia.

Ukraine became a battleground in 2014 when Russia annexed Crimea and began arming and abetting separatists in the Donbas region in the country’s southeast. Russia’s seizure of Crimea was the first time since World War II that a European state annexed the territory of another. For many analysts, the hostilities marked a clear shift in the global security environment from a unipolar period of U.S. dominance to one defined by renewed competition between great powers.

Some Western analysts see Russia’s 2022 invasion as the culmination of the Kremlin’s growing resentment toward NATO’s post–Cold War expansion into the former Soviet sphere of influence. Russian leaders, including Putin, have alleged that the United States and NATO repeatedly violated pledges they made in the early 1990s to not expand the alliance into the former Soviet bloc. They view NATO’s enlargement during this tumultuous period for Russia as a humiliating imposition about which they could do little but watch.

Despite remaining a non-member, Ukraine grew its ties with NATO in the years leading up to the 2022 invasion. Ukraine held annual military exercises with the alliance and, in 2020, became one of just six enhanced opportunity partners, a special status for the bloc’s closest nonmember allies. Moreover, Kyiv affirmed its goal to eventually gain full NATO membership.

In the weeks leading up to its invasion, Russia made several major security demands of the United States and NATO, including that they cease expanding the alliance, seek Russian consent for certain NATO deployments, and remove U.S. nuclear weapons from Europe. Alliance leaders responded that they were open to new diplomacy but were unwilling to discuss shutting NATO’s doors to new members.

Putin ordered a full-scale invasion, crossing a force of some two hundred thousand troops into Ukrainian territory from the south (Crimea), east (Russia), and north (Belarus), in an attempt to seize major cities, including the capital Kyiv, and depose the government. By March, 2022, some Western observers said that, given unexpected setbacks it incurred on the battlefield, Moscow could curtail its aims and try to carve out portions of southern Ukraine, such as the Kherson region, like it did in the Donbas in 2014. Russia could try to use these newly occupied territories as bargaining chips in peace negotiations with Ukraine, which might include stipulations about Kyiv’s prospects for membership in the EU and NATO. Others warned that continued attacks on Kyiv belied any of Moscow’s claims of a shift in military operations away from the capital.

As a security partner, Ukraine is not afforded any security guarantees under Article V–the US and its allies in the NATO organization do not have a commitment to defend Ukraine and so it becomes difficult to deter an attack on Ukraine through conventional means. However, the gray zone is useful for both sides in the management of escalation risks. Putin wants to be perceived as a strong military leader, but the costs (e.g., political, economic, reputational, etc.) of escalating to kinetic warfare may force him to recalculate. These costs may be the most effective deterrent there is – the West needs to make sure these are communicated clearly.

There is still room for diplomacy but the longer this plays out, the more costly it becomes to keep these troops on Russia’s border with Ukraine. There is room for agreement on issues like nuclear arms control, but this is unlikely to be what Putin is hoping to achieve with this massive military buildup and his outrageous demands. Rather, Putin appears to be seeking a pretext to justify some level of military action.

One wonders – as did the American diplomat George F. Kennan, the father of the Cold War containment doctrine who warned against NATO expansion in 1998–whether the advancement of NATO eastward has increased the security of European states or made them more vulnerable.

If NATO’s extension continues and reinforced its presence in Ukraine, as may propose by offensive realists, Ukraine Crisis will be escalated even more, and country’s eastern part will be turned to another ‘frozen conflict’ in post-Soviet space. In contrast, halting the enlargement policy in the face of Russian aggression in Ukraine can encourage Russia even more to use military force in its ‘near abroad’. For these reasons neither approaches are compatible to cope with the ongoing crisis. However, using both views partly help to come up with a solution for the puzzle. Currently, ensuring the territorial integrity of Ukraine should be prioritized, and for this purpose, NATO enlargement policy should not be used to deter Russia (which indeed escalates the war in Eastern Ukraine) instead NATO membership option for Ukraine should be used as a leverage in peace process to ensure territorial integrity of Ukraine.

The writer is an Associate Professor in Seedling School of Law and Governance, Jaipur National University, Jaipur. He had worked as an Assistant Professor in Apex Professional University, Pasighat, Arunachal Pradesh, and as a journalist in esteemed newspapers, portals and magazines.

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THE TALIBAN NEVER EVER ‘WON’ AFGHANISTAN

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It speaks of the resilience of the shards of the philosophy of Untermensch and Übermensch even within “liberal” minds that explains why it was the liberal W.J. Clinton in 1996 and in 2021 the liberal J.R. Biden Jr who gifted Afghanistan to the Taliban. The latter is these days shrugging off blame for the consequences of his disastrous “Everybody Out” policy on Afghanistan by blaming it on the Trump Surrender Document that was signed in Doha in 2020. If patriotism has been the excuse for many sins committed in the past, there has been within the US since the 1960s a tendency to use the CIA as the whipping boy for several of the policy blunders committed by US Presidents. The boilerplate excuse proffered is that wrong information fed by the CIA was the reason for egregious errors in policy. In the case of Afghanistan, the excuse of apologists for the apparently clueless if usually personable Joe Biden is that the CIA came up with the finding that there was now a Taliban 2.0, that was almost Social Democratic in a newly acquired commitment to reform. That the era when children, women, Hazara, Tajik and other non-Pashtuns were subjected to evident discrimination that was a feature of Taliban rule during 1996-2001 was over and that the “new” Taliban, although comprising of many elements of the old Taliban, was qualitatively different and could be relied upon to rule in an equitable manner. Such was indeed the mantra of the so-called “experts on Afghanistan” that had backed Clinton and subsequently Biden in their consigning to Taliban overlordship the Afghan people, individuals such as Zalmay Khalilzad or Barnett Rubin. If the CIA agrees with such an assessment, that organisation needs to get disbanded immediately, and its analysts need to work behind the counter of junk food stalls. The truth is that it is unlikely that such were the findings, although it is plausible that a liberal dash of rosewater was added to the findings of analysts and agents by those higher up the chain of command in the CIA, those of whom spend much of their time in the essential task of buttering up the politicians who are in charge of US agencies. Who can forget George Tenet, the CIA Director who served both Clinton and Bush, and who assured President Bush that his obsession with neutralising Saddam Hussein was not founded on prejudice rather than reason but was based on “Slam Dunk” evidence that Saddam had WMD? If DCIA Tenet knew where such stockpiles were, after the US-UK occupation of Iraq he declined to reveal them to the weapons inspectors, who came up with nothing in the way of WMD after months of enquiry.

A handful of analysts such as Bill Roggio in the FDD in Washington, not to mention the present writer, challenged the perception that there was now a Taliban 2.0. Instead, the only change in that collection of warlords was that the “new” Taliban had many more within their non-operational wings that spoke English. They knew exactly what buttons to press in their interactions with Atlanticist media and policymakers to make many believe the fiction peddled by the Rubins and the Khalilzads. Executions of those who assisted NATO in Afghanistan were instituted soon after “Taliban 2.0” took over Afghanistan as a consequence of Biden’s folly. This has been blamed by the 46th President on the 45th President, as though Biden was elected President merely to follow the agenda of Trump but without the orange hair.

Such killings continue, such that the number of such former auxiliaries of mainly US forces is shrinking almost by the day, and who are in much greater risk of death than the Ukrainians who are being welcomed across both sides of the Atlantic in a manner that is being used to suggest by rivals of the Atlantic Alliance that the reason is that they are European. There must be other reasons for such throbbing love, but in Asia, Africa and South America, if not yet in the African-American community in the US, the belief that such favouritism is based on ethnic considerations is widespread. The Afghan people deserved better, even if not all of them look the way Ukrainians do.

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Opinion

Adieu, Mikhail Gorbachev, the last CPSU General Secretary

That Russia would never be accepted as part of the ‘common European family’ by France, Britain and Germany was never comprehended by Gorbachev

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Mikhail Gorbachev

His repeated forgiving of the efforts of Mahmud Ghori to bring down his kingdom and take away his life ensured that Prithviraj Chauhan was the tragic idealist who initiated the process of destroying the India that had endured for many millennia. He failed to recognise that in Ghori, he faced an opponent who sought nothing less than the destruction of an entire system of governance and its concomitant way of life. Each time Prithviraj spared his life, Ghori went back determined to succeed against the merciful ruler the next time around. Finally, Ghori’s day came with a pre-dawn attack that caught Prithviraj’s army unawares, most being deep in sleep. The Rajput princes of the time fought wars in a manner reminiscent of cricket, with set rules designed to make the contest a battle between chivalric foes. Their error was that as a collective as well as individually, the princes of the day failed to comprehend the systemic, the civilizational nature, of the battle that their foe to the north west was intent on waging. That easy, indeed facilitated and assisted plunder, created in their implacable foe an appetite to control the land and its people. In such a conflict, only a single side wins, and eventually that was not the side of Prithviraj.

In his final moments, as he was facing death at the hands of a foe who had from the start been implacable, the luckless Samrat may have understood the fatal error he had made in sparing the life of a foe with the ambition to transform the land and the people in his own image. Even after more than seven centuries of domination by the Mughals, that did not happen. In villages across India, in minds and in the homes of tens of millions, their belief systems remained intact in a manner that had not been the case in any other country taken over by those who had linked their confidence in victory to their belief and fealty to what they believed to be the message of the Almighty. Later, the Rubicon of cruelty was crossed by Aurangzeb, who as a consequence found himself not the protector of Mughal rule but its destroyer. The Marathas in particular, led by the charismatic military tactician Chhatrapati Shivaji Maharaj, proved to impossible to subdue.

Wars within India opened the doors to conquest by the European powers, with the British establishing dominance over the subcontinent through the use of any means that they judged to be effective for the purpose. The age of chivalric combat had perished with the defeat and execution of Prithviraj, and from then onwards, wars were fought not by another version of the Marquis of Queensbury rules but freestyle. Anything was permitted to subdue the rival. It took the blow to the loyalty towards the British Raj of the Indian armed forces effectuated by Subhas Chandra Bose through the Indian National Army to make Whitehall realise that their time was up in India. Had it been Subhas Bose who had headed the freedom struggle rather than the hand-picked lawyer chosen by Mahatma Gandhi, Jawaharlal Nehru, there may not have been a partition of India in 1947, nor perhaps the peeling away of Sri Lanka, Myanmar and other territories that had earlier been an intrinsic part of the subcontinent. Until Partition, Nehru had been adamant that he would not accept any status for the Muslim community different from that which existed for Hindus, aware of the harm that had been done by the separate electorates and partitions that had earlier been agreed to by the Bose-less Congress leadership.

Only after Partition did Nehru transition to a policy that in many ways sought the separation from the majority of the minorities in India. He instituted a difference in treatment that many regard as a repudiation of secularism while others claim that such an across-the-board separation of the Hindu majority and the rest of the population was on the contrary the essence of secularism. Thus was born Nehruvian secularism, in which rather than accept their common cultural DNA, Muslims and Hindus in particular were subjected to messaging that they were different from each other, an obviously erroneous notion that had been the foundation of M.A. Jinnah’s call to the British to divide the country before exiting it. This past quarter, the rate of growth of the economy has been 13.5%. This is the natural growth rate of the economy, given the abundant qualities of the people of India, although under its initial rulers, the growth rate hovered around 2% annually, breaking free of this only when P.V. Narasimha Rao was the Prime Minister. Incidentally, Rao was disliked, indeed despised, by the matriarch since the tragic death of Rajiv Gandhi in 1991, Sonia Gandhi. Any individual who had the effrontery to argue that she should work to help Rao in his reforms rather than weaken him became an instant object of irritation and worse in her. Ultimately, the fissures in the Congress Party that resulted in the weakening of Narasimha Rao ensured the rise of the BJP. Understandably, A.B. Vajpayee had a soft corner for Sonia Gandhi throughout his six years in the PMH, the Prime Minister’s House.

Returning to Gorbachev, from the start of his ascent to the General Secretaryship of the Communist Party of the Soviet Union, he refused to accept the existential nature of the USSR-US battle that was waged during Cold War 1.0. This was much the way President Biden and some of the other leaders of the Atlantic Alliance have failed to understand the existential nature of the challenge being thrown by the CCP to the US-led alliance, a challenge most visible in the era of the supremacy of Xi Jinping over the CCP. When faced with the economic crisis caused by the statist policies inherited from the Brezhnev era, Gorbachev turned for assistance to the very countries intent on the downfall of the Soviet system. While there was indeed Glasnost, greater freedom of expression, during his time, the only Perestroika (reform) introduced under Gorbachev was to preside over one unconditional, unilateral surrender of USSR interests to the Atlantic Alliance. That Russia would never be accepted as part of the “common European family” by France, Britain and Germany was never comprehended by Gorbachev, although it was by Vladimir Putin, after nearly six years of effort seeking to enter on honourable terms “our common European home” (Putin’s view at the time) proved fruitless. The USSR was eventually destroyed by its lack of substantive Perestroika, but that demise was speeded up by the folly of Gorbachev in handing over the keys to the survival of the USSR to the hands of its most implacable foes. Small wonder that the Gorbymania unleashed by the demise of the last CPSU General Secretary is not shared within his own country.

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WESTERN MEDIA’S COMMENTARY ON INDIA@75 HYPOCRITICAL

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The silly season is back, rather, it is always silly season when it comes to western media’s coverage of India. But this time there is a sudden increase in the number of anti-India articles in the western legacy media to mark 75 years of India’s Independence. Headlines such as “At 75, India’s democracy is under pressure like never before” and “Modi’s India is where global democracy dies” ring the death knell of India under Prime Minister Narendra Modi. Reading these articles the following thoughts come to mind: it is as if the Prime Minister of the country was not elected with a landslide in a completely free, fair and hard-fought election; as if regular elections do not take place in the country; as if Opposition parties do not win elections at the state level; as if the government was not forced to backtrack even on its landmark reforms in a sector as critical as agriculture because of opposition from a handful of interest groups from a tiny state; it is as if there is state mandated discrimination of minority groups; as if the media is not robust; as if the judiciary and other institutions are not independent and powerful. One can go on and on. The problem is, some people have decided that since a particular government is not to their liking, hence it signifies the end of democracy in India. The hatred for Narendra Modi as a person and leader increases the aggravation as well as the fact that these people do not see any light at the end of their tunnel because of the inability of the Opposition parties, particularly the Congress, to come to power at the Centre. So, whatever be the positive indices about India, whatever be the ground reality, they have already written the headline that democracy has died in Modi’s India. And now they just need to write the story—the fiction.

75 years after Independence, India’s fault lines are a product of its history and in keeping with its character. To blame them on the last eight years of the current government is to be economical with the truth. If there is division in society, it has been always there—Partition is proof of that. Papering over that reality led to appeasement and gave the majority a minority complex. Indian society is as good or as bad as it has always been. Things have not worsened in the last eight years. At the most, the majority community has become more vocal, and cast aside a few old shibboleths such as secularism, which in practice, is anything but. India is still as complex and colourful as any democracy of its size is expected to be. If anything has changed, it is for the better—India has become a more aspirational society, which is bound to happen with economic prosperity. India is also more open now, apart from more confident. None of this would have been possible if there was a despotic government in power.

Just because Rahul Gandhi says that democracy is dead in India, does not make that a fact. His party’s, rather his family’s inability to win elections, is their own doing. To say that he is not being allowed to win elections is to cast aspersions on India’s institutions. If democracy has died anywhere, it is in his own party—in fact, it has died a thousand deaths ever since the oldest political party of India has been converted into a family enterprise. So, to take Rahul Gandhi’s words as indicator of the state of democracy in India amounts to spreading deliberate disinformation.

It is this same western legacy media that will uphold Canadian Prime Minister Justin Trudeau’s imposition of emergency and the use of force to counter anti vaccine protesters as legitimate, but will call the Indian government fascist even if it erects a barrier to stop protesters from entering the national capital and spreading mayhem.

It is ironic that a Jeff Bezos-owned newspaper can express worries about the state of the Indian media when an Indian corporate giant buys stakes in Indian TV channel. What is even more appalling is that many of these legacy media outlets, particularly one published from Los Angeles, will regularly publish supplements on authoritarian China, singing paeans to Chinese governance, while berating India for the “lack of democracy”. There has to be a limit to hypocrisy, to double standards.

India at 75 is a miracle. That democracy has survived, nay thrived in this country, in spite of all the odds, is a miracle in itself. If the western media is blind to this fact, it is because they wear blinkers and are motivated by ideological or pecuniary reasons. No wonder, it is so difficult to take western legacy media seriously.

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Digital literacy, innovation keys to transformation

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Digital transformation is an unstoppable development with far-fetched ramifications across the several domains of technology, policies, economy, and society. India’s innate want to participate in it manifests in the Digital Dream, the intent of which is layered in the National Digital Communication Policy 2018. The dream is to “transform into a digitally connected society that enables seamless access to and use of information resources that help create a competitive, innovative and knowledge-based society”. Despite the veritable intent, there are challenges, the most crucial being defining a path to realize this dream by balancing the realities.

Beyond the requirements of the supporting ecosystem of power adequacy, interrupted internet with adequate speed, and device affordability, there exists the ability and willingness to use and adapt to the technology environment. Proceeding with digital transformation without ensuring the presence of these elements risks a digital divide and marginalization. It risks exclusion of group or groups of people from participating in the social, economic, political or cultural processes essential for social inclusion. This would be in direct contradiction to the spirit of the Indian Digital Dream shared above.

Despite overall improvements, issues about the inadequacy of the supporting ecosystem remain. According to the “Household Social Consumption: Education” survey by NSO (2017-18), only 4% of rural and 23% of urban households possessed computers. Just 24% of the households in the country had internet access, which drops to 15% for rural households. According to the 2019 TRAI report titled “Wireless Data Services in India,” less than 50% of the population has access to wireless data services. The current appreciation of digital literacy as shared under Pradhan Mantri Gramin Digital Shakshrata Mission appears limited to the operation of digital devices and the ability to browse the internet besides undertaking digital payments. However, under evolving realities, there is an urgent need to widen it to include awareness and inculcate an attitude to enhance the ability to understand and use information in multiple formats and from various sources. The requirement goes way beyond just the technical knowledge to operate devices properly. It highlights the need to elevate awareness and cognition that instill the ability and responsibility to interpret media and evaluate and apply new knowledge emanating from digital environments, necessitating the ability to communicate, participate and collaborate.

Limitations in digital literacy, especially in terms of the notion highlighted above, can result in several inconveniences, one of the most prominent ones being increased exposure to cybercrimes. According to the 2021 Internet Crime Report by the Federal Bureau of Investigations, India ranked fourth among top 20 international victim nations after US, UK and Canada, way ahead of the peer group nations like Brazil, China, and Argentina. Prevalence of such instances can inhibit technology adoption in the absence of clearly defined, easily understandable, implementable policies supported by the governance structure in the country.

Besides, policies must be vigilant in balancing the multifaceted relationship between technology and inequality. While it is true that technologies help accelerate economic growth, there is a need to ensure that the benefits get distributed equitably, which need not be an automatic outcome.

Technology adoption while sustaining competitiveness can significantly impact the composition and nature of jobs and relative wages and income. In reality, technology and automation are gradually replacing repetitive manual and routine tasks known as middle-skill jobs, i.e. occupations whose wages place them in the middle of the wage distribution like those for drivers, cashiers, secretaries etc. Simultaneously technology adoption can facilitate a rising share of high-skilled jobs as well. This can exacerbate wage, and income equality, wherein high-skilled workers, witness higher wages and income.

In contrast, the low-skilled workers languish, competing with the displaced middle-skilled workers. Different estimates of the share of such jobs at risk due to technology and automation are especially high in developing countries, as shared in UN World Social Report 2020. For India, estimates of shares of jobs at risk of being lost to automation due to technology usage are more than 50 per cent. Hence it is necessary to promote cooperation across and within countries to exploit technology dividends. Internationally, United Nations Technology Mechanism and United Nations technology banks for LDCs are a step in the right direction. Besides any other form of inducements for bilateral and multilateral cooperation mechanisms, must enjoy some policy priority. Within the country, an active framework for reskilling displaced workers and support for transition to new jobs could enhance technology adoption besides those designed toward taming economic rents.

However, the principal amongst them is to develop a policy mindset geared toward promoting inclusive technologies and innovations that can disseminate technology dividends across the broader range of economic agents in society. More so as we step towards being the most populous nation in the world in 2023, according to the UN report on World Population and Prospects 2022. It is strictly up to us how we want to reap demographic dividends by ushering in more inclusive technologies and innovations.

The author is Professor Economics, Environment & Policy Area, IMT Ghaziabad.

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