Category: Human Rights

  • The Democratic Warrior – Countering Unrestricted Violence with Clausewitz

    The Democratic Warrior – Countering Unrestricted Violence with Clausewitz

    This research paper was originally published in the “African Journal of Terrorism and Insurgency Research (AJoTIR)”, Volume 2, Number 1, April 2021. Pp. 89-106.

     

    Abstract

    We often find the application of indistinctive, brutal and extraordinary violence by all fighters and soldiers in terrorist, insurgency, and counter-insurgency acts in Africa. This article argues that we need a code of honour for those bearing arms to limit these unrestricted acts of violence, a code of honour that combines military duties with the demands of civil society in the model democratic warrior. The changes to the global system that followed the end of the Cold War are widely regarded as requiring a different kind of soldier for democratic societies. A number of writers have proposed that the new model should be that of the “warrior,” a concept that highlights the psychological and social distinctiveness of those who bear arms. Such men and (rarely) women are often conceived as operating according to a distinctive code of honour that sets them apart from civil society, usually in a positive way. But we know that the concept of honour may also lead to a terrible escalation. So, the task is to reconnect the concepts—warrior and honour—to civil society to de-escalate the ongoing brutal violence in civil wars. There is no honour in killing innocent people. On the contrary, it is perhaps the most egregious act against one’s honour and dignity to torture, violate, or kill the innocent. The concept of the democratic warrior seeks to reinstate honour and dignity to those bearing arms.Keywords: democracy, warrior, civil society, civil war, honour, dignity, terrorism, Clausewitz, wondrous trinity, containing violence.

    Introduction

    At first glance, the concept of the democratic warrior appears contradictory. Indeed, it combines seemingly conflicting value systems in a single concept. Like a magnet or Clausewitz’s favoured model of the unity of polar opposition between attack and defence, a methodology can be formulated to explain how this type of conflicted unity is not necessarily a logical opposition and can be a dynamic interrelationship on a continuum. At one end of the continuum is democratic equality and non-violent conflict resolution, while at the other end is the threat of (and sometimes) violently enforced limitation of war and violence; at one end is a civilized society, while at the other is a subsystem of society whose identity is defined by martial honour.

    The decisive bond that can link the two poles of this dynamic relationship, without eliminating their opposition, is the classical republican virtues, which can lay claim to relative validity in both spheres. Since Plato, the classical virtues have been prudence (wisdom), justice, fortitude, and temperance. Without a specific ethos aimed at the political functioning of the polity, a state can sustain itself only under the conditions of a dictatorship. If republican virtue, which is oriented toward the polity, cannot be directly reconciled with liberal democracy and its focus on the individual, it can take on a completely new significance as a bond linking a democratic society to democratic warriors. For Machiavelli, republican virtue already guarantees both external and internal freedom. In this respect, the necessary though not yet adequate condition of the democratic warrior is to also be a republican soldier. Add to this the limitation of war and violence in a global society to make democratic societies possible. A renewal of the republican virtue is the link between a liberal-democratic society and a warrior ethos.

    The “warrior” is by definition someone who chooses to bear arms and is proficient in their use. In this sense, whatever the distinctive characteristics of the warrior ethos, its institutionalization reflects the same preferences for professionalism, expertise, and individualism that are characteristic of modern society as a whole. Contemporary conditions, it is argued, no longer call for armed masses, but for experts whose willingness to serve in uniform will allow others the freedom not to serve.

    It must be admitted, however, that the concept of the warrior does not call forth associations with modernity, but rather of the “archaic combatant” (Röhl 2005), whose ethos, skills, and experiences set him apart from normal society and in opposition to its basic values, of which the most cherished is, of course, peace. The fact the warrior freely chooses his profession may be consistent with democratic values, but the existence of a “warrior class” uniquely skilled in the use of force, whose values are not those of society as a whole, is scarcely consistent with democratic interests. It is also true that those who serve in today’s democratic armies are called upon to do a great deal more than fight. Although phrases like “armed social worker” undervalue and denigrate the martial qualities that remain foundational to military life, it is true that only a small percentage of men and women in uniform actually fight, and that their duties entail a wide range of activities in which violence plays no part. To those who wish to uphold the warrior spirit, the diverse requirements of modern military missions are liable to hold scant appeal, which may undermine the sense of purpose and identity that drew them to the profession in the first place.

    The discussion that follows seeks to build a bridge between the distinctive ethos of the warrior and the moral and political requirements of democratic societies, using the concept of the “democratic warrior.” It seeks to do justice to the self-image of those who bear arms (a morally distinctive task) while connecting it to the various goals and practices of democratic societies, and the diverse uses to which they put their armed forces. We may begin by noting that a warrior, even in the most traditional terms, is not merely a combatant—a fighter—but has always performed and embodied a range of social, military, and political roles. Our starting point for considering what those roles must be is Clausewitz’s concept of the trinity, a metaphor intended to encompass all types of war, which, by extension, can provide a lens through which the ideal range of characteristics required of the democratic warrior can be envisioned. War itself, as Clausewitz avers, is compounded of primordial passions, an irreducible element of chance, and what he called an element of “subordination” to reason, by which its instrumental character is revealed. When Clausewitz set forth his trinity, he posited that the chief concern of the warrior must be the mastery of chance through intelligence and creativity; and so it remains. Yet there is no reason to suppose that such mastery means that war’s social and political requirements should be ignored. On the contrary, unless they too are mastered, the warriors sent forth by democratic societies cannot represent the values and interests of the communities that depend on them, and of which they remain apart (Herberg-Rothe 2007).

    Soldiers and Warriors

    In both German and English, the word “soldier” (soldat) originally referred to a paid man-at-arms. The term became common in early modern Europe and distinguished those who were paid to fight— primarily in the service of the increasingly powerful territorial states that were then coming to dominate the continent—from members of militias, criminal gangs, volunteer constabulary and local self-defence forces, and other forms of vernacular military organizations. The rise of the soldier was linked to the rise of the state. This connection distinguished him from the “mercenary,” who also fought for pay, but as a private entrepreneur, what we would today call a “contractor.” Standing armies comprised of soldiers were different from and militarily superior to, the feudal hosts of the past, whose fighters served out of customary social obligation and generally possessed neither the discipline nor the martial proficiency that the soldier embodied. Clausewitz highlights these developments briefly in the last book of On War, and portrays them as an advance in political organization and military efficiency (Clausewitz 1984, 587-91).

    The absolute monarchies that made the paid soldier the standard of military excellence in early modern Europe were generally indifferent to the social and political identities of those they paid to fight, though not always. Frederick the Great, for instance, lamented his reliance on foreign troops and believed that his own subjects made better soldiers. “With such troops,” he wrote, “one might defeat the entire world, were not victories as fatal to them as to their enemies” (quoted in Moran 2003, 49). It was, however, only with the French Revolution that a firm expectation was established that a soldier bore arms not merely for pay, but out of personal loyalty to the state, an identity that was in turn supposed to improve his performance on the battlefield. This connection, needless to say, was largely mythical. Most of the men who fought in the armies of the Revolution, and all major European wars since then, are conscripts who would not have chosen to bear arms on behalf of the state if the law had not compelled them to do so. Nevertheless, submission to conscription was itself regarded as an expression of the ideal of citizenship, a concept that, like honour, depends upon the internalization and subjective acceptance by individuals of norms arising within the larger society.

    The French Republic never referred to its soldiers as conscripts, always as volunteers. The success of its armies and those of Napoleon, although transient, insured that “defence of the Fatherland [became] the foundation myth of modern armies”(Sikora 2002). The myth of voluntary sacrifice by the “citizen-soldier” to defend the community proved central to the legitimization of conscript armies, even in societies where democratic values were slow to emerge. In the middle of the nineteenth century, as Frederick Engels observed, conscription was Prussia’s only democratic institution (Frevert 1997, 21).

    It had been introduced in reaction to Prussia’s defeat by Napoleon, whose triumph was owed to the fact that the resources of the entire French nation were at his disposal. The aim of the Prussian military reforms was to accomplish a similar mobilization of social energy for war, but without inciting the revolutionary transformation of society that had made such mobilization possible in France. Prussia was no sovereign nation of citizens, and while the reform of its armed forces helped it to regain its position among the leading states of Europe, their political effect was limited.

    Many of those who promoted reform, including Clausewitz, hoped conscription would contribute to the democratization of Prussia’s armed forces, and, indirectly, of society as a whole. But the moral influence could as easily run the other way, and, as Friedrich Meinecke observed, measures designed to bind army and society together had the effect, in Prussia, of militarizing society instead. Even the Great War did not fully succeed in stripping war of its moral glamour. The supposedly heroic massacre of German troops attacking the British at Langemarck (1914), for instance, remained a staple of right-wing mythology until the end of the Third Reich, by which “our grief for the bold dead is so splendidly surpassed by the pride in how well they knew how to fight and die (Hüppauf, 1993, 56). Alongside this kind of blood-drenched nostalgia, the industrialized warfare exemplified by battles like Verdun (1916) also asserted themselves. Under these circumstances, fighting and dying well acquired some of the aspects of industrialized labour, in which a soldier’s duty expresses itself, not through the mastery of chance as Clausewitz proposed, but through submission to what Ernst Jüngercalled “the storm of steel.”

    It was only after World War II that German soldiers became authentically democratic citizens in uniform. According to Wilfried von Bredow, the creation of the Bundeswehr in 1956 was “one of the Federal Republic of Germany’s most innovative and creative political reforms, fully comparable in its significance to the conception of the social market economy” (Bredow 2000). Its evolution as an integral part of German society has embodied a calculated break with the German past, one that has become even more apparent since the demise of the Soviet Union has shifted the mission of the German army away from national defence and toward expeditionary operations calculated to help maintain regional and global order. As the conscript armies of the past have given way to the professional and volunteer armies of the present, in Germany and elsewhere, the model of the democratic “citizen in uniform” has once again been required to adapt to new conditions.

    It is perhaps slightly paradoxical that as wars have become smaller and more marginal in relation to society as a whole, the ideal of the warrior as an apolitical professional fighter has regained some of its old prominences. Such individuals are thought to embody values different than those of society as a whole, to the point where their loyalties, like their special capabilities in battle, are thought to spring solely from their organization and mutual affiliation. John Keegan, a proponent of the new warrior, explains the rejection of the values of civil society in terms of the psychological impact of violence on those who experience and employ it. War, Keegan argues, reaches into the most secret depths of the human heart, where the ego eliminates rational goals, where pride reigns, where emotions have the upper hand, and instinct rules. One of Keegan’s models of the warrior is the Roman centurion. These officers were soldiers through and through. They entertained no expectation of rising to the governing class, their ambitions were entirely limited to those of success within what could be perceived, for the first time in history, as an esteemed and self-sufficient profession. The values of the Romans professional soldier have not diminished with the passage of time: pride in a distinctly masculine way of life, the good opinion of comrades, satisfaction in the tokens of professional success, and the expectation of an honourable discharge and retirement remain the benchmarks of the warrior’s life (Keegan 1995, 389-391).

    The enthusiasm of Keegan and others for the revival of the warrior ethos is the belief that “honour” can play an important role in limiting violence, far more effective than the proliferation of legal norms that lack the binding psychological validity required to stay the hand of those who actually take life and risk their own. Warriors use force within a customary framework of mutual respect for one another. This is part of what has always been meant by “conventional warfare”, a form of fighting that necessarily includes a dissociation from combatants considered to be illegitimate. How and whether these kinds of customary restraints can be successfully reasserted under contemporary conditions is one of the central problems with which the concept of the democratic warrior must contend. In opposition to Keegan, I think, that the warriors’ code of honour must be related back to civil society, although this is a task which requires bridging a gap and remains a kind of hybrid.

    Old and New Wars

    To judge what kind of “weapon carrier” will be needed in the twenty-first century, we must begin by looking at developments since the end of the East-West conflict. It has proven, broadly speaking, to be a period of rapid social, political, and economic development whose outstanding characteristics are marked by the decline or disappearance of familiar frameworks and inherited values. Thus, one speaks of denationalization, de-politicization, de-militarization, de-civilization, de-territorialization, and delimitation.

    Unsurprisingly, these changes are also supposed to be marked by “new” wars, characterized by the decline of statehood, the rise of privatized violence, the development of civil war economies, and the reappearance of types of combatants thought to be long gone— mercenaries, child soldiers, warlords, and so on. The new types of combatants are in turn associated with rising incidences of suicide bombing, massacre, and other forms of atavistic and irrational violence(Kaldor 1999, Münkler 2004).

    Political and academic discourses have produced a range of new concepts designed to capture these conditions, including privatized war, asymmetrical warfare, small wars, wild wars, low-intensity conflict, post-national wars; wars of globalization on the one hand, and of “global fragmentation” on the other. It is apparent, however, that each of these terms describes only one segment of a complex reality. To some extent, a new type of war is being discovered with each new war. At the same time, these different terms share a common assumption that war now consists mainly of conflicts involving non-state actors on at least one side, and, by extension, that the motivation and goals of such belligerents are likely to prove unfathomable in political terms. The result for some is an approaching anarchy (Kaplan 1994), whose remedy is a revived liberal interventionism, the only principle that seems able to guarantee a modicum of global order (Münkler 2007).

    It is possible, however, that the contemporary diffusion of conflict beyond the confines of the state system is no more than a transitional phase, with particular strong links to those parts of the world—Africa and Central Asia above all—where the challenges of post-imperial social and political adaptation are still especially pronounced. Neither does the fact that the parties to war are non-state actors necessarily mean that such wars lack a political or ideological basis. Such wars may not represent a clash between order and anarchy but between competing conceptions of order (Münkler 2004). While a revived interventionism may indeed be a suitable antidote to anarchy, it is unlikely to do more than aggravate indigenous conflicts over the politics of order – and as it seems at present, it is contributing to the escalation of violence throughout the world. Now, as in the past, violence is not simply a source of disorder. It is also a means of shaping order and providing the basis for community formation.

    It is possible to wonder, in other words, how new the “new wars” actually are. Widespread atavistic and vernacular violence were already prominent features of the Chinese civil war, the Russian civil war, the Armenian genocide, and many other episodes of “old wars”. Those who favour the concept note a number of formal changes that resulted from the disappearance of Soviet-American rivalry, above all a decline in external assistance. The proxy wars of the past have become the civil wars of the present, conducted by parties that must rely on their own efforts to obtain the necessary resources, including illegal trafficking in diamonds, drugs, and women; brutal exploitation of the population; extreme violence as a way of attracting humanitarian assistance that can then be plundered; and the violent acquisition of particularly valuable resources (robber capitalism). These changes may well amplify the social consequences of violence, but do not necessarily deprive it of its instrumental and political character (Schlichte 2006).

    The point of departure for the study by Isabelle Duyvesteyn, for example, is a very broad definition of politics based on Robert Dahl: “any persistent pattern of human relationship that involves, to a significant extent, power, rule or authority” (Duyvesteyn 2005, 9). Duyvesteyn refers especially to the fact that in the fast-developing states she has studied, the differences between economics and politics are not as clear cut as Westerners expect. Struggles that seem to be about the acquisition of resources can be motivated by power politics to obtain a separate constituency. Because the position of power in these conflicts is often determined by the reputation of the leader, what may appear to be personal issues can also be incorporated into a power-political context. Her hypothesis is not that economically, religiously, ethnically, or tribally defined conflicts are masks for politics, but rather that these conflicts remain embedded in a political framework that is understandable to the participants.

    It is also apparent today’s civil wars do not always trend irrevocably toward social and political fragmentation, becoming increasingly privatized until they reach the smallest possible communities, which are held together by only violence itself. The defeat of the Soviets in Afghanistan, for instance, gave rise to a civil war between warlords and individual tribes that appeared to be tending in this direction for a time, only to acquire a new and recognizably ideological shape once the Taliban seized power. This new tendency was confirmed by the Talibans’ willingness to give shelter to al-Qaeda, a global and trans-national organization of almost unlimited ambition, whose attacks upon the United States have in turn embroiled Afghanistan in a conflict about the world order pitting the West against militant Islam. At present, we witness in “Sahelistan” a similar development, but this is not confined to a single state, but to the whole region.

    At a minimum, it seems clear that the new wars, to the extent that they are new, are not all new in the same way. In some, violence does indeed appear to gravitate downwards towards privatized war; in others, however, the movement is upwards, towards supra-state wars of world order. Although these trends are linked in practice, analytically they are distinct. States do still wage wars, but for the most part, they are now doing so not in pursuit of their own particular interests but for reasons related to world order. This is what accounts for the new interest in an American empire and hegemony (Walzer 2003). Nor is America the only state capable of seeking and exercising global influence.

    Russia, China, India and Europe (whose superficial fragmentation masks its concerted economic, regulatory and power-political influence) are all capable of challenging American influence in particular spheres of activity; and one day they may do so in all spheres (Zakaria 2009). In any event, the use of force by strong states in pursuit of world order, whether cooperatively or competitively, is likely to remain the dominant strategic reality for some time to come; a fact that should not be obscured by the simultaneous proliferation of privatized violence on the periphery of the world system.

    Clausewitz’s Trinity as a Coordinate System

    The argument about the newness of new wars is also an argument about the continuing salience of Clausewitz’s understanding of war as, in his words, a “wondrous trinity,” by which primordial violence and the exigencies of combat may finally be subjugated to reason and politics. It is apparent, however, that while the proportions of these three elements may vary, a good deal nowadays, perhaps more so than in some periods in the past, they do not escape the theoretical framework that Clausewitz established. At the same time, his trinity points us towards the essential characteristics of the “democratic warrior,” whose success requires that he masters the multiple sources of tensions that Clausewitz detected in the nature of war itself.

    Clausewitz’s trinity present war as embodying three elements in constant tension with each other: primordial violence, the fuel on which war feeds; the fight between two or more opponents, by which violence is given military effective form; and the community, whose interests, as represented by policy, give war its purpose, and whose existence provides the soldier with his essential identity: as one who fights for something larger than himself. The shifting proportions among these elements that modern war continues to display would not have surprised Clausewitz. On the contrary, he knew that all three would always be present in every war and that a “theory that ignores any one of them . . . would conflict with reality to such an extent that for this reason alone it would be totally useless” (Clausewitz, On War, 1984, 89; see Herberg-Rothe 2007). Each requires exploration if the characteristics of the democratic warrior are to be understood.

    Violence and force

    The most crucial polarity in Clausewitz’s trinity is between the instrumentality of war and the autonomy of violence. Clausewitz noted the tendency of violence to become absolute, and therefore an end in itself, a tendency that was restrained both by the instrumental rationality of policy and, less obviously perhaps, by the skill of the combatants. Clausewitz also notes the paradoxical influences that can attend the use of force at a distance. If combatants are separated from each other in space and time, it may promote relative rationality in the use of force; or it may not, since it introduces the disinhibiting influence of impersonal killing, in which the humanity of the opponent is no longer perceived. Fighting “face-to-face” demands personal aggressiveness and even hatred, which can lead to increasing ferocity in the use of force. At the same time, however, it may make it easier to perceive the opponent as human. A similarly paradoxical logic may arise from the use of expensive weapons versus simple ones. Expensive weapons systems and the highly trained combatants required to use them can lead to a certain limitation of war because these cannot be so easily risked (as was the case, he argued, in the wars of the 18th century). In contrast, wars waged by relatively unskilled combatants employing cheap and simple weapons may be more likely to escalate – as is evident from many of the civil wars in Africa, particularly with child soldiers.

    The Fight

    The most basic reason that the violence of war is prone to escalate is that combatants share a common interest in not being destroyed. In most other respects, however, their interaction is asymmetrical, most profoundly so, as Clausewitz says, in the contrasting aims and methods of attack and defence, which he avers are two very different things. The shape of combat is also influenced by whether war is directed against the opposing will (in effect, a war to change the adversary’s mind)or if it aims at his “destruction.” Clausewitz specifies that by the destruction of the opposing armed forces, he simply means reducing them to such a condition that they can no longer continue the fight. Nevertheless, Clausewitz long favoredNapoleon’s approach to warfare, which emphasized direct attack against the main forces of the enemy. Other forms of fighting are also possible, however, whose aim is to exhaust the enemy’s patience or resources indirectly, rather than confront and defeat his armed forces in the field. The real war, in Clausewitz’s days and in ours, is generally a combination of direct and indirect methods, whose proportions will vary with the interests at stake and the resources available.

    Warring Communities

    When referring to warring communities, we must first differentiate between relatively new communities and those of long-standing. This is because in newly constructed communities, recourse to fighting is liable to play a greater relative role in its relations with adversaries; whereas, in the case of long-standing communities, additional factors come into play. Clausewitz argues that the length of time a group of communities has existed significantly reduces the tendency for escalation because their long-standing interactions will include elements other than war, and each party envision the other’s continued existence once peace is made, a consideration that may moderate the use of force.

    War’s character will also vary depending on whether it aims to preserve the existence of a community or, as in revolutionary crises, to form a new one; whether war is waged in the pursuit of interests, or to maintain and spread the values, norms, and ideals of the particular community (see Herberg-Rothe 2007). Closely related to this contrast, although not exactly congruent with it, is the question of whether the purpose of war lies outside itself or, especially in warring cultures, whether the violence of the fight has independent cultural significance. The social composition of each society and the formal composition of its armed forces (regular armies, conscripts, mercenaries, militias, etc), play an important role here. Summarizing these fundamental differences yields the coordinate system of war and violence shown in the diagram.

     

    Every war is accordingly defined in terms of its three essential dimensions: violence, combat, and the affiliation of the combatants with a community on whose behalf the combatants act. Historically, these three tendencies within the “wondrous trinity” display almost infinite combinations and multiple, cross-cutting tensions since every war is waged differently. Thus, every war has symmetrical and asymmetrical tendencies, for instance, even when it may appear that only one of these tendencies comes to the fore (Herberg-Rothe 2007).

    The tension between the coordinates of Clausewitz’s trinity may also be heightened by different forms of military organization. Those that feature strict hierarchies of command are perhaps most conducive to the transmission of political guidance to operating forces; whereas what is today called network-centric warfare is characterized by loose and diffuse organizational structures, in which the community’s political will and mandate can no longer be so readily imposed on combatants directly engaged with the enemy. As in the warfare of partisans, networked military organizations place a high value on the political understanding of the individual soldier. It is because of the relative independence of soldiers in network-centric warfare that this type of warfare does not require an “archaic combatant,” but a democratic warrior who has fully internalized the norms of the community for which he fights.

    The Democratic Warrior in the Twenty-first Century

    Even in Clausewitz’s day, war was not the only instrument of policy that state’s possessed, though it was undoubtedly the most central. Today, its centrality is less obvious, even as the complexity of its connections to other forms of state power has increased (Thiele 2009). Combining the different perspectives afforded by foreign, economic, developmental, judicial, domestic, and defence policy permits a global approach to conflict resolution while making the considerations surrounding the use of force more complicated than ever. States now pursue their security through many avenues at once, and all the agencies involved must consciously coordinate, connect, and systematically integrate their goals, processes, structures, and capabilities.

    Given the continuing expansion of the concept of security in recent years, a democratic army needs a specific task and function since its essential purpose—the use of force—can not be dispensed with. There have been those who thought it might be. When the East-West conflict ended, Francis Fukuyama announced the “end of history,” meaning an end to the practice of war and violence (Fukuyama 1992). The triumphant advance of democracy and free markets seemed unstoppable, to the point where it appeared as if the twenty-first century would be an age defined by economics and thus, to a large extent, by peace. These expectations have now been decisively overturned by ongoing massacres and genocide in Africa; by the return of war in Europe (as happened in the former Yugoslavia); by the September 11, 2001 attacks on the United States and, the subsequent wars in Afghanistan and Iraq; the war between Georgia and Russia over South Ossetia in 2008, the civil war in Syria and Iraq and finally the prospect of war to suppress Iran’s nuclear program (itself a profoundly dangerous and destabilizing step, should it become reality).

    In a complete reversal of Fukuyama’s thesis, a struggle against a new brand of Islamic totalitarianism appears to have begun, in which violence has become “unbounded”—because terrorist attacks are potentially ever-present because no end to them is in sight and there is no reason to assume there is any limit to the scale of violence terrorists might employ, including the use of nuclear weapons should they come to possess them. These processes of growing disinhibition must be countered by a new containment policy that limits the expansion of war and violence in the world.

    Two basic assumptions underlie this conception. The first is that the escalation of violence in world society is so multifaceted and differentiated that a single counter-strategy will not suffice. Rather, an overarching perspective is required to decide which measures are suitable in individual cases—without being able to exclude the possibility of terrible errors and miscalculations. The second assumption is that in today’s global society—as has been the case throughout history—many contrary processes are at work. Thus, regard for only one counter-strategy can have paradoxical, unanticipated consequences.

    This can be clarified using the example of democratization. If a general effort at worldwide democratization was the only counter-strategy against the disinhibition of violence and war, the results would almost certainly be counterproductive, not least because the spreading of democracy might itself be a violent process. A one-sided demand for democratic reform without regard for local conditions might, in individual cases, contribute to the creation of anti-democratic movements. The historical experience bears this out. After the First World War, nearly all of the defeated states underwent an initial process of democratization under the tutelage and supervision of the victors. Yet, almost all ended in authoritarian or even totalitarian regimes.

    Thus, the concept of the democratic warrior is not based on imposing democracy by force, but on limiting war and violence to enable the organic development of democratic self-determination. A differentiated counter-strategy of curbing war and violence in the world, with a view to fostering good governance (as a first step toward democratic governance), is the common element shared by humanitarian intervention and the development of a culture of civil conflict management. To this must be added measures to limit the causes of war and violence, such as poverty, oppression, and ignorance. Last but not least, this new form of containment requires effective restraint not just in the proliferation of weapons of mass destruction, but also of small arms, which continue to kill far more people than any other kind of arms.

    The containment of violence does not mean there will be entirely non-violent societies, much less a non-violent world society, in the foreseeable future. All else aside, the goal of completely eliminating violent conflict would ignore the fact that historically speaking, conflicts and their resolution have often furthered human development toward free and democratic ideals—as per the American struggle for independence and the French Revolution. The primary task of politics in the twenty-first century is therefore to radically limit violence and war so that non-violent structures and the mechanisms of the “social world” can have an impact. In this context, democratic warriors have a unique role to play; not as those who impose democracy by force, but as those who make diverse forms of culturally authentic self-determination possible, by curbing and containing war and violence.

    Conclusion

    It must be repeated, the concept of the democratic warrior appears to be contradictory. Indeed, it combines contradictory value systems in a single concept. Nevertheless, to adopt the metaphor favoured by Clausewitz (Herberg-Rothe 2007), the elements of tension in the democratic warrior’s identity can be conceived as the poles of a magnet, whose mutual opposition is not an illusion but is nevertheless a means to a larger, unitary end. It is what creates the magnet: the north pole of a magnet cannot exist alone. At one end of the continuum of the democratic warrior’s identity lies the values of democratic equality and non-violent conflict resolution; at the other, the realization that force itself may sometimes be necessary to limit war. At one end, is a civilized society, and at the other a subsystem of that same society, whose identity is defined by traditional concepts of honour and martial valour.

    As observed at the beginning of this essay, the bonds that link the two poles of this relationship, without eliminating their opposition, are the classical republican virtues, which lay claim to validity in both spheres. It was Plato who defined the classical virtues as intelligence, justice, fortitude, and temperance, which is also are characteristics in the Confucian tradition (Piper 1998 concerning Plato). Without them, a state can sustain itself only under dictatorship. With them, both external and internal freedoms are possible (Llanque 2008). They are the keys to the democratic warrior’s identity, providing the crucial link between the values of liberal-democratic society and those other values—courage, loyalty, self-sacrifice—that have always set the warrior apart.

     

     

    References

    Bredow, Wilfried von (2000), Demokratie und Streitkräfte (Wiesbaden: VS publishers, 2000).

    Clausewitz, Carl von (1984), On War. Ed. by Peter Paret and Michael Howard (Oxford: OUP).

    Duyvesteyn, Isabelle (2005), Clausewitz and African War (London: Routledge).

    Frevert, Ute (1997), Die kasernierte Nation (Munich: C. H. Beck, 2001).

    Frevert, Ute(ed.), (1997), Militär und Gesellschaft im 19. und 20. Jahrhundert

    (Stuttgart: Klett–Cotta).

    Fukuyama Francis (1992), The End of History and the Last Man (New York: Free Press).

    Herberg-Rothe, Andreas (2007), Clausewitz’s puzzle (Oxford: OUP). Herberg-Rothe, Andreas (2017), Der Krieg. 2.Edition. (Frankfurt:

    Campus).

    Herberg-Rothe, Andreas and Son, Key-young (2019), Order wars and floating balance. How the rising powers are reshaping our world view in the twenty-first century (New York: Routledge).

    Hüppauf, Bernd (1993), “Schlachtenmythen und die Konstruktion des ‘Neuen Menschen’,” in Keiner fühlt sich hier mehr als Mensch . . . : Erlebnis und Wirkung des ersten Weltkrieges, ed. Gerhard Hirschfeld, et al. (Essen: Klartext, 1993).

    Llanque, Marcus (2008) Politische Ideengeschichte. Ein Gewebe politischer Diskurse (Munich: Oldenbourg.

    Kaldor, Mary (1999), New and Old Wars: Organized Violence in a Global Era

    (Stanford: Stanford University Press).

    Kaplan, Robert (1994), “The Coming Anarchy.”In: Atlantic Monthly no.

    273, 44–76.

    Keegan, John (1995), Kultur des Krieges (Berlin: Rowohlt).

    Kuemmel, Gerhard (2005), Streitkräfte im Einsatz: Zur Soziologie militärischer Interventionen (Baden-Baden: Nomos).

    Moran, Daniel (2003), “Arms and the Concert: The Nation in Arms and the Dilemmas of German Liberalism,” in The People in Arms: Military Myth and National Mobilization since the French Revolution, ed. Daniel Moran and Arthur Waldron(Cambridge: Cambridge University Press).

    Münkler, Herfried (2004), The New Wars (New York: Policy). Münkler, Herfried (2007), Empires (Cambridge:Polity Press).

    Pieper, Josef (1998), Das Viergespann—Klugheit, Gerechtigkeit, Tapferkeit, Maß (Munich: Kösel).

    Röhl, Wolfgang (2005), “Soldat sein mit Leib und Seele. Der Kämpfer als existenzielles Leitbild einer Berufsarmee in EinJob wie jeder andere. Zum Selbst- und Berufsverständnis von Soldaten, ed. Sabine Collmer and Gerhard Kümmel (Baden-Baden:Nomos, 2005) 9–21.

    Schlichte, Klaus (2006), “Staatsbildung oder Staatszerfall. Zum Formwandel kriegerischer Gewalt in der Weltgesellschaft,In: ”Politische Vierteljahresschrift 47, no. 4.

    Sikora, Michael (2003), “Der Söldner,” in Grenzverletzer. Figuren politischer Subversion, ed. Eva Horn, Stefan Kaufmann, and Ulrich Bröckling (Berlin: Kulturverlag Kadmos, 2002).

    Thiele, Ralph (2009), “Trendforschung in der Bundeswehr”. In: Zeitschrift für Sicherheits- und Außenpolitik 2, 1–11.

    Walzer, Michael (2003), “Is there an American Empire?” In: Dissent Magazine 1 (2003), URL; http://www.dissentmagazine.org/menutest/archives/2003/fa03/walzer.htm  last accessed 16. 4. 2020.

    Zakaria, Faared (2009), The Post-American World (New York: W. W. Norton).

     

  • Sedition Law: Sensitivity and trepidations of the State

    Sedition Law: Sensitivity and trepidations of the State

    This article was published earlier in moneycontrol.com

    A few activists and intellectuals, some of them octogenarians, are in jail for varied periods having been arrested for sedition. A question being asked since then is: can intellectuals and activists who fight for the rights of the deprived, underprivileged and downtrodden be seditious and subversive? The law of sedition is a remnant from the days of colonial rule in India.

    Should the State feel helpless and orphaned if the law of sedition is to be repealed? The fact that for seven decades and more the State has staunchly held on to this law suggests so

    The (British) colonial administration was constantly apprehensive and on tenterhooks that the ‘natives’ (the dominated subjects) would rebel against it in conduct, speech, or action. Hence, the sedition law was introduced through Clause 113 of the Draft Indian Penal Code in 1837 by Thomas Macaulay.

    The colonialists wanted to guard themselves against any kind of protest. Any activity that was unpalatable to the colonialists was conceived of as ‘treason’ and ‘subversion’. In order to maintain an untrammeled stronghold on the populace, the colonial administration thought it essential to promulgate a sedition law; an overarching law to protect what it thought was its sovereignty and suzerainty.

    Interestingly, in the 1860 Indian Penal Code (IPC) the law of sedition was not included. However, due to an ‘increase’ in ‘revolutionary’ activities and ‘unrest’ on the part of the Indian ‘rebels’, in 1870, the British inserted Section 124A and amended the IPC to include the law.

    Suppression and subjugation through draconian measures were resorted to by the foreign power for its political and economic gains and ends, in a system that was tyrannical, authoritarian, and dictatorial, and ran through its course till 1947

    Though the Constitution of India (with its oft-quoted Preamble) was to come a bit later, India did become a sovereign, socialist, democratic republic when it got rid of the colonial yoke. So, how come the Law of Sedition got carried over into a republic that became a free country and a democratic political entity?

    On the one hand, why the need for a law of sedition in a free, sovereign country. On the other hand, a look at the way sedition is being interpreted currently.

    In 1929, Mahatma Gandhi called sedition a “rape of the word law” and asked the people to go in for a countrywide agitation to demand the repeal of Section 124A. He said, “In my humble opinion, every man has a right to hold any opinion he chooses, and to give effect to it also, so long as, in doing so, he does not use physical violence against anybody.”

    Subsequently, after Independence, during the debate on the first amendment to the Indian Constitution in 1951, then Prime Minister Jawaharlal Nehru, called the law of sedition fundamentally unconstitutional and declared “now so far as I am concerned [Section 124A] is highly objectionable and obnoxious and it should have no place both for practical and historical reasons. The sooner we get rid of it the better.”

    Intriguingly, the Law of Sedition was not repealed, as it should have been, ideally, during the first Parliament session itself; and has been retained during Nehru’s government and subsequent governments too.

    Should the State feel helpless and orphaned if the law of sedition is to be repealed? The fact that for seven decades and more the State has staunchly held on to this law suggests so; more so today as during the last nearly seven years the number of times that the State has resorted to the use of this law is disturbing, to say the least. Besides, the State is arming itself with yet another draconian handle in promulgating the Unlawful Activities (Prevention) Amendment Act (UAPA).

    Was there ever such a low in independent India in terms of lack of tolerance on the part of the State? Any sort of criticism against the government seems to automatically get interpreted as anti-national. This manufactured binary — anti-government equals anti-national — has been the dominant credo ever since the Bharatiya Janata Party (BJP) came to power in 2014.

    In a recent article, Amartya Sen says, ‘The confusion between “anti-government” and “anti-national” is typical of autocratic governance’.

    Intellectuals, opposition leaders, activists in different realms, are all swept into the hold-all like sedition law. Also, international voluntary organisations, as also Indian NGOs, have been targeted and attempts are made to stifle them whenever there has been any criticism of the government, however, legitimate or valid the censure be.

    The government’s actions have prompted UN Human Rights Chief Michelle Bachelet to raise issues of a crackdown on CAA protesters, UAPA, Hathras case, and marching orders given to Amnesty International. New Delhi’s response in its lame defence to the criticism has been: ‘The framing of laws is obviously a sovereign prerogative. Violations of law, however, cannot be condoned under the pretext of human rights.’

     

  • The DNA Bill And State Capacity

    The DNA Bill And State Capacity

    Aristotle suggested that transmission of heredity was essentially the transmission of information. And this information was used to build an organism from scratch inside the female womb. Although the science is primitive, he was right in how information is transmitted from parents to their offspring. Modern genetics is built on studying such information, which has been coded into each cell as DNA. Scientists can now sequence the DNA and extract valuable information about each individual and the human species. They have been able to use such information to understand humans better; for example, the identification of BRCA mutation responsible for cancer has nudged great strides in cancer biology. Another important application which has varied implications in society is the use of DNA in forensics. Although already in use since its discovery in 1995, the exponential rise in the significance of information extracted using DNA Profiling warrants regulation.

    All major nations which use DNA Profiling have legislation in place to regulate the use of the technology. However, in India, the technology is unregulated even though successive governments have worked on such legislation since 2003.

    DNA Technology Bill

    All major nations which use DNA Profiling have legislation in place to regulate the use of the technology. However, in India, the technology is unregulated even though successive governments have worked on such legislation since 2003. If global examples are not enough, the 2017 Puttaswamy judgement has made such legislation necessary. The judgement asserted that privacy is a fundamental right guaranteed by the Indian Constitution and that the right to privacy includes protection over the physical body. Therefore, for the State to collect or store DNA data, a legislative mechanism principled on necessity and proportionality is requisite.

    DNA testing is being done on a very limited scale in India. About 30-40 DNA experts are working in 15-18 laboratories. They can process only about 2-3% of the total need, and even such limited testing is unregulated and unmonitored. According to the NCRB data for 2018, although 85% of rape accused have been charge-sheeted, the conviction rate for rape is just 27.2%. This technology, however, has an excellent record of increasing conviction rates; for example, a 2006 UK parliamentary report suggested that detection of crime increased from a mere 26% to a healthy 40% after they loaded DNA samples into a national database. Apart from crime detection, the technology will also help in the identification of over six million missing persons in India. Thus, legislation facilitating DNA technology to help expedite justice is long overdue.

    The DNA Technology (Use and Application) Bill 2019 is the latest form of the DNA bill and is at the parliamentary committee stage for further deliberations. The bill talks of a national DNA data bank and a DNA regulatory board to store DNA data and regulate DNA technology used in criminal and civil cases. The bill in its current form has raised many concerns including privacy issues concerning the use of DNA data, the ‘perfunctory consent’ clause which makes it hard for an individual to deny permission to collect his/her data, ethical issues in collecting and storing DNA data in DNA banks, the fear of caste-based criminal profiling because of the endogamous nature of Indian society and so on. But the biggest concern is one of state capacity, which in a way umbrellas other concerns.

    The bill in its current form has raised many concerns including privacy issues concerning the use of DNA data, the ‘perfunctory consent’ clause which makes it hard for an individual to deny permission to collect his/her data, ethical issues in collecting and storing DNA data in DNA banks, the fear of caste-based criminal profiling because of the endogamous nature of Indian society and so on.

    Problems with State Capacity

    In young nations like India, the State, although large and bloated, is not highly efficient. This may cause even government interventions with noble intentions to backfire. Therefore, it is necessary to identify places where a lack of state capacity could cause worry for the legislation to work effectively.

    We could sum three basic concerns up from the DNA Technology bill concerning state capacity. First, the high cost of technology and the lack of basic technical training regarding data collection in a crime scene. Second, the backlog burden in the Justice system. And finally, the lack of clarity in the bill as to what is being collected and stored.

    The India Justice Report 2019 published by Tata Trusts reveal important information on the Justice system in India. Over the last five years, only 6.4% of the police force has been provided in-service training. For advanced technology like DNA fingerprinting, frontline police should have basic training and knowledge of the technology. It starts with how to read and deal with the crime scene. And without awareness, the technology cannot be exploited desirably. To go from training 6.4% to at least half the police force will be a herculean task which should be contemplated before implementing the legislation. The DNA bill gives the responsibility of developing training modules to the DNA Regulatory Board, which will be set up. But it does not provide a realistic road map to reach the desired level of training to better use the technology.

    The report also suggests that on average, per capita police spending in 2017 was Rs 820. No big or medium-sized state has spent more than Rupees 1160 per person, and Bihar has spent as low as Rupees 498. Only one state has made 100% use of the modernization funds allocated for capital expenditure and technology up-gradation. But DNA fingerprinting technology is a costly affair. Each test could cost as much as Rupees 10,000. Even if only high-profile cases use DNA tests, a robust database of DNA has to be present for effective identification from the three indices mentioned in the bill. And such collection and storage of DNA samples could become another strain in the public exchequer. The bill also mandates the use of DNA testing for criminal as well as civil cases, which could again flood the system.

    Second, DNA technology could increase the backlog burden of the already burdened system. In the US, with relatively strong state capacity, DNA backlogs are in the thousands. The National Institute of Justice (USA) reports that the current backlog of rape and homicide cases is 350,000. It also estimates that there are ‘between 500,000 to 1 million convicted offenders’ samples that are owed but not yet collected’. The FBI has a backlog of approximately 18,000 convicted offender samples. Therefore, in India with an already strained Justice system, DNA backlogs could cause worry. Also, because of the significance of DNA information, backlogs could also invoke privacy concerns.

    Finally, there is a lack of clarity. This concern, however, is not one of lack of state capacity but one of potential overreach by the State.

    The lack of strong data protection legislation in place couples such concern. As the parliamentary committee suggests, the bill can also be termed ‘premature’ regarding data protection.

    Non-coding DNA is used for identification. The bill, however, does not restrict DNA Profiling to only use non-coding DNA which cannot be used for determining personal and medical characteristics. Given that the bill mandates data from all criminal and civil cases to be stored in the National data bank, concerns of privacy impingement cannot be hushed away. The lack of strong data protection legislation in place couples such concern. As the parliamentary committee suggests, the bill can also be termed ‘premature’ regarding data protection.

    Although the bill is creating a strict code of ethics regarding collection, storage and accessibility of DNA information, it is ambiguous on the removal of data. Clause 31(3) says that DNA data will be removed if a person requested in writing to the DNA bank, given that such a person is ‘neither an offender nor a suspect or an under-trial’ and whose DNA information has entered the bank ‘through crime scene index or missing persons’ index’. But it is not clear on what will happen if they do not remove such data. It is important to answer these questions due to the significance of DNA information and the fact that the bill does not restrict banks to store only non-coding DNA. Also, these questions could raise concerns about state capacity in safeguarding important data of its citizens.

    Conclusion

    To address these concerns, building state capacity is the key. A staggered implementation of DNA technology could help in building capacity and credibility for the technology. For example, if the bill provides a roadmap of implementation- say, starting with addressing the identification of missing persons and further developing capacity for criminal and civil investigation, the allocation of resources could be streamlined. This limited implementation could also help in addressing additional issues that could arise during implementation. These details cannot be let out to be decided by a regulatory body because of the importance of DNA data and the breach of fundamental rights in collecting and storing it.

    It is said that one has to cross the river by feeling the stones. The stable rule of law and a robust data protection regime which will make sure the technology is used judicially are basic requisites for technology with societal implications. Even though DNA profiling has huge potential to expedite justice, implementation of such complex technology has to be step by step. The Parliamentary Committee on Science and Technology has been scrutinizing the bill rigorously, contemplating the varied problems that might befall the implementation of the bill. But it remains to be seen if the government will heed to such advice and not dismiss them altogether; that is if it will feel the stones or deep dive into the river without contemplating the consequences.

    Image Credit: DNA Helix Material – Gerd Altmann from Pixabay

  • Poverty, Inequality, and Marginalisation as Forms of Structural Violence in Pre-Conflict Syria

    Poverty, Inequality, and Marginalisation as Forms of Structural Violence in Pre-Conflict Syria

    The injustice and inequality built into the structural institutions of the Syrian society can be referred to, what has been called as the ‘structural violence’, by the well-known Norwegian sociologist, Johan Galtung.  

    The ongoing civil war in Syria that has resulted in large-scale loss of lives, and forced displacement of millions across the region, is being seen as one of the bloodiest conflicts of this century. While countries continue to witness the horrors of visible atrocities and war crimes, the underlying layers of structural and cultural violence continue to buttress the egregious brutality which is often more direct, and physical.

     

    Although the war is often seen as a result of the outburst of pro-democracy protests in 2011, a close examination of the country’s socio-economic structures would enable one to get a detailed insight into the underlying layers of frustration caused due to large-scale poverty, inequality, and marginalisation. One would also find that the relatively peaceful structure, which existed before the protests of 2011, was held intact largely due to the existence of single-party dominance, where one actor (Hafez al-Assad, and later Bashar al-Assad) held all power and authority, while those existing in lower ranks of society continued to lack resources, as well as opportunities to challenge the dominant power.

    The Syrian economic crisis has existed long before the commencement of the civil war.

    The injustice and inequality built into the structural institutions of the Syrian society can be referred to, what has been called as the ‘structural violence’, by the well-known Norwegian sociologist, Johan Galtung.  The violence, here, is reflective of a position “higher up or lower down in a hierarchy of exploitation-repression-alienation”, where the parties involved are determined either to keep the hierarchy intact or to completely obliterate it. In the case of Syria, the deprivation of the most basic and non-negotiable needs, which threatened the citizens’ need for survival, has been the primary cause for aggression to come into existence. The factors that, thus, led to the conflict in Syria can be seen rooted in years of repression, poverty, and lack of representative institutions, which manifested in the form of protests, or the Arab Spring of 2011.

    The Syrian economic crisis has existed long before the commencement of the civil war. Since the beginning of the economic crisis, Syria’s institutional structures have failed to meet the rising needs and rights of its population. In the 1980s, the country was trapped in a downward spiral of a fiscal crisis, as a result of large-scale drought, and due to both, domestic and external factors. The crisis led to high food deficit, and an increase in the cost of living, leading to a rise in patronage networks which provided small circles of elites with profitable businesses. These networks became increasingly popular in real estate and land management, leaving out large sectors of Syria underdeveloped.

    While the country witnessed a decreasing overall debt and a noticeable rise in the GDP in the 2000s, large sections of the population were excluded from benefitting from these growth rates due to differences in wage rates and declining job opportunities. Increasing inequality was reflected in a paper published by the UNDP, which claimed that 65.6% of all labour in Syria belonged to the informal sector in 2010, with Aleppo and Idlib ranking first with over 75% of their workforce belonging to the informal sector. Further, the four years of drought between 2006 and 2011, and the consequent failed economic policies led to a significant decline in the agricultural sector’s output, forcing 2 million to 3 million Syrians into abject poverty.

    Additionally, the oil revenues fell from more than 14% of GDP in the early 2000s to about 4% in 2010 due to depleting reserves. According to a report, overall poverty in Syria in 2007 impacted 33.6% of the population, of which 12.3% were estimated to be living under extreme poverty. Noting the degree of inequality in Syria in 1997, the report found out that the lower 20% of the population had a share of only 8% in expenditure, while the richest 20% of the population share about 41% of the expenditure. The degree of inequality further decreased in 2004. Moreover, the widely disputed region of North-Eastern Syria witnessed highest levels of inequality in 2007, in addition to deprivation of living standards, and worst levels of illiteracy, and access to safe water, just four years before the outbreak of the civil war. The unequal access to resources was also starkly reflected in the housing situation of the country before the war, where over 40% of the population lived under informal housing conditions, – through squatting, or on lands obtained without legal contracts.

    In addition to the economic crisis, Syrians have been the victims of decades-long political repression, in the form of restrictions on freedom of expression, torture, and enforced disappearances. The political institutions have historically been unstable, with three military coups taking place in 1949 alone, followed by one more in 1954, in addition to the Ba’athist-led coups of 1963 and 1966. The Syrian security forces (Mukhabarat) are known to have detained citizens without proper warrants even before 2010, many of whom have reportedly been tortured in prisons. In their attempts to keep the hierarchy of power relations intact, the centralised institutions are known to clamp down on any public demonstrations, with frequent arrests and employment of state violence.

    The conflict which started with citizens demanding their basic needs and rights has been sustained over the years by the involvement of foreign states, and increased state brutality which has been responded to by an increasingly similar, if not equal, force by the rebellion groups.

    Years of conflict have exacerbated the economic crisis, pushing both the state and its citizens, into chaos, with more than 80 per cent of the Syrian population living below the poverty line, with an unemployment rate of at least 55 per cent in 2018. With most of the business networks now being controlled by the selected few elites, the population at large continues to suffer the brunt of both structural, and direct violence.

    The conflict which started with citizens demanding their basic needs and rights has been sustained over the years by the involvement of foreign states, and increased state brutality which has been responded to by an increasingly similar, if not equal, force by the rebellion groups. The country, now, witnesses itself entangled in a cycle of conflict, where the war has led to steep economic deterioration, political repression, and physical violence, which in turn has led to further widespread cataclysm.

    Image Credit: Photo – Aleppo-Syria destruction in 2019 and  Syria Map – Adobe Stock

  • India Meets Myanmar at a Bustling Bazaar in Chennai

    India Meets Myanmar at a Bustling Bazaar in Chennai

    Category : Heritage, Culture & Civilisation

    Title : India Meets Myanmar at a Bustling Bazaar in Chennai

    Author : Yamuna Matheswaran 12-03-2020

    Refugee/Migrant issues have plagued countries both in their domestic governance and international relations. While nations gain immensely from migrants’ contribution, governments and politicians do not hesitate to throw them out when their utility is more relevant or they become the scapegoat of their politics. Indians have migrated to various lands in search of employment, trade, and better prospects as entrepreneurs. Tamils have travelled to Burma and many other countries through trade over millenniums. In recent times Tamils and other Indian migration happened during the British Raj. Indians in Burma – primarily Tamils hailing from Tamil Nadu, but also Bengalis, Telugus, and other groups – worked as farmers, civil servants, traders, moneylenders, day labourers, and security personnel. Their world came crashing down in 1962 when military dictator Ne Win seized power and stripped ethnic minorities of their businesses, land, and claims to citizenship leading to an exodus of refugees to India, mostly Tamils. Yamuna Matheswaran revisits the Burmese refugees in Chennai and its issues 50 years down the line.


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  • An unmitigated disaster

    An unmitigated disaster

    Category : Democracy & Governance/Governance, Law & Order

    Title : An Unmitigated Disaster

    Author : Deepak Sinha 04.03.2020

    The ill-conceived CAA act and the fears induced by it and the issues of National Population Register have led to nation-wide protests. The resultant police actions at various places culminated in the Delhi violence and police inaction that has given rise to world-wide condemnation. That it coincided with US President Trump’s visit should be even more worrisome for the government. Deepak Sinha analyses the issue in his Op-Ed.

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  • The Demand for Gondwana: India’s Adivasi Homeland

    The Demand for Gondwana: India’s Adivasi Homeland

    Mohan Guruswamy December 03, 2017

     The scion of the former Gond kings of Chandagarh or Chandrapur now in Maharashtra, Birshah Atram was recently visiting the Gond homelands in the former composite Adilabad district to meet his kinsmen in the various garhi’s in the region. Birshah Atram is descended from a line that was established in Chandrapur in the 13th century by Kandakya Balal Sah. The Gond kings ruled till 1751 when the British annexed it after the Raja of Nagpur died childless. Birshah who holds two PhD’s in English and Ancient Indian History has for long been seeking a solution to the vexed Adivasi problem, that has also morphed into the Telugu led Naxalite rebellion that enables the Central and State governments to turn it into a law and order issue, by highlighting the grievances of the Adivasi people. He believes that the Central Government needs to implement the constitutional provisions and promises made in the Constituent Assembly by recognizing Gondi language and self-rule for the Gond people by carving out a Gondwana state of the Gond homelands in Maharashtra, Madhya Pradesh, Andhra Pradesh and Chhattisgarh.

    There is a vast and mostly forested region spanning almost the entire midriff of India from Orissa to Gujarat, lying between the westbound Narmada and eastbound Godavari, bounded by many mountain ranges like the Vindhya, Satpura, Mahadeo, Meykul, and Abujhmar, that was once the main home of the Adivasi. The late Professor Nihar Ranjan Ray, one of our most distinguished historians, described the central IndianAdivasis as “the original autochthonous people of India” meaning that their presence in India pre-dated by far the Dravidians, the Aryans and whoever else settled in this country. The anthropologist Dr. Verrier Elwin states this more emphatically when he wrote: “These are the real swadeshi products of India, in whose presence all others are foreign. These are ancient people with moral rights and claims thousands of years old. They were here first and should come first in our regard.”

    Unfortunately like indigenous people all over the world, the India’sAdivasis too have been savaged and ravaged by later people claiming to be more “civilized”. They still account for almost 8% of India’s population and are easily it’s most deprived and oppressed section. Though this is the home of many tribal groups, the largest tribal group, the Gonds, dominated the region. The earliest Gond kingdom appears to date from the 10th century and the Gond Rajas were able to maintain a relatively independent existence until the 18th century, although they were compelled to offer nominal allegiance to the Mughal Empire.

     The great historian Sir Jadunath Sarkar records: “In the sixteenth and seventeenth century much of the modern Central Provinces (today’s MP) were under the sway of aboriginal Gond chiefs and was known under the name of Gondwana. A Mughal invasion and the sack of the capital had crippled the great Gond kingdom of Garh-Mandla in Akbar’s reign and later by Bundela encroachments from the north. But in the middle of the seventeenth century another Gond kingdom with its capital at Deogarh, rose to greatness, and extended its sway over the districts of Betul, Chindwara, and Nagpur, and portions of Seoni, Bhandara and Balaghat. In the southern part of Gondwana stood the town of Chanda, the seat of the third Gond dynasty and hereditary foe and rival of the Raja of Deogarh.” But the glory of Deogarh departed when the Maratha ruler of Nagpur annexed Deogarh after the death of Chand Sultan.

    Incidentally the Gond ruler of Deogarh, Bakht Buland, founded the city of Nagpur. Jadunath Sarkar writes about him thus: “He lived to extend the area, power and prosperity of his kingdom very largely and to give the greatest trouble to Aurangzeb in the last years of his reign.” In fact the one big reason Aurangzeb could not deploy all his power against Shivaji was because the Gond kings were constantly at war with the Mughals and kept interdicting the lines from the Deccan to Agra. But of course the history of modern India is not generous to them.

    During the British days this region constituted much of the Central Provinces of India later to become Madhya Pradesh. This is the main home of about sixteen million Gond people who are India’s largest single tribal grouping. The Gonds are now a culturally and linguistically heterogeneous people having attained much cultural uniformity with the dominant linguistic influences of their region. Thus, the Gonds of the eastern and northwestern Madhya Pradesh region that now includes the new state of Chhattisgarh speak Chhattisgarhi and western Hindi. But the Gonds of Bastar, which is at the southeastern end of this vast region and a part of Chhattisgarh, are different in this respect. Though there are many tribal groups like the Halbas, Bhatras, Parjas and Dorlas, the Maria and Bison Horned Gonds are the most numerous. The language spoken by them, like that of the Koyas of AP is an intermediate Dravidian language closer to Telugu and Kannada.

    The process of Hinduization combined with Hindi culture has reduced the egalitarian Koitur to the bottom of the social strata. Dr. Kalyan Kumar Chakravarthy, Director of the Indira Gandhi Rashtriya Manav Sangrahalaya, Bhopal has written eloquently and cogently on this in his concluding chapter “Extinction or Adaptation of the Gonds” in the book “Tribal Identity in India” also edited by him. The real enemy of theAdivasi is the creeping Hinduization with all its attendant values and exclusionary practices, seems to me a good start to the process of saving its tribal society from extinction. All over the rest of India’s central highlands our policies by forcing the Adivasis to merge their identities with that of the encroaching culture have crushed them into a becoming a feeble and self-pitying underclass.

    Clearly there are two distinct reasons for the present unrest in the Adivasihomelands of India. The first and probably the more important one is the struggle for identity against the creeping Hinduization or de-culturization of Adivasi society. Adivasi society was built on a foundation of equality. People were given respect and status according to their contribution to social needs but only while they were performing that particular function. Such a value-system was sustainable as long as the Adivasi community was non-acquisitive and all the products of society were shared. Adivasisociety has been under constant pressure as the money economy grew and made traditional forms of barter less difficult to sustain.

    The Fifth and Sixth Schedules under Article 244 of the Indian Constitution in 1950 provided for self-governance in specified tribal majority areas. In 1999 the Government of India even issued a draft National Policy on Tribals to address the developmental needs of tribal people. Special emphasis was laid on education, forestry, healthcare, languages, resettlement and land rights. The draft was meant to be circulated between MP’s, MLA’s and Civil Society groups. A Cabinet Committee on Tribal Affairs was meant to constantly review the policy. Little has happened since. The draft policy is still a draft, which means there is no policy.

    Even before Independence on December 16 1946, welcoming the Objectives Resolution in the Constituent Assembly, the legendary Adivasileader Jaipal Singh stated the tribal case and apprehensions explicitly. He said: “Sir, if there is any group of Indian people that has been shabbily treated it is my people. They have been disgracefully treated, neglected for the last 6,000 years. …The whole history of my people is one of continuous exploitation and dispossession by the non-aboriginals of India punctuated by rebellions and disorder, and yet I take Pandit Jawahar Lal Nehru at his word. I take you all at your word that now we are going to start a new chapter, a new chapter of independent India where there is equality of opportunity, where no one would be neglected.”

    The Adivasi’s paid dearly for taking Jawaharlal Nehru and the Constituent Assembly at their word.

    Shri Mohan Guruswamy is a former Rajya Sabha MP and a political commentator. He is a Trustee of TPF.

    This article was published earlier in ‘The Citizen’.