Bar Council Ignored Proof to Say Lawyers Didn’t Obstruct Kathua Chargesheet

The Kathua Bar Association had even talked about stopping the crime branch from filing a chargesheet in a public statement.

Srinagar: On April 26, the Bar Council of India (BCI) told the Supreme Court that there is no record proving that lawyers prevented the police from filing a chargesheet in the Kathua case. This despite the fact that on April 9, the Kathua Bar Association openly celebrated its ‘success’ in obstructing the Jammu and Kashmir police’s crime branch from filing a chargesheet on the rape and murder of an eight-year-old girl.

“All the members of the Bar have strongly agitated against the presentation of challan by the crime branch in Rasana case…the agitation of the Bar proved successful and the crime branch was compelled to go back and the challan couldn’t be presented in the court of Chief Judicial Magistrate (CJM) Kathua,” Bar president Kirty Bhushan Mahajan had said in a statement issued the same evening.

It’s no surprise, then, that the BCI’s claim that there was nothing on record to show that the lawyers prevented the team led by senior superintendent of police Rakesh Kumar Jalla from performing its duty was met with outrage back in J&K.

The Kathua Bar Association’s candid admission in its statement to the media isn’t the only proof of its obstructive role. A report of the principal district and sessions judge, Kathua, an affidavit filed by the J&K high court before the apex court and the state government’s report also put the Kathua Bar in the dock.

What happened

The crime branch team probing the case was on its way to the chambers of the chief judicial magistrate, Kathua, on April 9 to file a challan against seven of the eight accused, when they were stopped by lawyers of the Kathua Bar Association and Young Lawyers’ Association, who had gathered on the court premises.

In a video that is available online, the lawyers can be seen shouting slogans like ‘Kathua Bar Association zindabad‘ and ‘Go back, crime branch go back; we want CBI probe’.

A senior police official said that though a team of the J&K police was rushed to the court, the protesting lawyers didn’t let the probing agency’s team perform its “lawful duty”.

The drama continued for more than an hour, following which the crime branch team was forced to return along with the seven accused. It later filed the chargesheet the same evening, at the chief judicial magistrate’s official residence.

“We will not under any circumstances allow presentation of this chargesheet by the crime branch until transfer of the investigations to the CBI,” Bar president Mahajan can be heard saying in the video soon after the crime branch team left the court premises.

BCI’s clean chit to Kathua lawyers

Four days after the incident, the Supreme Court slammed the lawyers for obstructing legal process in the case and sought an explanation from the BCI, J&K high court and state government on the issue.

The BCI formed a five-member team led by former high court Justice Tarun Agarwal and sent it to Jammu on a fact-finding mission.

In its report, submitted to the top court on April 26, the BCI said the Kathua lawyers didn’t prevent the crime branch team from filing a challan before the court and blamed the media for “misreporting”.

In fact, the council went beyond its mandate and said the “demand” for a CBI probe into the crime “seems to be justified”. It also dismissed repeated statements from advocate Deepika Singh Rajawat, who is representing the victim’s family, alleging that she was threatened by the lawyers’ body and warned against appearing before the high court.

During their visit to Jammu, the BCI team had neither met any crime branch official probing the case nor any official from the J&K police, which has filed a case against the lawyers over the April 9 incident.

The evidence BCI overlooked

In his report to the registrar general of J&K high court on April 10, the day after the incident, principal district and sessions judge Kathua, Sanjeev Gupta, wrote in detail about the protests by the lawyers outside his chambers. He wrote:

“As soon as the Crime Branch team arrived in the premises of the court of Chief Judicial magistrate, a group of lawyers resorted to a massive and intense protest demonstration. The lawyers numbering 40 to 50 raised slogans against the Crime branch…the other members of the Bar also joined the protest demonstration…the accused seven in number were brought in custody but they could not be produced in the court because of the continued protest demonstration by the lawyers… In the meantime, the court time was over but the demonstration of lawyers continued. The team of Crime branch made a hasty retreat from the court premises and took accused along with them. The Chief Judicial Magistrate remained in his office chamber till 6 pm…the lawyers also remained standing outside the court raising slogans and demonstration. In view of the sensitive nature of the case, the Crime Branch officials were advised to bring the accused to the official residence of chief judicial magistrate at 8 PM.”

The report goes on to say that some lawyers assembled outside the official residence of the chief judicial magistrate at 7:45 pm along with journalists, but left thereafter.

“Almost all members of the Bar Association Kathua have assembled in the premises outside the court and they were protesting vociferously against the production of the challan in the matter (the rape and murder) in the court of the law,” reads the chief judicial magistrate’s report.

In a separate affidavit filed before the Supreme Court, the registrar general of the J&K high court said that reports were received that some lawyers of the Kathua Bar Association created a hindrance when the challan was to be presented before the court.

Subsequently, according to the affidavit, a report was sought from the principal district and sessions judge Kathua, which “confirmed that obstruction was caused by advocates”.

The state government had also filed a separate report to the Supreme Court, giving a detailed account of the protests by the lawyers and how the crime branch team was prevented from filing the challan.

While all the eight accused, including mastermind Sanji Ram, his son and nephew (a minor) and three policemen have already been arrested, the Supreme Court on April 27 stayed the trial in the case and asked the accused to respond to a plea by the victim’s family for a transfer of the case to Chandigarh.

The case is listed for hearing on May 7, but the state government has opposed the transfer. “There are more than 100 witnesses in the case who won’t be able to travel to outside for the case-related matters…there is also the language barrier,” said J&K law minister Abdul Haq Khan.

The victim had gone missing from outside her home in Rasana village on January 10 and her body was found in a nearby forest a week later. According to the chargesheet, she was held captive, sedated and gangraped before the accused killed her on April 14.

Mudasir Ahmad is a Srinagar-based reporter. 

‘National Security Conversations’ Episode 1: Wuhan India-China Summit

Happymon Jacob, associate professor at JNU, discusses the recently concluded ‘informal’ summit meeting between PM Modi and Chinese president Xi Jinping with Alka Acharya, professor of Chinese Studies at JNU.

Happymon Jacob: Hello and welcome to National Security Conversations with me, Happymon Jacob. The summit meeting between Prime Minister Narendra Modi and Chinese President Xi Jinping has just been concluded in city of Wuhan in China. While we are still awaiting the details of the summit meeting, there aren’t too many expectations in terms of agreements and declarations coming out of this meeting. In fact, the two leaders went into this meeting without any expectations themselves and therefore the meeting has been called an ‘informal’ summit. In that sense, this summit has been about going back to the negotiating table and not about negotiating anything new or different.

Sino-Indian relations have been under great stress lately, especially in the aftermath of the Doklam standoff at the tri-junction between Bhutan, India and China. There has been a lot of rhetoric, mudslinging and propaganda between the two sides in the wake of the Doklam crisis. The Wuhan summit needs to be viewed in the context of this vitiated atmosphere and a desire for stability and rapprochement between the two sides.

The summit in that sense has perhaps provided much needed thaw between India and China. This is certainly a good beginning but there are several questions that need to be answered. Has this summit meeting come too late in the day to have achieved anything substantive? Is this summit meeting more about optics rather than about substance? Will the two sides be able to translate the warmth in Wuhan to their day-to-day military engagements on their border? Is the international system conducive for a Sino-Indian entente cordiale? These are some of the questions we need to ask at this point, now that the Wuhan summit is over.

To talk to us about this and more we have professor Alka Acharya from School of International Studies, Jawaharlal Nehru University. Professor Alka Acharya is professor of Chinese studies at the Jawaharlal Nehru University. She was until recently the director of the Institute of Chinese Studies in New Delhi. She was also the editor of China Report, one of the finest academic journals on China. She was also a member of the National Security Advisory Board of government of India. Professor Alka Acharya, welcome to the National Security Conversations.

Alka Acharya: Thanks Happy.

HJ: Prof Acharya, could you please give us some general background to the run-up to this informal meeting we just saw taking place in Wuhan.

AA: I think you did refer to Doklam as having constituted a kind of a low-point in the relationship. Last year, in summer for 73 days, armies from both sides were facing each other. A new low as well in the kind of invective that came out from both sides, more on Chinese side one must admit. Surprisingly, the two sides did make repeated references to 1962, that we are not the India of 1962 and China said neither are we. So this brought the entire discourse to a completely new low and especially when for the last 20 years, we have been patting ourselves on the back that we are more or less getting past 1962 – new treaties have come up, quite border, not a shot has been fired and all these kind of things.

In fact, both the sides takes considerable pride in the fact that this is the longest contested border and yet it is the quietest. So I think, Doklam really brought the two sides up against a very, very formidable issue – is the substantial achievement of Sino-Indian relationship actually going to just fritter away because of this? So that was one of the wake-up calls and I think the second part was also that this is new element in the whole boundary dispute that it’s just not about what India and China between us are dealing with but then now we are now also getting problems – CPEC on this side and the Doklam which involves Bhutan, India and China tri-junction on the other side. So clearly it’s becoming much more complex kind of an issue.

HJ: In other words, there was a sense that things were getting out of control and there was a desire to bring things back on the track.

AA: Yes, so when we are looking at run-up to Wuhan, Doklam becomes a very significant watershed. But equally, the intensity of Doklam was heightened by the few years proceeding where the two sides literally seemed to be pitted opposite against each other on a range of issues. There were questions about China’s support to Pakistan with regards to terrorism, its unwillingness to concede India’s demand that they should support permanent membership of the Security Council and other minor irritants that did play out.

It seemed as if the two sides were no longer considerate about each other’s sensitivities. So where was the meeting point? And of course in the midst of this, the talk would come about of how even economic ties were not showing the kind of dynamism, it was highly imbalanced and so on. So, all in all, I think, Doklam brings us to a point when the relationship has been steadily unravelling in many ways and not very positive momentum and not a very positive political sort of interaction.

HJ: So, in that sense and that context of a desire to build stability between the two sides, what do you think are some of the key achievements of the Wuhan summit? I think one of things that the two leaderships have said is that they will issue strategic guidance to their respective militaries to strengthen communication and build trust and understanding. What does this really mean? Does that mean that the militaries of India and China were behaving in a particular manner on the border without the green signal or go ahead by the political establishment? Now, the political establishments today thinks that it is important to tell their militaries to behave themselves. Is that the correct way of reading this particular statement?

AA: Well, I think, in effect it would boil down to that because some of the analysis that I have seen seems to suggest that many of these incursions are happening not just because of the fact there is a difference of perception where the Line of Actual Control runs but also because army commanders on the ground are taking unto themselves to take these patrols into undefined territory.

For instance, when Xi Jinping was visiting India and the incursion that happened along with the visit, it was suggested that this happened because the army commander did not have contact with the headquarters. This may seem strange but if we look at what is being discussed at Wuhan now, it would appear that possibly there is some disjunction or disconnect between the people who are in those very far-flung territories and sometime 15 days away from nearest controlling point… possibly there could be some miscommunication.

HJ: Professor, this is very important because in many ways, in what it means that despite the desire of the two political establishments to maintain stability between two strong powers in Asia, tactical factors, local level military factors can create problems at the strategic level. Isn’t that worrying?

AA: That’s what this new direction to the military would suggest, though, to be fair, I would say that…may be the local level commanders are not doing this deliberately because the problem is, that there is no line of control which is mutually agreed upon. So there is that perception gap. How do these new strategic understanding that they will communicate to the commanders be translated on the ground?

Let us keep in mind that this is a huge length of territory and there are areas which are completely uninhabited. The points where incursions are happening or where sometimes they come face-to-face are about 15-20 along Line of Actual Control, so I don’t think it’s a very difficult matter to control the process of this engagement at those very critical points. They are with reference to certain passes, they are adjacent to certain territories, they are located in some of the well-worn routes, these are the areas where there is possibility of misunderstanding and I think that’s probably what will now be attended to.

HJ: So you then argue that this is probably one of the best outcomes of this meeting that they have put their heads together and sort of recognised the problem as it where and said hey that this needs to be done and issued a strategic guidance. So wouldn’t you say this is one of the best outcomes of this summit meeting?

AA: If we keep Doklam in the background and then looking at this new understanding that they seek to the strategic understanding which will be communicated to the military commander. I don’t think that the two are directly linked because Doklam did not involve misperception in the way in which other incursions are between India and China. This involves a third country as well and India went in because Bhutan requested help, as we are informed.

In one sense, these incursions are structurally part of this situation and they say that it’s not a big deal, whether it has been UPA in power or NDA, the same kind of statement has been made. So I’m therefore suggesting that it’s not the incursions per say but because the boundary is such a sensitive issue and because the idea is that we should reduce these incursions because (a) they tend to inflame public opinion, (b) they tend to always arouse within the strategic communities on either side a certain negativity, about the intensions of the other, its best to control this process.

To that extent, I think it’s good because it sends again, very importantly, a signal that the political leadership is committed to ensuring that there is peace and tranquillity and whatever further prophylactics are needed by all means we welcome it. I do believe that our focus is overly on management and once again we have come up with yet another scheme by which we seek to manage the border, whereas I think now we have reached that point where we know we need to now actively move towards resolving.

But indefinitely to focus only on how to just keep managing a contested border is bound to create situations in the future again and so I think now, I hope at the informal level maybe the two have said, ‘Ok, while we need to still show that the management is important, we need to move towards a resolution and we can see that there are slight indications that the consideration of resolving the boundary could begin.’

HJ: What make you say that, because there is a clear, worrying lack of incremental progress towards the border negotiations and resolving the border conflict as it were? You have the National Security Advisor of India, who is the special representative for Sino-Indian boundary talks, he has absolutely no time in his hands – I mean how many things will he manage? To my mind the very fact that you appoint the National Security Advisor to have talks with China on the border issue shows that there is always so much progress that would take place. You have pro forma visits, you have informal summits and you have the National Security Advisor as the representative of boundary talks, so this actually means there is not going to be much incremental progress towards the resolution.

AA: I think if you look at various kinds of documents that have come about or the kind of statements have been made or even the writings by some of the former officials, you will see that it appears that much of the negotiations about what needs to be done has been completed. The question now is how you bring about the quid pro quo. And over that I think you need the right ambiance. You certainly can’t have ambiance where you are doing quid pro quo where you may be possibly compromising on certain kind of parts of the territory, in a situation where China is seen as possible threat and enemy. I feel that the ambiance is now being created by this informal summit.

HJ: Prof Acharya, this is a very interesting point you are making – that much of negotiations on the boundary is probably over, what needs to be done now is for the two heads of the two governments to come together and to agree on the quid pro quo, what need to be done in order to sign that final document. What is missing? What is lacking? What needs to be done for the two sides to get to that point?

AA: I think informally, what we gather is that the negotiations are now stuck on Tawang. What had initially been virtually promised by the 2005 agreement that settled populations will not be disturbed, it seems that some re-thinking is happening within China, because Twang is now being associated with very strong spiritual aspect in terms of the Tibetans and their feelings and therefore now it appears that as if there is some kind of re-thinking in China about the status of Tawang.

So therefore, I think the question now is going to be a very delicate one, because obviously Tawang apart from the spiritual, because we also have a substantial Buddhist population for whom Tawang is equally important, but strategically the location of Twang is very critical for India’s security. And in fact I remember, when I was a part of National Security Advisory board there was actually a very interesting discussion as to how can we ensure that both India and China have stakes in Tawang. And can we evolve some mechanism whereby Tawang could be jointly looked at by the two countries. So, there are interesting ideas which have been floating around but when it comes to high politics and when it comes to national projections, I think these ideas tend to get lost and they are not even considered as part of the overall process.

HJ: In other words, we know what to do but we don’t have the political courage and willingness to do that. To go back early question that I asked, there is also an announcement for a joint economic project in Afghanistan. How do you view this? Does it create problems in Sino-Pakistan relations? How will Pakistan respond to that? For instance, Pakistan has been very clear for a very long time that India should get out of Afghanistan, this is our backyard and India has no role to play. So a Sino-Indian joint economic project in Afghanistan, that might come as surprise for Pakistan. How do you see this?

AA: I doubt it…I think this is not something very new. I am part of a track two dialogue, which is a Russia-India-China academic scholars conference, which has been going on for the last 15 years and nearly about six to eight years ago, this idea was mooted in one of the conferences, to which the Chinese responded very enthusiastically. Of course, these are Chinese scholars but they were representing institutions which are affiliated to the Ministry of Foreign Affairs. So this proposal came up, it was sent also as part of report to the concerned authorities.

And I don’t think that we have actually pushed the Chinese enough with regards to Pakistan and some of the aspects over there. I think we’ve made it too much of a problematic issue between India and Pakistan and therefore the role of China, such as it could be, is not even considered. For instance, the Chinese enthusiastically saying that, yes a joint project would be very good, means that they know, that they can convince the Pakistanis, not to stand against it. Or, that they will be able to reassure the Pakistanis that this does not mean diluting Sino-Pakistan special relationship.

So, I think we have a possibility now of various forms of collaboration which can bring in Pakistan and give it equal stakes along with us and the Chinese in Afghanistan, which is not a bad outcome to my mind. Otherwise you would always have situation where two countries are working, and the third is working at cross purposes. Afghanistan would also benefit I think but the whole point is, how do you actually balance out the different equations and different expectations from the three parties. Sometimes it may be interesting to call the Chinese bluff and take it up and see how it goes…you know we reject those possibilities…we completely refused to consider them.

About cooperating in CPEC or cooperating in Afghanistan, these are new ideas of course and certainly require time for the establishment to get around their very traditional views. Scholars of course can keep playing with these ideas and throwing them around. I think it would be useful to think in terms of a China-Pakistan-India dialogue on Afghanistan to begin with. The whole scenario is changing. You have the Russians now coming in a different way….whole Central Asia is opening….you don’t have access to Central Asia. You’re literally bound in one sense by your limited access. How do you break out of it? Some kind of radical thinking has to be thought, you cannot possibly go across the ocean, road and land all the time. So I think Afghanistan offers an interesting possibility.

HJ: Prof Acharya you made a very interesting point about calling the Chinese bluff on CPEC. I’m going to probe that a little further. How do we call the Chinese bluff on CPEC? Are you suggesting that India should try and convince the Chinese to tweak the CPEC in a way that India can then be potentially part of it. Is that what you are getting at?

AA: Well, one of the suggestion for instance, India’s point is that this is our territory and by calling it the China-Pakistan Economic Corridor, they are actually negating India’s territorial claims and India’s sovereignty over the area of concern. Now, for instance one suggestion came that supposing we change the name – we don’t call it CPEC, so that the fact that this area is contested can be somewhere part of the picture but at least India also gets stakes in what it considers its own area, otherwise your sitting on the side and watching the process unfold and simply beating your chest about your sovereignty and how this cannot be done. So when I say let’s call the Chinese bluff what I mean is, would the Pakistanis agree to this? Will the Chinese be able to convince the Pakistanis? Because the original agreement which is constantly reiterated by Chinese is that Pakistanis entered the transfer of this territory in 1963 and once India-Pakistan sort out their problem, they will deal with whoever will be controlling it.

But that was 1963 and now it’s 2018. So, we have a situation where the de facto control has been with one country, a third country has come in, the whole area has been developed. Whether it fails or succeeds – these are different issues entirely. The question is that an area on which we claims sovereignty is being developed by two other countries and there is an offer that you be part of it, whenever the problem get sorted out…of course the sovereignty issue will be sorted out.

HJ: So one is renaming it CPEC. That is one way of getting around the CPEC issue or calling the Chinese bluff as you put it. What else can you suggest?

AA: No, renaming was simply so that de facto China Pakistan do not get certain legitimacy because this is territory that is also ours. So that was one – that led us not stop or stall the developmental progress, let that continue, but you also have stakes in. Then the whole question about how do we push for peace in the area and how do we consider the interests of the people in the region and how do we bring certain kind of progress and so on to this whole area which is one of the most backward areas?

HJ: In the context of argument that you’re making, do you then think that the Indian government reacted prematurely to BRI and CPEC poised by China or should there have more thinking about strategic implications of BRI and CPEC in New Delhi?

AA: I wouldn’t say that they acted prematurely, the point was that what the Chinese did was first of course they announced it… the one problem that most Indian official establishments have was that there were no consultations. To which Chinese said, that they didn’t consult anybody, they just put it out there and all those who are interested can talk. But the other problem was that the Chinese then brought in all manner of connectivity projects that were underway in Asia, outside Asia, within the rubric of Belt and Road so that CPEC becomes one of the very significant legs of the BRI so does the BCIM.

This you could say was something that was extremely unpalatable. One involved the question of sovereignty and the other involved something that we were all already doing. So you took a position that unless and until concerns of sovereignty are sorted out we can’t be part of connectivity projects and because you therefore extrapolate that concern, within what are Chinese intensions? What is strategic game plan? How do they intend to use these for their future strategic objectives? But the BRI per say I think we could have given some more thought to it, because it’s not as if it’s something that is going to only benefit China. You won’t have more than 60 countries around the world signing up for these projects. Unless they perceived some benefit coming out to them. You have your entire neighbourhood endorsing this so enthusiastically, even though there are some concerns about debt trap and so on. You saw what the Sri Lankans said, we’ll handle it. So, I think this is great opportunity that if in this informal summit, Modi can actually get these two things going. One, get China invested in our development as well and partner with China in our neighbours. You need to be present in the neighbourhood not as a country which is blocking their options for other sources but as a country which actually can have different strengths, which they can bring to the table, which China cannot.

HJ: If I paraphrase you, you basically are saying that India should not be too worried about Chinese involvement in South Asia in the region, in the neighbourhood. It is also in sense China’s neighbourhood and therefore, India and China should find ways of cooperating and collaborating in the neighbourhood rather then get into competition.

AA: One thing we must recognise is the ability of the neighbourhood, our neighbours, to exploit China as a countervailing factor is the direct outcome of the India-China ties. You improve India-China ties and immediately the scope for the game as it were, where China becomes sort of saviour and India is projected as a spoiler immediately reduces. The moment India-China ties improve, Pakistan also becomes a slightly different problem. Fixing this Sino-Indian relationship is the key to sorting out the Chinese role in the sub-continent.

HJ: And changing the mind-set in Delhi that the Chinese are encroaching into our traditional sphere of influence and therefore something needs to be done to make sure that these small countries in neighbourhood don’t go bandwagoning the Chinese.

AA: Ten years ago, we didn’t hear this argument from the Chinese, today we are hearing it. Scholars are saying what do you mean extra-regional role of China in South Asia? South Asia is China’s neighbour and it has as much of role as any other country. See it is also a structural problem because as the Chinese rise in their power and capacity and scope, they’re going to play a bigger and bigger role. It’s natural. The question now is how do we manage, after all, India is also seemed to be now growing, this asymmetry is a bit of a problem and I think that’s the root of the way in which we are trying to manage the China problem.

HJ: Going back to the Sino-Indian relations under Mr Modi, things began very well under Mr Modi, the chemistry between Mr Xi and Mr Modi was fantastic. But then things fell apart, now I think, the chemistry is coming back, there is thaw, a rapprochement and there is recognition that it is important to invest in stabilising the relationship with China. What has led to this new realisation? Is it the unavoidability of Sino-Indian relations? Is it because Chinese economy is so huge that you can’t avoid it, is it because everyone else is jumping on the Chinese bandwagon. So what has led to this change of mind in New Delhi, in Mr Modi’s mind in your opinion?

AA: It’s a combination of a lot of things, some of which you have mentioned. First and foremost, we must realise that the last few years have been somewhat bizarre. It’s not as if the issue of Sino-Pakistan relationship is something new. We have been dealing with China-Pakistan special relationships since 1960s. We always wondered where exactly this would lead to; we are beginning to now see where exactly and how exactly it can harm us. So that’s one issue. The second thing is that the kind of problems that came up particularly, this Masood Azhar, and the other issue of Security Council membership. If you see, the last few years these three issues become virtually a test case for Sino India friendship. If you’re not going to vote against the Masood Azhar being declared a terrorist or if you’re not going to support our membership of UNSC, then entire relationship will flounder and then starting to use your own pressure tactics and so on. These irritants and these problematic issues which are part and parcel of any relationship suddenly became barriers to further development. In one sense the initiative for guiding the India-China relationship goes out and we literally are pursuing a path which is essentially about competitive power politics without fully factoring in as to who would benefit out of this.

HJ: Prof Acharya, notwithstanding these structural and the strategic rationale for the engagement that is taking place now, what is the rationale for PM Modi? He is one year away from elections and Xi Jinping just come back to power in China. What is the rationale for these two leaders to reach out and make peace and sort of try and calm things down? Does it really benefit Mr Modi electorally? Is there domestic political rationale to it? Is there a domestic political rationale to it in China? As scholar of China what do you think about it?

AA: I don’t see this as some kind of new thaw or anything of that sort, if Doklam is the point at which the whole thing became imbalanced, now we trying to regain the balance. One way to regain that balance is that you re-affirm the political commitment at the highest level, to this relationship as very important for both these countries. And I think Modi’s visit is essentially intended to signal that, to identify the weak spots, to ensure that Doklam doesn’t happen again. If you want rationale for why now, yes we are less than a year away from general elections and clearly another Doklam would queer a lot of pitches in India. So, we need to see how Doklam doesn’t happen again and specially as I said in the beginning that Doklam happens to be slightly different from normal border problems. The regional dynamics are such that your space, you’re being squeezed. People are talking about how China’s enlarging presence in neighbourhood is actually starting to constrict your role in the region which you yourself are allowing.

HJ: Rohingya issue is a good example.

AA: Yes, to be completely swamped by the situation and not making any attempt to move out of it, by constantly opposing something that cannot at this point be pushed back. You cannot push China out of this region any more.

HJ: More you withdraw, more China will come in.

AA: More you withdraw, more China is coming in. In that sense, the initiative seems to be going out as far as region and I think Mr Modi is trying to regain that initiative. Allowing other factors to come in to the India-China strategic equation has actually derailed it and somewhere he wants to once again bring that on track. And finally, I think the pressures that both countries are going to be facing from the new economic global challenges. At this point, India is the only comparable country to China in Asia with the same kind of concerns and challenges as far as economic order is concerned. And for China, it’s very important that they partner with India in dealing with these changes and finally, I think Mr Modi has to show something before he goes to the polls. Chinese are the only guys who can come in and actually produce some very impressive kind of changes, particularly if they come in with the investment. I mean Japanese came with the bullet train, what happened? We haven’t heard anything about it so far. You need action and rapid action, implementation of certain decisions which have already been taken between India and China. Fast track those.

HJ: You therefore say this is time to take a decision on the border question because the negotiations has been completed and you now have an opportunity to take that decision and that will actually go well for Mr Modi.

AA: I think so, somewhere while we keep saying that the border is being managed, it still is a source of suspicion and mistrust and so somewhere, now the bullet has to be bitten.

HJ: Prof Acharya, you are giving me a very optimistic picture, there are a lot of people in India who make the argument that the Chinese cannot be trusted. The power gap between India and China is increasing (military and economic power) and China is an aggressive rising power. So there is a fear in India that this is probably not a benign great power, this is going to be an aggressive power. Should we be worried?

AA: Look, one problem that one has with this whole notion is that China is rising, it is aggressive, that is something that I think has not been looked at very carefully. It’s a much more nuanced picture that is coming. As scholars of international relations, we focus on this whole nature of power in international relations and the question to ask ourselves is: Is China as a bigger and bigger power any different from the kind of powers that dominated the system earlier?

Does China behave or use its power in the same manner as the erstwhile powers or the way in which interventions are done or countries are sought to be overrun. I don’t think we are seeing that kind of interventions or that kind of power at this point. I’m not suggesting therefore that we need to be complacent about China. There are enough problems, we need to understand where the threat is, where the problems are and where the tensions is. But we need to do it in an informed manner and we need to do it from our own perspectives, not from perspectives that are imported and are used as the basis for dealing with China.

HJ: Prof Acharya great pleasure talking to you.

 

 

 

 

Still No Trace of Rebati Phukan, the Missing Former Peace Negotiator for ULFA

According to his son, Phukan may have become ‘a victim’ for his efforts to bring his childhood friend, ULFA (independent) chief Paresh Barua, to the negotiation table.

New Delhi: Rebati Phukan, former footballer, businessman and a member of the People’s Consultative Group (PCG) formed by the United Liberation Front of Asom (ULFA) in 2005 to mediate between the separatist outfit and the Centre, went missing from Guwahati on April 22.

The news has created a sensation in Assam considering he was seen close to ULFA (independent) chief and his childhood friend Paresh Barua. Barua has been opposed to the ongoing talks between the Centre and the pro-talks faction led by former ULFA chairman Arabinda Rajkhowa as it has kept out a discussion on the outfit’s core demand of ‘sovereignty’ for Assam.

As per local media reports quoting police sources, Phukan was staying alone at home, a rented accommodation, at Ambikagiri Nagar, and as per his daily routine, had gone for his morning walk on April 22 but didn’t return home. He was last seen by an auto-rickshaw driver near the Assam State Zoo.

His son, Kaushik Phukan, a tea planter in upper Assam, rushed to Guwahati on informed about it. He told reporters that his father could have become “a victim” for his efforts to bring Barua to the negotiation table.

“My father has been trying to facilitate talks between ULFA and the government for a long time. He had visited Bangladesh, China and Myanmar between 2007 and 2015 and met Barua towards this end. For the past three months, he had been working on the clauses of a document which would have been acceptable to the ULFA (I) leader to initiate negotiations,” he said.

This past April 26, in a press meet, director general of police Mukesh Sahay told reporters that the police got to know about it three days later. He said the chief minister had taken a strong note of the incident and had asked him to immediately conduct an inquiry to trace Phukan. Sahay said he had formed a special team under the leadership of Guwahati Police Commissioner Hiren Chandra Nath for the purpose. 

“We have alerted the railways, airports, and all other possible places to find him. He returned from visiting his daughter in Pune on April 19. For the last few months, he was not keeping well. Some time ago, he had a surgery too. So, we are tracking all hospitals as well. We hope to get a breakthrough soon,” DGP Sahay told reporters.

Meanwhile, talking on the phone from an unknown destination, Barua told the Assamese news channel Pratidin Time that it could be the handiwork of some pro-talks leaders who were opposed to him joining the talks. He said if Phukan had indeed worked out a process through which the Government of India would discuss peace with ULFA (I) including the contentious subject of ‘sovereignty of Assam’, “it would be easy to see who would be affected by it”.

Pro-talks leader Rajkhowa told reporters, “I have not been able to sleep since the news came. It is a mystery. I request his family to be patient.” Another leader Anup Chetia said, “Fingers have been pointed at pro-talks leaders but I feel the Police department should unfold the mystery.”

A pro-talks leader, who didn’t want to be named, told The Wire, “The talks are in final stages. Everything is decided. We are just waiting for the final National Register of Citizens to be declared and also the Supreme Court’s order on the petitions around Assam Accord. At this juncture, I don’t think Barua would really be interested in joining the talks.”

Besides Phukan, the People’s Consultative Group had 10 members led by Gnanpith awarded Assamese writer late Mamoni Raisom Goswami. Two rounds of talks took place between the Group and the Centre in 2005. The third round scheduled for mid-2006 failed to take off as the ULFA insisted on discussing Assam’s ‘sovereignty’.

In 2009, Rajkhowa was arrested in Bangladesh and brought to India, followed by Anup Chetia who was kept in a jail in that country for nearly two decades. These leaders, joined by a few others, began peace negotiations with the Centre. The People’s Consultative Group was dissolved in February 2011 by the ULFA leaders led by Rajkhowa, declaring it unconstitutional as the outfit’s constitution nowhere allowed such a body.

North Korea Wants to a Strike a Deal – Is Trump the Right Man for the Job?

Donald Trump has always traded on his image as a master dealmaker – but many deals have been done with North Korea before.

After a fearful year of brinksmanship, the recent summit between South Korean president Moon Jae-In and North Korean supreme leader Kim Jong-un was a beautiful moment of hope. The two leaders stepped back and forth over the Military Demarcation Line between their two countries and shared Korean cold noodles brought specially from a famed Pyongyang restaurant. They planted a tree and fed it water from two rivers, North Korea’s Taedong and South Korea’s Han.

Given the number of nuclear tests and missile launches the north has conducted since the last summit between two Korean leaders, all the way back in 2007, the spectacle of Moon and Kim smiling as they crossed their shared border has sent a wave of relief around the world. It seems Moon Jae-In’s gamble of inviting North Korea to the winter Olympics has paid off in spades.

Everyone has now returned safely home, but the near euphoria is still palpable. With reports that Kim apparently told his southern counterpart that giving up his nuclear weapons is very much on the table, many are staring to hail this as a new era in inter-Korean relations. Some appear to already believe that the technically-still-underway Korean War is just about over – and Donald Trump in particular is already claiming credit.

The idea that Trump is solely responsible for this breakthrough is, of course, preposterous. If anyone deserves primary credit it’s Moon, who staked his political career on engaging the North Koreans during the Olympics. But soon, Trump will have a chance to show his mettle, as his administration is busy preparing its own summit with the North Korean leader.

It’s certainly too early to nominate Trump for a Nobel Peace Prize. But if his administration does somehow manage to normalise relations on the Korean peninsula, it will be important to ask why he has apparently succeeded where many others – including Nobel Peace Prize laureates Barack Obama, the International Atomic Energy Agency, and former South Korean president Kim Dae-jung – have floundered. Unfortunately for Trump’s self-esteem, top of the list of reasons must be not his own geopolitical nous, but circumstance.

Right place, right time

It’s undeniable that throughout 2017, the Trump administration was heavily involved in pressing for extensive sanctions at the United Nations Security Council. Those sanctions focused on blocking most of the north’s conventional trade links, a move which had not previously been attempted in earnest. But the reality is that the Trump administration inherited a political situation that was, as renowned conflict professor I William Zartmann would say, “ripe”.

Sometimes called “hurting stalemate”, a “ripe moment” in a conflict comes when the suffering and costs faced by one or both sides force open a window of opportunity. This is what has happened on the Korean peninsula. For all the nuclear breakthroughs, the north’s economy has very little room to breathe thanks to the sanctions.

South Korea and Japan are now facing a North Korea that is equipped with a broadly credible nuclear deterrent and Trump’s mixed messages towards them have confused their once dependable security relationships with the US. It is at just these sort of moments that breakthroughs in seemingly intractable conflicts are often made.

North Korea is seen very differently today than it was in the aftermath of the Cold War. Back then, it was a famine-stricken country apparently on the verge of collapse, supposedly led by an irrational tyrant, and probably bluffing about its nuclear machinations. For all those reasons, talking to it wasn’t a priority. Instead, patience was needed. In the case of the Obama administration, this principle was revived and taken to the extreme as a policy of “strategic patience”. And if stopping the north from going nuclear was the intention, that approach backfired spectacularly – Pyongyang was ultimately simply not interested in dropping its guns just to get to a negotiating table.

Only now, after a programme of tests that got it admitted to the world’s exclusive nuclear club, is North Korea ready to talk openly with the US about a dramatic change of course. So what kind of talks will these be?

Just another deal

In his own telling, Trump is a man who likes to talk and make deals – almost regardless of who is on the other side of the table. That said, judging by his first year or so in office, he is less interested in making new deals than in leaving or threatening to leave existing ones, notably the North American Free Trade Agreement and the Iranian nuclear deal.

But a deal is not enough – what is needed is confidence building, a far more complex task. It demands clear communication lines between all sides as all the actors remove their threat mechanisms and replace them with new connections that ultimately become more important. For that to happen, Trump and his allies will have to accept the fact that, by virtue of its nuclear know-how, North Korea is no longer weak. It will not accept anything that will force it to disarm first.

Making deals with the North Koreans is in fact relatively easy, and many have been struck before. Among them are the 1953 Korean Armistice; the 1972 North-South Joint Statement, which set out principles for reunification; the 1994 Agreed Framework, which provided a complex mechanism to manage the north’s nuclear energy needs; the 2000 North-South Joint Declaration, which sought to end the armistice; the 2007 Inter-Korean Eight-Point Agreement, calling for new peace talks; and the 2012 Leap Day agreement with the US, where Pyongyang agreed to stop its missile and nuclear tests.

That the list of deals is this long proves that adding yet another entry won’t in itself mean much. Trump needs to offer the north, not just a friendly handshake, but concrete measures and guarantees – and those will have to go well beyond what we’ve seen in the last week.

Turning off the speakers that blast propaganda across the border from both sides is a nice gesture, while reopening a telephone hotline between the two Koreas is useful – and sending Mike Pompeo (now Trump’s secretary of state) to Pyongyang paved the way for further discussion. But none of these steps has cost any of the parties anything substantial. More importantly, the north has not publicly promised to unconditionally renounce its nuclear weapons programme – it has offered to dismantle the programme, but only if the US promises never to invade it.

The ConversationEven if a concrete deal of some kind is struck, the test will be whether, once it is done, the US can project the confidence and stability needed for all parties to actually fulfil their commitments. And that would demand the Trump administration exercise clear, stable leadership of a calibre it has yet to muster on any front.

Virginie Grzelczyk, Senior Lecturer in International Relations, Aston University

This article was originally published on The Conversation. Read the original article.

Upper Caste Men Attack Dalit Groom for Riding Horse in Rajasthan

This is not the first time that members of the Dalit community have been attacked for riding a horse as part of traditional ceremonies.

New Delhi: A Dalit procession was allegedly attacked by upper caste men in Rajasthan’s Bhilwara district on Sunday night due to outrage over a Scheduled Caste groom riding a horse, according to an Indian Express report.

“After we decided that we will bring a mare for the Bindoli procession of my younger brother Uday Lal, we started getting threats from the village. We submitted an application to the police following which they provided us security. But at the time of the attack, they did nothing,” said the groom’s older brother Bhanwar Lal Regar.

For Regar, the incident brought back memories from eight years ago. In 2010, when he was part of a similar procession for his elder brother’s wedding, upper caste villagers had stopped them for the same reason and pelted stones at them.

He alleged that most of the attackers were from the Gurjar community. “Around 40-50 people, all of them were from the Gurjar community attacked us,” said Regar. In Bhilwara, however, the police denied reports of inaction and said that seven people have been arrested so far.

This is not the first time that members of the Dalit community have been attacked for riding a horse as part of traditional ceremonies. In fact, such incidents have routinely taken place place across India. In 2015, a similar incident of attacking a Dalit groom occurred in Ratlam, Madhya Pradesh. Certain upper caste members threw stones at a Dalit groom for riding a horse, following which they took away the animal with them. When the procession arranged for a second horse, the villagers came back to attack, because of which the groom had to wear a helmet all the way.

Last year, upper caste men from the Rajput community in Haryana allegedly pushed a Dalit groom from his horse and beat him up for performing the ghurchari ceremony. In fact, less than a fortnight ago, in Madhya Pradesh’s Ujjain, stones were pelted at a Dalit groom who chose to ride a horse during his wedding procession.

In this context it may be useful to recall the recent judgement by the Supreme Court regarding the SC and ST (Prevention of Atrocities) (POA) Act 1989 . On March 20, the apex court banned registration of criminal cases and automatic arrests of government officials as well as private citizens under the SC/ST Act. Perceived as a dilution of the existing Act, Dalit communities across India took to the streets, demanding that the Central government file a petition to reverse the apex court judgment. A Bharat Bandh was called by Dalit outfits and was marked by widespread protests, including incidents of violence in several parts of northern India, in which at least half dozen people were killed and property damaged.

Karnataka Assembly Election: Which Way Will the Lingayat Vote Swing?

The Wire spoke to members of the Lingayat community about whether they support Siddaramaiah’s decision to recognise Lingayats as a separate religious group.

Bangalore: In northern Karnataka – considered to be the stronghold of Lingayats – the community seems divided on the state’s recent decision to recognise Lingayat as a separate religion, thus granting them minority status.

In March, the Congress government led by chief minister Siddaramaiah recommended that Lingayats and Veerashaivas – who follow the teachings of Basavanna – should be recognised as a separate religion. This has caused a political upheaval across the state.

Since Lingayat identity is not easily distinguishable from mainstream Hinduism, many Lingayats, especially Veerashaiva Lingayats, are angry at the Congress because they think the party is trying to divide their community along caste lines. Those opposing Siddaramaiah’s move are accusing him of promoting casteism and those in favour of the recommendation are arguing that it is recognition of their long-standing demand.

“Siddaramaiah is playing politics, and politicians themselves are creating a divide between Lingayats and Veerashaiva Lingayats,” declares Sidramappa Annadure, a farmer belonging to the Lingayat community from Bhalki constituency in Bidar. “One day, there will be a religious war” because of this, he adds.

“These people want to divide our community and religion,” says visibly-agitated Mallikarju Swami, another farmer belonging to the Lingayat community from Harnal village in Bhalki taluk. Swami believes the latest move by the state is to ensure that a person belonging to the community does not become chief minister. “Karnataka has Lingayat majority, so the chief minister should be a Lingayat and then a Vokkaliga. Siddaramaiah is trying to destroy this equation so that a Lingayat does not become the chief minister,” argues Swami. “By this move,” he adds, “we will end up fighting amongst ourselves as Veerashaivas and Lingayats and others will benefit.”

Chandrakanth Gama, another resident of Bhalki, says, “Siddaramaiah has proposed this recommendation to win votes. He has not done this for the Lingayat community.” Gama, who is a strong supporter of B.S. Yeddyurappa (BJP’s chief ministerial candidate), says the Congress never raised this issue when it was in power at the Centre. They have done it at this point of time because some religious leaders will vote for them. “But we won’t vote for the Congress. In our area, Lingayats will not vote for the Congress. Entire Lingayat community vote will go to Yeddyurappa,” he declares.

However, the head priest of the Hiremath Samsthana Bhalki does not agree. He claims there has always been a clear distinction between Lingayats and Veerashaivas. “They (Veerashaivas) believe in vedas and agamas, we believe in the Vachana literature,” he remarks. “Forty precent of the mutts are Lingayat ones, and remaining 60% are Veerashaiva believers,” he says, adding, “Many Lingayats are for the separate religion tag, especially those in the literary circles. The big mutts, the ones in Belgaum and Chitradurga are also in support of this move.”

Moreover, most of the educated masses in the Lingayat community are in favour of the recommendation. On the question, how this is going to affect the election, the priest says, “I can’t tell exactly how this will affect the election but it will certainly make a difference. Siddaramiah could gain from this.”

For Srikant Swami, the general secretary of Jagathika Lingayat Mahasabha, who is also a Congress leader, this is more about the recognition of a long-standing demand and less about party politics. “Lingayats have been granted minority status not because of upcoming elections but there was a long-standing demand from the community,” he says. “This move of the government will certainly help the community, in order to strengthen its distinct socio-religious identity.” Dharma Rao Patil, a member of Lingayat community from Aland taluk of Kalburgi, agrees with Swami. “I am supporting this move, because due to this we might get quotas like SC and STs.”

It is not that Veerashaiva Lingayats are totally averse to the idea and don’t want the minority tag. They too want the tag and benefit under it, but don’t want to separate themselves from Hinduism. “If there is a demand for minority status for the Lingayats, then we will all agree. But if you say that Lingayats are not Hindus, then 95% of us are against this,” says Swami, who is unhappy with the government’s latest move. Mahante Shekhar Ambli, a farmer from the Arjunagi village of  Vijayapura, holds similar views. “I don’t agree with this recommendation. It’s fine if they grant us the reservations but we don’t want to be made into a separate religion.”

According to professor Narender Pani from National Institute of Advance Studies, Bangalore, for Lingayats, the minority tag is “a matter of autonomy of your educational institutions, freedom to do what they want (like Christian and Muslim minority educational institutions). And that is the real thrust that these Lingayat institutions would be looking forward to.” With minority tag, under the Articles 29 and 30 of the constitution, Lingayat educational institutions would be eligible to attain special privileges granted to minority educational institution.

Pani has another important observation to make about the latest move by Siddaramaiah. “The interesting thing about Siddaramiah is that he has tried to take on Basavanna’s ideology of anti-caste, pro-poor into AHINDA. Though the Lingayats are the dominant caste, by doing this he is linking it with AHINDA, which has not been attempted before.”

(Additional reporting by Mahtab Alam)

In Pakistan, the Press Remains in Chains While Pashtun Activists March On

The army is unwilling to give any space to news reports or opinion pieces favourable to the Pashtuns and intends to continue ensuring a near-complete electronic media blackout of the movement.

The Pashtun Tahaffuz Movement (PTM) – which came to the fore after the extrajudicial killing of a young Pashtun man at the hands of police officer Rao Anwar in Karachi earlier this year – continues to march on in Pakistan. It recently held an impressive rally in Peshawar – the Pashtun heartland – without the support of the traditional Pashtun nationalist outfit, the Awami National Party (ANP), which considers itself the political heir to ‘Frontier Gandhi’ – the late Abdul Ghaffar Khan.

The rally brought together a large number of the families of missing Pashtun men and boys, who they claim were forcibly disappeared by the Pakistan Army during and after its operations in the Federally Administered Tribal Areas (FATA) – where the country’s constitutional provisions do not apply – and in the so-called “settled” areas like the Swat Valley, which is part of the Khyber-Pakhtunkhwa province.

The PTM’s key leader, Manzoor Pashteen, continues to capture the imagination of the Pashtuns with his unassuming demeanour, straightforward explanation of the movement’s main objectives, clear roadmap and resolve to persevere where others have faltered. His plain talk reiterates the movement’s key demands, including the release of those abducted by the army who are innocent and producing before the courts the ones who may have any charges against them.

Army’s response

The Peshawar rally, however, was not the last one. The PTM announced one in Lahore, which has rattled the Pakistani security establishment – a euphemism for the country’s army. The army has been leery of the PTM from the outset but the announcement to hold the rally in Lahore – where no key Pashtun leader has held one since the ANP’s late Wali Khan in the mid-1980s – threw it into a real tizzy.

The army chief, General Qamar Javed Bajwa, took it upon himself to castigate the PTM as “engineered protests” and said that it would not be allowed to undo the so-called gains of military operations. In order to put his words into action, his minions began doing what the army has done for decades – threaten and abduct political workers, censor the press, stifle the electronic media and smear dissenters as foreign agents.

People chant slogans and hold signs as they condemn the death of Naqibullah Mehsud, whose family said he was killed by police in a so-called “encounter killing”, during a protest in Karachi, Pakistan. Credit: Reuters/Akhtar Soomro

Several leaders of the PTM and the leftist Awami Workers Party (AWP), who were involved in planning the Lahore protest, were taken into custody by the Punjab police. Protests erupted over social media after a video surfaced of them being taken into custody, which appeared more like an illegal detention than a formal arrest. The authorities eventually caved in to the backlash and released the leaders.

To the army’s ultimate chagrin, the PTM eventually held an unprecedented rally in Lahore, which was attended not just by the Pashtuns but also by the Punjabi civil and human rights activists and leftist political cadres. The PTM leaders announced that they would hold further rallies in Swat, which was once firmly under the heels of the Tehrik-e-Taliban Pakistan (TTP), followed by one in Karachi.

What became clear before and after the Lahore rally was that the army is unwilling to give any space to news reports or opinion pieces favourable to the PTM and intends to continue ensuring a near-complete electronic media blackout of the movement and therefore of the FATA, which it continues to use as a sanctuary for its agenda against Afghanistan.

Mohammad Bilal holds a picture of his son Hazratullah as he takes part in a protest with members of the Pashtun community against what they say are enforced “disappearances” and routine oppression, in Islamabad, Pakistan. Credit: Reuters/Saad Sayeed

Columnist after columnist announced on Twitter that their weekly column was not published because of the topic – the PTM. Former Senator Afrasiab Khattak and Gul Bukhari, regular writers for The Nation, and Mosharraf Zaidi, Talat Hussain and Imtiaz Alam, who write for The News International, had their columns pulled.

In one instance, The News International took down a column by a Pashtun activist Khan Zaman Kakar from its website after it had been appeared in the print edition. I have had the first-hand experience of my own weekly column getting shut down by the Daily Times under duress from the army three years ago for similar reasons: criticising the army’s jihadist policy as well as its sham operations in the FATA and its highhandedness against the people there.

Pakistan’s largest private television news channel, Geo, has also faced the wrath of the army, which not only banned the channel in cantonment areas but also the delivery of the group’s newspapers Jang and The News there.

Past censorship

The chronicler of curbs on the media in Pakistan, Zamir Niazi, wrote in his book The Press In Chains that the first political thought to be censored in Pakistan was actually that of the country’s founder Mohammed Ali Jinnah. It was Jinnah’s August 11, 1947 address to the constituent assembly, a speech described as the greatest of his life by his biographer Hector Bolitho, that ended up on the censor’s chopping block. This was the landmark speech in which Jinnah laid down his vision for a by and large secular Pakistan as he perceived it. Niazi cites Hamid Jalal that “this speech of the Quaid-e-Azam became the target of what may be called the first of the press advices issued by Pakistan’s permanent establishment … however it was still a shadowy establishment”. Most of the then media toed the establishment’s line and suppressed the speech, except the daily Dawn that carried it.

Niazi has also recorded an incident where parts of Jinnah’s sister and confidant Fatima Jinnah’s speech were muted by Radio Pakistan. Fatima was to address the nation at her brother’s death anniversary on September 11, 1951, when Radio Pakistan’s director Z.A. Bukhari asked her to delete two sentences that were critical of the then government. Fatima refused and was allowed to go on air only to find later that her talk “had faded out at two points, which later were found to coincide with the sentences to which Bokhari had objected”. People protested the censor and Fatima refused to deliver the commemorative address till years later.

A file image of Pakistan Army Chief Qamar Javed Bajwa.

A file image of Pakistan army chief Qamar Javed Bajwa. Credit: Reuters

In Pakistan, the army formally anointed itself as the arbiter of the so-called national interest with Field Marshal Ayub Khan’s coup d’etat and relegated the civil bureaucracy to play the second fiddle to it in the permanent establishment. To complete its chokehold on the national interest narrative, the Ayub Khan regime brazenly muzzled the press and forcibly took over the independent Progressive Papers Limited of Mian Iftikharuddin, which included the dailies Pakistan Times, Imroze and the periodical Lail-o-Nahar. In a hard-hitting piece, which remains a must-read even today, the Pakistan Times‘ editor Mazhar Ali Khan later wrote in Feroz Ahmed’s Pakistan Forum:

“It will not be easy for our future historians to determine which single action of the self-appointed President and his Government of courtiers did the greatest harm to the national interest, for they will have a wide field to survey. Many will probably conclude that the Dictatorship’s gravest crime was its deliberate destruction of press freedom, because so many other evils flowed from this act of denying to the people of Pakistan one of their fundamental rights. It is, therefore, pertinent to recall the Ayub regime’s first step towards this fascist aim, namely, its attack on the Progressive Papers, an institution created under the patronage of the Quaid-e-Azam.”

Military’s control over the narrative in Pakistan

In Pakistan, it seems, the more things change the more they remain the same. From the television outlets muting the former prime minister Nawaz Sharif’s recent speech to the army chief directly giving press advice to a group of journalists and the army hounding the dissenting voices in the print and electronic media, the military is unwilling to let go of its control over the narrative. There are thousands of social media accounts that parrot the army’s line while the army itself has abducted social media activists and tortured bloggers.

In their landmark article titled ‘21st-century censorship’, the authors Philip Bennett and Moises Naim had produced a matrix of the censorship types and methods deployed by the present-day regimes, that ranges from direct violence against journalists to sly use of internet proxy warriors that troll legitimate political dissenters and rights campaigners. For each of the listed tools to control or mould opinion and stifle dissent, there’s an available example in the Pakistan Army’s war against the freedom of expression.

From torturing and killing journalists like Saleem Shahzad to forcing electronic and print media into self-censorship, the Pakistan Army has consistently deployed a panoply of coercive measures, in addition to the carrots it dangles in front of media persons. As Bennett and Naim have pointed out, many states and state agencies “went from spectators in the digital revolution to sophisticated early adopters of advanced technologies that allowed them to monitor content, activists and journalists, and direct the flow of information.”

Pakistan Army’s media wing, Inter-Services Public Relations (ISPR), is one such entity that fits the bill. The near-complete blackout of the PTM’s massive rally in Swat on April 29 in the electronic and print media again shows that the ISPR is getting away with serving as the de facto censor and media control authority in Pakistan.

What the army under General Bajwa is doing to dissenters is a reminder of Ayub Khan’s regime. The army’s treatment of the PTM and its peaceful demand for constitutional rights and legal redressal of grievances should send alarm bells ringing. George Bernard Shaw had said that the first condition of progress is the removal of censorship. And to me, the first sign of regression is its return. Pakistan has effectively regressed to martial law. What we had known since the ostensible return of democracy in Pakistan in 2008 was that the army has the complete control over the foreign and national security policies and most domestic affairs as well.

An apparent decade of democracy has actually been ten years of undeclared martial law with a democratic fig leaf. What the PTM and its leader Manzoor Pashteen have done is to force that martial law to bare its ugly, iron teeth. Pakistani politicians and rights activists can join Pashteen’s entourage or wait for their turn when the army comes for them.

Mohammad Taqi is a Pakistani-American columnist; he tweets at @mazdaki.

15 US Lawmakers Ask Trump to Rethink H4 Visa Decision

The H-4 rule is a matter of both economic competitiveness and maintaining family unity, the lawmakers from California said in a letter to Homeland Security secretary Kirstjen M Nielsen.

Washington:  A group of 15 influential lawmakers from California has urged the Trump administration to reconsider its move to revoke an Obama-era rule that gives work permits to spouses of certain categories of H-1B visas, the most sought-after among Indian IT professionals.

The lawmakers asserted that the existing H-4 rule was a matter of both economic competitiveness and maintaining family unity.

“The H-4 rule lessened the burden on thousands of H1-B recipients and their families while they transition from non-immigrants to lawful permanent residents by allowing their families to earn dual incomes. Many entrepreneurs used their EADs (employment authorisation documents) to start businesses that now employ US citizens,” they said in a letter to the Homeland Security secretary Kirstjen M Nielsen.

“Eliminating this benefit removes an important incentive for highly-skilled immigrants to remain here to invest in and grow our economy to the benefit of all Americans,” the lawmakers said.

The letter came amidst reports that the Trump Administration was planning to approach the court to inform that it has decided to rescind the Obama-era executive order which gave work permits to spouses of certain categories of H-1B visas. The order has not been rescinded yet.

The lawmakers did not say if they had received any response from Nielsen.

The lawmakers said that until 2015, the spouses of many highly skilled H-1B visa holders were left out, unable to contribute financially to their family or pursue their own professional goals because they did not have permission to work.

“It can take decades for these immigrants and their families to receive green cards and the Department of Homeland Security extended eligibility for employment authorisation to certain H-4 dependent spouses because it recognised the economic hardship facing the families of many H1-B workers who needed dual incomes to survive in high-cost areas,” the letter said.

“In many areas where these high-tech professionals live, such as Silicon Valley, it is nearly impossible for a family to live on one income,” it said.

Since the H-4 rule was implemented three years ago for spouses of highly skilled immigrants, over 100,000 workers, mainly women, were finally granted permission to work and contribute to their households and the US’ economy, it said.

“The H-4 rule is a matter of both economic competitiveness and maintaining family unity. The US has already invested in these workers with years of expertise and we should not be sending them abroad to innovate and use their experience and talents against US businesses,” the letter said.

Last week, Indian American Congresswoman Pramila Jayapal and Congressman Ro Khanna told community leaders that they opposed the decision of the Trump Administration to terminate the Obama-era work permits to spouses of H-1B visa holders.

“I oppose the move. I am on a bipartisan Bill that seeks to ensure work permits for spouses. It is also a question of countering domestic violence. Because most of these spouses are women, in the absence of economic independence, they become vulnerable,” Khanna said at an event organised by the US India Friendship Council.

“I oppose the move to terminate work permits to H-4 visas. Women who are just as qualified, sometimes more qualified than their spouses but haven’t been able to work,”,” Jayapal said.

With the future of thousands of Indian professional, mostly women, at stake, the Indian Embassy here is believed to have taken up the matter very strongly with the Trump Administration and US lawmakers.

US President Donald Trump signed an executive order for tightening the rules of the H-1B visa programme to stop “visa abuses” last year.

(PTI)

Why ‘Autonomy’ in Higher Education is a Socially Exclusivist Enterprise

Because knowledge is the basis of social formation, the fragmentation of knowledge, pushed by corporate interests and upper caste elite, will lead to the fragmentation of society itself.

One of the biggest questions facing higher education today is: “Is ‘autonomy’ a genuine reform?” “Autonomy” which is ostensibly for the benefit the teaching community and the academic profession at large, permits the academic institution in question to design its own courses and syllabi, conduct its own exams, and administer itself more or less independently of any regulatory body (currently the University Grants Commission (UGC) in the case of higher education). The stated objective is to encourage ‘excellence’ through a proliferation of choices and institutional competition, as if these are in themselves guarantors of excellence. Furthermore, ‘excellence’ will no longer be measured by the quantity and quality of the knowledge produced or imparted by an institution, but by how popular the institution and/or its courses are; how well its students are ‘placed’ (preferably by it) after graduation; and possibly also how socially exclusive it can be in the process (in terms of caste, class, region, perhaps even religion and sect). The examples of major private universities in the National Capital Region are corroborative of this.

Inevitably then, the market and its demands will direct and shape almost all these institutions and, the market in turn will be fed by a combination of (a) the poorly educated from poorer institutions (b) poorer students who exit a course (with a lesser degree) after a year or two because of financial constraints, and (c) students of middle class parents who take on crippling education loans and (d) socially exclusive elites who can buy a privileged education, thereby reinforcing the market’s power to create socially structured economic inequality. But in all cases, the former vision of education as a crucial instrument in social transformation, toward greater equity and mindfulness, is supplanted by a desiccated and instrumentalist idea of education as a means to a job and status quoism.

Since the courses and syllabi are oriented towards the demands of the market, and because these institutions will inevitably seek to carve a niche for themselves in that market by offering sector-specific knowledge and training, there will be a greater and greater emphasis on ‘specialised’ knowledge or market-based specialisations; these will, however, become redundant as soon as the market ceases to require that specialisation. This will lead inexorably to the creation of a larger and larger pool of educated unemployed – indeed, unemployable, beyond their limited specialisations.

Illustratively, let’s assume that English departments are told (so much for academic autonomy) that literature courses cannot be monetised sufficiently and that there is a greater market for language and writing skills. Consequently, they are told to offer courses in editing, business communication and technical writing rather than the study of carefully curated literatures from around the world (as if language can be truly taught without literature and, as if literature is taught without acute attention to language). It is a simple truth that a student trained in literature can do a piece of technical writing with aplomb, but the reverse is not the case. It is also true that the student of literature is capable of getting gainful employment in a range of industries and sectors (from management to journalism and more), while a student trained in technical writing is far more constrained, and will go just that far. If some years down the line, the student wants to change jobs or loses her job, the sector-specific knowledge that s/he has gained under autonomy, will minimise his/her job opportunities dramatically.

Worse, the knowledge redundancy resulting from say, technological and administrative changes, will in turn lead to changes in the economies of the sector. The employee then has to be re-trained or retrenched. In such cases, the latter then becomes the ‘obvious’ (cost-cutting) choice, and the individual must absorb the costs of retraining him/herself. So, even if we do not consider the severe impoverishment of the student that accrues from neglecting to cultivate his/her mind, we see that the teaching of literature is vastly more ‘useful’ than the reduction of it to language skills. Similar arguments may be made for other disciplines as well. Such destructive measures in education can come only from fundamental misconceptions about the field, an alarming ignorance about the disciplines concerned and myopic self-interest.

But they have serious long-term financial implications for both students and their parents. Under ‘autonomy’, the cost of training is transferred onto the students, who will pay high fees for ‘specialist’ courses that have been designed with direct market-input, for the market. Students are already being encouraged to take ‘education loans’, with the implicit assurance that their designer courses will get them designer jobs, with massive salaries. But when that designer course ceases to be relevant to the market, the student is out of a job, and stuck with massive debts. This condition already prevails in the US, the UK, and other such countries where higher education has moved strongly towards privatisation. The costs saved by the various sectors of the market, are actually paid for by the student, who is basically forced to pay to bind him/herself, his/her opportunities and his/her employment future, to the vagaries of market-demand. This ‘autonomy’ policy, therefore, has a huge social cost, which will only keep growing.

This ‘autonomy’, then, does not benefit the student; nor does it help improve the quality and quantity of knowledge production and dissemination. The beneficiaries are two: the corporate sector and a ruling elite, who are actually pushing for and underwriting this change; and college and university administrations and managements. With ‘autonomy’, both of these will be freed from (a) the social obligations that are otherwise inherent in the creation and imparting of higher education, and which in fact can only be ensured through public funding and state regulation; and (b) work and service conditions that will preserve the rights and dignity of the teaching and non-teaching communities. These labour rights, which are being whittled away, have been very hard won, the fruit of more than 200 years of international struggle, political thought, philosophical argument, and jurisprudence. They have at their heart the idea of a dignified, autonomous, rounded and progressive human subject and not an abject and flattened one. And that is and should be, the ideological driver behind higher education – the creation of dignity, equity and creativity. It is, therefore, cause for concern that many of these managements are closely associated with, or part of, business groups, or some other socially exclusivist enterprise.

‘Autonomy’, in fact amounts to deregulation, and provides management with more untrammelled powers over their staff and students, leading to the complete de-politicisation of both. By ‘de-politicisation’ we mean the inability to either understand the source of (one’s) disempowerment, and/or redress it, since the institutional mechanisms and the moral impulse behind these have been distorted or dismantled. The graduating student will thus pay, hugely, to become minimally qualified, legally deprived of redressal options, divested of any enabling understanding of the injustice against him/her and others like him/her; and to, therefore, become psychologically and politically incapable of resisting, challenging, confronting or otherwise seeking justice for him/herself. One hears of new moralities of blind obedience over the inquiring spirit, of money over mind, of information over knowledge and of technique over creativity. This is happening here despite the fact that even in the US the humanities are being rediscovered. As far back as 2013, the Commission on the Humanities and Social Sciences Report (US) observed that a utilitarian education leads to severe loss of creativity and, therefore, to a compromised nation. It also notes the importance a “thorough grounding in these subjects (the humanities and social sciences) allows citizens to participate meaningfully in the democratic process—as voters, informed consumers, and productive workers.”

How and why is this policy change coming about? Over the last couple of decades, the state has gradually relinquished control over higher education. Before that, as long as it served the needs of the upper caste middle-class – and served, in fact to make and shape it – and as long as that upper caste middle-class could retain control over politics and administration, higher education remained the concern of the state. At the same time, the same state-controlled higher education also began to facilitate the gradual upward mobility of lower castes, especially with the implementation of reservations, thereby seriously threatening the relative homogeneity of this upper caste elite.

The state, now heavily at the mercy of powerful corporate interests, seeks to move out of higher education, rendering both the middle-classes and the lower-classes deeply precarious. Credit: Reuters

When the process of liberalisation-privatisation-globalisation (LPG) began in the 1990s, then, many sections of this same upper caste middle-class perceived it as beneficial, for two reasons: one, because their almost exclusive access to that same state-funded education had made it economically possible for them to benefit socially and economically from LPG, e.g. through venturing into private enterprise. They, therefore, pushed for LPG in all sectors, little realising that LPG itself was designed to accelerate and intensify inequality to the point where this middle-class itself would become, as it has, a precariat.

It is important to remember here that the market effectively exacerbates the exclusivity of opportunities and resources that it is based on in the first place; such opportunities and resources as it might create, it renders even more exclusive. The higher education sector is no different – which brings us to the second reason. Even before ‘autonomy’, this upper caste middle-class had begun to actively participate in the introduction and implementation of LPG, precisely because, by doing so, it hoped to keep the lower caste lower-classes disempowered. It has actively sought to disadvantage them by steadily surrendering the powers of the very state into which it was now being forced to allow lower caste access, to the corporate world. Thus, the state, which is now heavily at the mercy of powerful corporate interests, itself seeks to move out of higher education, rendering both the middle-classes and the lower-classes – albeit to vastly differing extents – deeply precarious, and increasingly, without the psychological, intellectual, ideological and political wherewithal to fight this change. The upper caste middle-class, led by the visions of rapid wealth, power and upward mobility promised by the LPG regime, betrayed its social and political obligations to the classes and castes below it; it is now, in its turn, being slowly betrayed by the corporates whose entry it so avidly facilitated. It has thus conspired in compromising itself, and rendering itself vulnerable to these pressures.

Finally, the parts of the state that are not at the mercy of corporate interests, remain at the mercy of upper caste interests, who foster communal antipathies to retain their upper caste hegemony. They often use state machinery to do this. It is now well known that (private) education, from school to higher education, is increasingly getting communalised as a way to retain social control over a deeply vulnerable, anxiety-ridden and precarious populace. This precariat is regulated and controlled ideologically through the promotion of communalised social values, and even communal militancy in many cases, as we increasingly see. It is controlled viscerally, experientially, and in a deeply gendered and sexualised way through the promotion of cultures of communal violence. The upper caste middle-classes now seek to bolster such communal politics, in the hope that they will thereby manage to retain at least some ideological control and cultural supremacy.

Both, the corporate forces as well as the communal powers thus have the upper caste middle-classes in a vice – a vice that they have rushed into, in a desperate bid to keep the classes and castes below them disadvantaged and at their mercy. Now, equally desperately, they need to revise that understanding – to learn from history, and work along with, rather than against, the lower caste lower-classes.

‘Autonomy’ will therefore lead, not just to the break-up of higher education as we know it. But because knowledge is the basis of social formation, the fragmentation of knowledge will lead to the fragmentation of society itself. When we reject ‘autonomy’, therefore, we are not only fighting against elitism and for social justice; we are calling for nothing less than the preservation of the Indian nation itself. Higher education needs reform, certainly, and through that the reform of the nation; but it does not need ‘reform’ that will, in the end reformulate the nation itself.

Karen Gabriel is an associate professor at St Stephen’s College, Delhi University. P.K. Vijayan is an assistant professor at Hindu College, Delhi University.

India Should Reclaim Buddha’s Philosophy and Vipassana to Build Soft Power

Vipassana is being advertised, popularised and patented in the West as the therapy of ‘mindfulness’, and India is losing the opportunity to make the practice globally relevant.

Despite India’s recent progress, its international influence is not commensurate with its size, might and tradition. India is often critiqued for being unable to punch above its weight, or even according to its weight. Time and again, we have noticed that economic strength and military might have their limitations. The potential for Indian soft power, however, is enormous, but has remained underutilised. On the occasion of Gautama Buddha’s birth anniversary, I posit that India should reclaim Buddha and his philosophy, including his practice of Vipassana, as an Indian ideological, philosophical and lifestyle export to the world at large.

Vipassana is one of the oldest forms of meditation, dating back nearly 2,500 years. It was developed by Buddha himself and is an integral part of the Buddhist philosophy and practice. It doesn’t ask you to believe in anything, but to test ideas first. Vipassana, as a concept, is also secular in nature and is a technique not bound by any religion.

To put it simply, Vipassana is based on two main tenets – concentration and self-observation. During Vipassana, a person sits down and focuses on her breathing, which is the most natural and continuous process. The individual then observes the pleasant and unpleasant sensations in the body, realising the impermanence of such sensations, in turn realising the impermanence of happy and sad feelings and thoughts that lead to these sensations.

In this realisation, a person embarks on the path to equanimity, happiness and joy. Scientific studies have acknowledged the numerous benefits of mindfulness and linked it to the reduction of stress, better emotional strength, intelligence and a peaceful state of mind.

Vipassana has sadly, however, become the ‘spiritual turmeric’ of India. It is already being advertised, popularised and patented in the West as the therapy of ‘mindfulness’ and India is unfortunately losing the opportunity of making Vipassana relevant, as Western techniques and nomenclature slowly establish a hegemony in the global market for meditation. Alongside the loss of potential commercial gains, India will also cede its spiritual and philosophical richness to others.

It is therefore crucial that India assert Vipassana as the most holistic, sophisticated and ancient form of meditation, as opposed to ‘mindfulness’ which represents only a superficial part of Vipassana. It should be primarily marketed as a niche Indian practice, with the highest level of authenticity and effectiveness, and publicised as a gift from Buddha’s land to the world.

 Buddhists monks clean a statue of Lord Buddha ahead of Buddha Purnima festival in Howrah on Wednesday. Credit: PTI

Buddhists monks clean a statue of Lord Buddha ahead of Buddha Purnima festival in Howrah on Wednesday. Credit: PTI

India now possesses the fastest-growing ‘wellness tourism industry’, ranked 12th in the world as of July 2017. As of 2016, the Indian wellness industry was worth Rs 490 billion, with wellness services comprising 40% of this market. Following the widespread popularity of yoga in the last few decades, there is enough momentum for ancient Indian traditions and practices. Meditation is now a valuable ‘commodity’ with immense commercial value. India also has the highest number of Vipassana centres in the world, along with the most popular and credible ones. However, in the list of top ten meditation centres in the world ranked by CNN Travel, only one Indian centre was included.

To propagate Vipassana effectively, there needs to be an adequate framework to support its popularisation. The inspiration for this can be taken from the framework made by the Ministry of Tourism for wellness and health tourism, and Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy (AYUSH) for propagating yoga internationally, and on aspects such as certification and quality control.

However, a Vipassana initiative cannot be completely state-managed. The founding of a state-supported ‘Vipassana Association of India’, formed by stakeholders (individuals and organisations) that are engaged in research, practice etc, can serve the purpose of connecting private and voluntary organisations with the government. Other ways could be organising summits and global conferences involving leading Buddhist scholars and practising monks. Similar to organising various events on International Yoga Day, Indian embassies and Indian associations abroad could organise Vipassana sessions, especially on occasions such as Buddha Jayanti. India could move for recognition of Vipassana as World Intangible Cultural Heritage at the UNESCO. Vipassana could also be supported through universities focusing on Buddhist studies and research in the science of Vipassana and its effect on mental and psychological wellness.

A suitable framework built for Vipassana as a concept with global relevance and prominence can not only reap commercial benefits, but also offer its great potential for expansion of India’s underutilised soft power. It is time for India to also take the lead to incorporate Vipassana, Buddhism and its philosophy of social justice, equality and non-violence into the country’s normative framework or worldview, thus underscoring the country’s rightful place in the world as an ideological pioneer.

Devyani Khobragade is an Indian Foreign Service officer who is currently a Director in the Ministry of External Affairs, New Delhi.