CAA: One More Tool in BJP’s Arsenal Against the Muslim Community

If the Citizenship Amendment Act was truly meant to help ‘persecuted Hindus’, why have Hindu Tamilians from Sri Lanka, one of the largest persecuted groups, been left out of its purview?

As the massive scam related to electoral bonds was unfolding, Union home minister Amit Shah declared the rules and procedures for implementation of Citizenship (Amendment) Act (CAA) which was passed nearly four years ago. The timing of its implementation, with the electoral bond scam coming to the surface and general elections right around the corner, is very obvious given the pattern of politics pursued by the BJP.

One recalls that CAA was brought to the fore in the aftermath of the National Register of Citizenship (NRC), which was undertaken in Assam. The people were asked to provide the papers related to their citizenship. The understanding was that Assam has been infiltrated by Bangladeshi Muslims to the tune of 15 million and this step will help the government to expel them. They were called termites, detention centres came up and many more were planned at different places. The results of the NRC were surprising. Out of the around 19 lakh people who did not have proper papers, only 7 lakh were Muslims. To bypass the issue, CAA was brought forward. The propaganda of 15 million Bangladeshi Muslims fell flat.

As per CAA, Hindus, Christians, Sikhs, Buddhists and Jains, who came from Afghanistan, Pakistan and Bangladesh before December 2014, were to be given citizenship. Interestingly, Muslims were kept out of this list. This led to strong protests all over the country and the protests in Aligarh Muslim University (AMU) and Jamia Milia Islamia in particular were brutally crushed. This in turn led to one of the biggest mass movements of independent India starting at New Delhi’s Shaheen Bagh. Remarkably, these protests were led by Muslim women all over the country. They protested with the constitution in hand and Gandhi in their hearts.

BJP’s Parvesh Sahib Singh Varma at the time, had said these protests were a threat to Hindus as the protestors may rape and kill them. Another BJP leader, Kapil Sharma, had threatened that if protestors weren’t cleared by the police then they would do it themselves. To cap it all, the then minister of state, Aunrag Thakur, gave the slogan of ‘Goli Maro’. Riots in the capital followed soon after – 51 people lost their lives out of which 38 were Muslims.

The matter, that was in cold storage since then, has been rekindled.

What are the norms for giving refuge to the persecuted people from neighbouring countries? Indira Jaisingh points out “The constitution confers citizenship by birth, descent and migration, regardless of religion…The Citizenship Act (1955) was enacted by Parliament to regularise the grant and termination of citizenship. The 1955 act also does not make religion a criterion for granting citizenship. With the amendment of rules, citizenship will be granted by naturalisation based on religion alone.”

As such, this amendment violates Article 14 which ensures equality before law and equal protection, irrespective of religion. Article 14 applies to all persons, not just citizens. The CAA denies fast-track citizenship to Muslims. It also excludes people from countries other than Pakistan, Afghanistan, and Bangladesh. That the Ahmadiyya Muslims in Pakistan are one of the most persecuted minorities is well known, but the CAA is silent on them because of the religious criteria.

Also read: Understanding CAA Rules, the Process, and What It Means to Resist

The Union government has argued that the CAA was enacted to provide fast-track citizenship to persecuted minorities in neighbouring countries. Yet, the statute or rules of the Act do not mention persecution and proof of persecution is not required before citizenship is granted. Under the CAA rules, immigrants from the three countries need only prove their religion, date of entry to Indian and country of origin and knowledge of an Indian language. The rules regarding proof of country of origin have been considerably relaxed. The earlier requirement of a valid residential permit from India and a valid passport issued by Pakistan, Afghanistan, and Bangladesh has been eliminated. The proof of persecution has been waived and the process has been fast-tracked, cutting it down to five years.

The Union government has asserted that Hindus in these countries can only turn to India while Muslims can go to any country that follows Islam. This logic is flawed. It is well known that in Pakistan, apart from minority communities like Hindus and Christians, the Ahmadiays and Kadiyanis have to face persecution. When we talk of giving refuge to the persecuted communities, our humane values have to come to the fore. Furthermore, the largest persecuted groups in recent times have been Hindus (Tamils) in Sri Lanka and Rohingyas in Myanmar. Why have they been left out from the list of those who will be given citizenship in India?

Many organisations and individuals have challenged CAA on different grounds since its introduction. These pleas are pending in the Supreme Court; an early resolution of this vexed issue is more than overdue and hopefully will come up for hearing soon. It is very clear that BJP is raking it up in pursuance of its divisive politics. The totality of the problem will have different solutions and different laws to deal with the persecution of religious minorities in neighbouring countries.

This is yet another tool which is going to be used against the Muslim community in India, which is already facing problems like hate speech and violence against them. The BJP has constantly thrown up emotive and divisive issues to strengthen its electoral power and CAA’s electoral impact in that context is not difficult to gauge.

It is good that many chief ministers like West Bengal’s Mamata Banerjee and Kerala’s Pinarayi Vijayan have declared that they will not let it be implemented in their states. The hope is that the party, with its primary goal of promoting divisive issues, has to be combated at a social and political level. However, any real relief on this front will only come if the Supreme Court intervenes.

‘Invaders’, ‘Terrorists’ and Now, ‘Illegal Immigrants’: Hindutva’s Reframing of Exclusion

The decision to cast the Muslim as the illegal immigrant, and not simply as an outsider, allows the Hindutva ideology to complete its new alignment with Western Islamophobia.

The chronology is clear – a nationwide National Register of Citizens causing mass disenfranchisement across the population, followed by selective re-enfranchisement through the Citizenship (Amendment) Act for “desirable” identities, potentially leaving hundreds of millions of Indians stateless “illegals” languishing in detention camps. The pre-CAA NRC in Assam validates this chronology, as well as establishing how costly, chaotic and resource-intensive it is to execute.

Even as many write about the unconstitutionality of the CAA, the dangers of the National Population Register as a proxy for the NRC and the clear need to rally around communities who are at the forefront of democratic opposition to these measures, we must consider the larger strategic shifts in Hindutva politics that provide context for this move.

Why this circuitous route? Why take the Assamese ethno-nationalist demand for an NRC against all “outsiders”, and transform it to fit the national stage with Muslims as the sole focus? What ideological shifts and new global alignments does this approach – of not just disenfranchising large portions of the population, but specifically casting them as illegal immigrants – allow?

Immigration discourse has long been a central part of the Hindutva ideology. Early 20th-century mainstream migration discourse mostly comprised colonial anthropologists set on describing the co-existence of ethnic groups with theories of migration from the distant past. In India, this went as far as using theories of ethnic migration – specifically of Aryan invasion and subsequent conquest – to explain the origins of the caste system.

In 1903, Bal Gangadhar Tilak, a central figure in the early articulations of the Indian independence struggle, wrote an influential book called The Arctic Home in the Vedas. Bringing together existing strands in early anthropology and geology, along with evidence drawn directly from scriptural passages, Tilak made the claim that the Aryan race originated in the Arctic, near the North Pole. Somewhere between 8,000 and 5,000 years ago, he suggests, a mass migration drove them to find new homes in Europe and Asia.

It is no secret that the notion of Aryan supremacy appealed to post-Tilak ideologues that were eager to align Hindutva with the European fascists of the time. And yet, Savarkar’s definition of Hindutva rested on the claim that only those who could trace the dual linkages of their “father land” and their “holy land” to the Indian subcontinent, could truly claim to belong in his imagined nation.

Also read: CAA-NPR-NRC Represent the Culmination of Golwalkar and RSS’s Vision

If Aryan origins – and indeed, following Tilak, Vedic origins – were to be traced to the North Pole, then this would exclude Savarkar’s definition of “Hindus” from his definition of “Hindutva”. In other words, Hindutva ideology had to either disavow the Aryan invasion theory, and abandon the cross-national alignments it offered, or accept that like Islam, the origins of Savarkar’s Hinduism could not be traced back to the subcontinent. It would not be hard to imagine Hindutva ideology simply letting this contradiction sit – the works of these ideologues are replete with inconsistencies, contradictions and pseudo social science claims.

And yet, to underline how serious the RSS was about resolving these matters, in 1947, M.S. Golwalkar – second only to Savarkar in terms of influence to Hindutva ideology – provided a resolution that the best contortionists would be proud of. Conceding that Aryans did indeed originate near the North Pole, Golwarkar claimed that it was the North Pole that migrated, from its position somewhere near modern-day Bihar/Orissa, to where it is located today.

M.S. Golwalkar. Photo: Youtube

It is important to recall this history, because we must look at just how seriously, even to a comical extent, the Hindutva ideology took these discourses, and the eagerness with which they are reconciled. The Hindutva ideology has always looked to engage with, and be legible to, Western conceptual frameworks, and the opportunistic decisions, of which of their own beliefs to jettison and which to emphasise in order to aid that engagement, provides valuable insight into their domestic political project.

By the 1990s,Hindutva had begun a serious attempt to globalise. Recognising the success of the Zionist project in incorporating global communities as citizens of a nation state and parlaying that into strong political support from the US, strategies that looked to tap the NRI (Hindu) resources in similar ways were implemented. The IDRF became a prominent lobbying and funding institution in the US, and the burgeoning internet was identified as a platform for spreading their revised mythologies and histories.

The opportunism of Hindutva is matched by its ability to repurpose political strategies, even from unlikely sources, so the irony that an alliance with Zionists was sought by organisations whose ideological figureheads were frequently in awe of Hitler’s project of racial purification was not a material impediment. The need to globalise Hindutva has shaped the Sangh’s project ever since, with the establishment of transnational alliances needing a universal enemy. In other words, for Hindutva to go global, it’s discourse with regards to Islam had to mirror the emergent, globalised figure of the Muslim.

Also read: ‘Golwalkar’s Vision Is Terrifying Because It Has No Place for Modern Democratic Politics’

It is not the Sangh alone who has participated in this global alignment. All the way until the early 2000s, the sole word for this domestic religious conflict, and indeed the qualifier used to describe politics that leveraged religious tension was always Communalism. Communalism described what had always been understood as a regional, South Asian conflict between religious groups – predominantly, though by no means exclusively – between Hindus and Muslims.

Islamophobia, by contrast, described a Euro-American discourse with dual roots in colonialism and imperialism respectively. Increasingly, however, critics in India have begun to use Islamophobia to describe the Modi-Shah led Hindutva machine, even though Christians, Dalits, and Adivasis (to name a few), all demonstrably continue to be targets of Hindutva politics. This marks the gradual and deliberate re-framing of India’s religious politics in terms that are legible in, and to, the 21st-century Western conceptual apparatus.

This globalisation of Communalism (this translation of a regional question of Communalism to the internationally portable discourse of Islamophobia) required a dual shift in ideological alignment over the figure of the Muslim, one determined by the US, and the other by Europe. This isn’t to say that European and American discourse don’t overlap, indeed it is precisely the pace with which they get intermingled that makes it productive to occasionally speak of “the West”, yet this dual genealogy is still significant.

People display placards as they take cover from the rain during a protest organised by Majlis-e-Ulama-e-Islam West Bengal against a mob lynching in Kolkata, West Bengal. Photo: Rupak De Chowdhuri/Reuters

For the US, post 9/11 discourse, alongside their massive global war, cemented the figure of the Muslim-as-terrorist. The corresponding Indian recalibration, which began with the denouncement of Kashmiri separatism and insurgency as wanton terrorism, was completed at the turn of the last decade. The images produced by the Indian media during the trial and hanging of Afzal Guru – India’s Osama Bin Laden – along with the 26/11 attacks in Mumbai – India’s ‘9/11’ – echoed the rarified US-American aesthetic and moral vocabulary reserved solely for public violence committed by Muslim accused.

Yet, if in the US, the figure of the Muslim was framed through the context of war and terror, in Europe, it was the Muslim-as-Immigrant that became the focal point of Islamophobic discourse. While US-American debates on Islamophobia have centred around surveillance, security, interrogation techniques, and infiltration, European conversations have centred around multiculturalism, cultural integration, demographics, the supposed incompatibility of Islam with “European values”, documentation, asylum and, of course, deportation.

Also read: As the Hindu Rashtra Project Rolls on, It’s Time to Consider What the End Goal Is

It is this second reorientation that should have been impossible here. Despite enabling regional anger against ‘Bangladeshi immigrants’ in Bombay, and promising the NRC in their 2016 manifesto in Assam, it was hard to imagine a way to expand that hatred to a national level. To echo Niraja Gopal Jayal’s frustration:

“…in India… the other was historically a part of the society for hundreds of years… Right now, with the Citizenship Amendment Act, it is the illegal migrant that is the figure, but that figure then becomes a proxy for the Indian Muslim, who is as much a part of the soil as any of us.”

How do you externalise a population that has always been understood to be internal? The traditional Hindutva answer to this question was to redefine what it meant to belong to a land (Savarkar’s notion of the double coincidence of fatherland and holy-land).

The Supreme Court verdict in the Ram Temple case marks, in a sense, the end of a chapter in Hindutva ideology. The BJP seems to recognise that this is an ideological fight from a previous time – when their primary focus was on mythological or ancient history. Their claims then were on origins, invasions, and religious conversions located anywhere between 300 to 10,000 years ago.

Yet, if such a discourse made sense in early 20th century Western approaches to migration, it seems completely alien today. Mainstream Euro-American discourse is no longer interested in the distant, or even recent, past. If anything, it would rather not discuss history at all. After all, doing so might trigger uncomfortable conversations about the enduring effects of imperial and colonial projects. Instead, the new discourse of the modern nation-state is a bureaucratic one – one that uses legality to bury history under the weight of documents, tribunals, and medical examinations.

With the CAA, the BJP has learned from Euro-American statecraft, and modified its approach to best utilise the unique tools that being in power afford them. Using the recent European experience, they recognise that burying people under bureaucracy, detaining them, and deporting them is far more efficient than genocidal violence or ethnic cleansing, even as it produces identical results. It is precisely the decision to cast the Muslim as the illegal immigrant and not simply as an outsider, that allows the Hindutva ideology to complete its new alignment with Western Islamophobia.

Also read: There Is Communalism – Not Islamophobia – in India

Ideologically this has obvious benefits. It allows the global Hindu diaspora to read the Islamophobia of their adopted countries as perfectly consistent with the ‘news’ that filters through to them from India through their family WhatsApp groups and social media circles. It also allows the Hindutva right to nudge White Nationalists, whose ascendancy in the West makes them a powerful ally, and say “we too have a problem with Muslims, and we too will tighten our borders and expel these illegals who threaten our sovereignty”.

Consider that this is exactly what Aung San Suu Kyi was doing half a year ago, when she met with Victor Orban, Hungary’s far-right autocrat. A statement released by the Hungarian government tells us that “[t]he two leaders highlighted that one of the greatest challenges at present for both countries and their respective regions — South East Asia and Europe — is migration… both regions have seen the emergence of the issue of coexistence with continuously growing Muslim populations.” As Indians, we must note that the Rohingya, despite having lived in Myanmar for centuries, are denied citizenship, and specifically classified as illegal immigrants from Bangladesh.

Rohingya Refugees. Photo: Reuters/Damir Sagolj

To an audience acquainted with Euro-American discourse, this is extremely familiar far-right speak. For India, however, this should be utterly nonsensical. Yet. despite the weight of cultural understanding to the contrary, language describing Muslims as illegals is both immanent and gaining momentum. This is a remarkable shift in communal discourse, and it marks the entry into a far more insidious era of exclusionary state violence.

Instead of requiring the majority population to either join in killing or allow their towns to be bathed in blood, it only requires them to recuse themselves from fighting on someone else’s behalf. Instead of in riots, people will die languishing in camps, their medical and nutritional needs neglected, denied rights by vindictively arbitrary foreigner’s tribunals. It allows the leap from “they don’t have documents” to “they don’t belong here”.

Just as some residents of Assam now flee detention camps by crossing into Bangladesh, millions more elsewhere would be driven by desperation to try something similar, proving, in the eyes of those protected by their CAA-enabled citizenship 2.0, that they were indeed always illegals, now being driven back where they came from.

Also Read: If ‘Ma Bharati’s Children’ Are Linked By Blood, Modi Believes Muslims Aren’t Real Indians

Yet still, we must recognise that this new discourse is still remarkably incomplete and unstable. The chinks in the armour have never been clearer. These new alignments do not prevent the Hindu diaspora from continuing to be brown in their countries. It does not stop them from getting shot by White Nationalists or humiliated by the TSA in the US. It doesn’t stop the UK from trying to sign an agreement with Narendra Modi that will help them deport Indian “illegals” back to where they came from. And it hasn’t stopped hundreds of millions of people from taking to the streets to protest what they correctly identify as a catastrophic descent into fascism.

Jagat Sohail is a doctoral candidate at the department of anthropology at Princeton University and Apoorv Avram is an education researcher based in Delhi. Sohail can be reached at jsohail@princeton.edu.

CAA-NPR-NRC Represent the Culmination of Golwalkar and RSS’s Vision

A six-phase strategy of the Sangh explains many challenges that India is facing today, but also leaves troubling questions for the future.

Its the first few weeks of 2020, the young are out flooding the streets, undaunted by stun guns and lathis, and the messages they carry are powerful – doorstep kolams in Chennai; tonsured heads in Guwahati; human shields in Ahmedabad; girls with tricolours in Malerkotla; singing Jana Gana Mana to greet the new year. They need no sage advice, nor do they need ‘leaders’; they are their own bristling energy. But maybe it is time to remember 1973, 1978, 1983, 1992, 2005 – and 1946 too for that matter – when the young of that time were also out on the streets.

1946 was when the Tebhaga Movement, the Bombay Mutiny and the Telangana Revolt were signalling the end of the British Raj. It was then that three soft-spoken pracharaks were quietly sent by the Rashtriya Swayamsewak Sangh (RSS) to Assam as part of its strategy, systematically laid out seven years earlier in 1939 by ‘Guru’ Golwalkar in We, or Our Nationhood Defined. That book was a translation and elaboration of ‘Veer’ Savarkar’s earlier Rashtra Mimansa, written in 1934, but that was an inconvenient truth to be characteristically ignored, as were the veracity of the ‘facts’ it contained.

Golwalkar’s vision, however, was clear: a Nation comprises five constituent ideas of country, race, religion, culture and language; such a Hindu Nation flourished for thousands of years until the Moslem invaders came; for ten centuries there has been an unflinching war by the Hindus against the Moslems; the Congress consists of an ‘educated’ class of Hindus who find flaws in the Hindu Cultural Organisation (of caste); but the Race Spirit is re-awakening; and the true ‘Nationalist’ should aim to re-build, re-vitalise and emancipate from its present stupor, the Hindu Nation.

Also Read: ‘Golwalkar’s Vision Is Terrifying Because It Has No Place for Modern Democratic Politics’

These pracharaks constituted the first phase of setting up Sangh shakhas to promote Golwalkar’s teachings of imagined splendours and constructed wrongs. They leveraged the existing conflict between migrant Bengali settlers, Bihari and Marwari traders, and the local population, mainly on issues of loss of cultural heritage and employment. They were followed in the second phase by a Praant pracharak, who set up Vivekananda Kendras, Saraswati Shishu Mandirs, Kasturba Gandhi Balika Vidyalayas, Vanvasi Kalyan Ashrams, balwadis, tuition centres, study circles, vocational training centres, and hospitals – all for the cultural expansion of the Sangh’s Hindutva ideology into the ethnic Ahomiya and tribal populations. What is significant in the process is the ability of the Sangh to appropriate appealing national and religious symbols. In three decades, by 1975, there were shakhas in place in all districts of Assam.

The first phase constituted setting up Sangh shakhas to promote Golwalkar’s teachings of imagined splendours and constructed wrongs. Photo: Shome Basu

The third phase

This patient brick-by-brick construction of a social and cultural milieu for the Sangh by a generation of dedicated monastic pracharaks has to be understood if one is to grasp its ideology and strategy. Because what evolved in Assam post-Independence had already been put in place in other regions since the 1930s. Thus, when student protests began in Gujarat in 1973, to be followed by student protests in Bihar in 1974, it provided the opportunity for the Sangh to launch its third phase by participating in those regional struggles. It is this phase, lasting through and beyond a period of national Emergency declared by an embattled Congress government led by Indira Gandhi, which consolidated the Sangh’s student and political wings. The Sangh had deliberately stayed out of (indeed, opposed) the national struggle for freedom, and these student protests enabled it to win recognition as a legitimate political player in the shape of the Jana Sangh (JS). The JS strategically merged with the Janata Party to win the elections in 1977, its seats in Parliament jumping from a dismal 22 in 1971 to 93, to form the government at the Centre.

This strategy was accelerated in Assam when the students there launched an agitation in 1979 to correct the electoral rolls by deleting the names of all ‘illegal immigrants’, based on Census data of how many such immigrants had entered the state. This was a continuation of the outsider-local conflict which the Sangh had leveraged earlier. Using its clout at the Centre, the Sangh plunged into the student agitation in Assam with members carefully positioned within to steer the agitation into their mould. The misgovernance by the Janata Party caused it to lose power quickly and, in the 1980 general election, the JS was back to 16 seats in Parliament. However, by then, the Sangh had used its carefully cultivated propaganda to edge its way into the social structure for its fourth phase.

This fourth phase consisted of manoeuvring its apparatus to highlight the issues that posed the Muslim population as the enemy. The Assamese had begun their agitation on a non-communal basis, with equal opportunity and anti-foreigner slogans. But the activists of the Sangh began popularising the detection, deportation, and deletion (the 3D policy) of the Muslim ‘Bangladeshi’ and patiently constructed an image of the ‘foreign invader’.

By 1983, foot-soldiers in 300 shakhas of the Sangh had propelled this imagery into the Nellie massacre, during which thousands of agitators surrounded the village of the same name and in eight hours 1819 persons of Muslim origin were killed. The report of the Tewari Commission into this massacre has not yet been made public. But no less than Atal Behari Vajpayee, the president of the Bharatiya Janata Party (BJP, the new avatar of the JS) at the time, was quoted as saying in an election speech, “Foreigners have come here and the government does nothing. What if they had come into Punjab instead? People would have chopped them into pieces and thrown them away.”

This phase of direct violence did not pay political dividends as the BJP dropped to a historic low of 2 MPs in the 1984 elections. Hence, the Sangh back-tracked a bit. It piggy-backed the Assam students’ agitation to pressurise the Congress government at the Centre, now led by Rajiv Gandhi, to sign the Assam Accord in 1984, formally adopting the 3D approach.

Also Read: BJP is Using Citizenship Act Amendment to Reinforce and Spread Hindutva in Assam

Ram Janmabhoomi agitation and 1992 Action Plan

The Sangh then felt emboldened to take its social and cultural engineering project further by re-launching the Ram Janmabhoomi agitation based on an imagination of Lord Ram’s birthplace. A year later, the Congress was easily persuaded to amend the Citizenship Act to fix a cut-off date for granting citizenship to Bangladeshi migrants in Assam. This also enabled the Congress in 1988 to order the Foreigners Regional Registration Office (FRRO) to make a study of Bangladeshi settlements in the capital city of Delhi. The consequent growth of the Sangh was displayed in 1989 when the BJP again re-emerged in Parliament with 85 members.

When the number further increased to 120 MPs in the 1991 elections the Sangh began its fifth phase by using the 1988 FRRO study to draw public attention to the growing numbers of ‘infiltrators’ (Bangladeshis) in Delhi – again a subtle mixture of numbers pulled out of nowhere and riding shadowy fears. The Congress under Narasimha Rao was subtly coerced to announce an Action Plan in 1992, followed by Operation Pushback in Delhi’s slums in 1993. Powers were delegated to the Delhi police to detect and deport Bangladeshis from the 11 bastis earmarked by the FRRO study. The Action Plan specifically set a target of 2,000 to 2,500 foreigners to be evicted each month, with the aid of ‘informers’ in the bastis. This marks the outsourcing of indirect, and demeaning, violence to a ‘revitalised’ state force and agents within the basti. When the first batch of 132 detainees were ready, it was the police who shaved their heads, burnt all their belongings, transported them to Sealdah on the Prophet’s birthday, and handed them over to the Border Security Force (BSF), who thrashed them in public to mark a brutal no-return message before sending them across the border.

Adverse publicity caused the Congress government to suspend Operation Pushback. But the spectrum of Sangh-directed activities continued with the Ram Janmabhoomi agitation, resulting in the demolition-as-spectacle of the Babri Masjid at Ayodhya by an inflamed mob of young people in 1992; the transformation of Operation Pushback in Delhi into Operation Flushout all over the country in 1993 – this time with the direct involvement of the Sangh’s cadres; and the BJP’s electoral victory in Delhi’s first assembly elections the same year.

By 1996, the BJP’s election manifesto not only openly adopted the 3D policy for “an alarming growth of a section of the population”, but placed the four Sangh-inspired targets – constructing the Ram Mandir, abolishing Article 370 in Kashmir, bringing in a Uniform Civil Code, and implementing Article 48 (cow protection) – at the heart of its political ambitions. It won the 1996 elections with 161 MPs and formed an alliance government; and again in 1998 and 1999 with 182 MPs (although it lost the Delhi elections in 1998).

Also Read: The Babri Masjid Demolition Was Impossible Without RSS Foot-Soldiers Like These

A juridical twist

With this gradual strengthening of its political manifestation, the Sangh decided it was time for a sixth phase to return to its larger social and cultural agenda, but with a juridical twist. It realised that many of its targets in Assam were protected by the Illegal Migrants (Determination by Tribunal) Act (IMDT) passed by the Indira Gandhi government in 1983. Under the IMDT, the burden of proof to establish nationality was placed on the state. Contesting the pleas for their rights by migrants filed since 1998, one of the Sangh’s Assam collaborators filed a writ in the Supreme Court in 2000 for repealing the IMDT. To make doubly sure, another writ was filed in 2001 in the Delhi high court to take effective steps to remove illegal Bangladesh migrants from Delhi. Following an interim order in the latter, the home ministry formulated an Action Plan in 2002 to expeditiously detect and deport illegal Bangladeshi nationals from Delhi. The target was set even higher than the 1993 Action Plan.

Chief minister Sarbananda Sonowal today ordered an inquiry into the circumstances leading to the alleged spurt of deaths due to electrocution during the seasonal floods in Assam. Credit: PTI

Sarbananda Sonowal filed a petition agains the IMDT Act. Credit: PTI

In 2004, towards the end of the BJP government, news began trickling in that citizens from West Bengal and Assam, working as rag pickers in Delhi, were being routinely arrested on the charge of being illegal immigrants. An association of concerned citizens tracked the news and discovered that the 2002 Action Plan had acquired a vicious veneer over the 1993 one. The local police, and the informers who led them to the alleged illegal persons, had become enmeshed in a system of corruption and indoctrination. An ‘illegal’ person would be identified on the basis of dress (lungi), name (Muslim), and language (accented Hindi). The police would swoop down on the bastis in the dead of night and selectively carry off men, women and children. When documents would be offered by the victims as evidence of citizenship, they would be routinely torn up unless ‘Gandhiji’s note’ (currency above Rs 500) was produced to attest to nationality.

While police vans filled with these unfortunate people waited in the compound of the FRRO office, their papers were taken in and duly signed by a senior police officer acting as the registration officer, and a Leave India Notice issued under the Foreigners Act, making a mockery of the law. In the detention centre, blankets, milk for the children, etc. had to be bought from the police; the detainees were not allowed to offer prayers, there were complaints of physical assault, with slaps, kicks, and punches being regularly meted out. When sufficient numbers of detainees had accumulated, they would be put aboard a closed train to Malda and then transferred to a BSF camp. Multiple incidents of sexual harassment, physical violence, and extortion were reported by those who managed to escape or buy their way out. Those still in custody would be pushed across the fence into ‘no-man’s land’, 5 kilometres from the actual border, in the dead of night and at the point of a rifle, without informing the Bangladesh Rifles on the other side of the border. The state forces were clearly performing as communal and committed agents of the Sangh strategy, but with an embedded vested interest.

The BJP government fell in the 2004 general election, but the sixth phase continued as the Supreme Court announced its decision in the IMDT case in 2005. It was a curious decision, to say the least. Comparing the numbers detained under the IMDT with those detained under the Foreigners Act (FA), the Court arrived at the conclusion that the FA “is far more effective in identification and deportation of foreigners” as compared to the IMDT. Hence, the IMDT “contravenes Article 355 (duty of the Union of India to protect every State against external aggression and internal disturbance) of the Constitution is, therefore, wholly unconstitutional and must be struck down”. The Court recognised that the difference between the two Acts was that the FA places the onus upon the detained person to prove his citizenship, and that there is no forum for appeal. This is a fundamental departure from liberal jurisprudence, which deems a person to be innocent unless proven guilty. Yet the court did not take into account this argument and played right into the hands of the Sangh.

Strengthening hold over many states

In the ten years that the BJP was out of power at the Centre, but strengthening its hold over at least eight of the larger states in the north, the Sangh has perfected this six-fold strategy and is now moving towards the culmination of Golwalkar’s dream. He had rhetorically asked in 1939, “What is to be the fate of all those, who, today, happen to live upon the land, though not belonging to the Hindu Race, Religion and culture?” His answer was chilling:

“There are only two courses open to the foreign elements, either to merge themselves in the national race and adopt its culture, or to live at its mercy so long as the national race may allow them to do so …wholly subordinated to the Hindu Nation, claiming nothing, deserving no privileges, far less any preferential treatment –not even citizen’s rights.”

The three instruments at the centre of the current storm of protests – the Constitution Amendment Act (CAA), the National Population Register (NPR), and the National Register of Citizens (NRC) – are steadily moving in the direction of subordinating those whom Golwalkar called the ‘Mlechchh’: “all those who do not subscribe to the social laws dictated by the Hindu Religion and Culture.” They need not be detained in prisons or pushed across borders; confining them to the uncertain realm of non-citizens in bastis across the nation will be adequate, provided those bastis are, like Kashmir, hemmed in by a ring of steel and cultural ostracisation.

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That brings us to the implicit connection between the maligned ‘basti’ and the imagined ‘foreigner’. It is not just in the context of the Bangladeshi that this link becomes clear; the experience of total subordination, of jackboots trampling through imperilled lives, of the twin blows of truncheon and teargas, of a continuous chain of dispossession and disenfranchisement, has been the impact of ‘development’ on the labouring poor since the last four decades at least. Bastis in both urban and rural areas have seen many times what the young students in colleges and universities in the cities are seeing today. In fact, it is now the signature of the newest face of surplus accumulation by the enormously rich, as they have learnt that the more indigent and immiserised and disorganised the worker is, the greater the productivity that can be extracted out of his/her subordination. The march of the Hindu Nation is in perfect goose-step with the march of Capital, as is evident from the BJP’s 2019 election manifesto that lays extraordinary emphasis on modernising the Armed Police Forces, investor-friendly growth, e-commerce, e-mobility, artificial intelligence, robotics, self-organised groups, entrepreneurship, and on-line courses.

It is within this six-phased context that the future has to be imagined. Clearly, the possible roll-back of the CAA/NPR/NCR will not stop the Sangh in its tracks; nor an electoral defeat here or a change of office-holder there – no matter how desirable and victorious it may seem at the time. Since the entire fabric of the nation is being ‘emancipated’ (both by the Sangh and World Economic Forum), the challenge is even deeper.

To respond to that challenge needs a soaring imagination and scintillating courage that probably only the young can have.

A protest against the CAA and NRC in Pune. Photo: PTI

If citizenship is under challenge then is it sufficient to try and preserve the old concept of citizenship or to grasp that, apart from birth, descent, residence, and registration (and now religion), work should be a fundamental marker of an individual’s recognition in a nation? Or if the Constitution is under threat, is it enough to attempt to save it, or to move beyond that to a document that promises economic equality, justiciability of the Directive Principles, and eminent domain of the people? If the investor-friendly economy is collapsing, is it useful to fret about how to revive it, or should there be more thought devoted to a labour-friendly one? If public education is on the auction block then should one agitate to stop the auction, or could there be a challenge posed to the right to auction itself?

Reflection has always been harder than action – especially in the tumult of spontaneous action – but reflect we must, for our future depends on it.

Dunu Roy is a political ecologist and director of Hazards Centre, New Delhi