governance, political economy, institutional development and economic regulation

Posts tagged ‘Shah Bano case’

The Monk and Haryana’s Assembly

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Haryana’s folk dances are vigorous and fiesty like its people. Photo credit:alchetron.com

Haryana wears its heart and mind on its sleeve. There is a lot of brawn and bravado but little guile here. Last week, the Haryana Assembly listened in rapt attention to a pravachan (teachings of a holy person) by a Jain monk. Alarm bells rang immediately in the citadels of prickly pseudo-secular vigilantism.

The Indian Constitution clubs Jains, Sikhs and Buddhists under the broader rubric of “Hindus”. So, the choice of a Jain monk, rather than a Hindu priest, to preach to the Assembly was a clever and far-reaching tactic to formalise the mix of religion with politics. Clever, because the minority Jain community is being used as a proxy for Hindu thought. Far reaching because, frankly, it was disturbing, coming from an overwhelmingly Hindu state, ruled by the BJP.

The politico-religious cocktail 

In these fractious times, an overt mix of religion and politics is unusual. The practice has been to keep religion distanced from the formal processes of the State, whilst discreetly extracting political mileage from religious discord. Secular fundamentalists cavil that unless the strictest oversight is exercised, in this God-fearing, Hindu dominant country, religion can creep into politics and governance, to the detriment of marginalised communities. They have a point. In earlier days, prayers on public occasions were explicitly secular. Holy men from all major religions were allotted time for doing their bit. But this tradition has waned during the last two decades. Hindus no longer feel obliged to be subdued, lest they offend minorities. This is a healthy development. Truth needs to be spoken and recognised before reconciliation can happen. Paying lip service to secularism, whilst practising a more partisan strategy, has done little for those away from the mainstream.

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1986 – Shah Bano – a Muslim, who had to fight a majority government, pandering to populist Islamic orthodoxy, for getting maintenance from a divorced husband, even after getting relief from a progressive judiciary.  

India: a “benignly Hindu” majority state

The “syncretic” culture of India is predominantly Hindu. We are more comfortable with Barelvi Sufi version of Islam than the more strident Wahhabi Deobandi type. This illustrates that strident, ritualised religion — whether Hinduism, Islam, Christianity or Sikhism, does not align with the benign and neutral constitutional provisions. Citizenship, not religion, is the primary identity of Indians. This is the essence of a modern, secular state.

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Haryana: Treading thorny paths

Haryana has initiated a novel experiment of democratising religion by inviting a never-before direct interaction between a religious leader and elected legislators. This has been long overdue. Legislators reflect voter preferences better than intellectuals. But their formal duties thrust them into an artificial bubble, which bars frank recognition of the extent to which religion both deeply divides and elevates India. Nothing wrong in puncturing the bubble. But the Haryana experiment will lack credibility as a “positive new beginning”, unless it promotes similar interaction with religious leaders of all denominations.

Religion can be inherently divisive, particularly in the highly-contested political environment of democracy. This is why Communist regimes stand out from other political parties, in that they steadfastly ignore religion. Harkishan Singh Surjeet, the wily politician and grand old man of the CPI(M), passed on in 2008. He was a Sikh. But at his funeral, there were no religious rituals beyond a spirited Lal Salaam. Contrast this with the traditional rituals which accompany the sendoff for other departed leaders.

The Indian “glue”: beyond religion?

Hum Hindustani poster

The overlay, mostly incipient but often explicit, between religion and politics, has been a fact in the subcontinent since Independence. Pakistan hived itself off into an Islamic state consisting of physically and culturally separated West Pakistan and Bengali-speaking East Pakistan, now Bangladesh. Surely, the fact that Pakistan split subsequently, despite a common religion and that Nepal, despite being a predominantly Hindu state, holds its sovereignty dear, sufficiently illustrates that Hinduism is not the primary glue which binds India. India is predominantly Hindu. But significant political jurisdictions, where 32 per cent of our people live, are not. These states cannot ignore the salience of a plural polity. Nagaland and Mizoram are predominantly Christian; the Kashmir Valley is Muslim; Punjab is 60 per cent Sikh; 20 per cent of West Bengal, 18 per cent of Uttar Pradesh and 17 per cent of Bihar is Muslim; 19 per cent of Kerala is Muslim and 25 per cent is Christian; Goa is 26 per cent Christian.

Sanitize religion for inclusive democracy

Rather than hiding from religion as an identity, dealing with it upfront and sanitising it democratically, could have real value. The pseudo-secularist approach, driven by 1950s beliefs in modernity versus tradition as values, rather than processes, relies on insulating politics from religion as the right way to go. Nothing could be worse, if the ground realities do not reflect this belief.

Far from fading away, across the world, religion as an identity is fighting back. And this is true across all religions. The modern state needs to explicitly factor in the resilience of religion as a treasured personal belief. But just as surely, the State needs to enforce constitutional rights across all religions. In particular, the religious marginalisation of minorities, dalits, women and the lesbian, gay, bisexual and transgender community come to mind. The available constitutional safeguards need to override religious biases against these communities. Upfront, visible confirmation of this intent by the leadership would be transformative.

If Haryana has this resolve then bridging the gulf between politics and religion makes eminent sense. If the moral fiber of politicians can be strengthened by religion, without diluting their constitutional commitment to safeguard the marginalised, the benefits of religious teachings far outweigh the costs. After all pragmatic Haryana filters all actions through the “value for money” lens.

But it is a thin line the legislators walk between legitimising naked majoritarianism — Haryana is 95 per cent Hindu — and spring-cleaning their minds as they run through the full gamut of multi-faith religious discourses in the Assembly. The stout bamboo lath (stick) that the archetypal Haryanvi “tau” (great uncle) is caricatured to carry is as useful to balance on a tight wire as it is to subdue dissent. It all depends on the intent with which it is wielded.

 

Adapted from the authors article in Asian Asian August 30, 2016 http://www.asianage.com/columnists/jain-monk-house-unhealthy-precedent-052

Hypocritical India

 

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Indians are affably argumentative (Amartya Sen, 2005). Less likably, the Indian State is intensely hypocritical. It remains very medieval despite its veneer of modernism.

Examples of medievalism abound. We value Indian lives very low. No minister has ever resigned because citizens, in their charge, starved to death or died due to lack of emergency medical aid or if large numbers of students fail to pass in public schools. Corruption is a leitmotif of even the simplest public transaction like lodging a First Information Report at a police station (this is something which should even be possible by email or sms or whatsapp); avoiding getting arrested for drunk driving; getting a copy of case records from the lower courts or seeking protection from physical harassment and assault.

The best illustration of lingering medievalism and nascent modernism is the conscious use of hypocrisy by the State, to keep alive the hope of change without disturbing the status quo. There are many such State hypocrisies but five major ones stand out.

The biggest hypocrisy is the Constitutional provision that religion does not matter for State policy formulation and execution. Everything points to a different truth. The Shah Bano episode (1986) is the best example of how religion and politics have been inseparable. In this case the Supreme Court granted maintenance to a divorced Muslim woman (as is the right of any Indian woman) but the government rescinded this progressive judgment through a perverse, new law to appease orthodox Muslim sentiment. Meanwhile, to placate orthodox Hindu sentiment, which was being fanned by the Vishwa Hindu Parishad (a Hindu rights outfit), it also opened the gates of the disputed site of the Babri Masjid which had been locked by the government since 1885 to preserve the status quo on counter claims to possession rights by Muslims and Hindus. Incidentally 1885 is also the year the Indian National Congress was founded. By 1986 (a century later) the Congress was not averse to play the communal card with an eye to the 1989 elections.

Other more visible “red flags” of regressive religious politics are the low pan-Indian representation of Muslims in government; the increasing ghettoization of Muslims even in new urban areas; blatantly pro-Muslim or Hindu political parties and decreasing levels of productive social interaction between the two major communities since 1947. Let’s face it. The religious cleavage exists in an antagonistic form and is increasing. It is only once we accept this that we can get to talk about how to bridge it.

The second big hypocrisy is that all Indians are created equal. Democracy and the positive affirmation (reservations) policy have solidified caste much more than the dilution effect from urbanization. If Pandit Nehru saw Sardar Patel as a biased Hindu he would be shocked at the manner in which political leaders today pander to narrow interests of backward caste and Dalit vote banks. After religion, caste is the next most significant political identity of Indians. The majority of Indians wed within their caste and vote for caste candidates. Indians are not born equal. They struggle to overcome the inherited, rigid social and economic barriers of caste and very few succeed, despite the Constitution and a range of laws prohibiting caste based biases.

The third big hypocrisy (which we share with much of the World) is that women are treated equal to men. They are not and never have been. The good news here is that since this is an international problem, the state of play is fairly advanced. Policy, law and programs are working to empower women economically in the hope that social change will follow; to measure their levels of satisfaction; to assess results and to provide special protection to them in the transition period.

The fourth big hypocrisy is that poverty is reducing at a satisfactory rate. This is far from true. Even worse, asserting this statistically, as the government does, lulls us into believing that following the current path and simply doing more of what we do already, will get us to a poverty free India. It cannot.

Average per capita income needs to triple in real terms and inequality to reduce significantly before we can even claim to have found the correct direction. Some measurable indicators are a consistent growth above 8% per year; a more equal sharing between the rich and 70% of the rest, of the benefits of incremental growth (we don’t monitor this periodically) and the rate of job creation in the formal economy.

The fifth hypocrisy is that the existing governance architecture of Parliamentary Democracy is suitable for India. It is not. Both Parliament and Cabinet have ceased to play their intended role as checks on personal aggrandizement and protecting minority interests. This has been true for State Governments over the last three decades but over the past decade even the GOI Cabinet has become the poodle of Party bosses. The sanctity and effectiveness of Parliament is eroded by the behavior of lumpen elements, more familiar with brute force than reasoned argument or moral persuasion. Corruption vitiates executive decision making to the extent that the judiciary becomes the aam admi’s “de-facto government” for seeking redress.

How can this familiar tale of woe be altered?

First what is not measured and recorded cannot be dealt with. Enumerate caste/tribe and religion in the census so we know the numbers; the spatial distribution and their wellbeing. Map caste and religion data on a publicly available GIS down to the village and urban ward level so that government interventions can be calibrated to local social norms and results assessed by third parties. Assess poverty levels bi-annually using mobile based rapid data collection instruments to better relate schemes (like the Right to Food or the Right to Work) to poverty reduction outcomes.

Second review the existing incentive structures for diluting religion, caste, gender inequality, poverty and improving the functioning of the executive, parliament and judiciary.

Caste based affirmative action (reservations) clearly perpetuates an “us versus them” psychology. Diluting it by adding poverty criterion, requires more data and monitoring, but can lead to the dominance of more modern pressure groups like professional affiliations (farmers, business owners, employees), locational interests (Biharis or Mumbaikars) or ideological solidarity (environmentalists, big or small government advocates, gay rights advocates).

All government programs and projects should be evaluated for their poverty reduction potential before approval by the government and income enhancement targets fixed. Achievement against targets must be monitored by third parties with the results made public. This will reduce pork (roads to nowhere) and gold plating (capital heavy projects which do nothing for jobs-why not let private business do these?).

The Constitution should be revised to completely separate the Executive from Parliament. The PM and her deputy to be directly elected with minimum vote shares prescribed in each constituency to ensure inclusion. The ministerial executive team to be nominated by the PM and endorsed by the Parliament. The internal emergency provisions should similarly require the endorsement of parliament to protect state government autonomy from an aggressive PM. The 2014 elections are being fought in any case on the basis of “US President like” identities.

This simple change can ensure that the PM is popularly elected and is not just a “shoo-in”. It can also  improve the quality of MPs by getting rid of those who contest for Parliament seats (often by paying for them) only as an avenue for eventually getting into lucrative executive positions. Legislative ability requires skills in law and social sciences apart from a feel for the local interests an MP represents. Executive ability requires specialization and narrow experience. The system must present separate choices to the electorate and to those desiring to enter politics.

The bottom line is to transit from being an affable but hypocritical India to a more results oriented and honest India. In the modern world time is money and the long route to poverty reduction whilst changing incrementally is costly. Social stability is a merit good in the Indian plural context. But the price for social stability must be paid by the rich and not the poor or the marginalized.   

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