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MATTERS OF PUBLIC POLICY
Looking beyond KashmirPakistan is badly caught in its own shadows of warmongering. Prime Minister Imran Khan the other day threatened India with direct military confrontation, even with the use of nuclear weapons, over the scrapping of Article 370 and the present situation in Kashmir. Does he fully realise the result of a nuclear war? I hope he does. Then, why this rhetoric? It exposes Imran Khan to Islamabad’s old games of nonsensical talks. And now in a U-turn, Islamabad has said there is no change in its nuclear policy! One does not know for how long. Even otherwise, how come the Modi government’s scrapping of Article 370 in Jammu and Kashmir is a matter of concern for Islamabad? This measure was a temporary move when Jawaharlal Nehru was at the helm of affairs in New Delhi. It was and is, therefore, India’s internal matter. But in the name of Islam, Pakistan leaders wanted to acquire the state by hook or by crook. The tribal raids, unleashed by Pakistan, were part of its larger game plan which did not succeed. In that situation, Maharaja of Kashmir Hari Singh had no choice but to seek India’s military assistance and save the state from “Pakistan-sponsored invasion”? We have to widen the range and dimensions of opportunities in our country to get the maximum mileage from the resources and human talent available in plenty within our system. This home truth has to be reconveyed to Prime Minister Narendra Modi, keeping in view the challenges India faces in Kashmir and the nuisance value of Pakistan’s Imran Khan and its Generals. It needs to be appreciated by our leaders that India right now is caught in certain geopolitical situations which cannot be termed friendly. China’s power is very much looming large on the horizon. So is Pakistan’s jingoism. Since then India has been struggling hard against Pakistan’s “proxy war” in J & K. What we see today is PM Imran Khan’s crocodile tears over Kashmir. He must have forgotten that India refused to be a theocratic state as that would have done grave injury to the genius of our people and their civilizational values. We have to continue to preserve our credential as a secular, multi-ethnic and multi-religious entity. Hinduism is the world’s greatest liberal philosophy. And remember the words of newly appointed Kerala Governor Arif Mohammad Khan. He says Ram is the greatest unifying factor in India today. I firmly believe that we must preserve our civilizational values, with the spirit of tolerance and an open mind. It is tolerance that creates diversity. We must not allow fear of diversity to snuff out our tolerance and create an intolerant society. My regret is that our leaders are living in a world of make-believe, could not explain to the world leaders in the right perspective our civilizational values. We have to continue to preserve our credential as a secular, multi-ethnic and multi-religious entity. Hinduism is the world’s greatest liberal philosophy. And remember the words of newly appointed Kerala Governor Arif Mohammad Khan. He says Ram is the greatest unifying factor in India today.We must preserve our civilizational values, with the spirit of tolerance and an open mind. It is tolerance that creates diversity. We must not allow fear of diversity to snuff out our tolerance and create an intolerant society. My regret is that our leaders are living in a world of makebelieve, could not explain to the world leaders in the right perspective our civilizational values. For millennia a Shaivite centre, the Valley was considered the embodiment of Uma, the wife of Lord Shiva. Also, Srinagar was (and is) situated on the banks of the Vitastra (now renamed Jhelum) mentioned in the Rig Veda. Unlike other parts of India, Kashmir has an uninterrupted record of history. Much of its earlier part is legendary, and has been recorded by the great historian of Kashmir, Kalhana, in his work Rajatarangini. Kalhana admits that he had himself consulted about 11 compositions on history. They are not available. But Pandit Ponaraja has brought this history up to the 15th century AD while Srivara and Diwan Kirpa Ram took it forward till 1586, when the Valley was annexed by the Mughals. While delinking the ups and downs of the past, we have to face the realities of present-day Kashmir, constantly keeping in mind our deep-rooted civilisational values. Till the advent of Islam, Kashmir was a flourishing centre of culture. Al Biruni has observed that the land was “the high school of “Hindu Science” in such disciplines as medicine, astrology and astronomy. It is essential to remember in today’s global setting that real power flows not from the barrel of the gun, but from the strength of the economic muscle. So, the first and foremost task for the leadership today is to put the economic challenges on our top priority. History is a great teacher. We are a democratic nation with a broad liberal outlook. We have to utilize intelligently the instruments of democracy and the tradition of tolerance, understanding and respect for all creeds to build a new image for 21st century India. The country cannot be seen to be compromising its vibrant democratic strength in critical areas of policies and postures. My purpose of giving some glimpses of Kashmir’s rich heritage is that our politicians must not forget its outstanding facets of Vedic literature and arts under the undue influence of Pak propaganda, and religious extremism and fundamentalism. Amidst the run of history, Islamabad has pursued a policy of keeping to the beaten track on Kashmir for over 70 years. This is not acceptable to India and its people. History is a great teacher. It forces the pace of events if the right lessons are not learnt or followed. We are a democratic nation with a broad liberal outlook. We have to utilize intelligently the instruments of democracy and the tradition of tolerance, understanding and respect for all creeds to build a new image for 21st century India. The country cannot be seen to be compromising its vibrant democratic strength in critical areas of policies and postures. It is essential to remember in today’s global setting that real power flows not from the barrel of the gun, but from the strength of the economic muscle. So, the first and foremost task for the leadership today is to put the economic challenges on our top priority. It is a pity that the Modi government has neglected this formidable task. What is required is freeing the economy from the stranglehold of the bureaucracy and creating conditions of opportunities for new entrepreneurs to move forward without fear or suspicion. We have to widen the range and dimensions of opportunities in our country to get the maximum mileage from the resources and human talent available in plenty within our system. This home truth has to be re-conveyed to Prime Minister Modi, keeping in view the challenges India faces in Kashmir and the nuisance value of Pakistan’s Imran Khan and its Generals. It needs to be appreciated by our leaders that India right now is caught in certain geopolitical situations which cannot be termed friendly. China’s power is very much looming large on the horizon. So is Pakistan’s jingoism. Under the circumstances, it needs to be noted that the roots to the renewal and reconstruction of India of tomorrow do not lie in simplistic and hackneyed slogans. Today, we are under very grave compulsions to think out for ourselves a new conceptual framework for “a good society” and qualitative governance. That good society can operate through “enterprise and initiative of individuals as well as through “intelligent and sensitive state interventions”. Indeed, hard realism requires redesigning of a vision of India’s future, keeping in mind J & K’s ground realities and its integration with mainstream India. Much will depend on PM Modi’s political will to go in for hard options while taking the people of the Valley along. Why wait this long for a Civil Code ?
Supreme Court
Narendra Modi
The Supreme Court on September 13 raised a very pertinent
question on Uniform Civil Code (UCC) which has been
enshrined under Article 44 of the Directive Principles in the
Constitution. The apex court bench observed: This reflects poorly on the state of governance in the country while different governments have been at the helm of national affairs from time to time. Will Prime Minister Narendra Modi’s BJP-led NDA government be different from previous governments? I hope it would be. All the same, I keep my fingers crossed since the present establishment has its own agenda and priorities in tune with its overall political perspective on men, matters and issues. I mainly blame the Congress or Congress-led governments that ruled the country most of the time. There has been a virtual state of drift in the country’s political management. Every party sees priorities in terms of its short-term vote bank politics. Each leader, for that matter, has put self before the party and the nation. In the process, the political leaders hardly bother about national priorities or the Directive Principles of the Constitution which should provide them a sense of direction and a broad-based vision to take the country forward. No wonder, the credibility of the system of governance over the years has suffered terribly since it has been invariably misused for personal, family or partisan gains. Sadly, this has led to a systematic neglect of the public good. I do not wish to blame the Modi establishment. The people have looked at it with tremendous faith and expectations, notwithstanding the economic slowdown in certain vital areas. I hope that Prime Minister Modi would finally prove to be different from the past rulers and take the Supreme Court’s observations seriously. Will he ? I cannot be doubly sure. All that is required is the requisite political will to enact Uniform Civil Code that would ensure “one country, one rule” as per Article 44 of the Directive Principles of State Policy. I have of late been concerned about highly polluted political culture. We have been witnessing disturbing scenes in Parliament and outside of it. What is disquieting is the play of competitive negativism among political parties. And we know that a democratic polity cannot grow on healthy lines in an atmosphere of negativism. This has been the pattern of our political cultures for years. I, however, strongly feel that the people-oriented democracy cannot be upgraded as long as double-standards, hypocrisy and double-speak rule the ministerial thinking and action. Can we provide a credible answer to the on-going poor state of affairs? My quick answer is Yes. All that is required is the requisite political will to enact Uniform Civil Code that would ensure “one country, one rule” as per Article 44 of the Directive Principles of State Policy. It has to be constantly kept in mind that India, though a Hindu majority state, is a diverse country with multiple religions and ethnicities within its borders. This gets reflected in our legal system in the form of religion-based personal laws. This creates its own politico-legal complication in governing India. In this context, the Uniform Civil Code proposes to replace the personal laws based on the scriptures and customs of each major religious community with a common set governing every citizen. This is a must to strengthen the roots of our secular democratic republic. The present government must take up this sensitive issue, keeping in view the sensitivities of the Muslim community over the issue of beefeating, the saffronisation of school and college curriculum, love jehad and the ongoing “silence” of the BJP leadership on controversial matters. In the codification exercise, necessary caution has to be taken so that the Muslims do not feel alienated to the advantage of fundamentalists and extremist elements. In specific terms, it may be stated that the Uniform Civil Code a. Will help integrate India by bringing every citizen under one fold, notwithstanding his caste, religion or tribal affinity; b. It would help in reducing the influence of vote bank politics; c. It will also help plug various loopholes in Personal Laws of all communities; d. It will help in improving the condition of women. e. It will create a new image of India as a modern progressive nation. At the same time, a Uniform Civil Code will not limit the freedom of people to follow their religions freely and fearlessly. It needs to be realized that different religious communities – Hindus, Muslims, Christians, Parsis – have different personal laws. This has led to unnecessary politicization of the UCC issue. I believe that instead of using it as an emotive issue, political and intellectual leaders should evolve a national consensus to consolidate the Indian nationhood. Regrettably, though Hindu laws were codified in 1956, there has been no attempt to frame a uniform civil code applicable to all citizens of the country despite “exhortations” of the apex court in the Shah Bano and Sarla Mudgal cases. The Supreme court, incidentally, has hailed the provisions of Goan laws as “a shining example with a uniform civil code applicable to all, regardless of religion except while protecting certain limited rights”. Still, it is a colonial rule. Therefore, it has to be examined in today’s national perspective. It is up to the present government to take up this sensitive issue in right earnest, keeping in view sensitivities of the Muslim community over beef, saffronisation of school and college curriculum, love jehad, and the ongoing “silence” from the BJP leadership on controversial matters. I suggest that in the codification exercise, necessary caution has to be taken so that the Muslims do not feel alienated to the advantage of fundamentalists and extremist elements. This is not a tall order, provided the BJP establishment rises above its narrow and sectarian views. It needs to keep in mind that India’s is a pluralistic society. The focus, therefore, has to be on ensuring harmony in plurality that will make Indian democracy more vibrant and flourishing. In this difficult exercise, at stake is the rekindling of every Indian’s faith in democratic institutions beyond the frequent voting privilege. In this context, we have to fully appreciate the constitutional potency, including the Directive Principles of State Policy and efficacy of the people’s power, not merely during poll time but even in normal functioning of the polity. |