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TODAY is WORSE than the 'EMERGENCY!'

Cedric Prakash Cedric Prakash
29 Jul 2024

India will never forget that infamous night of June 25, 1975, when Prime Minister Indira Gandhi declared a state of Emergency nationwide. During that dark chapter of the country's history, which lasted for a twenty-one-month period till March 21, 1977, civil liberties were suspended, freedom of speech and expression was totally muzzled, political opponents of the government and those who protested the Emergency were imprisoned, and human rights violations by those in power were the order of the day! The most obvious response for the people of India was to say (in the words of the world's people, in the aftermath of the horrors of the Nazi regime), "never again!" and to ensure that those dark days would never visit the country, at any time in future. Sadly, the reality today is worse than the 'emergency!'

In his path-breaking book, 'India's Undeclared Emergency', Bangalore-based legal luminaire Arvind Narrain presents an incisive and accurate analysis of how the Modi regime has ushered in, through direct and subtle ways, an undeclared emergency! Narrain is clear, through measures which reek of populism, polarisation and post-truth, the Modi regime is far more dangerous as constitutional propriety, the pro-people policies and the concern for the nation's future – are blatantly disregarded. It is clearly an authoritarian rule; there are several indicators to prove it. A short distance from India becoming a totalitarian state. The message is loud and clear: today is worse than the 'emergency!'

On February 4, 1948, under the stewardship of Home Minister Sardar Vallabhai Patel, the Indian Government banned the Rashtriya Swayamsevak Sangh (RSS). Mahatma Gandhi was assassinated by one of them on January 30. The unequivocal resolution of the government stated, among other things, that "undesirable and even dangerous activities have been carried on by members of the Sangh. It has been found that in several parts of the country individual members of Rashtriya Swayamsevak Sangh have indulged in acts of violence involving arson, robbery, dacoity, and murder and have collected illicit arms and ammunition. They have been found circulating leaflets exhorting people to resort to terrorist methods, to collect firearms, to create disaffection against the government and suborn the police and the military. These activities have been carried on under a cloak of secrecy…. In these circumstances, it is the bounden duty of the government to take effective measures to curb this reappearance of violence in a virulent form and as a first step to this end, they have decided to declare the Sangh as an unlawful association. Government has no doubt that in taking this measure, they have the support of all law-abiding citizens, of all those who have the welfare of the country at heart". So, when a few days ago, the Centre recently lifted a longstanding ban on government employees participating in activities associated with the RSS, they were clearly stating, without qualms of conscience, that today is worse than the 'emergency!'

In a hard-hitting exposé 'Democracy can die in daylight too' (The Hindu, June 13, 2019), Krishna Prasad, a former Editor-in-Chief of Outlook and former member of the Press Council of India writes, "When the media's darkest days — the censorship under Indira Gandhi's 21 months of Emergency — are invoked, LK Advani's quote that 'the press crawled when asked to bend' is airily recalled. But at least the media of the time was adhering to a formal order which had a start date and an end date. In the 21st century, it didn't take a presidential order for the 'feral beasts' to suspend their instincts, to look the other way, to stoke majoritarian fires, to fearlessly question not the ruling party but the Opposition, and usher in Modi 2.0". That was said five years ago. India's ranking in the World Press Freedom Index 2024 is a pathetic 159 out of 180 countries.

On July 18, 'The Editors Guild of India' (EGI) wrote a letter to Shri Rahul Gandhi, the Leader of the Opposition (LoP) in Parliament. The letter cites "concerns about legislative measures taken to control media over the past years." The EGI urged the opposition to raise questions in Parliament, highlighting the "increasing the increasing threat to fundamental freedom" and mentioned four legislations with their limitations: Digital Personal Data Protection Act 2023; Broadcasting Services Regulation Bill 2023; Press and Registration of Periodicals Act 2023; and amended IT Rules 2021. Freedom of speech and expression is being throttled in India as never before. Indeed, today is worse than the 'emergency!'

In India, during the Hindu month of 'Shravan', a large number of Hindu devotees travel from various places with 'kanwars' (two pitchers tied on either end of a bamboo pole), carrying holy water from the River Ganges to perform 'Jal Abhishek' of Shivlings. Recently, the Governments of Uttar Pradesh and Uttarakhand brought out an extremely pernicious order, demanding that all eateries where the pilgrims would journey compulsorily display the names of their owners. Such orders are blatantly unconstitutional, reminding one of the discriminatory policies of Hitler's Nazi regime and the apartheid of South Africa. Thanks to enlightened citizens like Aakar Patel, Apoorvanand Jha and others, these directives were challenged in the Supreme Court. On July 22, in an interim order, the judges of the Supreme Court prohibited the enforcement of the Uttar Pradesh and Uttarakhand directives, stating, "Until the returnable date, having regard to the above discussion, we deem it appropriate to pass an interim order, prohibiting the enforcement of the above directives." In other words, the food sellers may be required to display the kind of food they serve to the Kanwariyas but must not be forced to disclose the names/identities of the owners or the employees. A powerful statement indicating that today is worse than the 'emergency!'

On July 17, the National Alliance of People's Movements (NAPM), in a detailed statement (with irrefutable facts and figures), strongly condemned the spree of mob lynchings of minorities across the country after the declaration of Lok Sabha election results on June 4. The NAPM demanded a fair investigation, stringent and prompt action against the perpetrators in all these cases, and complete support, safety, and compensation to the aggrieved families. They also called for the withdrawal of the FIR filed against UP-based journalists for merely reporting cases of mob lynchings. They added that, while the BJP Government has received a weakened mandate in the elections, the social poison of communal hatred continues to remain a major challenge, which the NAPM and many others are convinced needs to be unitedly resisted. The mob lynchings of minorities only prove that today is worse than the 'emergency!'

Ever since Modi assumed power in 2014, there have been incessant attacks on the minorities of India, particularly on Muslims, Christians and Sikhs. Those belonging to minority communities are attacked, and their institutions are destroyed. Hate speeches denigrating and demonising minorities are the rule of the day, even during the election campaign speeches of Modi! The anti-conversion laws in several BJP-ruled states are draconian and unconstitutional. Some governments have blatantly anti-minority policies. Minorities are also denied employment opportunities in the government. According to a recent report released by an advocacy group, there are at least two attacks per day on Christians and their institutions. On June 26, releasing its annual 'International Freedom of Religion Report 2023' in Washington, U.S. Secretary of State Blinken stated, "In India, we see a concerning increase in anti-conversion laws, hate speech, demolitions of homes and places of worship of members of minority faith communities". All this demonstrates that today it is worse than the 'emergency!'

For more than a year now, since May 3, 2023, tribals (who are mainly Christian) in the State of Manipur have been at the receiving end of a vicious Government! Even today, more than thirteen months later, the violence continues unabated: many are killed, and many more are injured; thousands (particularly the Kuki-Zo people) are living as refugees elsewhere. Their houses and places of worship are destroyed. Their land has been taken away from them! That the State and Central Governments are responsible for the ongoing violence in Manipur leaves no one in doubt. They have shown no iota of political will to quell the violence and restore law and order in Manipur, which is clear proof that today is worse than the 'emergency!'

Whilst India boasts of producing some of the richest persons in the world, the fact is that vast sections of the society still do not have access to roti-kapda-makaan (food-clothing-shelter) and other basic amenities of life; many are still below the poverty line. The gap between the rich and the poor grows wider every day! Unsurprisingly, in the Global Hunger Index 2023, India was placed at an abysmal 111 out of 125 countries surveyed! The Adivasis/Tribals (Indigenous people), who constitute a sizable section of India's population, are denied their jal-jungle-zameen (water-forests-land) and other legitimate rights. Thousands of them are displaced because of mega-projects. Primary education in the remote tribal villages is non-existent, and so is medical care for them; many tribals have to migrate to urban areas / other States in search of employment. Besides them, most migrant workers continue to be excluded and exploited! The plight of the Dalits, the OBCs leave much to be desired; untouchability is practised everywhere; manual scavenging still exists; the reality of the safai kamdars (those who clean the sewage tanks) is pathetic. These and other vulnerable sections of society are testimony to the fact that today is worse than the 'emergency!'

Just before his arrest on October 8 2020, in a video message that went viral, Jesuit Fr Stan Swamy said, "What is happening to me is not something unique happening to me alone. It is a broader process that is taking place all over the country. We are all aware how prominent intellectuals, lawyers' writers, poets, activists, students, leaders, they are all put into jail because they have expressed their dissent or raised questions about the ruling powers of India. We are part of the process. In a way I am happy to be part of this process. I am not a silent spectator, but part of the game, and ready to pay the price whatever be it." Fr Stan was incarcerated in the Taloja jail. He was accused of being a part of the Bhima-Koregaon conspiracy case with about fifteen others. A charge he vehemently denied, and there is enough evidence today to prove that he is innocent! His death on July 5 2021, whilst still incarcerated, is 'institutional murder'!

Human rights defenders, journalists, activists, academics, NGOs and others who take a stand for justice and have the courage to speak truth to power have had to pay a heavy price. Many from civil society have had to face the wrath of a vicious and vindictive regime. These include, besides those in the Bhima-Koregaon case, the likes of Teesta Setalvad, Sanjiv Bhatt, R.B. Sreekumar, G. N. Saibaba, Umar Khalid, Medha Patkar, Arundhati Roy, Sheikh Showkat Hussain and several others. This regime brooks neither dissent nor criticism, proving that today it is worse than the 'emergency!'

There is a whole range of anti-people, draconian laws/ policies which have been hurriedly pushed through. These include the new Criminal Laws, the Citizenship Amendment Act, the National Education Policy, the anti-conversion laws, the anti-farmer (pro-corporate) farm laws, the four labour codes, the Forest Conservation Amendment Act, the Uniform Civil Code passed by the State of Uttarakhand, the 'One Nation, One Election' report. All these have been designed, in tone and letter, to decimate the Constitution, to take away the rights of the people. There is no doubt that today is worse than the 'emergency!'

The Environment is in a shambles! In the 2024 Environmental Performance Index, India was ranked last 176 out of 180 countries! The destruction of precious forest lands and bio-diversity to cater to so-called 'development' projects contributes immensely to the climatic changes one experiences today. The 2023 Forest (Conservation) Amendment Act provides that the de-reservation of reserved forests, use of forest land for non-forest purposes, assigning forest land by way of lease or otherwise to private entities, precious water bodies in the urban areas are land-filled, causing floods. Most major rivers in the country are polluted; there is over-dependence on fossil fuels. Even today, coal blocks are auctioned to crony capitalist friends of the government. Sections of the corporate sector, particularly the mining mafia, have no qualms of conscience in depleting precious natural resources with the sole desire of profiteering. Today is worse than the 'emergency!'

Corruption is mainstreamed in the country; practically nothing can be done without greasing the palms of those at the control wheels. Politicians from opposition parties are easily bought up. The ruling regime has made mindboggling amounts of money through demonetisation and the sale of electoral bonds (EB). Corruption has become the new normal in India. The massive and unprecedented scam of the Electoral Bonds rocked the nation a short while ago! Fortunately, the judgement by the Supreme Court on February 15 exposed the corruption and lack of transparency and accountability of the current regime. Through the EB, they have amassed huge amounts of money. The State Bank of India (SBI) had to furnish the complete details to the Apex Court by March 6. In a blatantly corrupt manner, on March 4, the SBI petitioned the SC for an extension till June 30 to provide these details! In accordance with law, the Apex Court dismissed the petition and the SBI had to comply with the order or face charges of contempt of court. They finally provided the data on March 12. On March 14, the Election Commission uploaded some details on their website. The SC again came heavily down on the SBI on March 15 for not revealing complete details of these bonds. Transparency International ranked India 93 out of 180 countries in the Corruption Perception Index (CPI). The BJP regime under Modi must be the most corrupt among the world democracies, reiterating the fact that today is worse than the 'emergency!'

This regime has compromised and corrupted constitutional and independent authorities like the Election Commission (ECI), the Enforcement Directorate (ED), the Central Bureau of Investigation (CBI), the National Investigation Agency (NIA), the National Human Rights Commission, the police and even sections of the judiciary. A new incisive report released by #votefordemocracy (VFD) analyses the manipulation and misconduct during voting and counting in the recently concluded General Elections 2024. With evidence, the report shows that the ECI was in the pocket of the BJP. The elections were clearly stolen from the people of India in at least 75 seats, reaffirming that today is worse than the 'emergency!'

In Parliament, the opposition is not allowed to speak freely: they are shouted down, or the mike is muted. The body language of the Speaker of the Lok Sabha, particularly towards the opposition, is one of hostility. Important remarks are expunged whereas the treasury benches are allowed to get away with lies, half-truths and venom! Essential and critical debates on pressing issues which impact the people of India are not allowed! If elected representatives of the people are not allowed to make the people's voices heard in Parliament, it means that today it is worse than the 'emergency!'

The joke is that, a few days ago, the Home Minister, speaking on behalf of the government, declared June 25 will be observed every year as 'Samvidhaan Hatya Diwas', which loosely translates to 'the day the Constitution was killed.' Pathetic indeed! If the Constitution was 'killed' almost fifty years ago, what was the BJP doing since 2014, when Modi took charge? Does that mean they were running the country without a constitution? They have indeed reached such a low level of fascism that they are unable even to think rationally and objectively! Instead, they need to realise that today is worse than the 'emergency', and it will continue to be so, till the day they and their ilk, like the evil Holika, are consigned to oblivion!

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