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Chaturanga

~ statecraft, strategy, society, and Σοφíα

Chaturanga

Tag Archives: Jawaharlal Nehru University

Pro Patria aut Pro Natio?

23 Tue Feb 2016

Posted by Jaideep A. Prabhu in India, Opinion and Response, South Asia

≈ Comments Off on Pro Patria aut Pro Natio?

Tags

banal nationalism, constitutional patriotism, India, Jawaharlal Nehru University, Jürgen Habermas, JNU, jus constitutio, jus sanguinis, jus soli, Michael Billig, nation, nationalism, patriotism, state

On the sidelines of the greater debate about freedom of speech and limits to state power, there is a tango of polemics going on regarding patriotism and nationalism. This is a recurring exchange in India, the latest round of sonic warfare being sparked by the drama at Jawaharlal Nehru University; an earlier episode occurred when a junior minister was perceived as chest-thumping about an Indian incusion into Burma in pursuit of terrorists. The hanging of terrorists Ajmal Kasab and Afzal Guru in November 2012 and February 2013 also stirred this topic, albeit in the background of a debate on the death penalty.

In this rather boring dispute, the lazy thinking of one side is matched only by the inarticulate stumbling of the other. Patriotism, we are to understand, is the love of one’s country without harbouring ill-will or hatred against any other country. Nationalism, on the other hand, is an aggressive monster we should all know better than to indulge in after the horrific lessons of early 20th century Europe. The implicit re-verification of Godwin’s law not withstanding, this strikes as a rather restricted view. First, it assumes under patriotism, questionably, qualities of the nation in their milder and more positive manifestation, and second, it limits nationalism to only its extreme elements, making it easier to dismiss intellectually by making the fringe mainstream .

What does ‘love of one’s country’ mean? Strictly speaking, ‘country’ implies land or territory. With no additional implication of culture or bonding with other citizens in an imagined community, patriotism comes off as cold, impersonal, and somehow incomplete. What is there to love about a land without its people? Does an Italian patriot love the boot-shaped geography of his land or the words of Boccaccio and Dante, the wines of Piedmont, and the music of Verdi that bind him to that land incidentally? Furthermore, a loyalty to territory alone comes off as anachronistic in a globalised and multicultural world wherein international bodies, corporations and other non-governmental organisations increasingly exist fluidly across borders.

A phrase that is sometimes thrown up is constitutional patriotism. Coined by German philosopher Jürgen Habermas in the mid- to late 1980s, it essentially holds that people should form a political attachment to liberal democratic principles rather than to the cultural nation. Patriotism, understood thus, is not nationalism-lite: it is a political grouping of an entirely different dynamic, one that is not rooted in the historical specificity of a group but is an imposition of values marketed as universal.

Such ideas of civic nationalism are not new – the American Revolution and Revolutionary France were among the first to declare such ideals. However, practice was different from theory and the new universalism found few takers; Napoleon’s Jewish emancipation was reversed and the United States controlled immigration and maintained slavery. Today, it is only in the Americas that citizenship is by jus soli – place of birth – rather than jus sanguinis – bloodline. In this, they were aided by genocide and a whole new hemisphere in which to settle without the ties of the Old World to influence new beginnings. Most states, however liberal, have found cultural ties of language, faith, and ethnicity to be better bonds between citizens than abstract principles. Constitutional patriotism would take us further into abstraction to jus constitutio which is unlikely to find any subscribers.

Nationalism, on the other hand, is a feeling of group identity based on kinship, faith, language, or other cultural markers. These nebulous sentiments are made concrete not just via the cultural creation of the nation – the national anthem, the national flag, national epics, national heroes – but also mundane and quotidian acts such as the recitation of the Saraswati vandana in school, the casual display of the national flag on buildings and in offices, sporting events and national teams, and interactions with other shared symbols such as currency, stamps, and road names.

Nationalism has suffered from a negative reputation, perhaps a tad unfairly. Though the catastrophe of two world wars has been indelibly imprinted on the world’s psyche, the body count of other -isms, arguably far more horrendous, has received a generous wave off. There is no reason for the intellectual opprobrium towards nationalism alone given the nastier tendencies of other political and cultural movements. In the fear over its explosive divisiveness, the power of nationalism to bring people together is completely overlooked, a power so profound and overwhelming that it inspires solidarity among strangers and even sacrifice. It is doubtful if a modern state can be built on less.

Historically, a community of ideas has not been able to wrest belonging from the nation. Lenin famously claimed that he was betrayed by European communists on the eve of World War I as they gathered under nationalist banners. Mao had a similar grievance with Soviet communism post Stalin, that Moscow’s belief in its leadership of the Communist movement stemmed from Russian nationalism rather than any true internationalism. Today, the European Union struggles to fashion Europeans out of Englishmen, Netherlanders, and Czechs. Interestingly, the EU is also an example of how it has been easier to share sovereignty than dilute national identity – despite repeated rumours of its demise, the supranational grouping has clung on as an important yet secondary identity, perhaps bound by common history and faith more than the memoranda out of Brussels.

In India, the Leftist fear of nationalism is that the country’s overwhelmingly Hindu past would have to be conceded. For a state that has so far extended special privileges to select communities in the guise of minority rights, this would fundamentally alter the idea of India, so much so that it might even be called the birth of the Second Republic. Though it is stated with pride that multiple nations reside within the Indian state, it ought to be considered how many such experiments have been successful in the past – none come to mind. Perhaps the weakness of Indian democracy lies in the inevitable and constant pandering to these national identities?

Instead of trying to be fashionably post-national, it is better to harness the communitarian nature of nationalism to forge a more stable union wherein no group is threatened but neither is any given special dispensation. A confident nation will be a mature state, one which may not only see better governance at home but also be a more valuable member of the international community. As for the excesses of nationalism in the past, what idea have men not abused? Perchance the fault is not in our stars or ideas, dear Brutus, but in ourselves.


This post appeared on FirstPost on February 25, 2016.

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This is an Indian Democracy, Kaul*!

20 Sat Feb 2016

Posted by Jaideep A. Prabhu in India, Opinion and Response, South Asia

≈ Comments Off on This is an Indian Democracy, Kaul*!

Tags

Avadhnama, Dadri, democracy, EU, Europe, European Union, freedom of expression, India, Jawaharlal Nehru University, JNU, Jyllandsposten, liberalism, Malda, MF Hussain, multiculturalism, Sri Ram Sene, Sudheendra Kulkarni, United States, Vishwaroopam, Wendy Doniger

Every few months, India gets into a tizzy about freedom of expression. The recent drama on Jawaharlal Nehru University’s campus, the pulping of Wendy Doniger’s book on Hinduism, the mob violence at Dadri, the smearing of black paint on Sudheendra Kulkarni, a writer, the antics of fringe groups like the Sri Ram Sene, and other events have occupied the headlines and television studio airtime in their turn. Less honoured have been the riots in Malda, the shuttering of Bombay’s Avadhnama, the censorship of Vishwaroopam, and a long list of other incidents.

As anyone following the freedom of expression debate in India knows by now, Article 19(2) of the Indian constitution introduces seven criteria which may limit expression. One factor that complicates the debate further is that the implementation of these laws have not been uniform over the years – an MF Hussain is met with sympathy while a reprint of the Danish Jyllandsposten cartoons is met with riots and media outcry. Despite this hypocrisy, a precious few free speech advocates are of the opinion that all restrictions should be done away with and India should adopt a Brandenburg v. Ohio standard of free expression, referring, of course, to the landmark 1969 case in the United States Supreme Court.

In principle, this sounds excellent. In practice, however, India is a far more complicated beast to govern. The evolution of the Brandenburg benchmark occurred over centuries of not just juridical but also political and social evolution. The values enshrined in that decision not only reflected those held by the American people but also were capable of being enforced by the American state. The United States was aided in part also by circumstance: they had the luxury of starting tabula rasa, without any historical baggage, the distance and strict immigration laws ensured a certain homogeneity pace the melting point myth, and the participatory nature of their democracy was allowed to increase only gradually.

India’s leaders at independence, however, chose to rush headlong into democracy with universal adult suffrage. Its leaders at the founding – at least those who held sway – preferred abstract theories to the exhausting reality of the new republic. The price of this decision would be borne by future generations of Indians every day of their lives. This is not to say that India should abandon democracy – it is too late for that now. Once the masses have tasted power, they are loathe to give it back. However, it does mean that Indians approach the implementation of other ideals concomitant with democracy with more caution as the country inches forward towards prosperity, liberty, security, and stability.

But first, what is democracy? Etymologically and historically, it has come to mean a system of government in which rulers are chosen by the people for fixed intervals. There is no commitment to Liberalism, even implicitly, in such a system. The checks and balances that have evolved in most democracies to protect minorities from the excesses of the majority came from cultural values over time and were institutionalised via other non-electoral avenues. Universal suffrage has had no role in the creation of a system of civil liberties. India’s leaders did not understand that a liberal democracy – and, by implication, free speech – cannot take root in a society that has not first become free and liberal-minded; only those who have drawn poorly from history can suppose otherwise.

A stable liberal democracy presupposes a people assured of their identity as a society as well as individuals within that society. People divided by opinions on public policy may equally find themselves in the majority or minority but are not so  in perpetuity. Yet those who see divisions based on ethnic or religious markers do not experience similar fluctuations. This dynamic explains the formation of democratically-minded nation-states along rather singular ethnic, religious, and even linguistic lines.

Liberty and MisesIndia’s continued governance by Anglicised elites after independence brought to power a group who had no sense of their own history and hence their own strengths and limitations. Adding a democracy based on universal suffrage to the mix when India’s national identity was inchoate at best, as the politics surrounding Partition amply demonstrated, was a recipe for disaster. This was compounded by separate law codes and reservations in education and employment for certain communities. Over time, aided by changing demographics, demands from these special communities have become more economic and political in their nature. No longer were the provisions seen as catalysts towards equality but as permanent and rightful dispensations. It should be no surprise, then, that the natural core majority resents this situation because it militates against their sense of fairness.

The weakness of Indian liberal democracy, then, stems from the failure of the nation-building project that has left large sections of society uncertain about their identities and rights. As Karl Marx had argued that socialism would develop as the high point of industrialisation and capitalism, pluralism and multicultural stability can arise only as the high point of core majority stability. It is folly to assume that the demonisation of the majority is the way to achieve this.

Another weakness of Indian liberal democracy comes from the failure of its institutions. For decades after independence, they were ravaged by the Congress for political reasons and have lost the trust of the citizens. Traditionally, liberalism has been closely related to democracy because both aimed at restricting the power of the absolute state. This went hand in hand with the increasing rule of law and social trust. Seen closely, however, modern democracy increased only political liberty but not social liberty. This, it can be argued, is the contribution of a robust judiciary that took both the constitution and contemporary community standards into account. Attorney-General v De Keyser’s Royal Hotel Limited, Fagan v Metropolitan Police Commissioner, A and Others v Secretary of State for the Home Department, Eweida v British Airways plc, Roe v Wade, Donato Casagrande v. Landeshauptstadt München, and other cases have defined the scope of civil liberties and pushed against more restrictive executive and legislative practices. In contrast, Indian courts have generally served the narrow political interests of the governing elite and done little to gradually expand civil liberties in India. To be fair to the judiciary, other factors prohibited such a role too.

Democracy and FDRWhy was the spread of universal suffrage so slow? There were two reasons: one was that the overwhelming majority was illiterate, ignorant, and incapable of forming an informed opinion on state matters. The second was the belief that only those with property were sufficiently vested in the community to truly consider its best interests. The expansion of democratic rights, therefore, coincided with the expansion of secondary education. With the changing nature of the economy, intellectual contribution and conscription joined property as criteria by which investment in the nation-state was measured. India’s early governments deserve some blame for failing to raise functional literacy rates quickly but it is also true that the education of hundreds of millions of people was going to take some time. Despite lacking the prerequisites for a democracy, let alone a liberal democracy, Indian leaders of the day rushed headlong into a bold yet ultimately ill-timed social experiment. Had successive governments governed wisely and without favouritism between various social groups, the impact on the country’s liberal evolution might yet have been mitigated.

In the age of globalisation, European multiculturalism has come under threat; unable to assimilate newcomers into the European ideal, the Union is facing a crisis as the continent’s core majority opposes the influx of refugees and even increased economic aid to the financially weaker members of the Union at the expense of the more prosperous member states. This is a tension India has lived with since its inception and watching the reaction of a mature polity such as Europe over the past few years only dampens hope in the Nehruvian idea of India even further.

[DIVERSION] The internet has also produced pressures nation-states were not designed to handle. With the rise of multinational activism and communications, ever more people are participating in political processes without necessarily any stakes in local communities. Democracy presumes civic participation in its institutions; that is the price of membership for receiving the economic and social goods of the state. Instead, contemporary democracy has lost all tethering to any sense of obligation or duty and is merely a one-way relationship for the redistribution of wealth and favours. In many cases, these disproportionately benefit those who have made no contribution to the prosperity of the whole.

This might also be an argument for the return to a certain elitism in democracy as the number and complexity of issues before a government increase dramatically in the 21st century, allowing those with greater knowledge, experience, and skin in the game to contribute more meaningfully to national and global discussions. [/DIVERSION]

Above all, governance must be about stability and order. Activists have the luxury of preaching a one-point agenda, however noble, but the state machinery must consider the overall picture before implementing policy. Let us, for example, consider the ramifications of implementing a Brandenburg standard free speech law overnight in India: the very next cartoon about Islam’s prophet will give rise to angry mobs visiting havoc upon cities and towns. If the plight of the Rohingyas in Burma could inspire the Azad Maidan riots in Bombay in 2012 for no fault of the Indian state, there is no reason to expect more sanity from the community now.

The activist argument would be to crack down on the rioters and arrest and prosecute those responsible for violence. However, when India is over 500,000 policemen short and over 90 per cent of the police force works over eight hours a day, law and order is bound to suffer. Furthermore, many of these policemen may stand by in sympathy. The training and sufficient arming of the force is also necessary. While the government works to improve the police force, not to mention the jails and judiciary, countless crores  and lives would have been lost in damages. Will free speech activists compensate for the losses incurred?

All systems have prerequisites and boundary conditions. The digital age already poses sufficient challenges to nation-states that blind adherence to shibboleths need not compound. Indians have never discussed whether they prefer a Singaporean or even Japanese style democracy to a Western democracy and perhaps that should be first on the agenda before a model is copy-pasted from elsewhere. Either way, India would still need to substantially upgrade its state capacity and reforms would have to keep those limitations in mind. India certainly has problems with its democracy as well as its free speech provisions – unequal application, state capacity, unprepared citizenry – but to demand a swift imposition of a standard radically alien to the cultural context is simply myopic and an invitation to unrest.


*: The title of this post is a reference to Yes, Prime Minister, Series 2, Episode 5: Power to the People, in which Sir Humphrey Appleby chastises Bernard Woolley for suggesting that every person has a right to power in a democracy. SK Kaul is the prime minister’s private secretary in Ji, Mantriji, a Hindi re-make of the BBC original.

This post appeared on FirstPost on February 22, 2016.

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Poison in the Public Sphere

15 Mon Feb 2016

Posted by Jaideep A. Prabhu in India, Opinion and Response, South Asia

≈ Comments Off on Poison in the Public Sphere

Tags

Afzal Guru, Bharatiya Janata Party, BJP, free speech, freedom of expression, Hindu, India, Jawaharlal Nehru University, JNU, minorities, nationalism, sedition

Perhaps the only thing more vexatious than the farce being enacted on the campus of the Jawaharlal Nehru University (JNU) are the columns in defence of the provocateurs. Despite several videos surfacing that clearly show slogans not only expressing sympathy for a man Indian courts – including the apex one –  have repeatedly declared a terrorist but also calling for the Balkanisation and destruction of India, the Indian chatterati have rushed to lambast the government for taking excessive measures against the provocateurs.

The crux of the debate lies in that the government sees the slogans raised as seditious while India’s esteemed quill slingers believe that even seditious speech should be allowed in a liberal democracy. There is no denying that the government has been typically ham-handed and half-hearted in its response to the situation but that does not nullify the merit of their position. Whether the actions and words of the agitators amounts to sedition is something the courts can decide; prima facie, the police think they have a good case and it is worth bearing in mind that there is multi-partisan support in India for an amendment passed by the university’s namesake that introduced limitations to the freedom of expression.

Be that as it may, it has been asserted that sedition laws have no place in a liberal democracy. Yet it might just as easily be argued that a liberal democracy that has elections with term limits and plenty of avenues for redress has no need of seditious agents and any such elements are a public menace.

The United States, a favourite example among copy-paste intelligentsia, has been highlighted as an example, particularly the landmark Brandenburg v. Ohio decision. Yet sedition remains on the law books and has gained the company of other laws such as the Patriot Act. Of course, Washington remains a pastmaster in anukula shastra: the Authorisation to Use Military Force (AUMF), extraordinary rendition, and enhanced interrogation are but the latest in a long history of convenient judicial mechanisms that allow the US government some latitude in its operations despite the spirit of the freedoms enshrined in the Bill of Rights.

However, the United States – and Europe – do not share the same historical experience as India and have grown to have different priorities and values. Singapore serves as a better model for India culturally as well as juridically. In two recent cases, the Southeast Asian city-state has indicated that freedom of expression is not a primary right but one subject to public order considerations. India’s first amendment seems to indicate the same. Singaporean law does not look for intent but for “seditious tendency” in an act, its primary concern being the stability of racial and religious relations. Whatever textbook Indian idealists may dream from, these issues have plagued the Indian polity since independence as well.

One retort to the arrests has been to ask if the Indian state is so weak as to feel threatened by an uncouth bunch of provocateurs. This example of vacuous intellectualism is a victim of its own historical revisionism. It is not the Indian state that is threatened but the Indian nation, an important aspect, some would say, of modern nation-state couplings. There is a legitimate discussion to be had, despite gaining independence, on whether the Indian nation-building project was completed. The machinery of a modern state was easy to continue or copy and impose, but the country’s identity has remained fractured. At least since independence, if not earlier, minority rights has become code for taking potshots at the vast Hindu majority. Only the majority marriage customs were tampered with; only their religious and educational institutions were liable to be taken over by the government, and only their sentiments were impervious to injury. Worse, any vocalisation of these grievances was tantamount to ‘saffron’ fascism.

Speech expressing sympathy for enemies of the Indian nation (and state) assault that inchoate identity, especially so because that enmity is founded upon religious difference to which political hatred is only an extension. Nowhere is this connection clearer than over Kashmir, whose secession some of the crowd at JNU are alleged to have supported. The rootless cosmopolitan affect some Leftists like to feign is a luxury of only mature and stable nations as the events of the late 19th and early 20th centuries show us.

The purpose of the gathering at JNU was to provoke a reaction from the government. If the mob had truly wished to honour an executed terrorist, there were plenty of ways to do so quietly – a vigil, a few speeches in an auditorium, perhaps even a film showing the excesses of the big bad Indian state. That was not what the provocateurs did for that was not their intent. They wanted to anger and in that, they succeeded brilliantly. This is not a new technique of the anti-establishmentarians, though one would be forgiven thinking so given how the Bharatiya Janata Party and its affiliates always fall into the same trap. Beef-eating festivals are a popular way of goading the majority Hindu population. Enjoyed by millions in the privacy of their homes and easily available in restaurants across India, Hindus are baited into overreaction by advertising special festivals to consume the meat. The support of Afzal Guru fits the same pattern.

Just a couple of months ago, the media’s ersatz intellectuals wondered if India was growing more intolerant. The fact is, however, that the country has been too tolerant of intolerance for too long. To be tolerant of intolerance is, to paraphrase Winston Churchill, showing neutrality between the fire and the fire brigade. For all the taunting of the majority, even a superficial slight to a minority is met with the full force of media sanctimony and/or riots. Successive Congress governments pampered the minority voting bloc and an impressive network of academics, NGOs, and others was developed that dominated the public sphere. Whether it is the advent of social media or something else, this commanding position has experienced a serious pushback recently. Political commentary has experienced a pendulum effect and as is customary, seen a few excesses by virtue of the zeal of newcomers to the game. The angry reaction to the instigation at JNU is just that, a refusal to cede ground to political miscreants without contest. The government’s actions against the chief culprits has met with at least as much applause as opprobrium, with some urging an even more stringent follow-through. The commotion in the news studios is caused by the political Right’s new-found voice.

For those willing to step back and allow themselves a sardonic chuckle, the media’s amnesia about the police assault on protesters and hecklers at JNU in 2005 during the unveiling of a statue of Nehru by then prime minister Manmohan Singh will provide some tart lightness. And of course, that the provocateurs are now seeking protection from the same state that they wish destroyed is a delicious irony all in itself.


This post appeared on FirstPost on February 17, 2016.

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