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Then It Was Emergency Now It Is Democracy

The Emergency happened 43 years ago and both, Mrs Gandhi and the Congress, lost power because of it in 1977

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Then It Was Emergency Now It Is Democracy
Then It Was Emergency Now It Is Democracy. Pixabay
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An all-out war of words broke out last week between the BJP and the Congress on the 1975 Emergency. Observing June 26 as a ‘black day’, several BJP leaders targeted the Congress at events held across the country to highlight the Emergency’s excesses. Leading the charge with a sharp attack on the Congress was Prime Minister Narendra Modi. Addressing BJP workers in Mumbai last Tuesday, the prime minster said the country still refers to June 26 as a ‘dark period during which every institution was subverted and an atmosphere of fear was created’.

Without naming the Nehru-Gandhi family, Modi said the Constitution was misused at the behest of one family. He further went on to say that the mentality of the family had not changed even now after 43 years of the Emergency. ‘Whenever the family feared loss of power, it keeps shouting that the country is in crisis,’ the prime minister added. Expectedly, the Congress hit back with equally sharp criticism of the Modi government, equating Modi to Aurangzeb. It alleged that the prime minister was even crueller than the Mughal emperor as Modi has “enslaved democracy” in the country for the past 49 months with an “undeclared emergency”.

The 21-month period from 1975 to 1977, when the then prime minister Indira Gandhi had declared Emergency, was indeed a dark chapter in India’s democratic history. This was the third national Emergency – the first one was in 1962 when China invaded India and the second was in 1971 during the war with Pakistan – and the only one to be declared citing the “internal disturbances”.  During the 1975 Emergency, opposition leaders were arrested, civil rights curbed, elections postponed, anti-government protests crushed and press censored. It shook India to its core as the freedom to liberty, dissent and express ceased to exist. All this is well-known and in public domain. Therefore, what was so special about the 43rd anniversary of Emergency that the BJP observed as ‘black day’?

Bringing back memories of the Emergency days was clearly aimed at striking at the Congress’s weak spot. It was also meant to neutralise Congress president Rahul Gandhi’s frequent ‘murder of democracy’ gibes directed at the Modi government. This was not entirely unexpected in a pre-election year; neither was the Congress’s equally sharp response by likening Modi to Aurangzeb. As 2019 general elections approach, not only the political exchange between the two parties will gather momentum, but over the next 10 months, election-driven rhetoric, name-calling, inane allegations and historical debates will increase. Reminding Congress of the Emergency is just the beginning.

Congress on Friday promised to create one crore jobs across the southern state
Congress- wikimedia commons

While terming the Emergency as an ‘aberration’, the Congress has never expressed any remorse about the dark chapter in its history or condemned it. Claiming that during Emergency, Mrs Gandhi targeted the rich, black marketers, hoarders and zamindars is no justification for curbing civil liberties and press freedom and neutralising the opposition. The hesitation to admit Emergency as a major mistake has denied the Congress an opportunity to reassert its commitment to democratic values, though it was the primary builder of democracy in India after independence.

The Emergency happened 43 years ago and both, Mrs Gandhi and the Congress, lost power because of it in 1977. Since then, the Congress has ruled at the Centre several times without resorting to emergency measures. On the contrary, it has shown its commitment to democratic order and liberal values far better than the current BJP-led government. The Emergency of 1975 and the violations of civil liberties and press freedom were all real. But its parallels can be drawn with the contemporary situation, which is marked by erosion of institutional independence and integrity, rising intolerance and increasing mob violence which stems from the ideological support of the ruling party.

The right-wing assaults on constitutional institution and individuals’ democratic rights are for real, though there is no Emergency in force in India today. While conventional opposition leaders and parties have the liberty to become more than conventional Opposition and there is also the rising wave of resistance to right-wing assaults on individual rights and institutions, it is also true that there are whiffs of Emergency sentiments in the air and the strains of the Emergency doctrine and pulsations of fear are quite obvious. The Congress is not entirely off the mark when it accuses the Modi government of ‘undeclared emergency’ as the freedom of the media, people’s freedom of expression and their right to live without fear have come under new kinds of threats.

There is no overt press censorship but the government has tried to muzzle and manipulate the media through various means. A section of the media has either caved in to the fear of administrative power or fallen for the lure of money-power. Apart from the media, there have been sustained attempts to weaken and misuse other constitutional and non-constitutional institutions, including the judiciary. Interestingly, all this is happening when the BJP is in power and questioning the Congress’s commitment to the principles and practice of democracy, while the BJP has diluted its own commitment to the philosophy of parliamentary democracy, liberal values and press freedom.

This is quite surprising because while the taint of Emergency continues to haunt the Congress, the BJP, despite its proud status of a party whose leaders were at the forefront of the struggle against the Emergency 43 years ago, is not deterred to misuse the levers of power against its political opponents, ‘difficult’ sections of the media, and independent or ‘inconvenient’ voices that question the government on various issues. With scant regard for critical debate and plurality of views under the current ruling dispensation, what we are seeing now is some kind of a role reversal. Mrs Gandhi subverted institutions to retain power. The BJP is trying to do the same by weakening the same institutions.

Also read: India sends Emergency Fuel Supplies to Sri Lanka

The Emergency should serve as a warning to political parties: threats to democracy and people’s constitutional rights – either directly or indirectly – create resentment and negative public opinion against government. The Emergency created a unity among opposition parties that never existed before and became the cause of Mrs Gandhi’s defeat. It is too early to say whether the Modi government’s attempts to misuse democratic institutions for his party’s narrow interests and the right wing attacks on institutions and rights of citizens will help create similar kind of opposition unity, which will determine the outcome of 2019 elections. (IANS)

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What Would Be The Outcome Of The Judgement On Homosexuality With BJP At The Centre?

If parties like the BJP and "cultural" organisations like the RSS realise the value and motivation of such mindsets, they will desist from their present attempts to impose a straitjacket of their pseudo-religious identity on the nation.

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Ruling on gays: Is the BJP out of sync with modern realities? Flickr

More than the social impact of the Supreme Court’s judgment on homosexuality, what will be of concern to the ruling party at the Centre is its political fallout. Hence, the eloquent silence of the Bharatiya Janata Party (BJP) on the subject.

For the BJP and its ideological mentor, the Rashtriya Swayamsevak Sangh (RSS), any expansion of the concept of civil liberties is fraught with danger to their restrictive worldviews since a widening of human rights carries the prospect of greater individualism.

If the rights of the homosexuals to live without legal constraints are conceded, it can only encourage the people to free themselves of other restrictions as well such as on choosing live-in partners (of whatever sex) and eating, dressing and speaking as they please.

Homosexuality, India
SC decriminalises homosexuality, victory for gay rights. Pixabay

It is noteworthy that the verdict on gays has come close on the heels of the judgment which described the right to dissent as a “safety valve” which the government can only shut off at its peril lest there is an explosion.

Moreover, the court had also upheld not long ago the right to privacy which the government described as an “elitist” concept.

For the Hindu Right, as also for other religious fundamentalists, this dalliance with civil rights — the freedom to criticise the government, the exaltation of privacy and now the decriminalisation of homosexuality — entails a push towards liberalism and modernism which are anathema to any group which wants the society to be bound by shackles of orthodoxy and obscurantism.

It is ironic that although the Hindutva brotherhood speaks of decolonising the Indian mind, the two colonial laws which have long been its favourites are the section on homosexuality in the Indian Penal Code and on sedition.

Now that one of them is gone, there is little doubt that these closet followers of Britain’s 19th century politician Lord Macaulay — even as they decry the secular groups as “Macaulay’s children” — will hold on resolutely to the law on sedition as their only safeguard against the “anti-nationals” who, they believe, stalk the land.

Homosexuality
It is ironic that although the Hindutva brotherhood speaks of decolonising the Indian mind, the two colonial laws which have long been its favourites are the section on homosexuality in the Indian Penal Code and on sedition.
Wikimedia Commons

It is also possible that the saffronites will keep a hawk’s eye on any social problems that may arise because of the assertion of gay rights. As the BJP MP Subramanian Swamy has said, with eager anticipation, if a five-judge bench can overturn an earlier judgment in favour of criminalising homosexuality, a larger bench can undo the present verdict if gay bars begin to flourish and there is a rise in the cases of HIV (human immunodeficiency virus) infections.

Interestingly, what these judgments underline is how the judiciary is more attuned to the changing world than the elected representatives of the hoi polloi who often argue in favour of giving greater primacy to the legislature than the judiciary since they claim to represent the people while the judges are unelected denizens of an ivory tower.

However, one possible reason why MPs and MLAs, especially of the BJP, seem to be out of sync with the present-day world is the presence in their midst of a large number of criminal elements who can hardly be regarded as the most progressive sections of society.

For instance, of the 543 elected members of the Lok Sabha, of whom 186 have a criminal record, 63 belong to the BJP, followed by eight of the Shiv Sena, four of the Trinamool Congress and three each of the Congress and the AIADMK.

Homosexuality
Gay Pride Procession. Pixabay

What the Supreme Court judgment appears to have done is to persuade parties like the Congress, which usually hedges its bets lest it should fall on the wrong side of public opinion, to come out in the verdict’s favour, presumably because it senses that this judgment, more than any other, has become a touchstone in the matter of breaking out from the stranglehold of the past.

To distance a party from it, as the BJP is doing, will amount to virtually alienating the entire youth community. Even if a majority among them do not have homosexual instincts — according to official figures, there are 2.5 million gay people in India, but this may be an underestimate since, till now, it was unsafe for them to reveal their sexual orientation — the youths nevertheless see the ruling as an assertion of living life on one’s own terms and not be held hostage by the dictates of a society steeped in conservatism and of political parties which believe that their agenda can only advanced if the country is made forcibly to conform to khap panchayat-style social and cultural norms.

Also Read: Why JDU & BJP Coalition Will Remain Instant

To these youths, being or not being aware of homosexuality is of little consequence. What matters to them is to be able to make up their own minds and not be told by elders to abide by certain rules which are regarded as outdated by the younger generation.

If parties like the BJP and “cultural” organisations like the RSS realise the value and motivation of such mindsets, they will desist from their present attempts to impose a straitjacket of their pseudo-religious identity on the nation. (IANS)