It is clear from the discussion in the last post on Freedom to Faith that at the heart of all angst in India are apprehensions about Culture Conflicts.
These apprehensions have two dimensions
#1 Apprehensions of the culturally conscious within the Majority on whether a State wedded to “secularism” (however flawed its definition) will always find it incumbent to bend over backwards to appease the Minority at the expense of the Majority so Minorities feel secure.
#2 Apprehensions of the politically conscious within the Minority and the progressives on whether a State that yields to the Majority on culture issues will deny the Minority its freedom to faith and appear to be illiberal or fundamentalist to the “non-believing progressive liberal” global community (however flawed such perceptions maybe)
The new Big Tent must recognize the Truth behind these apprehensions and must provide provide an ideological and political framework to resolve the conflicts that are an inevitable consequence of such apprehensions.
As a first step, the White Umbrella must stand for recognizing the below Truths and the new Big Tent must stand for accepting the below reality.
#1 It is true that the communal fault lines in India have their roots in political mobilization on religious grounds during the Freedom movement on all sides.
#2 It is also true that partition of India on religious grounds further deepened these fault lines rather than erase them
#3 The geo-political reality of the Sub-Continent as it exists today is unlikely to change and we must come to terms with it.
#4 It is possible to envisage a future where borders could become irrelevant but that future aspiration should not be the basis for domestic political mobilization in the present times, we must accept that reality as well atleast for the next 10 years.
#5 We must also recognize the Truth that in the immediate aftermath of Partition, the Indian State went out of its way to make the Minority feel secure in India out of deep apprehensions of instabillity and violence.
#6 We must also recognize the Truth that in that attempt to make the Minority feel secure the Indian State made mistakes some of which came at the expense of the Majority
#7 We must also recognize the Truth that these mistakes coupled with 5 decades of political monopoly of one Party contributed to illiberal and anti-national policies getting Constitutional sanction via subversive ammendments.
#8 We must also recognize the Truth that these 5 decades of monopoly had empowered political power brokers within the Minority at the expense of the “aam Admi” within the Minority
#9 We must also recognize the Truth that these political power brokers within the Minority had no political incentive in eliminating the apprehensions and pursuing politics that would have genuinely benefited their socio-economic development
#10 We must also recognize the Truth that this practice of nurturing political power brokers within the Minority to make flawed decisions at the expense of Majority had lead to an inevtiable political backlash in the late 1980s and 1990s.
#11 We must also accept the reality that while the politics of the late 1980s and early 1990s provided an outlet to the Majority to express its rejection of the flawed politics of the first 5 decades it failed to provide a coherent alternative within the ambit of the Constitution
#12 We must also accept the reality that the political mobilization on Culture Conflicts that remained unresolved due to the flawed politics of the first 5 decades while ending the political monopoly of one party and making national politics competitive came at a collateral social cost
#13 We must also accept the Truth that the collateral social cost in the form of political violence from this political mobilization is no different from the collateral social costs from political violence from past abuses of power and social conflicts during the first 5 decades after Independence
#14 We must also accept the Truth that the first 5 decades of misgovernance lead to an Institutionalization of poor Judicial Performance leading to unacceptable delays in Justice Delivery at all levels of the Government thus contributing to an abject lack of Justice Delivery to the many victims of this collateral damage from abuses of power and political mobilization on culture/social conflicts
#15 We must accept the reality that the Constitution, the state of the Judiciary and the Executive at Federal, State, Local levels as it exists today does not have the necessary tools to facilitate a transparent and participative process of resolution to these Culture Conflicts while ensuring Justice to all Victims of Political Violence over the last 6 decades.
#16 We must accept the reality that the practice of the past 6 decades of ammending the Constitution to give more powers to the Federal Government via Parliament’s ability to legislate does not lead to satisfactory solutions and only further weakens the sanctity of the Constitution and Federalism while sowing the seeds for future conflicts on account of local/regional sentiments being ignored or deliberately sidelined.
#17 We must also accept the reality that this practice of Federally legislated solutions to socio-economic conflicts has lead to short sighted politics that have only encouraged opportunistic political mobilization based on identity and all its associated negative effects of corruption, nepotism, political violence and instability through dissidence.
#18 We must finally accept the reality that the pursuit of “self interest” via identity politics that thrives on historical greivances will not end with Constitutional ammendments forced top down
#19 We must also finally accept the reality that the Cultural Diversity of India is such that there will also be a multitude of such “identity determined self interests” which may not always be in harmony with each other leading to inevitable political conflicts
#20 We must also finally accept the reality that the only way to resolve such future conflicts is to allow for an Institutionalized Constitutional Framework within which such Conflicts can be resolved Democratically without the need for National Legislations that are forced on everyone and without succumbing to the blackmail of competitive Political Violence by Identity based Groups in conflict with each other
With the above of the basis the New Big Tent must offer that Institutionalized Constitutional Framework with the White Umbrella standing as a guarantee for
#1 There will be ZERO TOLERANCE TO Political Violence and Identity based Discrimination
#2 The Rule of Law will be ruthlessly enforced on above
#3 Justice will always be delivered to every Victim of violence and discrimination in a timely manner
to promise the following:
#1 States will have the freedom to frame laws on socio-economic issues like Reservations, Labor Laws, Social Schemes, Entitlements and the Constitution shall be ammended to allow for this freedom to the States
#2 Local Governments will have the freedom to raise taxes and bear the responsibility for local delivery of services from public utilties, law enforcement, zoning etc…
#3 Direct Democracy at the Local level will allow the people to push upwards proposals on Socio-Cultural issues to allow the States to resolve conflicts on Cultural and Social Conflicts in a democratic way
#4 There is a risk of Direct Democracy resulting in paralysis of the kind we have seen in California or resulting in Constitutionally absurd proposals finding popular support. It is only in such extreme cases there should be a role for the Supreme Court to intervene and specify Constitutionally acceptable parameters or limits while sending those issues back to the State and Local Government for resolution.
#5 For issues that transcend State boundaries or impact National Frontiers (like SSP) the current method of Federal Parliament based legislations will continue
With the above framework an acceptable solution can be found for
#1 Justice to all victims of Communal Riots
#2 Justice to all victims of Discrimination
#3 Freedom to Religious Institutions with no government interference
#4 Culture Conflicts that have remained unresolved on account of apprehensions of above 3
Specific suggestions on how to resolve Ram Janmabhoomi (RJM) Babri Masjid conflict from comments in this and earlier post
Coming to RJM you make my point. If RJM is important to the entire nation and is a major destination for Hindus and more across the country, why wud the Local Community of Faizabad condemn themselves to the ire and loss of economic benefits by not exploiting RJM to the fullest extent via religious tourism.
After all if it is a choice between Rama’s birthplace and a non-descript mosque built by Babar which will attract greater pilgrim traffic ?
We have to reorient our thinking by doing 2 things:
Step 1 – give freedom to local communities
Step 2 – Trust economics to find the right solutions by free will of people rather than forced top-down
I agree the issue has to be framed right with the right process in place first and a full opportunity for all stakeholders to make the best case to the people of Faizabad on what this means to them in access to opportunities, investment in hospitality sector, education etc etc
If framed right where this becomes the ticket to Faizabad emerging as great a destination as Tirupathi I would find it hard to believe a choice wil be made against Hindu sentiments.
And more reiteration of the same suggestion from another earlier comment.
On Ram Janmabhoomi I have already clarified the best way to solve it is
Step 1 – give freedom to religion by putting a complete end to state interference
Step 2 – empower local community and stakeholders to take over religious shrines via direct democracy thru appropriate legislation
Step 3 – all political outfits ans socio-religious groups agree to respect step 2 as the basis for reconciliation. Both representative parties make their case to the people of faizabad on faith and economic grounds and how the local community will stand to benefit from investments and economic activity etc…
Step 4 – with step 2 as the basis let the people of faizabad settle the dispute via local direct democracy as far as the disputed land goes. For the rest where the legal status is clear hand it over to the legal stakeholders.
The courts cannot settle this dispute nor can a federal legislation. The decision has to be left to the local community.
I find it hard to believe the local community would be foolish to make the wrong choice.
The democratic process gives them and the State the necessary constitutional cover to make the right choice without feeling intimidated and outraged by a movement that has violated their privacy for no fault of theirs for decades now.
Filed under: DesiPundit, Shveta Chhatra
I don’t agree with your views on devolution of power.The fact that Parliament has not functioned as envisioned does not mean that the system adopted after independence is at fault and needs to be replaced.I think transferring power to the states will lead to greater problems.Just imagine the laws that the state govts. in UP,WB & Bihar will be able to enact if they are given legislative power on socio-economic issues.
These powers can be beneficial to states that have able administrators like Modiji but disastrous for the majority community in states where minority appeasement is already high.
I admit that I’m looking at only one aspect but transferring these powers to states will have the maximum negative impact.
My view is that the Centre should have a vicelike grip on the States.The States should not be able to dictate terms to the Centre.Taking into account India’s diversity,we need to appreciate the effort that has gone into dividing powers between the Centre & the States.The first UPA govt is an example where state satraps had the upper hand and were able to defy the PM.
Power should flow from Delhi to the states not from the states to Delhi.
Tanmay – You make a good point on the Republic versus Federation debate. This post doesn’t do enough justice to that debate. Let me just say that for the last time the Center had vice like grip on States we got
- emergency
- article 356 applied indiscriminately
It would be a mistake to turn the clock back on that. You have answered your own question.
Why deprive States that elect good administrators the freedom to make right choices ?
In fact the lesson to UP, Bihar and WB would be to elect good leaders rather than forsake your freedom to a remote Center just becoz you are prone to making bad choices.
Let us try and keep the debate on the premise of the post, will do another post on federalism.
Yossarin,
You make a good point about courts not delivering justice in a timely manner to anyone. I would go further and say that this is one of the primary reason that mob violence (either communal or non-communal) happens so often in India. The perpetratotrs of violence have no fear that they will ever be punished. However justice can be delivered in a timely and just manner is something which you havent addressed. Without this there can be no reconcilliation.
Ksj – if I understand you correctly you are asking “what judicial reforms will ensure timely delivery of justice” ?
I am hardly the expert to opine on specifics of reforms but I think it is largely a capacity and technology problem as well as to do with many outdated laws and matters where arbitration can be done out of court. I do know that Gujarat has done some innovation with electronic courts and evening courts, ultimately it will boil down to
- clearing the backlog of cases
- achieving high service levels in disposing routine cases
- focusing the judicial energy and prosecution energy on the most serious crimes for timely justice delivery
All of these have less to do with ideology and more to do with efficiency, governance and commitment to judicial reforms.
Justice Delivery system … should not only include Judiciary but also the police and other law enforcement bodies …. The image of police in India is no less than that of a kasai ….
Yoss, your points well prove that India has failed to provide a just and a content society ….
India is a puzzle for sociologists and human pyschologists ….. One of the bulkiest constitution promising heaven on earth , equality and justice for all .. blah blah ….but all India has managed in 60 yrs is a barely functioning democracy … massive hunger , poverty , injustice , corruption and discontent everywhere …. People hate Judiciary , people hate police , people hate politicians, people hate babus , people hate lawyers …and now people even hate Indian media .. Why ??
Every pillar of democracy .. every institution is non-functional and decayed ….
Why have we failed to implement the principles and the spirit of the constitution … and the deviation is not 5-10% , it is completely opposite direction that we are heading for ….
Is it about moral ethics that we miss, the integrity to follow what we preach ??
May be but not completely true as western democracies also have this concept missing , but they have prospered and have been much more successful in providing justice to their citizens !!
The point is we can again set a new goal/target/direction for ourselves , but the problem is the implementation , not the plan …. We know the system doesn’t work, so no point considering collective leadership concept etc ….
We need a proven Project Manager to implement this plan of changing this country for good ….The only proven Project Manager in India is NaMo , who has proved it in Gujarat .. but people fail to understand .
I think like every individual , a country also has its bhagya …. If India has a leader like NaMo , it will become a superpower in 10-15 yrs … I cannot imagine a more relevant message (by his work in Gujarat and his election speeches) any other leader in India’s history had ever given to its people .. but the Indians high in their own ignorant world, high on Hypocrisy quotients rejected his message … and turned their back on their bhagya.
Surprising analysis – surprising because its on Rediff!!!
http://election.rediff.com/slide-show/2009/jun/05/slide-show-1-why-the-bjp-lost-elections-2009.htm
Yossarin –
When you say:
#1 There will be ZERO TOLERANCE TO Political Violence and Identity based Discrimination
#2 The Rule of Law will be ruthlessly enforced on above
#3 Justice will always be delivered to every Victim of violence and discrimination in a timely manner
Nothing to disagree here, but this requires an exemplary criminal justice system. Now, our current laws require that police institutions be tightly controlled by the executive – that is very often an extension of the ruling party of the day
The question now is: what incentive does a typical police officer have to impartially apply the law when it comes to people from the ruling party? This will pose problems in realizing your points #1, #2 cited above.
The obvious solution, you may say, is to reduce the role of the executive in police matters. But then:
(a) How would one legislate such a change? Why would a typical politician – from no matter what party, support such a move – self-interested as he/she is?
(b) Even if we somehow managed to legislate, some sort of a civilian oversight would be required – after all, they’re armed. Who would do this job?
Looks like a very knotty problem to me.
[...] Older » [...]
Quite an ambiguous end to an excellent right-wing platform. If you devote your new found free time to establishing a nationalist media outlet, we’ll forgive you.
Regarding point number 1. If the Constitution is to be amended to provide greater freedom to states, then why not go further and aim to restructure the republic on the lines of the EU or the CIS. Delhi will still be responsible for defence and have power to negotiate with others on items like external trade policy, but the states would be free to follow policies that work best for them in other matters.
Such restructuring will open the door to accomodating West Punjab and Sindh and will thus solve the mother of all religious disputes (Kashmir) on the subcontinent. Further it takes care of the rising conflict between states like Maharashtra and Gujarat on the one hand and Bihar and UP on the other due to the economic disparity that now exists akin to that between the US and Mexico.