Jankar has also offered to resign if the ECI agrees to conduct fresh by-elections. Failing the same, the MLA will then decide the next step of the agitation within the next 15 days. Jankar’s constituency includes the village of Markadwadi that had made history post declaration of results in Maharashtra on November 23, 2024. Electors had attempted to conduct a mock-poll with paper ballots as only 300 votes were recorded from a village where Jhankar’s supporters claimed to be 2,000. They were stopped in the exercise by the local authorities and police. A press conference will be held to announce next steps on January 24, 2025, at the Press Club of India, New Delhi, at 3 P.M. Former Justice Kolse Patil speaking on behalf of the movement, said, “we are fighting for the nation and want to produce evidence before the ECI against EVM manipulation” seeks appointment with CEC

Jankar has made it clear that he is willing to resign if the Election Commission does agree to his demand for a re-election using paper ballots. It is his claim that he got less votes from every village that were put in by the people in his constituency. He is determined to step down if the ECI conducts a fresh poll by the legally prescribed method i.e. Ballot Papers. As evidence, he has gathered around 1,76,000 notarized affidavits from individuals who claim to have voted for him, further strengthening his case. Today he submitted a sample of 1,300 of these in a bound volume to the ECI.

This move is part of a larger battle against the illegal use of EVMs and VVPAT machines, which, according to Jankar, compromises the integrity of the election process. Retired Justice Kolse Patil, speaking on behalf of the movement, emphasised that they are fighting for the nation’s democratic principles and intend to present evidence before the ECI. 

Fighting in country’s interest, citing evidence of EVM manipulation since 2014

Justice (Retd.) B.G. Kolse Patil, former judge of Bombay High Court, has long been at the forefront of efforts to challenge the alleged manipulation of EVMs. Speaking to SabrangIndia, Justice Patil said that we are fighting completely for the interest of the country, and have been fighting since 2014. He alleges that post 2014, the government had through a variety of manipulations effected varations in the electronic voting system that allowed for non-transparency. He recalls how he had filed a petition in the Supreme Court before 2014, and Justice Ranjan Gogoi had remarked that, ‘EVM is not dependable.’ That is why the VVPAT was introduced. However limiting possibility of scrutiny of VVPATs and introduction of external elements through the SLU (internet linkages to the ECI website) have ensured vulnerability of the entire system.

Want to produce evidence before the Election Commission: Justice Patil 

Justice Patil, speaking about the ongoing fight against EVM manipulation, emphasised the need to present concrete evidence to the Election Commission. He explained, “Now that he (Jankar) has been elected as an MLA, even he feels that EVMs should not exist for the benefit of the country. This is an exceptional case. When we lose, the Election Commission says we (are raising issue of EVMs only when we lost), so we should accept it! But here, we haven’t lost. Jankar has won. We want to change this system. And we want to provide proof for that. It’s not that we are talking casually; we are bringing proof. He has collected an affidavit from every voter in every village, and we want to present this evidence before the Election Commission. In the village where he should have received 1200-1500 votes, he only got around 300 votes. So, where did his votes go? When we were trying to establish this through a mock poll, you stopped it, which means you are hiding something. 

“Recently, advocate Mehmood Pracha also sought video footage from all constituencies in Haryana, and the High Court approved it. After that, the government changed the law. So, the extent to which the government will go has crossed all limits of hiding and lying is beyond belief. We are fighting against this” justice Patil told Sabrang India

Trying to meet Election Commission Justice Patil

Justice Patil also expressed frustration over the Election Commission’s refusal tactics to meet with the delegation. He stated, “We are trying to meet with the ECI. We went to the Commission this morning, but we were not allowed to meet them. We will go again at 4 pm today. We know that the Commission will not meet us. If they don’t respect the Supreme Court, why would they meet us? But we will expose this no matter what. This is for the benefit of the nation; we don’t have any personal animosity with the Commission.”

It is to be noted that Uttamrao Jankar, sitting MLA and Justice Patil were not able to meet the Commission on the afternoon of January 23 as well, but were able to submit 1,300 affidavits as evidence to the Commission. As told by Justice Patil, they made it to the reception of the ECI, and submitted these sample affidavits to the ECI. Justice Patil said that they are ready to supply the truck full of the remaining affidavits to the authority as well, if they demand the same.

NSP (SP) MLA Uttam Rao Jankar announced press conference

MLA NCP (SP) Uttam Rao Jankar, Justice (Retd.) Kolse Patil and advocate & national convenor of Mission Save Constitution, Mehmood Pracha, under the banner of Mission Save Constitution, have announced a crucial press conference regarding the ongoing fight against the illegal deployment of EVM-VVPAT machines in India’s election process. This press conference will take place on January 24, 2025 at 3:00 P.M. at the Press Club of India, Raisina Road, New Delhi. 

PRESS CONFERENCE
The winner MLA (Markadwadi area) Maharashtra offers to resign if @rajivkumarec @ECISVEEP ready to hold elections by ballot paper. Another #TruthOrDare for @narendramodi @AmitShah @RSSorg @BJP4India
FYI @RahulGandhi @kharge @priyankagandhi @Mayawati… pic.twitter.com/sc6xlIKujt

— Mehmood Pracha (@MehmoodPracha) January 22, 2025

Markadwadi and the beginning of the protests

The controversy surrounding the 2024 Maharashtra State Assembly Elections began in the village of Markadwadi, located in the Sholapur district. Villagers in Markadwadi, a predominantly NCP (SP) supporting area, became increasingly dissatisfied with the election results, particularly with the outcome of the Malshiras constituency. On November 23, when the results were declared, NCP candidate Uttamrao Jankar emerged victorious, but many villagers questioned the voting patterns (as they emerged during the counting/results) in their own village. Markadwadi, with a population of approximately 2,000, had 1,900 voters, and the results showed that BJP’s Ram Satpute had received 1,003 votes while Jankar secured only 843 votes. This outcome seemed implausible to the villagers, as Jankar had historically enjoyed significant support in the region. 

The plan for a re-poll with ballot papers

The villagers, frustrated with the electronic voting machines (EVMs), decided to conduct a symbolic “repoll” with paper ballots on December 3 to challenge the results and the credibility of the EVMs. They set up makeshift booths and electoral rolls, mirroring the official process. However, the authorities intervened with prohibitory orders and a heavy police presence to halt the protest. Despite the legal backing for paper ballots under the Representation of People Act, the administration deemed the mock poll illegal. The authorities insisted that the election process had been conducted transparently and declared the villagers’ attempt to hold a re-poll as unlawful.

FIRs and legal action against the protesters

In response to the planned mock election and following the unrest erupted in Markadwadi, the Solapur Rural police, day after filed an FIR on December 4 against newly elected NCP (SP) MLA Uttam Jankar and around 200 others for breaching prohibitory orders issued under section 163 of the BNS This came after the district administration had cancelled the planned re-polling exercise, which aimed to challenge the EVM results of the November 20 election. Despite the administration denying permission, MVA supporters, led by Jankar, decided to proceed with the ballot voting.

In anticipation of potential unrest, the district authorities also imposed prohibitory orders and deployed heavy police forces in the village. Jankar, who had defeated BJP’s Ram Satpute from Malshiras, by 13,000 odd votes, was present to support the mock polling. While the MVA supporters set up a pandal and made necessary arrangements, police held several meetings with the villagers and Jankar to persuade them to call off the event.

Protests in Pune, Sholapur and Akola

The dissatisfaction with the EVM results spread beyond Markadwadi. On December 5, protests erupted in Pune, Sholapur, and Akola, where demonstrators gathered to voice their discontent against what they called a “manipulated and fixed election.” The protests coincided with the swearing-in of the newly elected Maha Yuti state government, which further fueled public outrage. Demonstrators in Pune included leaders from the Indian National Congress (INC) and the UBT-Shiv Sena, who joined forces to demand an investigation into the alleged manipulation of the EVM process.

Growing public unrest and the EVM controversy

Across the state, allegations of EVM malfunctions and voting discrepancies became more widespread. Winning candidates like Jankar and Varun Sardesai from Shiv Sena (UBT) also raised doubts about the reliability of the EVM results. Sardesai noted the discrepancy between the postal ballot trends and the EVM results, which showed a dramatic shift in favor of the Mahayuti coalition, a result that appeared incongruent with the earlier postal ballot data. The public outcry grew as many felt the election process lacked transparency and fairness. In Solapur, local activist Raju Kohli voiced strong dissatisfaction, equating the swearing-in of the chief minister to the swearing-in of the EVM, not the will of the people.

As protests spread, the calls for electoral reform grew louder. More than 34 candidates across the state filed requests for verification of VVPAT (Voter Verifiable Paper Audit Trail) slips, highlighting the deepening concern over the EVMs’ reliability. The protests also saw participation from national leaders, including Congress President Mallikarjun Kharge, who led a rally in Delhi under the banner “Save Constitution, Save Waqf, Save Reservation, Remove EVMs.” These events marked a growing movement calling for the replacement of EVMs and a return to voting by paper ballots, which were seen as a more trustworthy method of voting.

Legal and Constitutional concerns over EVMs

The legal basis for the protests rested on the argument that the use of EVMs was not legally justified. According to Section 59 of the Representation of People Act, 1951, voting must be conducted through paper ballots unless the Election Commission issues a specific order under Section 61A to justify the use of EVMs. Critics also argued that the EVMs were being used without proper legal authorisation, leading to questions about the legitimacy of the voting process. This legal challenge formed the backbone of the protests, with activists and politicians calling for a revaluation of the electoral system.

Related

M’tra: Is the protest against ‘EVM system’ and irregular electoral practices is gaining momentum?

Markadwadi, Pune, Sholapur, Akola, are protests against ECI mounting in Maharashtra?

Congress raises alarm over manipulated voter rolls in Maharashtra Assembly elections

The post EVM row: Winning MLA from Malshiras (Markadwadi) issues ultimatum to ECI, demands elections by ballot papers appeared first on SabrangIndia.

We shall make an attempt to debunk the more “popular myths” associated with Bose through his own writings and correspondence. The three primary myths to be debunked are about one, Nehru and Bose’s relations, two, Bose and Patel’s relations and three, why and how Bose’s appropriation by the majoritarian communal forces reflects a greatest irony.

‘The rift between Nehru and Bose’

It is one of the most favourite pastimes of various right wing organizations to pit Bose against Nehru in their attempt to show how they were antagonistic to each other. However, the reality is contrary to what is being portrayed. Subhash Chandra Bose had been deferential to CR Das and Motilal Nehru since his inception in politics. With the passage of time, Subhash and Jawaharlal came to be seen in a similar light, both representing the left wing within the Congress. Both of them surged ahead as icons and the favourite leaders of youth. Their popularity could be gauged from the fact that the charismatic youth leader of the time, Bhagat Singh, himself wrote an article on the two titled, ‘New Leaders and their Different Ideologies’ in Kirti magazine in 1928. The two had opposed the dominion status of the Nehru Report and had been adamant to amend this clause at the Calcutta session of the Congress in 1928. The All India Congress Committee passed Gandhi’s resolution that, if the British did not accede to their demand for Dominion status within two years, then a call for complete independence should be given, by 118 votes. Subhash got 45 votes in his favour.

A meeting of the left wing within the Congress had taken place in Lucknow in 1928 attended by both Nehru and Bose. After the meeting both of them began organising branches of the Independence League all over the country. (Subhash Chandra Bose, An Indian Pilgrim: The Indian Struggle, 1935, pp.136-137) The first All Bengal Conference of Students was held in August 1928 at Calcutta presided by Jawaharlal Nehru. (Bose, 1935, p.137) The Independence League was formally inaugurated at Delhi in November and according to Bose it attained the importance that it did largely because of Nehru’s association with it. (Bose, 1935, p.152)

At the time when the Gandhi-Irwin pact was about to be signed, Bose hoped that Nehru would be successful in getting Gandhi to agree to more favourable terms for the nation. He wrote that there was no one with sufficient personality to force their views on Gandhi except Jawaharlal Nehru. (Bose, 1935, p.181)

The difference between Bose and Nehru regarding Gandhi was that while both were deferential to him, Nehru was not ready to break with him, unlike Subhash. We shall see this more vividly as we move forward. The relations between Nehru and Bose were extremely friendly during this time and as argued by Rudrangshu Mukherjee in his Nehru and Bose: Parallel Lives (2014), Bose had started to think of Nehru as an elder brother and mentor but Nehru was perhaps unaware about the change. Bose took great care of Kamla Nehru during her treatment in Europe and regularly kept himself updated regarding her health despite his peripatetic nature of stay. (Letter from Bose to Nehru dated October 4, 1935, p.121, Bunch Of Old Letters). He was also with Nehru in his hour of bereavement and wrote a letter to him to that effect on 4th March 1936 (Bunch Of Old Letters, p.166).

On his return to India, Bose was detained and shortly imprisoned. This did not go down well with the youth of the nation and their admiration for Bose was given expression by Nehru who declared the day, May 10, to be celebrated as Subhash Day. (Rudgranshu Mukherjee, Nehru And Bose: Parallel Lives, 2014, p. 213)

In Bose’s letter to Nehru dated June 30, 1936 he expressed his concern for Nehru’s health and went on to advise him a couple of things regarding his priorities as Congress President.(Bunch Of Old Letters, p.195) The two had grown e quite close and spoke in almost one voice over all matters of the Congress. When the infamous Tripuri incident took place and he saw no cooperation forthcoming from his Working Committee, Bose resigned. At the time, he wrote a letter to his nephew. This letter which is quoted by almost all the accusers as “evidence of Nehru’s malice towards Bose” should be read in context and in entirety. Though the letter says, no one had done more harm to me than Nehru in my cause, this comment was meant in the context to the Tripuri incident. This emerges from the fact that Bose despite his admiration for Gandhi was ready to part ways with him which Nehru was not. Rudrangshu Mukherjee points out that at this time Bose even invited Nehru to discuss the situation (Rudrangshu Mukherjee, Nehru and Bose: Parallel Lives, 2014, p.243)

We must also not forget that Nehru was made the chairman of the Planning Committee during Bose’s tenure as Congress President and Nehru makes it a point to mention this. (Nehru, Discovery Of India, Classic Reprint, 2010, p.412)  When the news of Bose’s death reached Nehru, he was moved to tears, one of the very few occasions when he cried in public. He even donned the lawyer’s coat after 25 years to defend the INA prisoners alongside Bhulabhai Desai. Nehru contrasts Bose’s heroic resistance from Japan with the lethargic attitude of a few Congressmen. (Nehru, Discovery of India, Classic Reprint, 2010, p.521). Bose on his part named one of the battalions of his army after Nehru. They had their differences but those were probably very few and their mutual respect and admiration was tremendous. As Rudrangshu Mukherjee highlights, it is their friendship, the partnership they had, which has been overlooked by historians.

‘Patel and Bose did not see eye to eye’

There can hardly be any misconception as great as this, for which, often, historians have been responsible. Bose and Patel had their differences and often quite sharp ones but they greatly admired each other. When Patel had become the ‘Sardar Patel of India’ after the Kheda satyagraha, Bose referred to his achievement at Kheda as a “glorious victory.”(Rajmohan Gandhi, Patel: A Life, 1991, p.168). While Bose was closer to Nehru, when Nehru was made the president of Congress in 1929, Bose wrote in his Indian Pilgrim that the general feeling in Congress circles was that the honour should go to Sardar Vallabhbhai Patel. (p.169) The Karachi session, apart from vital interjection/inclusion of the section/chapter on fundamental rights, was notable for the unity displayed by Gandhi, Patel, Nehru and Bose. (Rajmohan Gandhi, 1991, p. 204)

Rajmohan Gandhi also narrates an incident which displays Patel’s curiosity to learn from Bose as well as a competitiveness between the two through Mahadev Desai’s diary. Mahadev Desai notes in his diary on May 29, 1932 that Patel asked him a question which he found interesting, even amazing. He asked who was Vivekananda?  Mahadev Desai thought that this thought might have risen because of Bose claiming Vivekananda his inspiration in an article in Leader. He suggested Romain Rolland’s books on Vivekanand and Ramkrishna Paramhans. While the latter part is correct, it appears to have transpired in June and not on May 29. Also, Mahadev Desai himself offers this suggestion to Patel and not on any particular query raised by Patel. If this fact, what was said is true, then Rajmohan Gandhi might have used a different version of Mahadev Desai’s diary –one which may be in physical existence —as against the one accessible on the Internet.

Vithalbhai Patel (Sardar’s brother) was in Austria where he met Bose. Vithalbhai’s health had been on a decline and in September 1933 it reached a position where he had to be attended by doctors most of the time, aound the clock. As his last but not insignificant political act, Vithalbhai Patel along with Subhash Chandra Bose signed a joint statement against Gandhi’s passive resistance stating that he had failed as a leader and India now needed new methods for its independence. (GI Patel, Vithalbhai Patel: Life And Times, Volume 2, 1950, pp.1217-1218) Vallabhbhai Patel was in prison at this time but he was deeply attached to his brother despite a few bitter memories which marred Vithalbhai’s move to Europe. Vallabhai rote multiple letters to Vithalbhai. It was probably the close monitoring (surveillance) by the the British that ensured these letters never reached Vithalbhai who thought that his brother had probably neglected him. (GI Patel, Vithalbhai Patel: Life And Times, Volume 2, 1950, p.1226) Bose who had this remarkable gift of nursing and doting on the ill, looked after him extremely well. Gandhi remarked on this aspect; observing that Bose had outdone himself in his care of Vithalbhai.

Vithalbhai made his Will at the Clinique de Linegeure, Gland in which he wrote that three fourth of his estates were to be used by Subhash for India’s political upliftment and publicity work on behalf of India’s freedom struggle. He appointed Dr. P.T. Patel and G.I. Patel as executors of the Will.(G.I. Patel, Vithalbhai Patel: Life And Times, Volume 2, pp.1250-1251) GI Patel further mentions that though he asked Bose for the original Will several times, he could only muster a copy of the Will that he sent to GI Patel. GI Patel met Vallabhbhai in Nashik prison and showed him the Will. Vallabhbhai subjected the Will to cross examination enquiring why Vithalbhai’s signature was not attested by a medical person when he was in failing health. Since he would not have been able to dictate the Will in one go because of his illness, why was the original handwritten copy not produced? He was also suspicious as to why all three men who attested Vithalbhai’s signature were Bengalis and two of them merely students when eminent people like Bhulabhai Desai and others were present nearby.

Despite this fact we must keep in mind that Gordhanbhai Patel and not Vallabhbhai Patel moved the Bombay High Court in January 1939. Bhulabhai Desai, Chimnalal Setalvad and Motilal Setalvad represented GI Patel and others whereas PR Das (CR Das’s brother) and Manekshaw represented Bose. Justice B.J Wadia held that the reference in the Will to objects on which Subhash was to spend Vithalbhai’s money was vague and thus invalid. Vallabhbhai Patel announced that the money would go to Vithalbhai Memorial Trust. Subhash Chandra Bose appealed against the judgement but Justice Sir John Baumont and Justice Kania reaffirmed Justice Wadia’s ruling. (Rajmohan Gandhi, Patel:A Life, 1991, p.237)

Now studying the relation between the two, Rajmohan Gandhi tells us about the Haripura session of the Congress at which the relation between Patel and Bose seemed free of friction and consensus marked the session’s decisions (Patel: A Life, 1991, p.265). When Khare had accused Patel of malicious intent towards him in side-lining him, Bose had defended Patel in this episode. Similarly, when the Muslim League headed coalition government fell in Assam, Patel backed Subhash who said Congress should make a bid to power as against Azad and Prasad’s opinion on the matter.(Rajmohan Gandhi, Patel: A Life, 1991, p.277) When life was made difficult for Bose as president at the Tripuri session Sarat Bose (Subhash Chandra Bose’s brother) wrote to Gandhi that Patel had a hand in the mean, malicious and vindictive propaganda against Bose.( Patel: A Life, p.281) While Patel was apprehensive of Bose’s candidature for President at Haripura, at Tripuri, Patel and others were simply toeing the line of Gandhi.

When Subhash was leading the INA, Vallabhbhai claimed Subhash as a colleague and fellow-fighter and was willing to help the personnel and dependents of the INA. He also headed the Congress Committee set up to assist relatives of those in a members killed by the Allies. (Patel: A Life, p.348)

Thus, we find that despite all their differences Bose and Patel had immense respect for each other and assisted each other for the attainment of the goal of Indian independence.

‘Bose was closer to Hindu communalists’

This myth emanates from the fact that Bose had gone on a hunger strike in support of the Durga Puja celebration in Burmese jail. The entire episode is reproduced in Bose’s own book An Indian Pilgrim’s chapter 7, “In Burmese Prisons.” Bose wrote that “in October 1925, our national religious festival — the Durga Pujah …falling …, we applied to the Superintendent for permission and for funds to perform the ceremony. Since similar facilities were given to Christian prisoners in Indian prisons, the Superintendent gave us the necessary facilities, in anticipation of Government sanction.” (An Indian Pilgrim, pp.123-124) The Government, however, refrained from giving sanction and censured the Superintendent, Major Findlay, for acting on his own steam. Thereupon, Bose was forced to commence a hunger-strike in February 1926. Three days after the hunger-strike began, the Calcutta paper, Forward, published the news of the hunger-strike and also the ultimatum Bose had sent to the Government. Bose further wrote that, “about the same time Forward published extracts from the report of the Indian Jail Committee of 1919-21. Before this Committee a high official of the Prison Department, Lieutenant Colonel Mulvany, had given evidence to say that he had been forced by his superior officer, the Inspector-General of Prisons of Bengal, to withdraw the health reports he had sent of some state-prisoners in his jail and to send in false reports instead.”(An Indian Pilgrim, p.124) T.C. Goswami, a Swarajit member of the Legislature, moved an adjournment motion in the house over the hunger strike in Mandalay jail. This alongside the disclosures of the report and Lieutenant Colonel Mulvany’s evidence ensured that after 15 days of hunger strike Subhash Chandra Bose carried the day. This clearly shows, he was rooting for fundamental rights of freedom and appealing to reason as he gave the example of the cultural rights enjoyed by Christian prisoners.

Like Gandhi and Nehru, he too was a staunch believer of Hindu-Muslim unity and believed in the shared cultural heritage of India. His appeal for the demolition of the Holwell monument and celebration of July 3, 1940 as Sirajuddaula Day was not just a tactical move to gain Muslim League support but came from a deep conviction in Hindu -Muslim unity that he firmly believed in. He named one of the battalions of the INA after Maulana Azad. He accorded a place of honour to General Shahnawaz in the INA and adopted as the slogan of the army, Jai Hind, a secular slogan praised by Mahatma Gandhi himself. The man had no bigoted bone in his body.

Conclusion

Bose was a charismatic leader of the national movement who gave his all for the freedom of the nation. He might have had differences with people but was not an enemy with anyone. None of the leaders of the national movement acted with malicious intent against one another. They were all fellows in arms often with different views but with a common aim. These facts need to be reiterated frequently and often in the public domain so that myths regarding the national movement and the a-historicity of those myths can be countered.

(The authors are both PhD candidates at the department of history, Aligarh Muslim University-AMU)

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Second killing of Bhagat Singh & Subhash Chandra Bose by the Hindutva Gang

India’s Post Truth Era in ICHR’s Book on Netaji Subhash Chandra Bose

PM Modi to attend Subhas Chandra Bose’s 125th birth anniversary celebrations in Kolkata

The post Debunking “Popular Myths” through a study of Bose appeared first on SabrangIndia.

He specifically points out that the country’s democratic and constitution values are facing a unique situation, where there are big challenges threatening sabotage on the one side and strong affirmation, on the other side, from sections of the population to protect these values. Hegde cites the 2024 Lok Sabha elections as a case in point. His talk was at the Chavara Cultural Centre, Kochi, Kerala.

Courtesy: The AIDEM

The post It is Time to Renew Our Constitutional Vows – Sanjay Hegde appeared first on SabrangIndia.

Appointment of Dinesh Waghmare as SEC raises legal concerns

With extensive experience in key administrative roles, including serving as Additional Chief Secretary in the Medical Education Department and as the Chairman of the Maharashtra State Electricity Distribution and Transmission Companies, Waghmare is expected to manage the electoral process for municipal corporations, panchayats, and zilla parishads across the state. Despite his impressive credentials, his appointment has due concerns due to timing of appointment and the landmark 2021 Supreme Court ruling on the independence of SECs, as before his appointment, he was serving as the Principal Secretary of Medical Education and Drugs department with additional responsibility of Employment Guarantee Scheme in Maharashtra. 

The Court’s ruling states that SECs must not hold any other government post, stating that the position must remain free from any political influence to ensure the fairness and credibility of the electoral process. This decision arose from the case State of Goa & Anr. Vs. Fouzia Imtiaz Shaikh & Anr., (2021) where the Court declared that the appointment of a serving government official to the SEC post, like the Law Secretary in Goa, violated constitutional mandates and rendered the office less autonomous. The ruling emphasised that SECs should be independent figures who do not hold other governmental positions, as their primary role is to oversee elections without political interference. In light of this, Waghmare’s appointment as a serving IAS officer who has held prominent government posts raises concerns that it may not align with the Supreme Court’s directive for SEC independence.

However, his role, even if not directly in conflict, could potentially undermine the impartiality of the electoral process, thereby questioning the government’s adherence to the 2021 ruling and the spirit of independence intended for such a crucial constitutional office. 

State election commissioners have to be independent persons, SC held in 2021

The appointment of Waghmare occurs against the backdrop of a significant 2021 Supreme Court ruling regarding the independence of State Election Commissioner (SEC).  On March 12, 2021, the Court ruled in State of Goa & Anr. Vs. Fouzia Imtiaz Shaikh & Anr. (Civil Appeal No. 881 of 2021), where a three-judge bench, led by Justices Rohinton Fali Nariman, B.R. Gavai, and Hrishikesh Roy, set aside the reservation order issued on February 4, 2021, by the Director of Municipal Administration, Goa, and the election notification dated March 4, 2021, issued by the State Election Commissioner (SEC), GIA. These actions altered the original election schedule. 

In the case, the Governor of Goa had appointed the Law Secretary of the Government of Goa, an IAS officer, as the State Election Commissioner on November 3, 2020. The Law Secretary’s duties as SEC were to be in addition to his responsibilities as Law Secretary. Furthermore, on November 5, 2020, Municipal Administrators were appointed by the Department of Urban Development for various municipal councils whose terms had expired. A subsequent notification on January 14, 2021, by the Goa SEC postponed elections for three months, until April 2021 or a later date to be determined by the Commission.

The Supreme Court, however, criticized the government for assigning such an important constitutional office to an individual already under the control of the state government. The bench described this action as a “mockery of the constitutional mandate.”

The Court ruled that, “The State Election Commissioner has to be a person who is independent of the State Government as he is an important constitutional functionary who is to oversee the entire election process in the state qua panchayats and municipalities.”

The Court’s ruling stated, “We therefore declare that the additional charge given to a Law Secretary to the government of the state flouts the constitutional mandate of Article 243K. The State Government is directed to remedy this position by appointing an independent person to be the State Election Commissioner at the earliest. Such person cannot be a person who holds any office or post in the Central or any State Government. It is also made clear that henceforth, all State Election Commissioners appointed under Article 243K in the length and breadth of India have to be independent persons who cannot be persons who are occupying a post or office under the Central or any State Government.”

The Court further ordered, “If there are any such persons holding the post of State Election Commissioner in any other state, such persons must be asked forthwith to step down from such office and the State Government concerned be bound to fulfil the constitutional mandate of Article 243K by appointing only persons to this high constitutional office. The directions contained in this paragraph are issued under Article 142 of the Constitution of India so as to ensure that the constitutional mandate of an independent State Election Commission which is to conduct elections under Part IX and IXA of the Constitution be strictly followed in the future.”

The Judgement of Supreme Court dated March 12, 2021 can be read here:

The appointment of Waghmare: resign from his current post to assume the role of SEC

The new appointment of Dinesh Waghmare, as Maharashtra’s new State Election Commissioner raises questions regarding the independence of the position. Waghmare, who was scheduled to retire in June 2025, has opted to resign from his current post to assume the role of SEC for a five-year term. While this move may appear routine from an administrative perspective, it carries potential implications for the impartiality and autonomy of the election commission—especially when viewed through the lens of the Supreme Court’s 2021 ruling in the Fouzia Sheikh case.

Waghmare’s appointment: resignation or conflict of interest?

That Waghmare has had to resign from his position as Principal Secretary of the Medical Education and Drugs Department to accept the SEC role presents a dilemma. However, the question arises: can someone with an extensive background within the government truly maintain the independence required to oversee elections?

The essence of the Court’s ruling was that individuals with governmental ties should not hold such a sensitive position. Waghmare, despite his resignation, remains an active part of the government system until the moment of his transition to the SEC. This brings into question whether his new role will truly be independent or whether his past associations could influence the conduct of elections.

Blurring the lines between government and the Election Commission

The Supreme Court’s ruling was crystal clear in its assertion that the SEC must operate free from any governmental influence. However, Waghmare’s appointment, risks blurring the lines between the government and the election commission. The SEC is meant to be a neutral body overseeing elections at the grassroots level, but if it is headed by someone who has recently held significant positions within the government, how impartial can the election process truly be? Waghmare’s appointment challenges the spirit of the Supreme Court’s decision, which intended to prevent any undue political influence over elections.

Does this appointment affect the integrity of the election process?

The Court’s ruling focused on ensuring that the SEC is perceived as independent, with no ties to the government. By appointing Waghmare, a former government official, the Maharashtra government may be perceived as bypassing the constitutional safeguards put in place to protect the neutrality of the election process. The timing of his appointment, just ahead of crucial local body elections, only amplifies these concerns. The SEC is responsible for ensuring that elections are fair and transparent, but can an individual with recent government affiliations truly be seen as a neutral figure in such a critical role?

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Has the Election Commission chosen to become a willing party to BJP using religion for votes in violation of the MCC and Section 123 of the Representation of the People Act?

Appointment of Election Commissioner under SC scrutiny: The story so far

Gujarat Elections: Farmers of 3 North Gujarat Villages Have Been Boycotting Polls for 3 Years

The post Conflict of interest: M’tra cabinet grants Fadnavis sole authority, serving IAS man appointed as SEC appeared first on SabrangIndia.

The Right to Information (RTI) Act which will soon complete 20 years, has been a very important thread in the democratic fabric of India. The Act empowers citizens to request information from public authorities and promotes transparency and accountability in the functioning of the Government. By enabling informed participation and holding the public officials accountable, the Act aims to strengthen the democratic governance system in our country.

However, over the last few years, questions have been raised about the functioning of the RTI machinery as the number of pending complaints and appeals has increased, various State Information Commissions (SIC) remain defunct, while the Central Information Commission (CIC) is not functioning at its full capacity.

On January 7, 2025, the Supreme Court expressed its concerns over the delay in appointment of the Information Commissioner by Centre and States for protecting the citizens’ right to information, asking what was the use of creating a law protecting the rights of the citizens and creating transparency in the functioning of the government machinery, if there is no one to work for that law.

A defunct RTI machinery

The condition of the functioning of the CIC and the SICs can be better understood by analysing the report published by Satark Nagrik Sangathan (SNS) on the functioning of the 29 commissions across the country with information accessed under the RTI Act through various applications.

Out of the 29 SICs, seven were not functioning at different lengths of time in the year 2024, including Jharkhand, Telangana, Tripura, Goa, Chhattisgarh, Madhya Pradesh and Uttar Pradesh. For a period of four years, the SIC in Jharkhand has not been functional, which is the longest as compared to any other SICs.

Additionally, there were no Chief Information Commissioner in five commissions, along with eight that have been functioning at a reduced capacity with an inadequate number of information commissioners.

As per the Act, each commission shall have 10 commissioners and a chief commissioner, despite that multiple states and even the CIC are functioning at a reduced capacity. The CIC has been working with only three commissioners, including the chief commissioner.

In its recent order, Supreme Court also took cognizance of the situation in Jharkhand, where the commission has been defunct since 2020, and the lack of a leader of opposition (LOP) has resulted in no appointments in the SIC as the Act lays down that the Selection Committee for appointing commissioners must have LOP as a member.

The Court thereafter directed the single largest opposition party in Jharkhand, National Democratic Alliance, to appoint one of its elected representatives for the Selection Committee and complete the appointment process within the next 10 weeks.

As a result of this defunct machinery, the backlog of cases in the 29 commissions has drastically increased, from 2.18 lakh in the year 2019, to 4.05 lakh in the year 2024, which is an increase of around 80 percent, as reported by Newslaundry.

The CIC, which is the final appellate body as per the RTI Act, has more than 23,000 matters pending with 8 vacant posts for commissioners as per the website of the Central Information Commission.

The primary objective of the information commissions is to ensure transparency in the functioning of the government, however with regards to mandatorily making available the annual reports on the websites of respective commissions, it is pertinent to note that 33 percent of the commissions have not made their annual reports available as per an article published in the Business Standard.

The article further analyses the report of SNS as per which nearly 14,000 complaints and appeals were returned while 19,347 were registered by the CIC between July 1, 2023, and June 30, 2024, which comes to 42 percent of the total number of complaints registered.

The article further quotes the report stating “CIC website discloses how many appeals/complaints were re-submitted to the CIC after addressing deficiencies. The data reveals that nearly 96 per cent of the cases which were returned to the appellant/complainant were not re-submitted to the CIC by them”.

Reference can also be made to the 2019 judgement of the Supreme Court in the case of Anjali Bhardwaj vs Union of India, where the apex Court directed the Government to fill up the vacancies in the Information Commission and advised the government to make timely appointments of the Chief Information Commissioner and Information Commissioners 1 to 2 months prior the vacancy is created.

In this judgement, the Court also held that the selection of Information Commissioner must not be merely from Government employees or ex-government employees and highlighted the requirement of appointing people from other streams to increase transparency.

However, the judgement has not made much difference, and the appointment of retired bureaucrats continues.

2019 amendment

The negative attitude of the Government towards the RTI Act has been reflected in the 2019 Amendment to the Act, which has struck a huge blow to the independence and autonomy of the RTI machinery. The scope of the Act has been shrunk and the Government has attempted to defeat the purpose of the legislation. The power given under the RTI Act is now being eroded.

The Right to Information (Amendment) Act, 2019 breaks down the backbone of the law by striking its most important aspect, independence. The Amendment tinkers with status, salary and autonomy of the Information Commissioners at both Central and State levels. The Act which was passed hurriedly without proper consultations gives wide-ranging powers to the Central Government in controlling the one organization that has the power to hold the Government accountable.

To provide autonomy and prevent the information commissions from government interference, the tenure of chief information commissioners and 10 information commissioners was fixed at 5 years, and their salaries were of the rank of the chief election commissioner and election commissioners respectively.

The 2019 Amendment takes away the fixed tenure of the chief information commissioner and the information commissioners and also alters their salaries. As per the amendment, the Central Government has been granted the power to decide the tenure and salary of the chief information commissioner and the information commissioners. This can result in arbitrary removal and curtailment or increment of salary for elections commissioners as per the suitability of the ruling government.

While attempting to explain the objectives and the reasoning behind the amendment to the RTI Act, Bar and Bench in its article reported that, the Minister for PMO, Jitender Singh has argued that

“The functions being carried out by the Election Commission of India and Central and State Information Commissions are totally different. The Election Commission is a constitutional body established by clause (1) of article 324 of the Constitution and is responsible for the superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all election to Parliament and to the Legislature of every State and of election to the office of President and Vice President held under the Constitution. On the other hand, the Central Information Commission and State Information Commissions are statutory bodies established under the provision of the Right to Information Act, 2005. Therefore, the mandate of Election Commission of India and Central and State Information Commissions are different. Hence their status and service conditions need to be rationalised accordingly.”

Shri Yashovardhan Azad and Prof. Madabhushanam Sridhar Acharyulu, former Information Commissioners of the CIC argued that the Amendment may kill the RTI Act itself. They argued that the CIC and the SICs are not very different from the Election Commission of India especially with regards to their constitutional duties, and therefore the equivalence between ICs and EC with regards terms and conditions of service and salary were rightly drawn as per an article of the Economic and Political Weekly.

An article of India Today, cites Shashi Tharoor (MP, Indian National Congress) arguing that “It is not an RTI (Amendment) Bill. It is an ‘RTI elimination bill’. This bill is removing the two greatest armours of institutional independence and on top of that, by controlling the State Information Commissioners, by taking over the power to determine their salaries, the Central government is destroying it.”

Backdrop to the 2019 Amendment

Before the introduction of the RTI Amendment Act, 2019, a few orders had been passed by the Information Commission which were considered to cause unease to the Modi Government. Two examples can be referred to here of the row over PM Modi’s degree and the status of non-performing assets in public sector banks.

The Delhi University was directed, in January 2017, to allow the search of records of the students who had cleared the BA Course in the year 1978 which is when PM Modi passed the said exam, by the then Information Commissioner Sridhar Acharyulu.

Based on another complaint filed with the Information Commission during the tenure of the Modi government, the Commission directed the RBI to provide details with regards to the NPA in public sector banks and also the details of primary big loan defaulters. The information was denied by the RBI citing the confidential nature of the said information.

The matter even reached the Supreme Court where the Court directed the RBI in 2015 to make the requested information available and the order was reiterated in 2019 after the Central Bank had previously failed to comply with the order of the apex Court.

A conclusion can be drawn here as to how such complaints that have made the Modi government uncomfortable have resulted in the introduction of the RTI Amendment Act, 2019.

Other Issues with the RTI Machinery –

A pertinent question rises after the Digital Personal Data Protection Act (hereinafter referred as the DPDP Act), 2023 came into force regarding how to balance right to information and right to privacy, both of which are fundamental rights protected under Article 19(1) and Article 21 of the Constitution of India respectively.

Section 44(3) of the DPDP Act amends Section 8(1)(j) of the RTI Act. The previous provision exempted release of “information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information”, which is now substituted with “information which relates to personal information”.

The revised provision has provided a blanket exemption of any personal information and removed the consideration of larger public interest thereby resulting in huge potential of decrease in transparency and accountability.

The provision provides for protection of privacy of the government, meanwhile to protect the democratic fabric of the country, increased transparency on the end of the government would help in protecting the right of privacy of the citizens. Increased accountability of public officials would promote the objective of the RTI Act, which has been severely diluted by the amendment made by the DPDP Act.

Concerns have been raised as the DPDP Act was passed with great haste and without any consultation. In the documents obtained by an RTI application, it has been found that NITI Aayog which is government’s own think tank had formally written to the Ministry of Electronics and Information Technology (MeitY), urging to not pass the proposed DPDP Bill citing its repercussions and impact on the RTI Act especially, as reported in an article published by ET Government.

A fine will be imposed on the citizens if wrong information is provided to the government even by mistake or if there has been a failure to provide identity proof or address, or even if a complaint has been filed regarding breach of data privacy which is found to be false at a later stage as per an article published by the Deccan Herald. The Government expects the citizens to be perfectly candid and provide with their personal information, meanwhile exempting itself from doing the same and thereby destroying the balance between the governing and the governed.

In 2012, the Report of the Planning Commission headed by Justice AP Shah contended that Section 8 of the RTI Act provides for the exception of privacy to the right to information and when contended, the same can be decided by the Information Commissioners applying the public interest test. Therefore, the Privacy Act should in no way circumscribe the Right to Information Act. (Chapter 4, para 4.2, page 29 of 92)

Further, the Report of Justice Srikrishna Committee in 2018 attempted to balance the right to privacy with the right to information by suggesting amendment to the RTI Act by laying down that information must be exempted “only if such information is likely to cause harm to a data principal and such harm outweighs the aforementioned public interest, can the information be exempted from disclosure.” (Page 110 of 213)

From the above analysis it can be seen how time and again the Centre has attempted to whittle down the power of the RTI Act to protect itself. These acts of the Centre are against the basic fabric of a democratic government, accountability and transparency. Citizens’ right to information has been recognized by the Supreme Court as a fundamental right protected under Article 19(1) of the Constitution of India in a catena of judgments, however, the Centre has left no stone unturned to try and dilute the one law protecting that right.

(The legal research team of CJP consists of lawyers and interns; this primer has been worked on by Yukta Adha)

Related:

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Digital Personal Data Protection Bill seeks to amend RTI Act to bar disclosure of personal information

Public authority must give cogent reason to withhold information under RTI Act: Delhi HC

The post Vacancies, Backlogs, and increased governmental involvement: How the RTI Act has lost its glory! appeared first on SabrangIndia.

This statement from the ECI came in response to a right to information (RTI) request submitted by Venkatesh Nayak, director, Commonwealth Human Rights Initiative, in which he pointed out that as per procedure outlined in paragraph 1.12, read along with paragraph 7.1.2, of the 2023 edition of the handbook for presiding officers published on the ECI website, the presiding officers should have information about the constituency-wise total number of pre-numbered slips issued by them during both assembly and Lok Sabha elections.

However, the ECI said, “lt is to inform you that information as sought by you is not available in the Commission.” Nayak, an intrepid RTI activist, emphasised that the ECI’s response is “bewildering, to say the least”, as the commission, being the apex election management body, is vested with both Constitutional authority and statutory powers to conduct elections.

“They are required to be in full control of the electoral machinery, and that includes information flows from the constituency level to Nirvachan Sadan through the CEOs, ROs, and election observers. It is unimaginable that the information which I sought has not been reported to the ECI. Even if one were to concede, for the sake of argument, that their reply is accurate, the RTI Act empowers them to request the information from the source where it is available in order to decide whether or not it should be disclosed. At the very least, they can transfer the application to such offices for disposal at the click of a button,” maintained Nayak.

Paragraph 7.1.2 states that “a few minutes before the hour appointed for closing the poll, announce to all those within the limits of the polling station who are waiting to vote that they will be allowed to cast their votes in turn. Distribute slips signed by you in full to all such electors, which should be serially numbered from Serial No. 1 onwards, according to the number of electors standing in the queue at that hour.

“The last elector should be given Slip No. 1, and the next voter in front of him/her should receive Slip No. 2, and so on. Continue the poll even beyond the closing hour until all these electors have cast their votes. Depute police or other staff to ensure that no one is allowed to join the queue after the appointed closing hour. This can be effectively managed if the distribution of slips to all such electors is commenced from the last elector standing in the queue and proceeded backwards towards its head”.

Annexure 52 of the handbook explains that the presiding officer’s diary should contain a variety of details about the polling station, including materials supplied and used, machines supplied and used, polling agents present, voter turnout details, how many were allowed to cast ‘tendered votes’, the number of challenged votes, and the number of votes cast in the polling station during the following time slots: 7-9 am, 9-11 am, 11 am-1 pm, 1-3 pm, and 3-5 pm. The diary should also record the number of slips issued at the close of the polling hour to electors standing in queue.

This information is also recorded in the report of the sector officer, whose format is provided in annexure 6 of the sector officers’ handbook.

According to data from the ECI, the number of registered voters for the state elections held on 20 November 2024 was 97,793,350 (nearly 97.80 crore), with 64,592,508 (about 64.60 crore) individuals casting their votes. In comparison, during the Lok Sabha election, the number of registered voters was 92,890,445 (92.90 core approx.), and the votes cast totalled 56,969,710 (56.97 crore approx.).

Based on these figures, the number of registered voters in the state increased by nearly 50 lakh (49,02,905), while the number of votes cast went up by over 75 lakh (76,22,7980).

The Congress party had, in December 2024, filed a complaint with the ECI, but the latter rejected the charges, stating that the additions were legitimate. The party had also raised concerns about the surge in voter turnout in Maharashtra on polling day, calling for an explanation from the ECI.

In a letter to the ECI, the Congress has also highlighted an “inexplicable increase” in voter turnout between 5 pm and the final voter percentage announced by the ECI at 11.30 pm on the day of polling. The Congress also pointed out that, of the 50 assembly seats where there was an average increase of 50,000 voters, the ruling Mahayuti secured victory in 47.

In December, the ECI clarified that the increase in voter turnout from 5 pm to 11.45 pm was “normal”, with Maharashtra’s chief electoral officer, S. Chockalingam explaining that the 7 per cent increase in voter turnout in the last hour of polling for the assembly election was not a surge, as claimed by the Opposition, but an “average” process.

However, the ECI has repeatedly declined to take action on many RTIs that Nayak filed last year. He explained that public disclosure of not only the data about the tokens distributed, but also the two-hourly voter turnout figures recorded by presiding officers and sector officers, is crucial to determine whether the ECI’s final voter turnout figures are accurate.

“Merely disclosing Form 17C data will not help clarify voter turnout trends that occurred on polling day. Transparency advocates must press for the disclosure of the granular data. The ECI can do itself a favour by disclosing the two-hourly voter turnout data and the number of tokens distributed before the close of polling. This will help clear all doubt about the final voter turnout figures,” said Nayak.

Related:

Is India’s unique experiment on people’s democracy with the right to universal franchise being lampooned by a compliant Election Commission?

Congress alleges anomalous voter turnout surge in Maharashtra Assembly Elections 2024 in memorandum submitted to ECI

Congress raises alarm over manipulated voter rolls in Maharashtra Assembly elections

The post No info on pre-numbered slips issued during LS, assembly polls: ECI appeared first on SabrangIndia.

Afghanistan and Pakistan are the countries wherein this monster is all set to eat violently those who nurtured it for their own vested interests. This left doing politics, normal living, and meeting people all at risk. And thousands of children, the elderly, and young people have fallen victim to it.

Media and scholarly, academic reports reveal that Muslims living in the West too are now influenced by their preachers and imams. They have begun to believe in sectarian conflicts as well as emotional slogans like a revival of the old Caliphate. Amazingly, thousands of youth born and bred in the West were recruited or joined the forces of the fake Caliphate established by the notorious Abubakar Al-Baghdadi a decade ago?

Pakistan was created in the name of Islam, but what is the condition of Islamic ideology there? What is the sanctity of a human life? From time to time, a fanatic mob would rise, blaming a person for blasphemy. No matter whether he is a Muslim or non-Muslim, it would kill him in cold blood or often burn him alive. The police simply watch the spectacle, indeed, occasionally participate in the crime. Later, religious people would start justifying the heinous act by citing old jurists and their fatwas. And secularists and liberals would start condemning the act. The administration remains deaf and dumb. Judiciary very seldom takes suo motu cognizance. After a few days, the matter is normalised.  The cruel bloody mob then goes out in search of another prey. All businesses of life and religion continue to thrive!

The killing of the then Governor of Punjab Salman Taseer by his own official bodyguard a few years ago on fake charges of blasphemy is a case in point. The dastardly killer was then turned into a saint! The presumably educated advocates in Pakistani courts threw rose petals over him when he came to face the charges of murder. After his execution, his grave has been turned into a shrine. Thousands visit it regularly to pay their obeisance. What Fanaticism!

While the West is thinking of building colonies on Mars and China is conquering new vistas with AI, what is the favourite pastime of the great Muslim ulama, clergy and religious scholars of Pakistan and India, indeed even Bangladesh?  It is to make ordinary Muslims blindly believe in unverifiable predictions about the appearance of the supposed Imam Mahdi. These people are saying, day in and day out, particularly sice the genocide of Palestinians started, that Dajjal is about to come out and Mahdi has to appear and after that Jesus will come and the rule of Islam is just about to be established on the whole planet.

Religious Muslims are generally simple-minded and naive. They believe in these myths. They do not feel the need to move forward in the world. Our task should be to promote science and technology, indeed first create a scientific temperament among the rank and file of Muslims.

 History shows that this situation will finally lead to the point when the political leaders will have to resort to fighting the monster of their own making as Pakistan is compelled to do with the Taliban now. Muslim clergy and ulama in the Indian subcontinent must also repent and take a vow never to use religion for political purposes. If Muslims come to this point, they must put before them some hard facts to eradicate extremism from its foundation.

First, this demon of extremism did not come down from heaven directly. It is a cherished baby born of religious thought which is taught and studied in our religious schools and madrasas under different titles, such as the enforcement of Sharia, Jihad and eradication of infidelity, polytheism, apostasy, etc. Radicalised people and extremist movements draw inspiration from this traditional theology. They propagate it for their dastardly purposes. This prominent religious thought and its political interpretations popularly called Political Islam have been logically criticized by some thinkers and brilliant minds of Islam like Maulana Waheeduddin Khan and Javed Ahmad Ghamdi. Had there not been stirring uproar, protests, and threats from ulama in the face of scientific reasoning, certainly the thought of these thinkers would have changed people’s minds and popular narratives.

Now to counter the religious radicalism in Muslim societies we have to develop a counter-narrative to the propagated traditional religious thought. Still, it is unfortunate and tragic for Muslim societies that violence and extremism prevail to protect religion and preserve Sharia.

Unfortunately, the culture of disagreement with politeness and respect has not yet developed. These situations require us to be sensitive to freedom of opinion in religious ideas and thinking. And to be frank, our clerics and religious preachers exert a policy of pressure to prevent the freedom to express free opinion. If they want to reveal the error to those who disagree with them, they can do so in an open way by resorting to the weapon of knowledge and reasoning. The world of knowledge does not accommodate compulsion, protests, uproar, and tyranny. It is a counter-narrative of popular religious thought presented by the likes of Mr. Ghamidi that alone can reform the situation in the Muslim community, not propaganda of secularism or anti-religionism. Iqbal the poet and philosopher tried a century ago to draw our attention to the same truth in his lectures on the need for reconstruction of religious thought that he delivered in Aligarh and elsewhere. Sir Syed and his school of thought made the same effort.

Second, in secular fields, we do not allow someone to establish institutions to graduate children and boys as doctors, engineers, or skilled in any division and department of science and arts. This cannot be done without giving Muslim children general education for twelve years or so. But children and young people are trained as religious scholars in madrasas and centres of religious learning. These madrasas close the door of modern learning on them altogether and play with their future lives. Some of them could have been doctors, some of them engineers, poets, writers, photographers, etc.. But these madrasas, regardless of their aptitude, taste, inclinations, or qualifications, make great efforts to make them religious scholars only and deprive them of all opportunities to choose an area of science and art of their own choice.  They cut their ties to society and made them aliens in their own societies by depriving them of general public education for twelve years. Therefore, it has become necessary to prohibit religious schools, like all other institutes of specialized education, from interfering with a student without giving him general education up to 12 grade.

We can say with confidence that this one step alone will change the current situation created by the institutes of religious education. As Founder-Editor of NewAgeIslam.com, Mr. Sultan Shahin told the UN Human Rights Council at Geneva some time ago, madrasa education is the biggest violation of the human rights of Muslim children. Every child has the right to acquire general education before going in  for specialisation in any field. If we don’t give our children medical or engineering education at the age of five, then why burden them with theology at such a tender age. Young children and adolescents need general education first. They should have the choice to go in for any specialisation they want.

Thirdly, it is necessary to end the dominance of clerics and preachers of hate in masjids and mosques. They generally use Friday pulpits for their vested interests in Muslim societies. If we don’t do this, we cannot escape extremism. Who does not know that the Prophet (peace and blessings of Allah be upon him) established a Sunnah regarding the Friday prayer? It was that the Imam (head of government) or whoever he appoints is entitled to lead the Friday prayer and deliver the sermon. No one else is permitted to use this pulpit unless they have this specific instruction from the ruler.

However, throughout the decadent age, Muslim monarchs typically lacked the necessary tools to perform this function. They gave the Friday pulpits to the clergy and Ulama. Since then, the Ulama and clergy have gained such clout that they utilize Jumma (Friday) sermons and mosque pulpits to push their objectives and vested interests in Muslim societies.

This has resulted in deepening the sectarian lines. Now separated along sectarian and Fiqhi lines,  in lieu of God’s mosques we have Ahle Hadis mosques and the Hanaf mosques, Deobandi mosques, and the Barelvi mosques, etc. They ought to be God’s mosques alone wherein worship of Allah is practiced.

 Mosques are now becoming hubs for extremism and sectarianism. The mosque must be run by a collective management of Muslims and should not be used by individuals, movements, or organizations to spread a particular theological or political message. Mosques are houses of God. They must not be transformed  into sites of conflict and disunity among Muslims. They should never be used to radicalise Muslims for a particular purpose. This is an essential step.

Research Associate with Centre for Promotion of Educational and Cultural Advancement of Muslims of India, AMU Aligarh.

Courtesy: New Age Islam

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Al Thani said that the ceasefire will come into force on Sunday, January 19 and revealed some details of the deal, adding that work on implementation steps with Israel and Hamas are still underway as some final details still need to be sorted out. An Israeli government vote on the deal is expected on Thursday, January 16.

Details of the ceasefire deal

The full details have not been confirmed by Hamas, Israel, or any of the mediators yet. However, different media outlets have reported some details, allegedly provided by well-informed sources on the ceasefire and captives-for-prisoners exchange deal. The deal will be implemented in three phases, each of which will last for six weeks.

First phase

The first phase of the ceasefire deal will see a halt to fighting, starting on Sunday, January 19. It will also involve a limited captives-for-prisoners exchange, the partial withdrawal of Israeli Occupation Forces (IOF) and a surge of aid into the besieged enclave. The implementation of the first phase will go hand in hand with continuous negotiations to permanently end the war.

During the first phase, 33 Israeli captives including women, children and sick men over the age of 55 will be gradually released. In exchange, Israel will release more than 700 Palestinian prisoners, including around 275 serving life sentences.

According to Israeli TV Channel 12, three captives will be released on the first day, and four captives on the seventh day, and 13 others will be released on the 14th day. On day 28, three captives will be released, and three others on day 35. The rest of captives will be released during the last week of the first phase.

While Qatar, Egypt and the US will serve as guarantors for the implementation of the agreement as a whole, Qatar and Egypt will be supervising the return of displaced people from the southern Gaza Strip to the north within the first phase, provided that they only return on foot through the coastal road.

The withdrawal of the Israeli Occupation Forces (IOF) from the Netzarim corridor, which separates the northern part of Gaza from its south, will be completed in stages. Hamas is said to have demanded mediators to determine the time frame for IOF’s withdrawal, using a timetable. IOF will maintain an 800-meter deep buffer zone along Gaza’s eastern and northern borders with Israel during the first phase.

Once the ceasefire comes into force, 600 aid trucks, including 50 fuel trucks, will enter Gaza every day. 200,000 tents and 60,000 mobile homes will be provided to Gaza’s displaced people as well. To allow the entry of international aid into Gaza, the Rafah border crossing will start operating immediately under Egyptian sponsorship and in coordination with Hamas, once the ceasefire deal takes effect.

Second phase

Negotiations on the implementation of the second phase, will begin on day 16 of the first phase, which will include the release of the remaining 65 Israeli captives in exchange for an agreed-upon number of Palestinian prisoners in Israeli jails, a permanent ceasefire, and a complete Israeli withdrawal from the Gaza Strip.

Third phase

The third phase will include the exchange of the remains and bodies in the possession of both parties after identification. As the third phase begins, the reconstruction of Gaza will start and last for three to five years. The reconstruction process will include homes, civilian buildings, and infrastructure, with compensation for all affected individuals under the supervision of several countries and organizations, including Egypt, Qatar, and the United Nations. Furthermore, the third phase stipulates the opening of the crossings and allowing the movement of people and goods.

Remarks by Hamas, Israel, and mediators

After announcing that the ceasefire agreement was reached on Wednesday, Qatari Prime Minister Sheikh Mohammed bin Abdulrahman bin Jassim Al Thani affirmed that his country will continue to support the Palestinian people “with direct care and close follow-up from Qatar’s Emir Sheikh Tamim bin Hamad Al Thani.” The Qatari premier reiterated that “the state of Qatar will work closely with its partners to ensure the full implementation of the agreement and the restoration of sustainable calm in the Gaza Strip.”

Shortly after the Qatari premier’s press conference, US President Joe Biden gave an address to announce from his end that the agreement was reached. He also provided rough information about its phases. Biden further claimed the credit for the agreement, saying that it largely mirrored the framework of a proposal he made in May.

However, US President-elect Donald Trump claimed on social media that the breakthrough, which followed months of stalled negotiations, is attributed to him, after he had repeatedly warned there would be “hell to pay” if a deal was not made by the time he takes office.

“This EPIC ceasefire agreement could have only happened as a result of our Historic Victory in November, as it signaled to the entire World that my Administration would seek Peace and negotiate deals to ensure the safety of all Americans, and our Allies,” Trump said.

Egyptian President Abdel Fattah el-Sisi welcomed reaching the ceasefire, emphasizing “the urgency of facilitating the swift delivery of critical humanitarian aid to the people of Gaza to address the current catastrophic humanitarian crisis, without any impediments.”

After the mediators announced reaching the ceasefire deal, Israeli Prime Minister Benjamin Netanyahu said late Wednesday, that the deal is still not complete pending the confirmation of final details.

In a televised statement aired on Al Jazeera on Wednesday, Senior Hamas official, Khalil al-Hayya considered the announcement of the ceasefire deal “a historic moment” of the Palestinian people’s struggle for freedom. Al-Hayya pointed out that the “Al-Aqsa Flood” battle marks a pivotal moment in the history of the Palestinian cause, reaffirming that the steadfastness of the Palestinian people and the bravery of the resistance “thwarted the plans of the Israeli enemy”.

Courtesy: Peoples Dispatch

The post Details of historic Gaza ceasefire deal appeared first on SabrangIndia.

Vijayan also pointed out that Guru’s life and work is very relevant today as violence is being orchestrated by instigating religious sentiments. Guru was not merely a religious leader, he was a great humanist. His critics are also criticizing Vijayan that during his tenure as Chief Minister Hindus are being troubled. They give the example of Sabrimala where the ruling party decided to support the Supreme Court ruling of entry of even menstrual age women to the sacred temple. BJP spokespersons are up against Vijayan for insulting Sanatan Dharma in this instance also.

The debate around Sanatan seems to have come to the fore for the second time. First it came up when Dayanidhi Stalin spoke against Sanatan. BJP-RSS is stating that Santan can’t just be reduced to caste and Chaturvarnya. Incidentally in 2022, Kerala had submitted a float for republic day parade. It displayed Narayan Guru. The jury from the Defence ministry stated that the Kerala float should display Shankarachaya from Kaladi rather than Guru. This was a major reason for rejecting the float.

As such Sanantan stands for eternal and has been used for Buddhism, Jainism and Hinduism. Hindu is a religion, which has no single prophet or no single holy book. Word Hindu does not find mention in its holy scriptures. It has two major streams, Brahmanism and Shramanism. Brahmanism is based on graded inequality and patriarchal values. Ambedkar renounced this Hinduism as he felt that Hinduism is dominated by Brahmanical values. The Shramanic traditions include Nath, Ajivikas, Tantra, Bhakti traditions which are away from the values of inequality.

Today in popular parlance Sanatan Dharma and Hindu dharma are interchangeable. Some of the ideologues claim that Hinduism is not a religion but a way of life based on Dharma. As per them Dharma is not the same as religion. As such Sanatan Dharma stands for primarily Varna system, caste inequality and sticking to these traditions. Dharma is best understood as religiously ordained duties. What is being opposed by social reformers is rejection of a religion which is based on inequality.

If we take the example of Ambedkar himself, he regarded Buddha, Kabir and Jotirao Phule as his Gurus. What matters to him is rejection of inequality of caste and gender. In medieval India the saints Kabir, Tukaram, Namdeo, Narsi Mehta and their likes harped on opposition to the caste system and some of them had to face attacks from upper caste rulers. As such Narayan Guru comes in as a great social reformer against the caste system and transcends religious divides. No wonder the present ruling Government, guided by Brahminical Hinduism, can’t accept the float from Kerala which shows Narayan Guru.

Narayan Guru was a deeply humane person. During the course of his growing up he went into a deeper engagement with spiritualism and the practice of Yoga. During the course of his philosophical journey in 1888, he visited Aruvippuram where he went in meditation. It is during his stay there, that he took a rock from the river, consecrated it and called it as an idol of Shiva. This place since then has been known as Aruvippuram Shiva Temple. This act later came to be known as Aruvipuram Pratishta. It created a lot of social commotion and opposition especially from amongst the upper caste Brahmins.

They did not accept Guru’s right to consecrate the idol. He replied to them “This is not a Brahmin Shiva but an Ezhava Shiva”. This quote of his later became very famous and has been used against casteism. To fight against casteism he committed his life. His steps were a big practical means in challenging the deep set caste system. The revolutionary understanding of Guru was ‘one caste, one religion, one God’.

He goes much beyond the caste and religious divides to proclaim, single humanity. Later on he went on to open the school, which was open even to low castes, quite on the line of what Joti rao Phule did in Maharashtra. Like the principles of Ambedkar’s Kalaram Temple movement he went on to build temples which were open to all the castes.

The recent suggestion of Swami Satchitanand supported by Pinarayi Vijyan also argues that a bare torso may be medically bad as it may transmit diseases. There are many practices which need to change with time. One recalls that women did not have the right to cover their breasts. There was a breast tax if women covered the top. It was Tipu Sultan, when he annexed Kerala, when he abolished breast tax and women gained their dignity as they were permitted to cover their breasts.

Temples are a part of our community life. Such changes in dress code have to accompany the changes in social patterns. The opposition to this is like putting the clock back. The politics in the name of religion at most of the places is against the social changes and change in political values. Kerala also shows many contrasts in diverse fields. It was here that on one hand the Acharya from Kaladi Shankar countered the Buddhists in debate. The Buddhists argued on materialist ground to focus on the issues of this world, while roughly speaking Shankar tried to argue the World is an illusion supporting the idealist philosophy.

At present times in India, Kerala included, we need to follow the path of Saints like Narayan Guru and Kabir, whose humane values gave a direction of amity to the society. The conservative ‘status quo’ in most matters retards social progress.

The author is the president of the Centre for the Study of Society and Secularism. The views are personal.

The post Is Narayan Guru Part of Sanatan Dharma? appeared first on SabrangIndia.

Main Points:

1. Wahhabism: A Source of Division
2. Islam at its core is a religion of peace and tolerance, but Wahhabism’s violent interpretations distort this message.
3. The movement fosters sectarian division rather than unity, destabilizing Muslim societies.
4. Wahhabism’s interpretations have been linked to global terrorism, misrepresenting Islam as a violent religion.

There are individuals who identify as Wahhabi, Ahle Hadis, or Salafi (terms commonly used to describe those who follow the teachings of Ibn Abdul Wahhab Najdi, and thus branches of Wahhabism) and assert that they do not support extremist ideologies or violent actions. While some adherents of these movements may sincerely believe in a puritanical interpretation of Islam, it is undeniable that Salafism and Wahhabism, in their more extreme forms, have been linked to significant political, ideological, and social upheaval in the Muslim world. The impact of these ideologies on both the understanding of Islam and the state of global affairs is complex, but it is evident that these movements have contributed to some of the most troubling aspects of contemporary Islam.

Wahhabism: Ideology of Control and Division

Wahhabism, in its origin and its contemporary manifestations, was established with a vision of consolidating political power and religious orthodoxy. At its heart, Wahhabism sought to purify Islam by stripping away what its proponents considered to be innovations (Bid’ah) and superstitions that had crept into the practice of the faith. While this idea of purging Islam of practices not directly derived from the Quran or Hadith may appeal to some Muslims, it often leads to a rigid and exclusionary approach, where those who deviate from the Wahhabi interpretation are labelled as apostates or innovators.

The tendency to declare Muslims as “Kafir” (disbelievers) or “Mushrik” (polytheists) for engaging in certain practices—such as visiting the graves of saints, celebrating the Prophet’s birthday, or seeking intercession—has resulted in an environment of fear and division. This relentless focus on “purity” has led some followers to justify violence against fellow Muslims who do not adhere to the Wahhabi creed, branding them as heretics or apostates. Such ideological purges have caused widespread strife and bloodshed, as various groups within the Muslim community are treated as enemies rather than brothers and sisters in faith.

In this climate of extreme sectarianism, Wahhabism’s emphasis on violent jihad as a central tenet of its ideology has paved the way for radicalized groups. Groups like ISIS, Al-Qaeda, and others have taken inspiration from these interpretations, using them to justify terrorist acts and the imposition of their own narrow version of Islamic rule. This connection between Wahhabism and global terrorism has had far-reaching consequences, not only for the Muslim world but for the perception of Islam in the international arena.

The Disconnect from the Spirit of Islam

At its core, Islam is a religion of peace, harmony, and tolerance. The very word “Islam” comes from the root word “Salaam,” which means peace. The spirit of Islam calls for the peaceful coexistence of all people, regardless of their faith, and emphasizes compassion, justice, and mercy. However, Wahhabism, with its rigid and militant interpretation of the faith, has distanced itself from these essential principles. By focusing heavily on violence and the imposition of a singular interpretation of Islam, it has neglected the broader, inclusive message of Islam that encourages peace, unity, and dialogue.

Instead of embracing diversity within the Muslim community, Wahhabism has fostered an environment where followers are encouraged to view other Muslims as enemies if they do not conform to its strict orthodoxy. This departure from the spirit of Islam has created rifts within the Muslim world, leading to ideological, theological, and sometimes physical battles between factions. In this sense, Wahhabism has contributed to the destabilization of Muslim societies, as people who should be united by their shared faith are instead divided by doctrinal differences.

Wahhabism and the Narrative of Terrorism

Wahhabism’s global influence has put Muslims in a difficult position where, increasingly, they have to clarify to the world that Islam itself is not a violent religion. While the majority of Muslims reject extremist ideologies, the association of Islam with terrorism persists, largely because of the actions of radical groups who claim to represent Islam while adhering to distorted interpretations of its teachings. The emergence of groups like Al-Qaeda, ISIS, and Boko Haram has made it necessary for Muslims to constantly explain that their religion advocates for peace, not violence.

The unfortunate reality is that Wahhabism has become synonymous with the rise of ideological terrorism in many parts of the world. This is not because Wahhabism represents the true essence of Islam, but because its interpretation has been twisted by extremists seeking to justify their violent actions. The damaging impact of this is twofold: not only does it tarnish the reputation of Islam globally, but it also leaves Muslims to grapple with the misconception that their faith promotes terror, rather than peace.

Wahhabism and Its Allegiance with Israel and Western Powers

One of the most troubling aspects of Wahhabism is its political alignment with Western powers and Israel. While the movement is often positioned as a defender of Islam, it has been accused of maintaining strategic relationships with entities that are seen as adversaries to the broader Muslim world. The Saudi regime, which is a major proponent of Wahhabism, has been a longstanding ally of the United States and other Western nations, despite their involvement in conflicts that have caused immense suffering in Muslim-majority regions, such as the wars in Iraq and Afghanistan.

Moreover, Wahhabism’s relationship with Israel is highly controversial. Despite Saudi Arabia’s historical stance on supporting the Palestinian cause, the influence of Wahhabism within the kingdom has created a complex situation where the regime has been accused of tacitly aligning with Israel and its interests in the region. This political alignment undermines the narrative that Wahhabism is solely concerned with defending Islam; rather, it reveals a more pragmatic and opportunistic agenda that focuses on maintaining political power and securing relationships with global powers, even at the expense of Muslim solidarity.

This dual narrative—one of aggressive religious puritanism and another of political alignment with global powers—adds another layer of complexity to Wahhabism’s role in the Muslim world. It shows that while Wahhabi leaders may present themselves as champions of Islam, their actions often betray their true agenda, which involves the consolidation of power and influence at the expense of both religious and political unity among Muslims.

The Dangers of Wahhabism’s Legacy

While not all individuals who identify as Salafi or Wahhabi support violent extremism, the ideological foundations laid by these movements have undeniably contributed to the rise of terrorism and the deep divisions within the Muslim world. Wahhabism’s narrow interpretation of Islam, its promotion of violence against those deemed as apostates or innovators, and its political alliances with Western powers and Israel have played a significant role in the ongoing strife in the Muslim world.

As a result, the larger Muslim community must continue to push back against these extremist ideologies and reclaim the true spirit of Islam—a religion of peace, tolerance, and harmony for all people. Only by rejecting the divisive and violent narratives perpetuated by Wahhabism can Muslims hope to rebuild unity within their communities and present a more accurate understanding of Islam to the rest of the world.

Wahhabi and Salafi Scholars’ Role in Ideological Terrorism

Wahhabi and Salafi scholars have contributed to the spread of ideological terrorism by offering specific interpretations of Islamic texts, especially those regarding jihad, the role of violence, and the legitimacy of acts deemed as “holy war.” Some of their interpretations have been used by extremist groups, including al-Qaeda and ISIS, to justify violence. Below are some of the key narratives and interpretations promoted by certain Wahhabi-Salafi scholars, which have been controversial and linked to growing ideological terrorism?

1. Interpretation of Jihad as Violent Warfare

One of the central aspects of Wahhabi and Salafi ideology is the interpretation of jihad as not just a spiritual struggle, but as a violent form of warfare against perceived enemies of Islam.

Example: Ibn Taymiyyah (1263–1328) argued that jihad was obligatory in defence of Islam. Radical groups have cited this interpretation to justify violent jihad against both non-Muslims and Muslims deemed apostates.

2. Takfirism – Declaring Muslims as Apostates

Takfirism, the practice of declaring Muslims as apostates, is central to Salafi-Wahhabi thought, justifying violence against those who do not adhere strictly to their interpretation.

Example: Muhammad ibn Abd al-Wahhab (1703–1792) declared practices such as seeking intercession through saints to be forms of polytheism and thus justified violence against those who engaged in them.

3.       The Obligation to Wage War against Non-Muslims

Wahhabi-Salafi scholars have interpreted certain Quranic verses as endorsing perpetual warfare against non-believers.

Example: Abd al-Aziz ibn Baz (1910–1999), former Grand Mufti of Saudi Arabia, advocated the necessity of jihad against non-believers, a view referenced by extremists.

4. The Concept of “Defensive Jihad” Against Western Powers

Some Wahhabi-Salafi scholars advocate defensive jihad against perceived enemies of Islam, particularly Western powers.

Example: Sayyid Qutb (1906–1966) called for jihad to overthrow non-Islamic rule, particularly Western influence, which influenced extremist groups like al-Qaeda.

5. Martyrdom and Rewards in Paradise

Wahhabi-Salafi thought often emphasizes the rewards of martyrdom in paradise for those who engage in jihad, particularly suicide bombers.

Example: Ibn al-Qayyim al-Jawziyya (1292–1350) wrote about the rewards for martyrs, which have been exploited by extremist groups like ISIS.

6.         The Call for the Establishment of an Islamic State

Radical Salafi scholars advocate for the violent establishment of an Islamic state governed by Sharia law.

Example: Abu Muhammad al-Maqdisi (b. 1959) has argued for the violent overthrow of existing governments to establish a pure Islamic state.

Conclusion

Wahhabi and Salafi scholars, through their radical interpretations, have contributed to the ideological terrorism that has destabilized regions and fostered extremism. Their influence, particularly regarding jihad, takfirism, and martyrdom, has been central to justifying violence in the name of Islam. While mainstream Islam condemns these interpretations, their continued influence in extremist circles demands a counter-narrative to promote a peaceful and contextualized understanding of Islam.

Kaniz Fatma is a classic Islamic scholar and a regular columnist for New Age Islam.

First Published on newageislam.com

The post Wahhabism, Ahle Hadis, or Salafism’s Impact on the Muslim World appeared first on SabrangIndia.