With freedom of the country and later coming in to being of Indian Constitution, India became a secular democratic republic. At the same time the breakaway Pakistan’s founder Mohammad Ali Jinnah, in a speech in Pakistan Constituent Assembly also declared that Pakistan would be a secular state. Soon enough after the death of Jinnah the logic of partition took over and Pakistan in due course was declared the Islamic Republic of Pakistan. Same Pakistan, which came to be formed in the name of Islam, broke into Bangla Desh and Pakistan on the ground of language and geography among other reasons. India progressed to be a secular state; has been trying to uphold the values of secularism. Despite many hiccups, its attempt to keep alignment with secular values has been there until couple of decades ago, when the issue of Ram Temple raked up along with an assertion that India is a Hindu Rashtra. Sectarian nationalists have been asserting that, the secular values and Indian Constitution are not as per the ethos of this country and so the Constitution be changed to pave the path for Hindu Rashtra (Nation).
The lopsided partition of India, formation of Pakistan in the name of Islam on one side and secular India on the other was the accepted historical fact at that time. With the assertion of Hindu nationalism, many of those who should know better are also not able to fathom the historical events in the correct light and its complexity. This came to surface yet again, when the judge of Meghalaya, Justice Sen, in a judgement related to a petition related to domicile certificate made comments that, as India was partitioned on the ground of religion and Pakistan was formed for Muslims, India should have been declared as a Hindu Rashtra. When faced with criticism he did say that he does believe in secularism and that India should not be further divided based on religion or caste.
How do we see such utterances from such learned judges and their likes? The history of India’s freedom movement and partition has been misrepresented times and over again. It shows that popular perceptions of the causes of partition tragedy do not present the real dynamics of the phenomenon and the massive tragedy of mass migration, which followed that partition process. The subcontinent continues to suffer from the after effects of partition in various forms. While in India, it is presumed that it was the separatism of Muslims, which led to partition, In Pakistan it is presumed that Muslims have been a nation since the time Mohammad bin Kasim ruled in Sind in eighth century, and that formation of Pakistan was needed to overcome the domination of Hindus.
Both these are mirror image views, which are very superficial and present the viewpoints of communal sections of society. Majority of Muslims and Hindus did stand for composite Indian nationalism, as represented by Indian National Congress (INC) led by Gandhi. These were the views of those who, which led the, anti-colonial movement, the movement for India’s independence. With the rise of freedom movement which represented the longings of the newly emerging social classes of industrialists, businesspersons, workers, and educated classes who aspired for a democratic society. They veered around, INC, Gandhi. The freedom movement had two aspects. One was to oppose the British rule and the other was to build modern India founded on the values of Liberty, Equality and Fraternity.
At the same time, the feudal elements, declining classes, started opposing the process of making of modern India and opposing the anti-colonial movement. These declining classes were steeped in the values of birth-based inequality, hierarchy of caste and gender. They in due course; separated in the name of religion. British policy of ‘Divide and rule’ played major role in separation of elements of feudal origin in the name of religion. First, Muslims elite was encouraged and they formed Muslim League and the remaining Hindu elite grouped themselves into Punjab Hindu Sabha and later Hindu Mahasabha. Interestingly only kings and land-lords were part of these organizations in the beginning.
For the immediate attention of the Governor
It is an oft-repeated story. The winter’s only blessing and charm—snow—always turns into curse in Kashmir. People, who, generally, crave for the snowfall in winter, rue when it actually happens. Not that there is something wrong with the aesthetic and arty sense of the people, but because of the problems they are subjected to after the snowfall. It goes without saying that the snow is the only attraction for people in winter. This year God has been quite gracious to bestow His blessing on Kashmir in the shape of snow. It is for the third time that the valley witnessed a rich snowfall adding a new charm to this beautiful part of the world. The entire valley and its surrounding mountain peaks give a striking charm with white snow capping and covering them all. Social media is agog with photographs and videos of snow accumulating on streets, house lawns, trees and house tops. Videos capturing citizens celebrating the snow fall with awesome charm gave a new meaning and sense to the winter. The whisper of swirling and falling snowflakes evoked a sense of extra delight, marking the arrival of a new feeling to hold onto, this charm captures the imagination and beauty of winter. The snowfall gave a respite to the valley people in some other way as well. The valley had been reeling under harsh cold coupled with dryness causing serious problems like scarcity of water as water bodies and taps had got frozen under sub zero temperature. The snowfall has lessened these problems to some extent. But the peoples’ joy, as always, proved short-lived as new and more problems serious in nature and consequences are staring at their faces. In fact the problems of the people begin with the fall of the first flake of the snow. Power and road connectivity are the first to become the casualties, exposing the traditional lackadaisical and easygoing attitude. As the authorities were yet to overcome the problems that overtook the valley due to January 7 snowfall, this week’s snowfall (on Wednesday) came as another ruse for them to conceal their worthlessness.
Kashmir is snow prone region since its existence. It is not something unexpected or unforeseen has happened. The basic question is why the power supply system is so fragile that three or four inch snow dashes it to the ground. Kashmir is not the only place where there is snowfall. But Kashmir is the only place where everything gets buried under snow—the government in the very first place. Snow falls every winter in Kashmir, and the problems get repeated every time there is a snowfall. The government should have taken all this into consideration well before the time, and efforts should have been made to make maximum of the minimum. But here everything goes in reverse direction. It is not only the power supply that has affected the lives of the people. The road connectivity has also got badly affected in the wake of the snowfall. Most of the roads and streets in capital Srinagar are under snow. Nobody from the Municipality or Public Works department is seen anywhere on the streets clearing or monitoring the road clearance. Srinagar Municipal Corporation, which has an army of people to meet such eventualities, appears to be under deep slumber.
What has made the situation even worse is the water logging on crucial city centers. The exhibition chowk, Jahangir Chow, Hari Singh High Street, Lal Chowk, Regal Chowk and several other surrounding localities have turned into water pools and lakes due to water logging. The drainage system seems to have failed completely.The state government which has moved to Jammu for the winter season is basking in the sunny and warm weather. The valley has been handed over to a few bureaucrats with divisional commissioner as their head, who have ensconced themselves to their cozy offices. The essential commodities and eatables of daily use too have disappeared from the market. They are being sold in black against whopping prices. There is no control over prices. Governor S P Malik, who is currently head of the government, needs to take stock of the worsening situation in the valley, and activate his machinery to mitigate the peoples’ problems. He speaks on everything that comes his way but is turning a blind eye to the daily problems of the valley people.
Looking beyond rhetoric
The government’s haste in implementation of highly controversial Triple Talaq bill, seems like an attempt to persecute Muslim community by criminalizing the not so prevalent practice of instant triple divorce.The move has triggered a heated debate all around and the opposition predominantly claims it as a direct intervention in Muslim personal laws. It is not surprising the bill has been drafted and presented in Lok Sabha by a political dispensation well known for their anti-Muslim stance – which itself raises several questions.
Divorce is the basic right of any individual as is the right to choose one’s partner and to criminalize such right is equal to crushing out the essence of freedom.In its final verdict Supreme Court’s bench found the practice of “triple talaq” as unconstitutional and non-theological, as well ruled out the possibility of any legislation by Parliament as was suggested by two judges. One of the judges of the Supreme Court’s bench, Justice Joseph said in the given verdict “What cannot be true in theology cannot be protected by the law.But despite, the declaration of instant triple talaq as invalid by the Supreme Court, the ruling party introduced a new bill in Lok Sabha, that makes the declaration of “Triple Talaq” (instant and procedural) to be void and illegal, and a cognizable offence (if information relating to the offence is given by the woman and her blood or close relatives).
Here, second thing that exposed the duality of intention of BhartiyaJanta Party while addressing the issue of Triple Talaq and scraping of IPC 497 is that, latter constrained adultery with the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery as well as per the law women as abettor was exempted from punishment.
So earlier, IPC 497 law was partially anti-women but the latter scraping of IPC 497 turned the scenario and became an apparatus to hit the loyalty and sanctity of marriage. Hence, somehow both the instant triple talaq and scraping of 497 are on same strata and responsible to break down the structure of marriage. On that ruling party, BJP showed a hypocritical attitude while addressing the two similar issues, they paid a great effort to challenge triple talaq and introduced The Muslim Women (Protection of Rights on Marriage) Bill, 2018 but remain unaddressed the issue of IPC 497 which is more against the spirit of the family & marriage institution.
Even, the most sacred Islamic text Holy Quran and Hadith has clearly invalidated the practice of instant triple talaq, as well provided a prescribed procedure of how to end up a nuptial tie.Quran described instant triple talaq as TalaqUlBidat (the sinful form of divorce) as it is against the spirit of the holy book, whereas Prophet Mohammad (PBUH) found it as invalid practice.“Three divorces were treated as one” during the lifetime of Prophet Muhammad (PBUH), Caliph Abu Bakr and Caliph Umar’s reign.
Basically, the issue of triple talaq has been thoroughly discussed in five schools of thought, whereas in some cases Hanafi school of thought entertained the idea. But the clerics belonging to the particular sect have also accepted the facts that triple talaq was responsible for spreading social evils. Hence, 23 Muslim nations have already banned the practice.Here, all the schools of thought determined the punishment of instant triple talaq and there are ample resolutions available in the theology to provide the maintenance and means of livelihood to the affected women.
One cannot deny the fact that triple talaq as a political tool is used due to negligence of All India Muslim Personal Law board who failed to address the issue in the light of Shariah law. It was their responsibility to initiate a research to gather the data of such cases and to invalidate the practice of triple talaq as it is theologically irrelevant. If the BJP government was sincere enough they can collect data in collaboration with All India Muslim personal Law Board and seek out a solution.
The unabated border tension
The border tension between India and Pakistan shows no signs of decline. On Tuesday, an Assistant Commandant of Border Security Force (BSF) was killed in a ‘sniper fire’ by Pakistan along the Line of Control (LoC) in Samba district of Jammu. Elsewhere, three BSF personnel and an army soldier were injured in separate incidents of firing along Rajouri and Kathua districts. Last week, Pakistan summoned Indian Acting deputy High Commissioner to lodge protest against “unprovoked” firing by Indian army in Shahkote sector which resulted in death of a woman. The number of ceasefire violations (CFVs) and the resultant casualties of soldiers and civilians on both sides along the Line of Control and the international border between India and Pakistan have seen a dramatic rise in the past five years.
Official records say that 2936 incidents cases of ceasefire violations took place, last year, the highest in the last 15 years, making mockery of the ceasefire agreement of 2003 between the two countries. For two years – 2004 and 2005–there was not a single such violation on the border. In 2006 just three incidents of CFVs took place while in 2007 and 08, there were 21 and 77 such incidents. There had been a gradual increase in ceasefire violations 2009 and 2013 with 28 in 2009, 44 in 2010, 62 in 2011, 114 in 2012 and 347 in 2013. After 2013, the CFVs witnessed serious rise. Since 2014, the border tension hit new levels with the Line of Control and International Border brimming with artillery and firearm sounds. The seriousness of the situation can be understood from the latest threat by army chief Gen Bipin Rawat. He said that India would mind to strike inside Pakistan if the need arose. Pakistan army has viewed it as a direct threat from Indian army and retorted that they were ready for war if it was imposed on them. It is no exaggeration to say that the current level of hostilities is the most dangerous escalation since the 2003 ceasefire agreement. Though the ceasefire violations never ceased on the LOC or working boundary but it had never been so threatening as it is today.
The numbers of dead on both sides, civil and military, is rising. Indian and Pakistani armies, some time back, released videos of attacks on each others’ positions on the LOC claiming heavy losses on both sides. The most unfortunate part is that there is no agency or process or set of protocols that appear to be able or willing to stop or at least bring a pause to what is now dangerously close to outright warfare. The provocative statements by military and political leadership and incensed media propaganda on both sides go on un-endingly.
It is now an admitted fact that political factors play a major role in determining the relations between the two countries. Vajpyee, who was seen as a man of peace, and General Musharaf, despite serious provocations from hardliners with the government and the deep state, sorted out a strategy to lessen the tension between the two countries which worked quite successfully. It was Vajpayee’s political sagacity that brought Gen Musharaf on board who put a stop to what India called cross border terrorism. The present dispensation however has different priorities. They are using external trouble for political gains internally. That way they have developed a vested interest in border tensions. It is most likely that the tension may escalate further given the political compulsions ahead of the ruling party at the centre.
The general elections in India are being held in April/May, and BJP would desperately need heightening India-Pakistan tension to woo electorate on its side. That might help BJP gain electorally but India, as nation, would have to bear its fruits.