Issue of UP Demolitions Taken Up by SC ‘On Priority’, Says Justice Chandrachud

On June 16, a vacation bench of the Supreme Court had taken up the plea on the demolitions in Uttar Pradesh, directing the state government to desist from any demolitions, “except in accordance with the law”.

New Delhi: While delivering a lecture at King’s College, London on Monday, June 21, Supreme Court Justice D.Y. Chandrachud, was asked about the top court’s failure to take up the matter of retaliatory demolitions in Uttar Pradesh in a timely manner.

He responded by saying that a vacation bench of the top court took up the matter “on priority” and that it has even issued notice in the matter.

The vacation bench of Justices A.S. Bopanna and Vikram Nath, on June 16, had directed the Uttar Pradesh government not to carry out any demolitions “except in accordance with the law” and had given it three days to demonstrate how the spate of recent demolitions in the state had followed established laws and procedures.

Justice Chandrachud’s remarks are particularly relevant in the context of the Supreme Court’s past responses to the recent Union government-backed demolition drives seen in several states across the country.

For instance, when the Bharatiya Janata Party (BJP)-controlled North Delhi Municipal Corporation (NDMC) had undertaken a demolition drive in Delhi’s Jahangirpuri in April, Chief Justice of India N.V. Ramana had ordered a status quo on the drive. However, the demolitions, which began at 9 am, went on for hours after his order, only stopping at around 12:45 pm.

The following day, the Supreme Court had said it would take a “serious view” of the fact that the demolitions continued even after the court’s orders.

‘Citizens must engage with elected representatives to resolve issues’

Justice Chandrachud highlighted several other issues in India with respect to the judiciary during the course of the lecture, such as the increasing trend of Indians resorting to the judiciary for the resolution of societal issues, saying that it indicated the “waning power of discourse and consensus building”.

This moving away from deliberative fora and towards the court is one of the several issues the Supreme Court judge brought up during the lecture, which was on the topic of ‘Protecting human rights and preserving civil liberties: The role of courts in a democracy’.

Also read: In Today’s India, the Law Is Being Subverted to Create Social Unrest

“The growing litigious trend in the country is indicative of the lack of patience in the political discourse. This results in a slippery slope where courts are regarded as the only organ of the state for realisation of rights – obviating the need for continuous engagement with the legislature and the executive,” LiveLaw quoted Justice Chandrachud as saying.

He said that a democratic society must, at its core, resolve these issues through public deliberations and the engagement of citizens with elected representatives of the constitution. As such, he said that while the apex court must uphold citizens’ fundamental rights, it must not “transcend its role by deciding issues requiring the involvement of elected representatives”.

“Refining our rights rhetoric to include participative processes as well as substantive outcomes is one step towards recognising the complementary roles the political and legal spheres of the Constitution play in protecting our human rights,” Justice Chardachud said.

He added that the fulfilment of the ideals and protections enshrined in the cannot be achieved only by voting every five years and that it must be done through “continuous engagement with the pillars of democracy”. 

On Gender

Citing the examples of a number of judgments, Justice Chandrachud discussed several topics during the course of his lecture, one of them being gender.

He noted the ways in which the top court has attempted to move beyond the “manifest forms” of gender-based discrimination in terms of male-female binaries, gendered notions of certain professions and gender-based discrimination in specific settings, such as at the workplace, at home and so on.

Further, he discussed the issues facing the LGBTQIA+ community in the country and how it has “found its voice in courts”.

“The members of the LGBTQ community have lived, thrived, endured and loved through the beginning of time. In the face of stigma and prejudice, many have been forced to live their lives closeted from the ‘straight’ society. In turn, they have created their own communities, found liberation in solidarity as they together resisted the heteronormative order and have crafted their own language of “being” when the labels that the society gave them fell short of the diversity that they had to offer to the world,” he said.

Also read: ‘Not Just Their Fight’: Lessons for India from the Struggles and Victory of One Lesbian Couple

In this context, Justice Chardrachud spoke of the court’s landmark judgment in the case of Navtej Singh Johar and Ors Versus Union of India in which it decriminalised same-sex relations by scrapping Section 377 of the Indian Penal Code (IPC).

He also mentioned that in 2019, the Botswana high court had relied heavily on this judgment while declaring a law which criminalised same-sex marriage unconstitutional, also adding that it is “encouraging” that Indian high courts, since the judgment, have started recognising romantic relationships between women and have offered them protection.

How Indian Cities are Squeezing the People out of Public Spaces

Areas where people engaged as citizens are gradually being replaced by spaces of consumption, dividing our cities even more and shrinking the realm of public discourse.

The recent controversy over the disruption of namaz in several public places in Gurgaon raises questions about the rights of the people over public spaces and their utility in modern Indian cities.

Great cities across the world have historically been defined by the quality of their public spaces  more than the architectural beauty of individual buildings. We have now come to terms with the Manhattan skyline devoid of the Twin Towers, but can we imagine New York without the hustle and bustle of Times Square? Or Delhi without people enjoying ice-cream on the India Gate lawns? Or, for that matter, Varanasi without its majestic river ghats? A city cannot be experienced without imbibing the publicness of it.

European cities, influenced by classical Greek and Roman urban design, often have charming paved plazas at the centre, surrounded by impressive public buildings. While large uncovered paved plazas are not suitable for India’s hot climate, neighbourhood chowks, bazaars and streets in Indian cities have for long been functioning as public spaces, where people gather not just to buy their daily necessities, but also to pick up the ‘gossip of the day’.

Egyptians attend an anti-military council protest at Tahrir Square in Cairo November 18, 2011. REUTERS/Asmaa Waguih

The best public spaces in the world are multifunctional and multicultural, much like the river ghats of Varanasi. Here, tourists take selfies, young couples find anonymity in the crowd, the elderly savour the evening breeze, devotees experience salvation through the spectacle of sandhya-arati and chaiwallahs earn their livelihood.

The public realm is embedded in our vernacular urban fabric – where we encounter the ‘other’, the  people who are different than ourselves. This diversity enriches our everyday experience of life.
Vibrant public spaces draw crowds from all walks of life and have also been vital platforms for political discourse since the ancient times. Greek Agoras and Roman Forums were places where discussions and debates were held. Political scientist John Parkinson, who extensively studied public spaces in 11 major cities across the world, notes that ‘safe’ and ‘accessible’ public spaces are vital for participatory democracy. As ‘physical sites’ of politics and legitimate protests, these are the places where rallies are held, dharnas and morchas are organised, and civil society activists light  candles in protest.

A Left Front rally in Kolkata’s Brigade Parade Ground. Credit: PTI Files

Political communication has a ‘dramatic’ or ‘performative’ aspect, and public spaces are anchors that bring political actors and audience together. Kolkata’s Brigade Parade Ground, with the iconic Shaheed Minar as backdrop, is one such grand venue, as is Delhi’s Ramlila Maidan. The tallest political leaders – from the Left, Right and Centre –  have ‘performed’ here to a thunderous applause. At a more intimate, neighbourhood level, parks and street corners often take the shape of a stage for such performative political communication.

But, how relevant are such forms of communication in the age of social media, when people spend more time on Facebook rather than talk face-to-face?

Today, one can build a movement through WhatsApp, propagate it through Twitter and document it on Instagram. The Arab Spring movement of 2011 was mobilised through smart phones. “But they [angry Egyptians] still needed Tahrir Square” argues Parkinson, just as the angry Chinese students needed a Tiananmen Square in 1989.

Closer home, the Bharatiya Janata Party’s highly effective electoral campaign in 2014 buttresses the point. The BJP fully exploited the potential of social media for political communication. But that did not diminish the importance of ‘chai-pe-charcha’ in community spaces. Cyber space has stepped in to co-exist and complement public space, not to replace it, just as online shopping or shopping malls have not eroded neighbourhood kirana stores.

However, the moot point about public space is how it is constructed and controlled. This brings us back to the Gurgaon episode and its contradictions.

Without any discernible centre or visible urban structure, Gurgaon is a most unusual city – rather a motley collection of privately developed gated enclaves that stretch endlessly along the Delhi-Jaipur highway, separated from each other by old villages. It is a landscape of glaring inequalities between manicured private lawns and messy slums. The concept of public realm has been squeezed out of this privatopia.

For lakhs of those who live outside the gated enclaves of aspirational new India – the rural folks, whose villages have been engulfed by the galloping pace of urbanisation, or the new migrants trying to make ends meet through the informal economy of the millennium city – community life revolves around the leftover spaces between buildings.

Tamil Nadu farmers during their protest at Jantar Mantar in New Delhi in April. Credit: PTI

Tamil Nadu farmers during their protest at Jantar Mantar in New Delhi in April. Credit: PTI

Roads and pathways in such amorphous organic settlements are not just for motorists to drive past, but for trading, festivities and occasionally playing cricket. These are vibrant community spaces in the true sense of the term for people to congregate, deliberate and celebrate, as opposed to the sterile homogeneity of ‘people like us’ within the compound walls.

Tensions and conflicts in such in-between areas are, therefore, inevitable, but most of these are usually negotiated and settled within the community. The traditional Indian spirit of accommodation prevails. But, interventions by external vigilante groups to impose majoritarian will and forcibly deny prayer space to other communities weakens the neighbourly space relations, threatening to turn mixed neighbourhoods into urban ghettos.

It is, however, not sufficient to limit the discussion to the civic dysfunctionality of Gurgaon, or even to the motives of vigilante hoodlums to sow social discord at the behest of their political masters, without addressing the bigger issue of changing space relations in Indian cities.

There are two interrelated points here.

First, authoritarian state agencies are attempting to reduce the scope of civic protests in central areas, such as Jantar Mantar in Delhi or College Square in Kolkata. In the garb of public interest (to prevent noise pollution or traffic congestion), the state agencies are trying to dislocate public demonstrations, a lawful civic activity, from the spaces in the heart of cities to places of insignificance – away from the masses they seek to mobilise.

Second, the urban pattern in India in the neo-liberal era is getting more and more fragmented. The urban middle class is moving away from cities to gated communities on the outskirts. The ‘Gurgaon model’ of developer-driven consumerist urbanism is being actively replicated across the country. Devoid of accessible and pluralistic public spaces, this new urban pattern is dividing our cities more and more.

Social Scientist Richard Sennett attributes the gradual shrinking of public realm in neo-liberal cities to the fall of the public ‘man’. Spaces where people engaged as citizens are being replaced by spaces of consumption. Spaces of everyday political discourse are disappearing. Parallelly, there are growing attempts at place-making. The Sabarmati Riverfront in Ahmedabad and the Ganges (Hooghly) Riverfront in Kolkata are two such examples. Token beautification exercises – devoid of linkages with the larger urban fabric of the city – are being showcased as new public spaces.

The very idea of the urban public space as a forum for democratic deliberations, discussions and debates rests on the notion of acceptance of the ‘other’, pluralism, multiculturalism, and the rights of the people over the city. The decline of meaningful public spaces, therefore, weakens opportunities for participatory democracy.

Tathagata Chatterji is Professor of Urban Management and Governance at Xavier University Bhubaneswar. Souvanic Roy is Professor of Urban Planning at IIEST Shibpur. Views expressed are personal.

What the Call to Ban Unofficial Groups at IITB Really Means

The protests in IITB against groups discussing and challenging inherent oppressions are another nail in the coffin of free student expression and activism

On 21st April, at 6:30 pm, a few dozen IIT Bombay students participated in a march to end all marches.

The march took the same route (albeit in reverse) which had been hitherto often assumed by a group they wanted to ban – APPSC, or Ambedkar Periyar Phule Study Circle. In doing this, they perpetrated a nauseous reversal of the values that APPSC stood for: participatory democracy, substantive equality for all, and the annihilation of caste.

The march on 21st April was a reactionary negation of these, essentially republican values, hidden as it was behind benign words like ‘accountability’, ‘institutional integrity’, and ‘responsibility’. Behind the eye-wash, it was a Brahmanical reaction to the egalitarian Buddhism of Siddhartha, where a new generation of agraharam dwellers sought the force of the law to shut down the dissenting, life-affirming voice from Gaya.

While the establishment didn’t heed this absurd call by an unofficial group to ban all ‘unofficial groups’, what was more worrying to me, was the lukewarm support, although vocal in some circles, among the undergraduate community in IITB. Those ‘apolitical’, ‘liberal’, student elite of the country, who are the ‘nation-builders’ of tomorrow, not only as engineers and technologists, but also as policy-makers, and God-forbid, novelists and columnists, of which the less said the better.

As a critical outsider to APPSC, I have observed their development over the last two and a half years. What began as a solidarity group, contrived by a few doctoral students after the violence against the APSC in IIT Madras, seems to finally have come into its own: holding reading groups on Ambedkar’s and other progressive writers’ works, open discussions under the forum called majlis where Professors are invited to speak, followed by rigorous discussions. They recently held its largest cultural program where a radical Ambedkarite troupe called ‘Samta Kala Manch’ dazzled the audience with their revolutionary songs in Hindi, Marathi, and Urdu. In the best tradition of the Enlightenment, it encourages a rather complacent student body to think seriously and anew about caste today, about the democratic deficit in our institutions, about sexism, and about the structural injustices being faced by minorities, religious, ethnic, political and sexual. In Kant’s terms, APPSC dares the student body to know, to think for themselves, to be ‘wise’, ‘sapere aude!

The attack against APPSC and other ‘unofficial groups’ is disconcerting. When the discourse on social, economic, and political issues is constricted to a very narrow spectrum, student-led bodies like these become essential for the development of well-rounded citizens. Even in my own case, as someone who received a steady dose of progressive thought (and theory) in my undergrad years, the reading group on Ambedkar’s works and the after-hours discussions over chai, were revelatory. So much so, that my personal academic work started moving more towards Ambedkar’s political thought, rather than the usual suspects of western political theory. A ban on such a body would thus be a personal loss.

This doesn’t mean that APPSC is flawless. Like any student-run organization, it has its own problems, and my disagreements with it have kept me from seeking membership. I had often voiced my concern that it was preaching to the choir and that its duplication of a method and vocabulary that might work in a graduate sociology seminar is ineffective in the public square of a campus. Especially one that has recently been in the news for having posters propositioning girls (I’m assuming in the voice of a male-student) in the taste-less rephrasing of words of that crass Bollywood song, Chalti hai kya Hostel se Convo? or encouraging Basanti, contra Veeru, to dance in front of the dogs. Some of the speakers at APPSC events would use a vocabulary that appears ostentatious outside an academic conference on say, ‘Caste and Civility’, eliciting confused frowns by nonplussed undergrads, with the more reactionary among them responding with alternative facts from websites that peddle fake news.

The challenges that APPSC faces are unlike those that the group might face at other universities where social sciences are not merely a ‘service department’, where student activism is not frowned upon, where politics is not a dirty word, and a student group is not seen as an infiltrator from ‘leftist’ political parties. However, recently, these democratic or democratizing groups have in fact succeeded in changing the campus from one that is blind to the casual sexism/casteism/Islamophobia/homophobia, to one that is beginning to talk about them – although with a jaundiced eye. Yet there is still a need to clarify and tackle head-on the student community’s confusions about the very terms of the discourse.

In its turn, APPSC might say that such an exercise to be successful would require an initial spark of interest on the side of the students who seem uninterested in these issues, to begin with. Piquing their interest would require an event of ground-shaking significance, something that gets people talking, something that causes a furore. Ironically, the ‘protest to end all protests’ seems to have done just that.

Danish Hamid is a lawyer by training who is currently using tax payer’s money to write a dissertation in political theory.