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DELHI THE HINDU 8 EDITORIAL THURSDAY, MAY 16, 2019 EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE Why the Muslim vote matters in U.P. Marginalised and fearful, Muslim voters want to demonstrate that they still count in India’s democracy tion behind the mahagathband­ electoral battle as one between earlier they were beginning to han (the Samajwadi Party­Bahujan “Ali” and “Bajrang Bali”. show signs of autonomy and inde­ Samaj Party­Rashtriya Lok Dal, or Secularism, in the new political pendent thinking, said Athar Hu­ Morphed freedoms SP­BSP­RLD, alliance) because it is context, has been redefined as sain, Director, Centre for Objective By seeking an apology while granting bail, the more likely than the Congress to Muslim appeasement. It has Research and Development in overwhelm the BJP. This feeling is helped the BJP to gather Hindu Lucknow. They are getting pushed Supreme Court downplayed the misuse of law Z oya Hasan & so strong that even elite and up­ support, especially as no party is back into ghettos and into the he case of a BJP Yuva Morcha functionary being Mannika Chopra per­middle class Muslim families, willing to represent the concerns arms of conservative clerics. Fear­ arrested in West Bengal for sharing a morphed which have historically had close of Muslims. Democracy and deve­ ing a backlash, they are reluctant ties to the Congress in Lucknow, GETTY IMAGES/ISTOCKPHOTO lopment should go hand in hand. to protest against attacks on their image of Chief Minister Mamata Banerjee demon­ T ttar Pradesh continues to have chosen to vote for the al­ rorism, uber­patriotism and cow but in U.P. the two do not share a livelihoods, food habits, closure of strates how wrong and needlessly oppressive legal pro­ hold the key to political liance. protection to construct a ‘Hindu’ symbiotic relationship. slaughterhouses and meat shops cesses can turn out to be. The police in Howrah regis­ Upower in the country. The Significantly, then, unlike other constituency. It has tried to exploit Hence, political and social or any other issues that matter to tered a case and arrested Priyanka Sharma under results for the 80 parliamentary social groups, Muslims will exer­ its so­called progressive stand on equality in terms of roughly pro­ them. irrelevant and non­existent provisions, a magistrate seats in this keystone State will de­ cise their vote along ideological the triple talaq issue to attract portionate distribution of develop­ showed little application of mind while remanding her cide who governs India. Travelling lines, and not on the basis of the Muslims. (After raising the issue ment benefits and representation Weapon of the marginalised to judicial custody, and even the Supreme Court, while through five districts of Awadh, in­ candidate’s identity. Nonetheless, with such intensity, ironically the eludes them. Muslims in rural Despite the failure of politics cluding the VIP constituencies of some Muslims may not vote as a BJP did not give a single ticket to a areas feel they’ve been left out of which has invisiblised legitimate ordering her immediate release, did not recognise suffi­ Lucknow, Amethi and Rae Bareli, unified entity despite the con­ Muslim woman). It has also tried government schemes such as the issues and allowed a radical Hin­ ciently the perverse manner in which the law was being makes it amply clear that the Mus­ sciousness that 2019 is a critical hard to slice the Shia vote by pro­ Ujjwala Yojana or in getting finan­ dutva consolidation in their name, used. It is a matter of some consolation that the apex lim vote will play a crucial role in election. “This verdict will be the moting Shia clerics such as Maula­ cial support to build toilets or Muslims continue to believe in the court observed a day later that the arrest was arbitrary the final outcome. life or death of democracy in In­ na Kalbe Jawad Naqvi, who issued homes while other strong conten­ efficacy of their vote. Even though and pulled up the West Bengal government for delaying dia,” said Manzoor Ali from the Gi­ a statement extending support to ders in the rural hierarchy are their representation in Parliament Ms. Sharma’s release for technical reasons. The police, Tactical voting ri Institute of Development Stu­ Home Minister Rajnath Singh, the benefiting. and State legislatures has fallen apparently realising that there was no offence in the There are three interconnected as­ dies. This was also evident in BJP candidate from Lucknow. But It is indeed odd that though drastically and development defi­ sumptions about Muslim political scores of voters travelling long dis­ this was promptly dismissed by Muslims constitute 43 million of cits haven’t been addressed, there first place, has filed a closure report terming the com­ behaviour, which may not neces­ tances from different cities to cast most people as inconsequential. U.P.’s 200 million­strong popula­ is no dilution in their electoral par­ plaint a ‘mistake of fact’. It is a reflection of the level of sarily be accurate. First, they vote their vote on May 6 in Lucknow. So, neither of these efforts is likely tion, no party is really talking ticipation. What is significant is acrimony between the ruling Trinamool Congress and en bloc for one candidate or party. This is not surprising because to help the BJP in getting a signifi­ about issues that concern them as that discrimination and low repre­ the BJP in the midst of a violence­marred, multi­phase Second, they are more strategic in U.P. — which saw the destruction cant chunk of the Muslim vote be­ the battle for 2019 rages. Instead sentation have not bothered Mus­ election that the police entertained a complaint from a their voting than other demo­ of the Babri Masjid in 1992 in Ayod­ cause of the widely shared percep­ there is a manufactured silence. lim voters or affected their politi­ Trinamool Congress activist and booked Ms. Sharma graphics. Third, their voting prefe­ hya, is now run by Chief Minister tion that it is an anti­Muslim party. Majoritarian impulses, to a greater cal engagement with democracy. for criminal defamation and offences under the provi­ rence is likely to be influenced by Yogi Adityanath, and has been or lesser degree, are the founda­ This is because the vote is a wea­ sions of the Information Technology Act. It is possible clerics or traditional community long considered to be the pulse of Fearfulness as cohesion tion for the current political dis­ pon of the weak — a political coun­ leaders. While there was little evi­ the Hindi heartland — is the cen­ Though Muslim identity on the course, as are caste alliances in ter against the concerted effort to that some considered the morphed image — in which dence to support this view of Mus­ trepiece of the Hindutva project ground is highly fragmented, vary­ which the Muslim voice has little render them voiceless and irrele­ Ms. Banerjee’s face was appended to an actor’s photo­ lim unity in the past as they mostly built largely on creating a fear of ing with religious denomination, space. Their current marginalisa­ vant. It can establish links bet­ graph at a museum event in New York — defamatory. voted for parties that best protect­ Muslims as the Other. This has re­ caste and class, the lack of security tion is a far cry from the time when ween local voices and regional But it is unclear how the police could arrest someone ed their interests, in 2019, opposi­ sulted in fundamental changes in and overriding fear have neutral­ Muslims were crucial to the politi­ forces, between the politics of for defamation based on a third party’s complaint. tion to the polarising politics of the U.P. politics — and more so in ised social differences. Madhavi cal fortunes of parties, especially community and the idea of citizen­ A cyber­crime police station handled the case, appa­ Bharatiya Janata Party (BJP) is Awadh, a BJP stronghold since the Kuckreja, a social activist, recalled the Congress. Today the tendency ship. rently because it involved Section 66­A of the IT Act, a clearly influencing electoral prefe­ days of the Ayodhya movement. how a rumour about a stray cattle towards political equality when it By capitalising on their vote, rences and imparting a unity of The landslide victory of the BJP in being injured in a road accident comes to the distribution of power U.P. Muslims today, more than ev­ provision declared unconstitutional in 2015, and Sec­ purpose to the Muslim vote. Alth­ 2014 and in the 2017 Assembly led to anxious guests promptly or representation is completely er, want to demonstrate that they tion 67­A, which can be used only when sexually expli­ ough the most important issues elections has seen the consolida­ leaving a walima (wedding recep­ missing. Perhaps the Muslim is still count in India’s democracy. cit material is transmitted in electronic form. Thus, for Muslims, as indeed for any vo­ tion of the Hindu vote under the tion) to rush back home. Such ap­ seen as a liability. In 2019, as in They are using their vote to de­ what was at best a case of defamation, a non­cognisable ter, are education, health care, BJP, while Muslim votes have re­ prehensions are driven by the fear 2014, the BJP has not fielded a sin­ mand a new deal which crucially and bailable offence, was projected as a cyber­crime jobs and infrastructure, today as a mained split between the Con­ of the mob and police crackdowns gle Muslim candidate in U.P., while depends on dismantling the BJP’s with the sole aim of getting the accused remanded. community they feel beleaguered; gress and regional parties. At the (even when they are the victims of it is 10 for the mahagathbandhan Hindutva project in India’s hear­ While magistrates are often known to act mechanically hence their singular aspiration to same time, many Muslims in Luck­ violence). This surcharged envi­ and eight for the Congress. tland. vote for the strongest party or al­ now, Rae Bareli, Amethi, Faizabad ronment has been fostered by re­ This deliberate neglect has had — although that is no excuse for remanding the accused liance that can defeat the BJP. and Ayodhya narrate how the Ras­ peated incidents of mob lynching its repercussions. The politics of Z oya Hasan is Professor Emerita, in this case — it is disconcerting that a Bench of the Su­ If previously they did not vote thriya Swayamsevak Sangh (RSS) over perceived cow slaughter, ban hate has forced Muslims to give Jawaharlal Nehru University and preme Court ventured to advise her to apologise for en bloc for any single party, in this has been sowing seeds of division on the beef trade and its consump­ priority to security of life and pro­ Distinguished Professor, Council for Social sharing the image on Facebook. The court included a election too they are not voting as and splitting up communities. tion and the vicious anti­Muslim perty. Even more worryingly, they Development, New Delhi. Mannika gratuitous sentence in its order that “the detenu shall, a homogenous group but there is a The BJP has extensively used is­ rhetoric of BJP leaders such as Mr. are once again looking to clerics Chopra is Managing Editor, Social however, at the time of release, tender an apology in strong preference and consolida­ sues such as national security, ter­ Adityanath, who portrayed the for succour whereas a few years Change, Council for Social Development writing”. The inclusion of an apology requirement gives the impression that the court was more concerned about cooling frayed tempers than about the blatant All out at sea  misuse of the law. Another disconcerting aspect is that the police continue to invoke Section 66­A. In January, India’s engagements in the Indian Ocean reveal a tactically proactive but strategically defensive mindset the apex court sought the Centre’s response on a peti­ tion that claimed that police officials were unaware that my (PLA) is planning an expansion Wuhan summit last year, some ob­ tructure in Kenya, Sudan, the section is no more on the statute book. As the main of its logistics base for non­peace­ servers believe India and China Tanzania and Mozambique have keeping missions, raising the pos­ are on a collaborative path. New grown at a steady pace, even as issue of freedom of expression thrown up by this case is sibility of an operational overlap Delhi’s silence on China’s continu­ PLAN has sought to expand its pre­ going to be heard in detail later, it is hoped the aberrant with the Indian Navy’s areas of in­ ing aggression in the South China sence in the western Indian developments so far will give way to a reasoned verdict. terest. As some see it, Djibouti por­ Sea, and Indian warships being Ocean. In response, India has A bhijit Singh tends a future where China would sent for the Chinese fleet review in moved to deepen its own regional control key nodes skirting impor­ Qingdao (in April) do suggest a engagement, seeking naval logisti­

Chasing stability tant shipping lanes in the Indian REUTERS conciliatory stance. Yet, reduced cal access to French bases in Reu­ Climate change and energy policies ndia is setting a high tempo of Ocean, allowing the PLA’s Navy tion to the counter­piracy mission visibility of Chinese submarines nion and Djibouti, where the se­ naval operations in Asia. In re­ (PLAN) to dominate the security off the coast of Somalia, humani­ does no t necessarily prove ab­ cond phase of ‘Varuna’ will be are top of the agenda in Australia’s elections Icent weeks, a series of bilateral dynamic. tarian assistance and disaster re­ sence. The truth, as some point held later this month. ustralian Prime Minister Scott Morrison may exercises with regional navies in Meanwhile, South Asian navies lief (including in cyclone­hit Mo­ out, is that PLAN is on a quest to Yet, India’s Indian Ocean focus have, in a manner of speaking, already scored a the Indian Ocean have demon­ have been making their presence zambique) has been substantial, a master undersea ‘quieting’ tech­ makes for an essentially defensive Apolitical victory ahead of the May 18 election. strated the Indian Navy’s resolve felt in the seas of the subcontinent. paucity of assets and capacity has nologies and its new submarines posture. Notwithstanding im­ to preserve operational leverage in In a quest for regional promi­ forced the N avy to seek partners are stealthier than ever. The rea­ provements in bilateral and trilat­ Few had expected the socially conservative politician to India’s near seas. In April, in their nence, Sri Lanka has positioned it­ willing to invest resources in joint son they are not being frequently eral naval engagements, it hasn’t last out the remainder of Parliament’s term when he biggest and most complex exer­ self as a facilitator of joint regional security endeavours. sighted is because Chinese subma­ succeeded in leveraging partner­ took over as Prime Minister in August following a coup cise, Indian and Australian war­ endeavours, expanding engage­ Partnerships are vital to the In­ rines are quieter and craftier than ships for strategic gains. With In­ within the ruling Liberal party. In the past, the country ships held drills in the Bay of Ben­ ment with Pacific powers which dian Navy’s other key undertak­ earlier. dia’s political leadership reluctant has seen many heads of government toppled. That said, gal. This was followed by a includes the Royal Australian Navy ing: deterring Chinese undersea For its part, China has been to militarise the Quadrilateral Saturday’s election may not prove an easy ride for the much­publicised anti­submarine and the U.S. Navy. With China’s as­ deployments in South Asia. For downplaying its strategic interests grouping or to expand naval oper­ former marketing executive. The polls may not signal exercise with the U.S. Navy near sistance, Pakistan too is becoming New Delhi, China’s expanding sub­ in South Asia. It is concerned that ations in the Western Pacific, the Diego Garcia. Last week, the In­ an increasingly potent actor in the marine forays in the Indian Ocean too much talk about its growing power­equation with China re­ an end to the political instability that has dogged Aus­ dian Navy held a joint exercise ‘Va­ northern Indian Ocean, a key re­ indicate Beijing’s strategic ambi­ naval power could prove detri­ mains skewed in favour of the lat­ tralian politics of late. From combating climate change runa’ with the French Navy off the gion of Indian interest. Beijing has tions in India’s neighbourhood. mental to the cause of promoting ter. to shaping energy policy, Mr. Morrison’s Liberal party is coast of Goa and Karwar. even as also been instrumental in streng­ Experts reckon PLAN has been the BRI. Alarm at the recent BRI For all its rhetoric surrounding a divided house between moderates and conservatives. two Indian warships participated thening the navies of Bangladesh studying the operating environ­ summit over Chinese ‘debt traps’ the ‘free and open Indo­Pacific’, These differences were manifest in the ousting of Mal­ in a ‘group sail’ with warships and Myanmar, both increasingly ment in the Indian Oceanin a larg­ has led Beijing to revise some in­ New Delhi is yet to take a stand on colm Turnbull last year and continue to elude a resolu­ from Japan, the Philippines and active participants in regional se­ er endeavour to develop capabili­ frastructure projects. India’s refu­ a ‘rules­based order’ in littoral­ tion. The world’s driest inhabited continent is confront­ the United States on return from a curity initiatives. In these circum­ ties for sustained operations in the sal to participate in the BRI may Asia. A wariness for sustained op­ ing its own vulnerability to the effects of global fleet review in Qingdao. stances, India has had little option littorals. As a result, the Indian Na­ have also prompted China to reth­ erations in China’s Pacific back­ For many, the trigger for India’s but to intensify its own naval en­ vy’s recent bilateral exercises have ink its economic and military stra­ yard has rendered the Indian Na­ warming. Australia, among the world’s largest wheat newfound zeal at sea is the rapid gagements in South Asia. focussed on under­sea surveil­ tegies in the Indian Ocean. vy’s regional strategy a mere ‘risk exporters, has been forced to take recourse to bulk im­ expansion of China’s naval foot­ lance and anti­submarine warfare. management’ tactic, with limited ports of the grain, consequent to severe droughts in its print in the Indian Ocean. Beyond Partnerships are key To be sure, sightings of Chinese African focus approach to shape events in litto­ eastern states over two years. Mr. Morrison, a suppor­ commercial investments in Pakis­ Widely acknowledged as the most submarine sightings have de­ Even so, Beijing hasn’t indicated ral­Asia. ter of coal­generated power, may also find his hardline tan and Sri Lanka, China has esta­ capable regional maritime force, creased, which has led some to any change of plan in West Asia stance on immigration difficult to defend in the wake of blished a military outpost in Dji­ the Indian Navy has played a pro­ conclude that Beijing is moving to and the east coast of Africa, where A bhijit Singh is a former naval officer. the terrorist attacks in neighbouring New Zealand. bouti, a key link in Beijing’s Belt minent role in the fight against scale down its maritime opera­ most of China’s energy and re­ He heads the Maritime Policy Initiative at and Road Initiative (BRI). Reports non­traditional challenges in the tions in the Indian Ocean. After a source shipments originate. Chi­ the Observer Research Foundation in The opposition Labor party seems to enjoy an edge suggest the People’s Liberation Ar­ Indian Ocean. While its contribu­ ‘reset’ of sorts in ties following the nese investments in port infras­ New Delhi over the governing centre­right Liberal­National coali­ tion, according to opinion polls. Its leader, Bill Shorten, LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. has rallied the party during its time in the opposition in the last six years. Labor’s advantage stems from its pro­ mise of a living wage, tighter regulation and ambitious A monsoon low management in India is still mar Shah’s Kolkata rally”, College is deplorable and Ishwar Chandra Vidyasagar, discipline. I found him targets on carbon emissions. A 45% reduction in carbon Across the world, fresh an esoteric subject. May 15). The spate of only an impartial inquiry will a Renaissance man, and are involved in his academic water resources are Ceekay Ramani, violence during this general pin responsibility. Wilful only intent in creating pursuits even when he faced emissions on 2005 levels by 2030 is part of its manifes­ depleting rapidly. As far as Mumbai election shows that while the provocation of peaceful unrest. A bust going bust has personal problems. to, aimed at appealing to Australia’s growing number of India is concerned, this is Left appears to have taken a people professing different now become an issue. Extending legal aid to the green voters. Conversely, the pro­business credentials bad news for the farm ■ India could be in trouble backseat, parties such as the political ideologies from that Vidyasagar would be happy if poor was dear to him. of Mr. Morrison’s Liberal­National coalition are said to sector as the monsoon and this is the right time to Trinamool and the BJP are at of the ruling party should the political class pays heed V.A. Vasudevaraju, have been steadily eroded as the government has re­ forecast does not appear to reason with people about the the fore in indulging in not be condoned. It is odd to his ethics and ethos. Pyuducherr neged on its promise of corporate tax cuts. The package be optimistic (Page 1, effectiveness and necessity of poll­related violence. The that intellectuals and the G. Bhattacharyya, K olkata of measures unveiled in the pre­election budget in April “Southwest monsoon likely rainwater harvesting to ugly events in Kolkata on media have failed to Man of the match to set in over Kerala on June ensure reasonable Tuesday evening are a blot condemn the provocation Details that CSK batsman may only have a moderate impact. As with several in­ 4, May 15). It is worrying groundwater recharge this on democracy; election and only jumped in to Public spirited Shane Watson continued to dustrialised democracies, voter disillusionment with that a private weather season. It is still miles to go campaigns are not the deplore the consequences of During N.R. Madhava bat in the IPL final with a the principal parties is yielding a fragmented polity, forecasting agency says as far as government water prerogative of any single the political conflict without Menon’s stint in Pondicherry gashed knee and played a and smaller parties and independents could potentially central India, the country’s management projects are party. The State government going into the history of the as the founding principal of heroic innings, but in vain, tilt the balance of power in the Senate, which is crucial rice bowl, is expected to see concerned. too has not covered itself in conflict. It is no wonder then the Government Law are astounding. Had he not for the passage of legislation. With consistent economic the lowest rainfall in the S. Srinivasan, glory by attempting to create that their contribution College, I had opportunities been ‘run out’, he would growth and modest levels of unemployment, Australia region. As there is no Chennai hurdles for its rivals. towards a peaceful Bengal is to interact with him and, at a have taken CSK past the has had a remarkable track record in recent decades. provision to tap excess C.V. Aravind, almost nil. later stage, when the winning post. At 37, Watson water that may result in one In Kolkata, on Tuesday Bengaluru Maitreyee Moitra, National Law School in has exhibited rare verve and This scenario is in stark contrast to the incessant polit­ region — the agency says Time was when all incidents Kharagpur, West Bengal Bengaluru was set up (OpEd grit (‘Sport’ page, May 15). ical swings that impede the legislative agenda. What is this will be in Odisha and of violence in Kolkata, and ■ The incidents point to how page, “The Madhava Menon K. Pradeep, without doubt is that the turnout will be high at the Chhattisgarh — precious West Bengal for that matter, educational institutions have ■ Some people and leaders model of legal education”, Chennai polls, as voting is compulsory for registered voters. water is sure to be lost. It is were laid at the door of the become heavily politicised. give not a tuppence for the May 14). We need a Madhava more letters online: clear that water Communist parties (“Clashes The vandalism at Vidyasagar teachings and philosophy of Menon in every academic www.hindu.com/opinion/letters/

CM A ND-NDE YK THE HINDU DELHI THURSDAY, MAY 16, 2019 OPED 9 EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE The need for judicial restraint The rise of the BJP in West Bengal Lawmaking is not the job of the judges, but of the legislature How it slowly gained strength to become the Trinamool’s main opponent

most of whom are now Trinamool acti­ vists, awakened a sleeping giant. For the RSS­BJP combine that has been try­ ing to sell the difference between Ban­ gladeshi Hindus (“migrants”) and Mus­ lims (“infiltrators”), especially in the Markandey Katju & Smita Gupta border districts, and the dangers of Aditya Manubarwala what they call a “demographic imba­ lance that can affect social harmony”, The most vitriolic exchanges this elec­ this was a perfect moment for take­off. The recent trend in the Supreme Court tion season have perhaps been bet­ It took Ms. Banerjee time to see that is to rely more on the sociological ween Prime Minister Narendra Modi her party was being branded by the BJP. school of jurisprudence and less on the and West Bengal Chief Minister Mamata She had already been financing puja positivist school. In other words, the Banerjee. The fierce contest in West committees. Now she began to patro­

court is resorting more to judicial acti­ Bengal is reflected in the voter turnout, PTI nise Ram Navami processions and Ha­

vism rather than judicial restraint, DEEPAK HARICHANDAN which is the highest in the country in numan Jayanti. One TMC candidate was which is problematic. This is seen in its this election so far. shokti. So, those who want to end Tri­ found posing on a poster that had a fly­ recent judgment on ordering time li­ gives wide discretionary powers to this role not in exceptional circum­ Indeed, just eight years after Ms. Ba­ namool rule have to vote for the BJP. ing Hanuman, and another was photo­ mits to burst firecrackers on Diwali, judges to make laws. stances, but in its everyday functioning. nerjee’s Trinamool Congress (TMC) Only the BJP can protect their votes.” graphed campaigning with workers which is a function of the legislature; its Sociological jurisprudence and natu­ Of all the three organs of the state, it is brought the Left Front government’s 34 The Left Front’s steady decline and the holding ‘Jai Sri Ram’ banners. A young judgment on linking rivers, for which ral law have the same problem. Kelsen only the judiciary that can define the li­ years of uninterrupted rule to a dramat­ Congress’s near annihilation has en­ TMC worker told me that he now had there is no parliamentary legislation; argued that with natural law, one can mits of all the three organs. This great ic end, a road journey through West sured that those disappointed with the “Hindutva inside him”, indicating that and in its unpredictable decisions in prove everything and nothing, and Ben­ power must therefore be exercised with Bengal makes it evident that there is a TMC­promoted culture of violence as he had made an ideological crossover. cases relating to freedom of speech and tham regarded natural law as meta­ humility and self­restraint. new rising star here, the Bharatiya Jana­ well as the State government’s inability expression, such as the recent one in physical nonsense. Similar criticisms ta Party (BJP). In most constituencies, it to tolerate dissent can look to the BJP A belated realisation which a BJP Yuva Morcha leader was can be made of sociological jurispru­ In rare circumstances is a direct fight between the TMC and now. If anger had been gradually build­ Meanwhile, many Left supporters, asked in the bail order to apologise for dence, which the Supreme Court seems The usage of sociological jurisprudence the BJP, while in a handful, the Commu­ ing up against the TMC, it became appa­ brought up on years of bloody battles sharing a meme, despite the guarantee to be relying on. In other words, the can be justified in very rare circum­ nist Party of India (Marxist) or the Con­ rent in the 2018 Panchayat elections. with the TMC and encouraged by their in Article 19(1)(a) of the Constitution. court can lay down anything as law ac­ stances, such as in the Supreme Court’s gress is still in contention. For the first time, non­ruling party can­ leaders who are still targeting Ms. Ba­ cording to its own subjective notions. decision to strike down Section 377 of didates found themselves barred from nerjee rather than the BJP, are openly Types of jurisprudence Positivist jurisprudence places heavy the Indian Penal Code. No organisation, a lot of strength even filing nominations in 34% of the saying that in this election they will vote According to the positivist theory laid reliance on the literal rule of construc­ In Griswold v. Connecticut, Justice This is remarkable for the BJP, which is seats. Not surprisingly, the BJP emerged for the BJP to rid the State of the TMC. down by jurists such as Jeremy Ben­ tion, because departing from it would Hugo Black of the U.S. Supreme Court still a work in progress in the State. The second, even though it was distant from Belatedly, some CPI(M) senior leaders tham and John Austin in the 18th and give a free handle to each judge to de­ warned that “unbounded judicial crea­ party does not have much of an organ­ the TMC. have realised the ideological short­ 19th centuries, and continued by H.L.A clare the law according to his own no­ tivity would make this Court into a day­ isation in West Bengal, nor sufficient sightedness of a campaign that has de­ Hart, Hans Kelsen and others in the tions, and this would result in legal to­day Constitutional Convention”. In candidates from its own ideological Making inroads into the State scribed the TMC and the BJP as two 20th century, law is to be distinguished anarchy. For example, the Second Judg- his book, Nature of the Judicial Process, pool. For many constituencies, it has The BJP’s entry into the State is not sud­ sides of the same coin. Former Tripura from morality and religion . However es Case (1993) and Third Judges Case Justice Cardozo of the U.S. Supreme had to seek out disgruntled persons den, even if its 2014 victory in the gen­ Chief Minister Manik Sarkar, who lost bad a particular legislation is, it is law at (1998), which created the collegium sys­ Court wrote, “The Judge is not a knight from other parties to be its nominees. eral election widened its appeal in the last year’s Assembly election to the BJP, the end of the day, provided it emanat­ tem of appointment of judges, were not errant roaming at will in pursuit of his Across the State, the party’s offices are State. Local RSS activists stress that RSS said recently: “To gain freedom from ed from a competent legislature (ac­ based on any provision in the Constitu­ own ideal of beauty or of goodness”. just coming up. In South 24 Parganas, founder, K.B. Hedgewar, studied medi­ the TMC, don’t make the mistake of cording to the earlier natural law theo­ tion. Article 124, which prescribes how And as Chief Justice Neely of the West for instance, a recently bought three­ cine in Calcutta, and that his early inspi­ choosing the BJP. It will be a blunder.” ry, bad law was not law at all). Supreme Court judges are to be ap­ Virginia State Supreme Court observed: storey building overlooking a pond ration came from the State. They also Former West Bengal Chief Minister In positivist jurisprudence, the pointed, does not talk of any collegium “I have very few illusions about my own smells of fresh paint . The cubicles are stress that Syama Prasad Mookerjee Buddhadeb Bhattacharya told the CPI centre of gravity of the legal system is system. Yet, it is the collegium which limitations as a Judge. I am not an ac­ being readied. Saffron­coloured chairs was born in Calcutta. Senior RSS acti­ (M) mouthpiece Ganasakti, “There is statutory law, i.e., law made by the le­ decides the appointment of judges, des­ countant, electrical engineer, financier, are stacked on shiny floors. One wall is vist Dhanpat Ram Agarwal talks of at­ no use in leaping from a TMC frying pan gislature. It holds that lawmaking is not pite the founding fathers of the Consti­ banker, stock broker, or systems man­ painted saffron, and against it, fibre tending a shakha in the early 1960s in into the BJP’s fire . In some places, the the job of the judges, but of the legisla­ tution not envisaging the same anywh­ agement analyst. It is the height of folly glass busts of Bharatiya Jana Sangh (BJS) Siliguri where he grew up. Conversa­ danger is already present. Our task is to ture. Hence, judges should be res­ ere. In fact, despite the unanimous will to expect judges to intelligently review founder Syama Prasad Mookerjee and tions reveal that Hindu right­wing or­ bring back the people from this self­ trained and not activist in their ap­ of Parliament in favour of the National a 5000 page record addressing the in­ Rashtriya Swayamsewak Sangh (RSS) ganisations have been working in West destructive mode.” But the warnings proach. In view of the well­established Judicial Appointments Commission tricacies of a public utility operation. It ideologue Deen Dayal Upadhyaya flank Bengal for more than six decades. They have come too late. principle of separation of powers of the (NJAC), the Supreme Court declared the is not the function of a judge to sit as a a statue of Bharat Mata. worked first with Marwari traders and Ms. Banerjee, fighting possibly the three organs of the state, judges should NJAC Act to be unconstitutional on the super board or with the zeal of a pedan­ But what the BJP does have in plenty migrants from eastern Uttar Pradesh toughest battle of her political career, not perform legislative or executive grounds that it would affect the judi­ tic schoolmaster substituting his own in West Bengal is money. This is a new and Bihar, in Kolkata’s Burrabazar, in remains popular in rural Bengal, where functions, and each organ of the state ciary’s independence. judgment for that of an administrator.” element in West Bengal politics, where the State capital’s industrial hinterland people continue to make a distinction should remain within its own domain, In recent times, the Supreme Court The Supreme Court should limit its long years of Left rule ensured — and where the jute mills were situated, and between her and her workers. Many of in order to avoid chaos. has increasingly adopted the sociologi­ usage of the sociological school of juris­ encouraged — financial austerity. The in north Bengal. By the late 1960s, the her welfare schemes have worked, and On the other hand, sociological juris­ cal school of jurisprudence in an ag­ prudence to only the most exceptional party also has a growing army of mus­ RSS began to insist that its meetings be the people are grateful. Muslims stand prudence, as developed in Europe and gressive manner. In a parliamentary de­ situations, and employ the positivist clemen, a staple for successful political conducted in Bengali. rock solid behind her. But the danger to the U.S. by jurists such as Rudolph Rit­ mocracy, the buck ultimately stops school as far as possible. parties in the State for at least half a If long years of Left rule pushed the her rule from the BJP is real and pre­ ter von Jhering, Eugen Ehrlich, Léon with the citizens, who are represented century. “The BJP has no shongothon Hindutva agenda underground, Ms. Ba­ sent. Ms. Banerjee realises it and conti­ Duguit, François Geny, Roscoe Pound by Members of Parliament. The Su­ Markandey Katju is a former Judge, Supreme (organisation) but it has the shokti nerjee’s overt wooing of Muslims, who nues to fight hard. and Jerome New Frank, shifts the preme Court was never envisaged to Court of India. Aditya Manubarwala is Law (strength) to take on the Trinamool,” constitute 28% of the population, centre of gravity of the legal system perform the role of an unelected, third Clerk-cum-Research Assistant at the Supreme says a former Left supporter. “The Left through ill­advised measures such as Smita Gupta is Senior Fellow, The Hindu Centre from statute to laws made by judges. It legislative chamber. Yet it is performing Court parties still have a shongothon but no providing a monthly stipend to imams, for Politics and Public Policy

CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC SINGLE FILE FROM ARCHIVES Rhetoric over real issues FIFTY YEARS AGO MAY 16, 1969 Nixon offers plan to end Viet Nam war Nationalism and Hindutva are the President Nixon offered last night [May 14, Washington] an 8­ talking points this election, not point plan to end the war in Viet Nam, and to determine its fu­ everyday matters like jobs ture political structure. Its basic terms called for mutual with­ drawals, according to an agreed time­table, of all foreign forc­ Akriti Bhatia es — U.S. and its Allies, as well as North Viet Namese — and a free voice for all political groups, including the Viet Cong, in This general election has largely deciding the complexion of the country’s post­war Govern­ been about optics, muscularity, ment. An international supervisory body, acceptable to both glamour and positioning. After sides, would verify the withdrawals, arrange the cease­fires the attack in Pulwama, Kashmir, and supervise the elections that would be held as soon as pos­ and the Indian air strikes in Bala­ sible after the first two events have occurred. Both parties kot, Pakistan, the election cam­ would agree to abide by the Geneva accords of 1954 and 1962 paign has been riding on a strong PTI relating to Viet Nam and Cambodia, and Laos respectively. anti­Pakistan sentiment and polit­ North and South Viet Nam would be free to negotiate reunifi­ icisation of the armed forces. At the same time, the cam­ cation. Mr. Nixon’s plan, which is understood to have been in paign across party lines has been more about actors, cricke­ the making for the last three months, was formally presented ters and other “non­political” personalities. As far as by the President in a special nationwide telecast. ideology is concerned, the BJP’s campaign is more explicitly about Hindutva politics now than it was in 2014. CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC The inherent paradox in the 2019 election is that alth­ DATA POINT A HUNDRED YEARS AGO MAY 16, 1919. ough each of the above has been used to appeal to the ordin­ ary citizen, policy matters that affect citizens directly in Victory March in England. their everyday life appear to have fallen by the wayside, in­ cluding healthcare, education, employment, working con­ To­day’s [May 3] victory march of the Dominions’ troops is the ditions, water, farming, prices and nutrition. Contrarily, this theme of editorial special articles which dwell on their glo­ campaign has sought to deepen majoritarian paranoia, by rious record retelling the stories of the battles in which they glorifying one community and demonising another, and were most prominent. As one writer says, “each Dominion through the negative politics of fear, anger and vendetta. contingent in its first action set itself to reach and reached The focus on negative politics is all the more surprising gi­ highest standard of desperate disciplined courage and though ven some of the positive work done by the incumbent go­ the ranks were refilled time after time by newcomers the same vernment. This includes the reach of gas cylinders, toilets, superb level of achievement was maintained”. It is pointed out roads, electricity and, to some extent, housing in rural that Victoria Cross was never so hard to win as in the recent areas, all of which have seen a considerable push in the Mo­ war, yet the number conferred was greater than the crosses di era. Why then has this election been ‘issueless’? gained by all arms in any previous campaign with the excep­ One can clearly witness the shift in the BJP’s own issue­ tion of the Indian Mutiny. A message from the King was hand­ based slogans of of the past five years like ‘Sabka Saath, Sab- ed to all members of the overseas forces on dispersal from pa­ ka Vikas’, ‘Beti Bachao, Beti Padhao’, and ‘Make in India’ to rade expressing heartfelt pride and gratitude in taking the more direction­less ones this time like ‘Main bhi chowkidar’ salute. and ‘Modi hai toh mumkin hai’. Does this framing reflect an intent to evade questions around the agrarian and job crisis? CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC Yet, anecdotal evidence suggests that many believe in the POLL CALL TINA (There Is No Alternative) factor. This indicates distrust in the Opposition’s leadership, in regional parties and ‘agen­ Casual vacancy da­less’ grand alliances. However, the danger here is that collective beliefs of this sort might make elected authoritar­ When the seat of a member of the Lok Sabha or the Rajya Sab­ ianism possible, leading to the delegitimisation of the feder­ ha or a State Legislative Assembly or a State Legislative Coun­ al structure of our democracy. cil becomes vacant, or when his or her election is declared This election is also not about party manifestos and local void, the constituency from where the member was elected candidates. Otherwise, citizens, irrespective of the political can vote for another person to fill up the vacancy. If the vacan­ party or ideology they support, would have objected more cy is in a seat reserved for Scheduled Castes or Scheduled strongly and widely to, say, people with criminal back­ Tribes, the person to fill that seat must also belong to a Sche­ grounds being given tickets. One thing is clear: this election duled Caste or Tribe, as the case may be. A by­election to fill is more about personality than ideology. According to a re­ up such a vacancy should be held within a period of six cent analysis of 35 speeches by Prime Minister Narendra Mo­ months from the date of the occurrence of the vacancy. di, the word he most often used was “Modi”. The real ques­ CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC tion and its answer then lie with the voters. What appeals to them the most this time: personality cults, charismatic dy­ MORE ON THE WEB 3 nasts and movie stars or issues and candidate qualifications? Growing up with the World Cup The writer is a Ph.D. Scholar at the Department of Sociology, Delhi School of Economics http://bit.ly/ThReadOnWC

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