The Peninsula Foundation

Category: Politics & Society

  • When Democracy is not Enough?

    When Democracy is not Enough?

    This Op-Ed was published earlier in ‘The Tribune’.

    If we do not stand up and reclaim the space we have conceded to criminals and other low-life who now sit in judgment over us, it will be our children who will pay the price in the coming years.

    The Preamble to the Constitution of India clearly states that India is a sovereign, socialist, secular, democratic republic. But as the ongoing public discourse of our political masters clearly shows, we are more a democracy and less a republic. We may not truly be aware of the subtle difference between the two or even be bothered to give this aspect much thought. But make no mistake, if we are to progress and develop as a nation, we cannot do without either. History tells us that the term ‘democracy’ originated from the Greek words ‘demos’, the common people, and ‘kratos’ or strength. The first democracy was the city of Athens in 508-507 BC where Cleisthenes, known as the father of Athenian democracy, introduced the concept of rule by the common people. However, representational democracy, as we know it today, is very different from what was practised then and is today defined by its one major characteristic “rule of the majority”, which can easily devolve into mob rule or tyranny of the majority, or even worse, anarchy.

    Benjamin Franklin once said: “Democracy is two wolves and a lamb voting on what to have for lunch.” The only thing that keeps the lamb off the lunch menu is the fact that we are a republic — not a perfect one but still one nonetheless. What that basically implies is that the country is not a private concern of the rulers but is considered a “public matter” and belongs to each one of us regardless of caste, creed, gender or ethnicity. While this obviously demands that our rulers are elected and not inherited, as quite a few tends to be, more importantly, it requires them to rule for the common good, an aspect of governance on which philosophers, such as Plato and Aristotle, wrote volumes. This is, of course, only possible when there are a set of laws and those elected as leaders follow them both in letter and spirit.

    Unfortunately over the past few decades, common good seems to be ignored in the face of parochial and self-serving interests of our leaders, as the rule of law is often ignored or rendered irrelevant. It is no wonder then that our legislatives at the Centre and States have a surfeit of members facing criminal charges — 1,765 MPs and MLAs at last count, or 36 per cent facing over 3,500 cases as per the Government; though some contend the numbers are vastly understated.

    While the Supreme Court may well view the entry of criminals into legislative bodies as akin to “termite to the citadel of democracy,” it cannot make laws to keep them out. That, the court said, is the domain of Parliament, an institution that is yet to show a firmness of resolve to stem the rot. Ironically, it is the actions of the apex court itself which gave a fillip to criminals joining politics with its farcical ruling in the infamous JMM bribery case, involving the bribing of MPs to defeat a no-confidence motion brought against the then Prime Minister PV Narasimha Rao’s Government way back in 1993. These allegedly corrupt MPs were unashamed and blatant enough to openly deposit the bribe money in a public sector bank. They were subsequently prosecuted under the Prevention of Corruption Act but were absolved by the Supreme Court’s interpretation of Article 105 of the Constitution. This Article states that (1) MPs shall enjoy freedom of speech in Parliament and (2) shall not be held liable to any proceedings in any court in respect of anything said or any vote given in Parliament.

    The court held that the alleged bribe-takers, who had voted in the House, were “entitled to the immunity conferred by Article 105(2)”. It also went on to direct that the bribe-givers must be prosecuted, as also the bribe-takers who did not vote. Certainly, a unique legal justification for the concept of honour among thieves.

    The apex court has now attempted to correct the existing state of affairs by directing the Government to set up 12 fast-track special courts to try cases against the legislators.

    In addition, it has also directed all political parties, which give tickets to persons with criminal cases pending against them, to publicise the information on the party websites, apart from issuing a declaration in “widely circulated” newspapers and on electronic media after the nomination is filed.

    However, there is little doubt left that the “centre of gravity” seems to have shifted in favour of the criminal legislators and they seem to have become indispensable to parties for grabbing power. The sad truth is that actions taken by the Supreme Court now are of little consequence, nothing more than closing the barn door after the horse has bolted.

    While regular and reasonably fair elections have ensured that we continue to enjoy the fruits of a vibrant democracy, the same cannot be said for the state of our Republic. The gradual decline of values and the rule of law have ensured that the common good is of little concern to our political class who are quite happy with the status quo. Neither the judiciary nor the bureaucrats can bring about change for the better that is required. It is, therefore, left to the common citizen to act. If we do not stand up and reclaim the space, we have conceded to criminals and other low-life who now sit in judgment over us. It will be our children who will pay the price in the coming years.

     

    The writer is a military veteran, a Consultant with the Observer Research Foundation and Visiting Senior Fellow with The Peninsula Foundation, Chennai. The views expressed are the author’s own.

  • Changing Paradigms of Political Canvas in Sri Lanka

    Changing Paradigms of Political Canvas in Sri Lanka

    The intransigent ethno-political emotional divide amongst the Sri Lankan society of 1980s manifested into a bloodiest insurgency with the Tamil separatists almost succeeding in carving out a separate Tamil Elam in the North and Eastern regions of the island nation. The political divide at that juncture was result of a racial cleavage between the Sinhala majority and oppressed Tamil minority which prompted the later to rebel in the face of socio-economic denials of all kinds.

    It was India who came to rescue of the Sri Lankan government of the day in 1987 to ensure territorial integrity of the country even at the cost of negative political repercussions within India. The India had to pay the price of this political outreach to Sri Lanka with life of Rajiv Gandhi, the prime minister who went out of way to help them in their hour of crisis. The deeply indebted Sinhala dominated Sri Lanka of 80s seem to be chartering a different trajectory now with self serving opportunist afflictions due to inducements of easy money from extra regional players, especially China.

    While encashing the apparent Chinese benevolence, the gullible Sri Lankan politicians seem to have ignored the basic dictum that ‘there are no free lunches’ in this world. And the slip is showing wherein the Sri Lankan political dispensation seems to have compromised on their territorial integrity by leasing out Habantota port and 15000 acres of land in lieu of repayment of Chinese loans. A precedence has been set for more such sovereign compromises in times to come for which India had fought a bloody battle against their own co ethnic insurgents.

    The motive of the ongoing political drama appears to be focused on facilitating the Chinese cause even if it amounts to tempering with the constitutional jurisprudence. Indeed, there is a paradigm shift in political thinking with its doctrine of development through Chinese support which has obvious inherent centrifugal tendencies as against focus on internal economic consolidation. Instead of reclaiming the lost politico-economic ground to China post Habantota episode, a major part of Sri Lankan polity seem to be under compulsion to toe the Chinese lines due to debt diplomacy so cleverly orchestrated by the Chinese.

    The close scrutiny of Sri Lankan political conduct in the past hinges on the non accommodation of rival ethnic, social or political groups within the Sri Lankan society which seem to continue even today in some form or other. Earlier it was based on ethnic rivalry between Sinhala and Tamils, and now it is intra Sinhala dispensation vying for more political and money power in a political set up with opportunist tendencies. Despite a vibrant democratic political dispensation to take care of well being of its subjects, the island nation has witnessed spells of changing political priorities and concomitant societal upheavals in the recent times. The military driven turbulent ethno- political complexion of 80s gave way to consolidation of socio-political synergies alongside resolving the internal security issues for almost three decades.

    Subsequently, in the aftermath of subjugation of Tamil insurgency in 2009, the priorities changed to the much needed economic development of the nation. However, the tourist predominant economy had woeful inadequacies of infrastructure and public conveniences to tap the potential of the nation at par with other international tourist destinations close by. To do that, there was no money due to prolonged war effort which in turn prompted Sri Lankan polity to look outwards paving way for externally influenced politico-economic opportunism.

    Chinese concept of BRI suited both China as well as the Sri Lanka as a mutually beneficial mechanism to take care of each other’s interests. The BRI concept envisages development of communication and transportation net work, industrial and power corridors as part of Chinese grand game for their global economic expansion. As far as China is concerned all the countries in the Indian Ocean are important for Chinese geo political matrix as a response mechanism for the security of her economic interests. Chinese conduct when hyphenated with their ‘’String of Pearls in the Indian Ocean’’, and their defiant politico-military stance in the South China Sea speaks of their seriousness and sensitivities of their interest in the Indo Pacific region. Sri Lanka happens to be in a pivotal position to serve the Chinese geo political interests.

    In the given circumstances, close affiliation with the China is a win -win situation for Sri Lanka for their economic buoyancy and a politically strong anchor to stand by their side in the time of crisis. However, there are also apprehensions of negative fallouts of new found political bonhomie with an outsider with prospects of disturbing existing stable regional political equilibrium fully aligned with socio- cultural emotional bind of Indian legacy. Accordingly, there is an emerging pattern of an internal political divide amongst Sri Lankan parties and individuals believing in encashing the pragmatic opportunism as against continuation of stability through India centric regional cohesiveness.

    The Mahindra Rajpaksha during his premiership was given loans worth $ 6 billion for various infrastructural projects including Hambantota port. Later the dept trap diplomacy of China got highlighted in their demand of ownership of the port plus land adjacent to it. It, surely, has exposed the dubious ways of China which has prompted number of recipients of Chinese benevolence to revisit their commitments with them as regards to BRI scheme. Sri Lankan civil society is ceased with this Chinese conduct and there is a resistance to encouraging Chinese intrusion into Sri Lankan affairs beyond a point.

    The opponent Ranil Wickremasinghe, is known to be a proponent of the Indian lobby who had, recently , cancelled housing project of more than 50,000 houses in North and Eastern Tamil areas given earlier to China in favour of Indian companies. The Rajapaksha was brought back as the prime minister by the president through an untenable political move leaving the country in a political chaos. The parliament was dissolved paving way for fresh elections. However, the Supreme Court ruled against this unconstitutional move by the president. It was probably done as Rajapakshe, like his previous tenure, would facilitate better relationship with the China looking at their current political compulsions and national interests.

    What is happening in the Sri Lankan political canvas seem to have imprints of pro India vs pro China lobbies. The fact that there is an outstanding loan of almost $ 5 billion despite handing over the Hambantota port to them, China may be pulling the strings to bring in a political dispensation favourable to them to do their bidding. The way the democratic norms are being flouted do indicate a desperate situation precipitated by the looming economic catastrophe waiting to happen.

    The military geography of Sri Lanka has bestowed her with a unique location to take care of the most vulnerable security concerns of China with 70% of trade and 90% of energy supplies passing through the Indian Ocean. Therefore, it is obvious that China is here to stay as a permanent feature and to do that they seem to have acquired a substantial political space in the Sri Lanka. Whereas, the Sri Lanka seem to have lost out on her autonomy to some extent as there is a probability of China dictating their terms when they find the policies are not in sync with Chinese interests.

    The likely Chinese naval presence at Hambantota port barely few hundred miles from Indian shores is a security concern for India. The Chinese politico-military afflictions in Sri Lanka is likely to prompt the western powers also to further enhance their military presence closer to the Indian shores. It, obviously, would impact the Indian security matrix with the extra regional players milling around in the areas of Indian influence all this time. The new nomenclature of ‘Indo Pacific ‘ referring to erstwhile IOR and Asia Pacific is manifestation new US maritime doctrine as a response mechanism to Chinese geo political expansion. The increase in the US sponsored military diplomacy in the region and revival of Quad are all indicative of new global strategic grand games being unfolded closer to the Indian shores.

    India has no choice but to upgrade her military capabilities to take care of the inimical developments around her periphery both on land as well as maritime domain. It warrants looking beyond defensive doctrines and acquire offensive capabilities for optimum power projection in the areas of concern, besides defence of the island territories and international maritime obligations. Given the distances from the main land and bottle necks for shipping, China would always be militarily vulnerable in the Indian Ocean. It stands to an advantage for India which need to be factored in the design of the military doctrine and its political strategic outreach.

    The Sri Lanka needs to recall that they stand integrated today due to unflinching support by India in their hour of crisis and sacrifices made by the Indian soldiers to hold their country together. They should also appreciate that the India continues to be the stabilizing factor for Sri Lanka and a friend in need. China on other hand is here to exploit the Sri Lankan geographical space for their geo political motives sans any benevolent emotional connect. In fact, China has already usurped their strategically located land through their manipulative ways. If the Sri Lankan polity has not understood their game plan then they should be prepared for more such disintegrating moves as part of their dubious debt diplomacy. The Sri Lanka is in economic crisis and stands vulnerable which is reflective in their recent political conduct. In that, there seem to be tell tale signs of Chinese complicity in the ongoing happenings in the Sri Lankan political space which is not a good news.

    India, obviously, has not been pro active enough to sense the aspirations of her neighbours and propensity of China to exploit the political deficit on the strength of her deep pockets and liberal military outreach. The Sri Lanka has a great significance for Indian security and we need to take all the possible measures to neutralize the Chinese foot prints in the island nation. India fortunately has a large influence in the Sri Lankan society and reckonable political leverages which needs to be nurtured and exploited in our national interests. India as a responsible regional country need to go all out to extend a helping hand to Sri Lanka in her testing times as their political stability is essential to the Indian strategic interests.

    Lt Gen Rameshwar Yadav is an Indian Army veteran and former Director General, Infantry. The views expressed are his own. This article was published earlier in https://cenjows.gov.in/article-detail?id=122

  • Avoiding the Ideology trap: Learning from History

    Avoiding the Ideology trap: Learning from History

    Deepak Sinha                                                                                       November 23, 2018: Commentary

    Alexandre Dumas once wrote that “all generalizations are dangerous, even this one.” While there is much wisdom in his words, there are also circumstances when sweeping generalizations are not only unavoidable, but also simply reflect the truth. The widespread prevalence of social media and 24 x 7 news channels have empowered individuals by ensuring that not only is information, analysis and opinion available at the click of a button but also that his or her voice is heard, sometimes with telling effect, as the ongoing ‘#MeToo’ movement has shown, both in India and abroad. While empowerment of the individual is a positive development for our democracy, it has also upended governance structures, as it allows unelected individuals and groups to stall progress or any attempt to change the status quo.

    Moreover, unprincipled and unaccountable elements have used such channels to spread vicious lies and propaganda that allows them to organize and indulge in bullying, intimidation and even violence to achieve their own nefarious ends. Political parties too have seen this as a useful tool to dominate the public narrative and occupy mind space. A perfect example is what we were witness to in Gujarat recently where large number of innocent labourers from Bihar and Uttar Pradesh were threatened with violence and hounded out, ostensibly by a local politician, because of an alleged heinous criminal act on the part of one unidentified individual.

    While what we saw in Gujarat was at the extreme end of the spectrum, and was clearly criminal in nature, a more insidious and harmful impact of social media is the constant attempt to question and vilify decision makers and leaders, without necessarily being fully aware of all the facts. Such criticism, apart from creating fissures and uncertainty within an organization, also tends to severely constrain leaders from taking initiatives that fall within their ambit and are necessary if progress is to be made.

    Interestingly, one group who appear to be the torch bearers at the forefront of this “criticism tsunami”, if one can call it that, are military veterans. There are those among them who are extremely critical of the manner in which this government has treated the Armed Forces, with some justification one may add, and are appalled by the seeming subservience of the top brass. There are also those, in fairly substantial numbers, who tend to be extremely conservative in their outlook and view all issues through the prism of nationalism and, for all intents and purposes, are allied to the present governments’ ultra- nationalistic plank. Indeed, there are many among them who have taken the plunge into politics and are members of the BJP, with one former Chief reportedly having even joined the RSS. When you add to this the fact that our adversaries spare no effort at feeding misinformation aimed at polarizing the military community and civil society, there is little doubt that the military finds itself a veritable minefield of clashing ideologies and attitudes through which it has to tread exceedingly cautiously.

    To be fair, much of the criticism against the Forces has been brought on by patently silly attempts of those at the helm to grab headlines and credit to inveigle themselves into the good books of the governing dispension, probably in the hope of post- retirement sinecures. This is not something new, though what differentiates it from earlier times is this governments’ ill-concealed and voracious appetite to take advantage of these officers to politicize much of what the military does in the hope of deriving advantage against its political opponents. Sadly, it has also got into the habit of appropriating military infrastructure for use by the public to win votes, without bothering about the impact of such a step on the military. For example, while military veterans are barred from using military hospitals except in some circumstances, and are therefore covered by the Ex Servicemen Health Scheme, the Government has recently permitted all those covered by CGHS to utilize facilities at Service Hospitals. With an additional 50 Crores personnel to be catered for where will all serving personnel and their dependents go?

    The recent celebration of “Parakram Parv”, a three day commemoration of the cross-border punitive strikes in retaliation to the terror attack against the Uri military camp in which 17 soldiers were killed and scores injured, is another recent example. Without downplaying the significance of the cross-border strikes, probably a far more appropriate manner of honouring the forces, if the Prime Minister indeed genuinely appreciates their contribution, would have been for him to have taken the initiative to get back home the fifty four soldiers still held as Prisoners of War by Pakistan since the 1971 Indo-Pak War. Their continued incarceration, with no attempts by successive governments or civil society for their release, is a matter of national shame that reflects poorly on each and every one of us.

    This brings us to the elephant in the room that must be seen for what it is. It is well known fact that our military’s exemplary record of remaining apolitical is what differentiates it from all other militaries in the region. Individual ideologies and beliefs just have no place in the military’s firmament and politicians of all persuasions have been kept at arms- length, though one must also admit that most political parties have reciprocated similarly and kept their distance from the military as well. Unfortunately, the unsubtle attempt by the current dispensation to foist its ideology amongst the military rank and file, attempting to use “deep selection” among the higher ranks and indirectly through the veteran community that is enamoured of its ultra – nationalistic agenda, and all that it implies, appears to be showing nascent signs of putting down roots. This is an extremely dangerous trend that needs to be dealt with ruthlessly if we are to maintain our military’s neutrality and inclusive character. It seems the time has now come for including a provision within the Service Rules for an appropriate “cooling off” period before any soldier can join either a political party or involve himself in politics. This is particularly so for those leaving in the higher ranks.

    The unedifying manner in which this government has dealt with the Armed Forces over the past four years, whether it be in its dealings with veterans or its refusal to adhere to long standing norms, customs and traditions, has led to increasing antipathy among the rank and file that is clearly reflected in some of their actions that have embarrassed the senior hierarchy and the MOD and shown them in poor light. Seven hundred personnel individually petitioning the Supreme Court on their apprehensions of being victimized while deployed in operations, serving officers publicly criticizing policy directions issued by Army Headquarters on social media and the non-implementation of policy directions issued by the MOD, as has happened in nearly all military cantonments with regard to providing open access to the public, are examples that should be cause for worry. All of this has adversely affected morale, which can also be gauged from the most telling example of an officer having reportedly applied for premature retirement on grounds that his conditions of service have been violated by the down- gradation of the military. That his application was rejected is no cause for optimism.

    The situation is hardly likely to improve given the reported fact that the government is once again attempting, surreptitiously and without appropriate consultation with the military leadership, to look for a method by which it can prevent the Cantonment Boards from taking back bungalows from their present owners on expiry of the 99 year lease period, as required vide the Cantonment Act 2006. One reported solution being considered is to replace the ex officio appointment of the Local Military Authority as President of the Cantonment Board by an elected representative to supposedly further its “democratization” A move that would be violative of the Cantonment Board Act, not that such statutory provisions have stopped it before, especially keeping in mind that some extremely influential people have obtained ownership of these leased bungalows.

    Finally, it should be a matter of great concern that amongst a host of other issues, the Service Chiefs have also quietly acquiesced to the appointment of Mr. Doval, the National Security Advisor, as the de-facto Commander-in-Chief, despite lacking both the constitutional authority and the credentials to hold such an appointment. The irony cannot be missed given that the Services themselves seem reluctant to accept the appointment of a Chief of Defence Staff fearing loss of power.

    By conceding their authority the Chiefs have placed the Services in a very tenuous position which can impact their professional standing and functioning in the future. They would do well to study the case of the German Armed Forces, the Reichswehr, formed post the First World War, as an apolitical and professional force. However it rapidly deteriorated after it was ideologically suborned and converted into the Wehrmacht, the unified armed forces of Nazi Germany. This happened largely in part due to the acquiescence of the High Command to orders that were wholly unconstitutional and undemocratic and partly due to the fierce loyalty of some to Nazi ideology. Our hierarchy must not let themselves be lulled into a state of complacency but hold firm on retaining customs and traditions that have allowed our military to occupy the preeminent position that it does in the hearts and minds of our citizens.

    This article was published earlier in Times of India.

    Brigadier Deepak Sinha is a Visiting Senior Fellow at TPF. The views expressed are his own.

  • Governance

    Governance

    My dog Charlie is long gone. But Charlie, who was a brown “Great indian Mongrel”, was wise in the ways of the world. He taught me a lesson in public policy I will never forget.

    Corruption is India’s favorite conversation topic. We love discussing it and bemoaning its all pervasiveness. We are experts at it and have all experienced it at in some form or the other and at all levels. Yet with so much collective experience it is a difficult topic to write about. Like our gods it takes so many myriad forms. It defies a simple definition. But we all know what it is. What Justice Potter Stewart of the US| Supreme Court said in the context of obscenity – “I know it when I see it”- is equally applicable to corruption. It is the most obscene of obscenities but is a fairly common one.

    Economists prefer to bandy about a different term when referring to corruption. They call it “economic rent”. According to the IMF “it is the extra amount paid (over what would have been paid for the best alternative use) to somebody or for something useful whose supply is limited either by nature or through human ingenuity.” Quite clearly this definition excludes the moral dimension. But then our problems get even more compounded when we realize that the moral dimension is very elastic and varies.

    Take for instance the case of former Prime Minister Manmohan Singh. As far as the Rajya Sabha is concerned, he is a tenant of Mrs Hiteshwar Saikia and is a resident of Guwahati in Assam. But we know that is not true and that he has been ordinarily resident in New Delhi from ever since we came to know him. LK Advani, has been just as peripatetic. At one time he declared he was a resident of Ujjain in MP for the sake of a Rajya Sabha seat. Now he is a resident of Ahmedabad. Arun Jaitley has similarly been vagrant. He is a Delhiwala, but went to Amritsar where he announced he was buying a house to reloacte in 2014. The Amritsaris didnt want teh likes of him, so now he is a resident of Ahmedabad. But if you and I were as cavalier as this in declaring our place of residence, say for the purpose of a passport, we could end up in prison.

    Economic rent takes other forms, which tax the common good much more. High import duties, for instance, meant to restrain imports actually serve to increase prices and profits for domestic manufacturers. The Hindustan Ambassador, that immortal symbol of a mindless and rapacious bureaucracy, actually gave its manufacturer and employees as much joy as it gave sorrow to those who owned or drove these cars. Did you notice how all car tyres or batteries cost about the same? Or how all similar sized air-conditioners and refrigerators cost about the same? Or till recently how all air-tickets cost the same and an arm and a leg at the same time? Adam Smith explained it best by noting that “People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public.”

    These conspiracies cannot succeed without the active connivance of the politicians and bureaucrats. We know what they mostly do, but thanks to the exertions of Aniruddha Bahal, purporting to represent an industry association, we have proof for the first time of this. Our MP’s have much to thank Dr. Manmohan Singh for conjuring up MPLADs (MP’s local area development scheme), but the then Finance Minister probably never contemplated the likes of the venerable Sakshi Maharaj who turned the scheme into one of personal development. But though both the two stings involve MP’s scams evidenced are of different natures. The money for questions business is a common place as a traffic cop collecting money from errant drivers. The payment itself is a punishment for the truancy and it does not seem to matter very much where the money paid ends up, We learn our lessons from it. But when the cops collect for registering an FIR or for no rhyme of reason then it belongs to a different class and we are truly outraged.

    Those of us in Delhi who built houses or made alterations without the sanction of the authorities paid for the deviations knowing it was contrary to the law. But it was commonplace and that seemed to make it okay. But when the High Court has ordered them demolished we were outraged. What if the same High Court ordered that MP’s making false statements about their place of residence must quit? Would we be outraged? We may be happy but not outraged. This is clearly a subject that requires far greater deliberation and discussion and there is much Parliament can do by way of introspection. There are many who are quite expert on the subject. Chandan Mitra, a former  BJP MP, whose concern for probity is as well known as his Chattarpur farmhouse, has even written a book on the subject of corruption.

    Opinion polls show that there are some professions we believe to be almost entirely corrupt. Politicians and policemen top this list with 99% of those polled believing them to be crooks. Much of the corruption we witness in everyday life is a result of their unnecessary exertions. In the past few months I have had opportunity every morning to contemplate a vacant plot of land in the neighborhood I live in. The plot is bounded by roads on all four sides and naturally people walking take a short cut across it. Some well meaning soul has taken upon himself to put an end to this practice. First a sign came up demanding that people not do the most rational thing, that is take a short cut. The sign was ignored and my dog Charlie has been using the signpost to leave his signature. Then a small length of barbed wire pegged between two poles appeared astride the path at both ends. The people who use the path still find it convenient to go around the poles and take the not so short shortcut. Good old Charlie just slips under the wire and seems quite happy that he has two more poles to leave his daily markers.

    The nature of most of our lawmaking is just like this. They are irrational and people will respond rationally to them, by circumventing them if not ignoring them. Just as Dr.Manmohan Singh has done to the requirement that MP’s to the upper house be ordinarily resident in the state. Now the only way that plot can be prevented from being used as a short cut is to either build on it. If the empty plot is just walled up, the walls will encourage another use, which will be odious to boot. Which brings me to another aspect. We have laws that prohibit pissing in public and on walls, private and public. Pissing is meant to be a private business. But where are people to pee when you just don’t have enough urinals? So a law against pissing in public makes sense only when you have enough public urinals.

    Thoughtless laws corrode a state thoroughly. This is why states built around tight regulation and appeals to a higher human idealism fail. The crime wave that engulfed the former USSR was really due to the old nomenklatura doing the only thing they were adept at. It is not that other social and political systems do not germinate corruption. Corruption is all-pervasive and a world wide phenomenon. It comes built in with nature. Animals steal food from each other just as humans extort from others. But human beings live in organised societies and societies are nothing but systems based on laws. For laws to work it must be clear that if caught, trial will be swift and if found guilty retribution will be commensurate.

    That’s where we have serious problems. Who makes the law? Politicians. Who enforces the laws? The police. Both are believed to be overwhelmingly corrupt.

  • 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’.