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Stateless in Assam

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On the second day of January this year, hidden in the midst of the extensive coverage about the first draft of the National Register of Citizens (NRC) being made public, there was a small item in Assam newspapers. Hanif Khan, 40, was found hanging from a tree near his home in Kashipur in the district of Cachar. Khan committed suicide on finding that his name did not appear on the draft NRC. His wife Raksa said her husband was extremely anxious about the whole NRC business. He and his family, he feared, would be promptly arrested and deported to Bangladesh if their names do not appear on it.
Our public officials have repeated reiterated their commitment to ensure that the final NRC will be accurate. But there is enormous uncertainty about the fate of those whose names will not be on it. In effect, they would be legally declared non-citizens — even stateless — and their numbers are likely to be in thousands. Their likely fate has not drawn much public attention.
The Supreme Court’s December 2014 directive that set the ball rolling on the NRC process, however, did concern itself with this issue. Deportation in today’s world is not a unilateral matter; it has to follow international protocol. The Court’s two-judge bench asked the Assam and central governments about the procedures for deporting an unauthorised person from Bangladesh after a Foreigners Tribunal makes such a determination. In written affidavits they outlined the cumbersome process. At the end of it, only “persons whose nationalities are confirmed by the Bangladesh authorities” can be repatriated, and the numbers are tiny. That year “the nationality of 32 Bangladeshi nationals who were in the detention centres/jails in Assam were confirmed by the Bangladesh authorities and they have been repatriated”. The Supreme Court therefore directed “the Union of India to enter into necessary discussions with the Government of Bangladesh to streamline the procedure of deportation.”
There is no evidence that anything has happened on this score. The issue was not discussed either during Prime Minister Narendra Modi’s visit to Bangladesh in 2015 or during the Bangladesh Prime Minister Sheikh Hasina’s visit to India in April last year. As recently as October 2017, Bangladesh Information Minister Hasanul Haq Inu told an Indian journalist that in the past 30 years there has been no unauthorised migration from Bangladesh to Assam. He emphasised that no Indian government has ever complained of this. While issues such as terrorism, smuggling, drug and human trafficking are routinely discussed and the two governments have agreed on the modalities of cooperation on those matters, illegal migration has never featured in official discussions between the two governments.
In the unlikely event that India ever chooses to discuss deportation with Bangladesh, what exactly would be the nature of the discussion?
One way in which governments act on deportation is to sign bilateral agreements for the readmission of nationals of the relevant country. There are bilateral agreements between countries like Germany and Vietnam, Italy and Algeria, the United Kingdom and Algeria, Morocco and Spain and between the European Union and non-member countries in Eastern Europe and the Western Balkans. The EU also has a readmission agreement with Pakistan. In March 2016, the EU and Turkey signed an agreement that provides for “rapid return of all migrants not in need of international protection crossing from Turkey to Greece and to take back all irregular migrants intercepted in Turkish waters”. The EU has also made a controversial arrangement with Libya that has reduced the flow of migrants in exchange for substantial amounts of money.
Readmission agreements, however, do not always produce results, or at least the level of cooperation is less than what the deporting country expects. Among the incentives offered to sign readmission agreements are special trade concessions, increased development aid, preferential entry quotas for legal economic migrants, and technical cooperation and assistance in border management. In the case of European countries, a special political and economic relationship with the EU, and in the case of countries in Eastern Europe and the Western Balkans, the prospect of accession into the EU are among the incentives offered. Even the deportation of large numbers of unauthorised immigrants under the Obama and the Trump administrations have been expensive. According to one estimate, the US pays Mexico $1,000 for each person who is deported. While Mexico officially disputes this, the US Congress allocates funds to Mexico for the purpose of the interdiction and deportation of unauthorised migrants.
To take back one’s own nationals may be an obligation under customary international law but in practice, it is not an easy matter. The costs and benefits for a country deporting an unauthorised migrant and the country readmitting the person are asymmetric. In crude financial terms, if the country of origin gains from remittances from expatriates, it has no interest in cooperating with the destination country in their deportation. But more importantly, signing a readmission agreement with an economically more powerful country is unlikely to be popular domestically. Almost all these cost-benefit calculations would apply if India and Bangladesh were to enter into a discussion of a bilateral readmission agreement.
It is extremely unlikely however, that in the foreseeable future, the Modi government on any other government in New Delhi would bring up the matter of deportation with Bangladesh. The “neighborhood first” policy of the Modi government has a far more pressing foreign policy goal: To stop China’s growing influence in the region. Foreign Secretary S. Jaishankar cites Bangladesh as the prime example of the “neighbourhood first” policy yielding good results for both parties. To bring up the question of deportation would amount to throwing a monkey wrench into this delicate diplomatic relationship.
If there is no chance of India approaching the issue of deportation with Bangladesh, what is the likely fate of those not included in Assam’s NRC? If Parliament passes the Citizenship Amendment Bill, those who are Hindu, Sikh, Buddhist, Jain, Parsi or Christian would have a different fate from the rest since these groups “shall not be treated as illegal migrants”, according to that law.
From the perspective of the rest of those whose names will not appear in the NRC, the most significant development to watch is probably in the area of detention policy. Assam now has six detention camps for housing unauthorised non-citizens inside jail premises in Goalpara, Kokrajhar, Silchar, Dibrugarh, Jorhat and Tezpur. There are plans to build the first ever full-fledged foreigners’ detention centre in the state. The Assam government has allotted 20 bighas of land in Dakurbhita area in Goalpara district for constructing this centre.
It is only to be expected that the government would now focus on detention. Deportation practices have long been part of a wider set of incarceral institutions that include detention centres, refugee camps, and waiting zones to house people in a legal limbo — between being deportable and not being actually deported — in effect, people who are stateless. The political condition of a stateless person, as political theorist Hannah Arendt had memorably pointed out, is much worse than that of a prisoner. The person loses more than his or her freedom. A stateless person is no longer part of a legal and political order; he or she loses the “right to have rights”. A stateless person, wrote Arendt, represents “a new kind of human being — the kind that are put in concentration camps by their foes and in internment camps by their friends.”


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Opinion

War or peace?

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By Dr Akmal Hussain

Foreign Minister Shah Mahmud Qureshi on Sunday, April 7, in a press briefing in Multan, announced that the government had “reliable” information that India was planning another attack on Pakistan. He revealed that during a meeting of the Indian Cabinet Committee on Security, the three service chiefs had indicated that they were ready with plans of multiple strikes against Pakistan across a wide front and were awaiting a “political nod”, which was duly given by PM Modi during the meeting.
After the political boomerang of the failed Balakot strike, simple statistical theory would suggest to the military mind that the larger the number of strikes next time the higher the probability of at least one succeeding. The chances of partial success would increase if the air attack is across a wide front: the defending air force would have to spread itself thin and so the number of intercepting aircraft that could be fielded against any one group of attackers would be reduced.
Such a military adventure by India would not simply be a repeat strike after Balakot. It would be a precipitous escalation, fraught with the risk of full-scale conventional war that could quickly lead to a catastrophic nuclear exchange. When India suffered a setback in the Balakot engagement, they reportedly readied themselves for a missile strike against three Pakistani cities on the night of February 27.
There is no technology in existence that can determine whether or not incoming missiles have a nuclear payload. So Pakistan’s declaration that they would launch triple the number of missiles in retaliation, as soon as Indian missiles left their launch pads, carried the grim possibility of a nuclear war in the Subcontinent. If we had come so close to Armageddon soon after even a single abortive strike, imagine how much greater would be the risk of escalation to the nuclear level during a full-scale conventional war.
At present, and in the foreseeable future, two aspects of the structure of the India-Pakistan relationship create a hair trigger that can quickly and repeatedly bring the two countries to flashpoint. First, a popular freedom movement in Kashmir that, despite their protracted coercion, Indian security forces have been unable to suppress. It has instead produced a pantheon of martyrs and a new generation of militant youths willing to sacrifice themselves for freedom. Under these circumstances the internal dynamics of the Kashmiri movement can generate acts of violent rebellion against Indian troops at any time.
Second, on the other side of the border for many years non-state groups of militant extremists who have off and on received patronage continue to exist. The toxic mix of these two elements creates an environment in which spectacular acts of violence by Kashmiri youth could be blamed on “Pakistan-based terrorists” by India. This could intensify tensions, precipitating another military conflict. The past cannot be taken as a guide to say how it will end, whether in peace or nuclear war.
Given the firepower of modern conventional weaponry, significant loss of territory can occur during the initial onslaught that could escalate to the use of battlefield nuclear weapons. Once nuclear weapons are used on enemy troops, all-out nuclear war would follow. The recent history of India-Pakistan military conflict however has shown that even before a full-scale conventional war, a limited, localised battle can bring the two sides to the nuclear precipice.
For example, during the Kargil conflict in 1999 when the then prime minister Nawaz Sharif flew to Washington to ask the then US president Clinton to help end the conflict, he was shown satellite pictures of nuclear weapons being loaded onto F16s as evidence for a shocked PM of how close the two countries were to a nuclear war. Then again during the first two days of the February 2019 conflict involving limited Air Force engagements, nuclear missiles were reportedly readied on the night of February 27 for use by both sides.
So far these confrontations have induced timely intercession by the international community and peoples of the Subcontinent have survived by the skin of their teeth. But what a future confrontation will bring, whether we live or die in a nuclear war is inherently uncertain. Its probability cannot be estimated.
Some take comfort in the fact that seven confrontations in the past did not result in full-scale war as international pressure to defuse tensions worked. However, this 100 percent success in preventing war in the past cannot be used as a basis for saying it will not occur the next time around. This is because in society as much as in the relationship between states the averages of the past do not necessarily hold into the future. This is unlike natural phenomena where averages of the past as expressed in natural laws do hold into the future.
For example, take the law of gravity: if you had dropped an object and it fell to the ground yesterday, there is a high probability that it would fall again if you dropped it tomorrow. But in society, probability estimates which are essentially based on projecting the past into the future are not possible in principle. The pattern of social phenomena and human behaviour observed in the past can in the future be shattered by unique events or a combination of unique events.
As the preceding discussion argues, even a limited conventional conflict following a terrorist incident can quickly escalate to the nuclear threshold. It is vital, therefore, for the two countries supported by the world community to address the explosive structure of a situation that leads to repeated military confrontation.
Millions of citizens in both countries are mired in poverty, illiteracy and disease. Thousands of children are dying at birth every day; of those who survive birth, thousands die before they are five years old. Of the children who live beyond five years, millions are suffering from malnutrition, their bodies stunted, their brains dulled. Millions of children roam the streets and alleys, deprived of quality education, abandoned by society and state and living without hope. Instead of halting this massacre of innocents together, the two states are marching in lockstep to a nuclear catastrophe.
It is time for the leaderships of both India and Pakistan to reflect on the irrationality and inhumanity of using proxy wars or ‘surgical strikes’ as a means of achieving national security. The power of a nation lies not in following the course of mutual annihilation but pursuing the path of peace for the welfare of its citizens. The leaderships of the two countries should dip their cupped hands into their shared civilisational well-springs. Imbibe the sense of compassion and human solidarity to care for our children rather than killing them.

 
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Rubbing salt on the wounds:

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By Aleem Faizee

Another assault on the people of Malegaon – this is how a shopkeeper in Malegaon reacted to the news of the BJP fielding Sadhvi Pragya Singh Thakur from Bhopal against Congress’ Digvijaya Singh in this Lok Sabha election.
It’s like rubbing salt on our wounds, another Malegaon resident said.
For the people in Malegaon, the announcement of Pragya Thakur’s candidature has brought back the ghastly memories of 29 September 2008, when the city was rocked by a bomb blast. Thakur is facing trial in the case.
On the night of the blast, it was about 9.40 pm and people were about to finish Salaat-ut-Taraweeh – special night prayers offered during the month of Ramadan – when they heard a loud sound of explosion. At first, they thought it could be a cylinder blast accident. But it soon emerged that it was a bomb blast.
The blast spot was just metres away from the Ladies Fashion Market at Anjuman Chowk where a huge crowd of women and children were busy shopping for Eid al Fitr. There was chaos near Bhikku Chowk – the site of the blast. People carried the bleeding victims, more than a hundred, to hospitals using whatever means they could find.
The blast claimed six lives. One of them was 5-year-old Farheen Shaikh who was out to buy some snacks and was on her way back home to have Ramadan dinner with her grandmother.
Among the injured was Abdullah Jamaluddin Ansari of Shakeel Transport. The 75-year-old man, during initial investigation, had said he had noticed the LML Freedom motorcycle, which was later traced to Sadhvi Pragya Singh Thakur and led to her arrest, parked in front of his office since afternoon that day. He had also informed the police chowki, a stone’s throw away from the blast site, but claimed that no action was taken.
Javed Ansari, owner of a photocopier shop, was also injured in the Malegaon blast. It took him over three years to recover and resume work.
But for these blast victims, life has never been the same since that September night.
While Javed Ansari and the family of Farheen Shaikh left the locality after the blast, Shakeel Transport’s Abdullah Ansari died last year. Following the blast, Ansari often looked at the wall clock in his shop, which had stopped working at 9.37 pm – the time of the blast – and waited for justice.
One doesn’t know how he would have reacted to the news of Sadhvi Pragya Singh Thakur joining the Bharatiya Janata Party (BJP) and contesting the Lok Sabha election.
By fielding Sadhvi Pragya, the Bharatiya Janata Party (BJP) wants people to believe that she and other accused arrested in various blast cases were ‘framed in fabricated cases’ and that ‘saffron terror’ is a myth.
But while doing so the, BJP has undermined the fact that Sadhvi Pragya Singh Thakur still remains a key accused in the 2008 Malegaon blast case. As per court papers, the first evidence that led to her arrest was the LML Freedom motorcycle that was registered in her name and was used to plant the bomb. There are also some audio tapes and visuals too. Based on these evidences, the Bombay trial court judge had observed that there was enough ground to establish Sadhvi Pragya Singh Thakur’s role in the blast.
Ironically, while nominating Sadhvi Pragya Singh Thakur as the party candidate, the BJP did not think about the kind of message this would send to all the world leaders with whom Narendra Modi has often taken up the issue of terrorism.
The people of Malegaon, who had been hearing about the pressure on some officers and public prosecutor Rohini Salian ‘to go soft’ in the case, have almost lost all hope of getting justice. Wife of Mumbai ATS chief Hemant Karkare – the officer who initially investigated the case – had turned down then-Gujarat chief minister Narendra Modi’s monetary compensation after 26/11 attacks.
Therefore, the BJP’s decision to field Sadhvi Pragya Singh Thakur in this election is neither shocking nor surprising for most people in Malegaon. But it is painful, especially for the blast victims and their families.

 
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Majboot Sarkars Overrated?

The Kashmir Monitor

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By Amir

Prior to the 1990s, coalition governments in Indian politics were considered to be an aberration and not particularly desirable. The lack of coalitions in India was clearly tied to the one-party preponderance of the Congress. So, when the party sensed defeat in the 1989 Lok Sabha election, it tried to remind voters of how shambolic the 1977 Janata government had been.
The VP Singh-led National Front government formed in 1989 was perhaps the strangest political entity that people had witnessed in Indian politics. Propped up by the Left parties on one side, and the right-wing BJP that provided support with its 86 seats on the other – the government proved to be short lived.
The grand old party then supported the Chandrashekhar Singh government for four months, after which it decided to withdraw support and elections in 1991 brought back a Congress-led coalition government in the country. With that, the era of coalition politics was well and truly upon us.
Coalition governments were the new normal in Indian politics and would continue to be so until 2014, when the Narendra Modi-led government became the first in three decades since 1984, to win a clear majority.
In 1996, there was a short-lived Vajpayee-led BJP government for 13 days, followed by the rather soporific one led by HD Deve Gowda that lasted until 1997. After that, IK Gujral led the United Front coalition government that lasted from April 1997 to March 1998.
By then, the political scenario of the country was beginning to look a bit like a game of musical chairs. However, things stabilised with Atal Bihari Vajpayee returning in 1998, hanging on for a year and then getting re-elected in 1999 to finally last a whole term.
After that, with a full decade of the Congress led United Progressive Alliance leading the way, Indian politics developed a version of the two party system, rather, a two coalition system. Numerous political parties have coalesced around BJP and the Congress in the form of the National Democratic Alliance and the United Progressive Alliance, respectively.
Congress governments in coalition have brought about some of the most momentous and far-reaching changes. It was the Narasimha Rao-led government that introduced the economic reforms, which for better or worse, changed the country tremendously.
One simple indicator of the worth of coalitions is the fact that many thought that the UPA-I government was too hobbled by the presence of the Left, as it was a hindrance to the economic reforms associated with Congress governments since 1991.
The withdrawal of Left support, followed by the more emphatic victory that led to UPA-II in 2009, was supposed to bring in a more decisive and unfettered government. Yet, it is the UPA-I government that is remembered for the succession of rights-based legislation it introduced, while UPA II has come to be associated with crony capitalism.
Similarly, the NDA-I government of Vajpayee, with all of its coalition pulls and pressures ensured two things. First, the core and often contentious BJP issues, which are Article 370, Babri Masjid and Uniform Civil Code, were relegated to the back-burner.
Second, the Vajpayee-led BJP government could well and truly be said to have a fringe and a centre, with the fringe remaining where any fringe should belong.
However, the ruling BJP government of the day has once again brought the core contentious issues to the forefront. It has also ensured that the fringe encompasses the party uniformly, leaving no hint of nuance or differentiation.
What this suggests is that weaker coalitions may actually perform better. More importantly, coalitions are able to more naturally weave in the vital regional parties that act as breakwaters in the path of potentially elective despotism.
Are majority governments over-rated?
What have supposedly strong and stable majority governments been able to do? Have they taken decisive measures or brought about ‘big-ticket economic reforms’, untroubled by the petty pulls of coalition partners?
Take the 1984 Rajiv Gandhi government with its mammoth majority of above 400 hundred seats. In less than two years, it started playing communally divisive politics around the Babri Masjid and Shah Bano issues.
The Congress thought it was being cleverly even handed by dealing out both majority and minority communal cards. The drift in the Rajiv Gandhi government could be sensed right in the middle of its term when it lost badly in the Haryana assembly elections of 1987. It lost the hugely symbolic Allahabad by-election in 1988 to V.P. Singh, and the rest we are prone to saying, is history.
The question then is this: Could the supposed strength and stability provided by majority governments be overrated? What has the Modi government achieved on the back of its huge mandate? Has it squandered that majority much like the Rajiv Gandhi led government of 1984-89? Can Modi return to power? This has been a bit of a see-saw question.
When Modi’s government came to power with a huge landslide, or ‘tsunami’ if you will, conventional wisdom was that he was here to stay for at least two terms. The UP assembly elections in 2017 seemed to confirm this. After that, it has been more of a will he/won’t he guessing game. The jury is well and truly out on this one.

 
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