For the past couple of days, electronic and print mainstream media in the country, have been highlighting the public ‘promise’ made by the Archbishop of Tellicherry.  During a protest rally of some Catholic rubber farmers, he offered to “help the BJP” open an account in Kerala in the next election, provided the price of rubber is increased to Rs 300 per kilogram.  In doing so, the Archbishop, has done great disservice to Christ and the Constitution of India. This on several counts which include: no hierarchy or clergy is expected to take sides with any political party (though, in fitness of things they are duty-bound to expose the wrong that is taking place); the BJP has proved to be an anti-minority party, the attacks on Christian personnel and institutions continue all over the country; not long ago, farmers from all over the country protested for over a year against the anti-farmer laws being introduced by the BJP. There are no records that show that the Archbishop took up cudgels on behalf of the small farmers of the country (including those in his diocese); he has also not  condemned the minority-bashing which is  taking place in the country today! 

The Archbishop’s ‘promise’ has naturally drawn plenty of flak from all sections of society but particularly from those who cherish the secular and democratic fabric of the country!  The minuscule Christian community – which officially comprises just about 2.3% of the country’s population, has been hogging the headlines, recently and for all the wrong reasons! In the past, several Christians who took part in the freedom struggle, were members of the Constituent Assembly and who contributed significantly to the visionary Constitution that has guided the nation. Christians have been at the forefront of education – educating the ‘creme de la crème’ and others of the nation, providing medicare to those who were sick and above all, reaching out to the poorest of the poor, the excluded and the exploited, through selfless service which empowered the subalterns with an empowered sense of justice, dignity and equity and ensured their rightful place in society. All these works continue today, but they seem to fade into insignificance, with the new narrative which is throttling our nation . 

The last few years have witnessed a dramatic change with the political ethos and morality of the country at its nadir. Several politicians from across the spectrum today demonstrate an unbridled lust for power. Serving the people selflessly – is apparently no longer the top priority for many of them; to gain power by hook or by crook) and to stay in power, is all that matters! Many of the politicians do not care about the consequences and of the harm they are doing to the democratic structure, the diversity and the secular fabric of the country. 

The new narrative is made manifest with the systematic polarization which the country currently is painfully going through. The votaries of the ‘Hindutva’ ideology, which in nature is fascist, fundamentalist and fanatic – are at the helm of this. Besides the ideology does not have any allegiance to the Constitution. They have one clear aim to make of India a Hindu – nation state by 2025(when the parent organization, the RSS, completes hundred years of existence). A full page advertisement in Hindi in several Varanasi based Hindi dailies on 15 March 2023 entitled ‘Call to become Sanyasi’ says “ Those who have resolved to establish Hindu Sanatan Dharm as National and World Religion ” with a nine day rigorous  training programme beginning March 22 and ending on Ram Navami, is a clear sign of things to come. 

A visible strategy to realise this exclusive and anti – national agenda is the targeting of minorities- particularly Muslims and Christians – through a continual process of demonisation, denigration and discrimination. They often succeed with their manipulative ploy. Venomous hate speeches are on the rise; those who indulge in them do so with impunity knowing fully well that the ruling regime will provide them with all the immunity and protection needed. The anti – conversion laws which have been passed by some States, though still in the hearing stage in the Supreme Court provide vigilantes, in an unhealthy nexus with local police to take law and order in their own hands. routine prayer services are disrupted and attacked; false cases of so- called ‘forced’ conversion are made: priests and religious sisters are arrested and even denied bail on the flimsiest of reasons. There are instances when Hindutva elements have demanded exorbitant sums of money from priests, threatening them with false cases, if the money is not received. 

On the other hand, some Christians including hierarchy, clergy and laity are far from being authentic witnesses to the person and message of Jesus; there are instances of financial scams, sexual misconduct, and other improprieties, which make both individual and institution extremely vulnerable and pliable. There are examples of how the ruling regime has hammered powerful Christians to submission, the underlying posturing is that ‘nothing will happen to you, if you join (or are with) us; if you do not do so, then we will destroy you.’ When a person has lost all credibility, the  so-called ‘Christian’ has no choice but to  succumb to the blackmail and  the threats of the powers that apparently control their destinies. 

People often wonder why MLAs and MPs who have been elected under the banner of a political party easily ‘cross the floor’ and join the ruling regime. The answer is obvious! Besides, the ruling regime has plenty of black money to buy up politicians from opposition parties. The recent political imbroglio in Maharashtra, which is awaiting a Supreme Court verdict, is a case in point! Many Christian politicians are also easy prey:  we have the classic example of ‘Catholic’ politicians, in the Goa Assembly elections having absolutely no qualms of conscience to leave the party they were elected from, to join the ruling party. 

The recent elections in the three North Eastern states of Meghalaya, Nagaland and Tripura calls for great introspection.  The Christian population of Nagaland is estimated to be around 90% and that of Meghalaya around 75%; Tripura has a much smaller Christian population of about 4%. Today, however in all these States, the BJP is calling the shots, setting the political agenda and in fact, ruling (despite getting just two seats in Meghalaya) .The reasons for this seismic political change are several. Many of the politicians (despite being Christian) are corrupt; this is no State secret and which the BJP can exploit to their advantage. Then the BJP also used the Christian card, singing ‘Alleluias’ and ‘Praise the Lord’ in their campaigning. The BJP was happily legitimising the eating of beef in the north-east; whereas in most parts of India they and their ilk, lynch and kill minorities even if the latter just happen to   ferry a cow in a vehicle. Then of course, the Sangh Parivar has its whole armoury of money, muscle, mafia, media and manipulations. 

Sadly, several of the Christian politicians (and surely some people too) were trapped into playing the ‘religion’ card whether it was campaigning with Christian rhetoric or organising a patently unconstitutional swearing -in ceremony for the newly elected legislators of Nagaland. Having a pastor pray and a choir sing a Christian song has only made it easier for the BJP to give legitimacy for Hindu rituals at Government functions and thus to effectively destroy the secular fabric of the country. Of course, several Christians, (who hardly bother about Constitutional propriety and the severe repercussions such so-called ‘Christian’ acts would have on the future of the country) went ‘ga-ga’ when they watched clippings of the Nagaland swearing- in ceremony; there was a similar response when the CM of Meghalaya went to Vailankanni; those who cheered him did not care a hoot for the fact that CM has literally sold his state to a fascist regime. 

The big news a few days ago, is that the BJP is going all out to woo the Christians of Kerala during Easter season. The Archbishop of Tellicherry’s public statement came only after some of the BJP functionaries met him.  Several efforts have also been made in the past. The last elections however, in God’s own country was an overwhelming defeat for the BJP. The ground realities are different now; the BJP has the upper hand in the face of growing scandals among sections of the Kerala Christians. Some Christians (including some hierarchy and clergy) are warming up to the BJP. Besides opportunism, everyone knows why!!! 

Few Christians in the country stand up and speak up for the values of the Gospel which are so beautifully enshrined in the Constitution of India.  The nation today is suffering as never before! Communalism, Casteism, Criminalisation of politics, Corruption and Consumerism are rampant. At the receiving end of a brutal, unjust and inhuman system are the excluded and exploited, the migrants and labourers, the minorities: Muslims, Christians and others; human rights defenders and those who cherish freedom of speech and expression and a free press; those who defend the right to preach, practise and propagate one’s faith; those who are victims of venomous hate speeches and attacks, of demonization and discrimination. Those who have false cases foisted on them – with Government (Constitutional and quasi) bodies breathing fire on them. Then we have the fisherfolk of Kerala and others who have been displaced by megaprojects and the mining mafia (who destroy our precious natural resources); those who are concerned about the ecology (Josimath is a classic case) and environmental justice; the LGTBQIA community; the small farmers and land-holders; the small investors who have fallen prey to a corrupt regime which has been hijacked by crony capitalists like Adani. The Adivasis who are denied their jal, jungle aur jameen, the Dalits and other vulnerable sections of society. There are many more; the list is endless! How many of our Christians (particularly politicians) or the Church as a body, spoken out against all these evils taking place in the country today? 

Interestingly, in February 2012 at the 30^th CBCI Meeting in Bangalore on the theme ‘The Church’s Role for a Better India’, the Catholic Bishops stated, “We sensed in our hearts our country’s yearning for a Better India. Our country has been noted for its deep spirituality, its saints and sages, its rich diversity of cultures and religions. People yearn for the ideal enshrined in the Preamble of the Constitution of India of a Sovereign, Socialist, Secular, Democratic Republic which will secure for its citizens Justice, social, economic and political; Liberty of thought, expression, belief, faith and worship; Equality of status and of opportunity; Fraternity assuring the dignity of the individual and the unity and integrity of the Nation. But this yearning has remained largely unfulfilled. Economic development has brought about increasing inequities, an ever-widening gap between the rich and the poor with consequent tensions spilling over into violence. We see around us a betrayal of the poor and marginalized, the tribals, dalits and other backward classes, women and other groups who live in dehumanising and oppressive poverty. We witness rampant exploitation of children. There is disappointment with those in public life for whom ethical concerns matter little. The Church does not wish to rest on her laurels. She recommits herself to being a prophetic Church, taking a decisive stand in favour of the poor and marginalized “We envision an India with more attributes of the Kingdom of God such as justice and equity with its consequent fruits of love, peace and joy.”   

Today, times are far worse! Will our Bishops today demonstrate the much-needed prophetic courage and speak up for truth and justice and for the values of the Constitution, in the same manner they did in 2012? 

Those who call themselves ‘disciples’ of Jesus have no qualms of conscience to hobnob (to sup and more) with fascists fundamentalists and fanatics, who brazenly destroy the sanctity of the Constitution and the secular, pluralistic fabric of the country. These ‘disciples’ find it easier to indulge in a politics of convenience and compromise. They support Hindutva terms like ‘love jihad’ and ‘drug jihad’; they do not to take on the Government and police, if schools/institutions are attacked by the Sangh Parivar or if religious sisters are harassed and hounded out of a train. They are afraid to call for the revocation of the CAA amendments, the UAPA and other sedition laws; or for the total repeal of the draconian anti-conversion laws; they are frightened  to support the protesting farmers or workers or for that matter, the unconstitutional abrogation of Articles 370 and 35A where Kashmir is concerned. For these Christians standing up to the ruling regime is just not possible. They prefer the more ‘diplomatic’ and ‘cautious’ approach: ‘silence’ they say is important for the ‘greater good.’ Some of them selectively use scriptural texts to justify their fears, ignorance and exclusiveness!  All these are sinful! 

Jesus and his gospel without compromise are about exactly the opposite. Jesus says “fear no one; I am with you!” When Christians have no courage to take a stand for justice and truth, because those who rule us may take away our possessions, privileges, power, position whatever – we are in fact sending a stronger message which is contra-witness: that our faith in Jesus is shallow, mere lip-service; that we really do not believe in him; that our treasures are with the rulers of this world! Ignorance is never a value: Jesus himself warned us about our inability to “read the signs of the times.”  If we don’t stick our necks out -one will perhaps still lose everything, but also one’s own credibility! Christians of India must wake up now, stop selling one’s soul, betraying Jesus and the Constitution of India! 

In ‘Evangelii Gaudium’, Pope Francis reminds us that, “The dignity of the human person and the common good rank higher than the comfort of those who refuse to renounce their privileges. When these values are threatened, a prophetic voice must be raised.” Is anybody listening?

(The author is a human rights, reconciliation and peace activist/writer)

The post Selling One’s Soul – The betrayal of Christ and Constitution appeared first on SabrangIndia.

Aisha Sultana, a native of Lakshadweep’s Chetlat island, is today one of India’s visible faces in the cry for justice! She is a well-known actor and director and an activist. Lakshadweep, a Union Territory, is an archipelago of 36 islands in the Arabian Sea: a paradise with pristine beauty. Its 70,000-strong population is predominantly Muslim (with smaller percentages of Hindus and Christians); although the people of Lakshadweep have strong ties with Kerala (the nearest place to the Indian mainland), they have a distinct social and cultural identity.

Recently, the current administrator (a hard-line politician of the ruling party) introduced a slew of draft legislation, which has sparked widespread protests not only in Lakshadweep but all over the country. The proposed policies are clearly anti-people and unjust, bound to have a wide-ranging impact on the islands: on the lives and livelihoods of Lakshadweep’s residents. A land development plan gives the administrator vast powers to take over land and relocate people, and provides for stringent penalties for those who resist. The plan allows for mining and exploitation of mineral resources in the islands. Under the new rules, the slaughter of cows and transport of beef products has been made an offense. The Prevention of Anti-Social Activities (PASA) Regulation provides for detention of a person without any public disclosure for a period of up to a year. The legislations are clearly designed to help the crony capitalist friends of the ruling regime!

During a debate on a Malayalam news channel recently, Sultana blamed the administrator for the surge in coronavirus cases in the Union Territory. She said the Centre was using him as a “bio-weapon” against the people of Lakshadweep. A case of sedition was filed against her with the complainant accusing her of “anti-national comments” and “tarnishing the patriotic image of the central government”. Aisha has plenty of support coming her way with many saying that the filmmaker was only speaking for the rights of the people on the islands and about the administrator’s “unscientific, irresponsible draconian decisions”. On 17 June, the Kerala High Court granted her interim bail if she is arrested but also directed her to appear before the police in Lakshadweep for interrogation.

Then we have the case of the three anti-CAA student activists: Natasha Narwal and Devangana Kalita, from the JNU (members of women’s rights group Pinjra Tod), and Jamia Millia Islamia student Asif Iqbal Tanha; all three of them were languishing in jail for more than a year, incarcerated under the Unlawful Activities Prevention Act (UAPA). On 15 June, the Delhi High Court granted bail to the three of them. The Court order was a singular blow for freedom of speech and expression and the right to dissent. Among other things the order said, “In its anxiety to suppress dissent, in the mind of the State, the line between constitutionally guaranteed right to protest and terrorist activity seems to be getting somewhat blurred” …”If this mindset gains traction, it would be a sad day for democracy.” The court also said there was a “complete lack of any specific, factual allegations…. other than those spun by mere grandiloquence” and “(such serious sections) must be applied in a just and fair way, lest it unjustly ropes within its ambit persons whom the Legislature never intended to punish.”

The court said that in establishing a prima facie case under the UAPA provisions, there have to be “specific or particularised” allegations. It notes that the prosecution has only made inferences about three activists, using “hyperbolic verbiage.” Adding, “Allegations relating to inflammatory speeches, organising of chakka jaam, instigating women to protest and to stock-pile various articles and other similar allegations, in our view, at worst, are evidence that the appellant participated in organising protests, but we can discern no specific or particularised allegation, much less any material to bear-out the allegation, that the appellant incited violence, what to talk of committing a terrorist act or a conspiracy or act preparatory to the commission of a terrorist act as understood in the UAPA.”

At the core of the High Court judgement are two principles fleshed out in assertive language. Primarily, unless the ingredients of the UAPA are clearly made out in the conduct of the accused, protest and dissent cannot be outlawed by labelling them as a terrorist act. Secondly, UAPA can be applied only in exceptional circumstances. The draconian law cannot be invoked for crimes that do not fall under these exceptions, however egregious they might be; by establishing these principles and making several other crucial points, the Court has managed to put important fetters on the abuse of the UAPA provisions.

The Delhi Police (directly controlled by the Central Government) however, are unhappy with this judgement. They delayed releasing the three activists on bail, for more than two days and of course, they challenged the validity of the judgement in the Supreme Court. On 18 June, in their prayer, the Delhi Police wanted the Apex Court to stay the High Court order because they felt that it virtually records the acquittal of the accused and others would seek bail using this as precedent. The Supreme Court however, upheld the Delhi High Court’s order granting the three activists bail. It also added that the Court’s verdict of bail for the three – charged with conspiracy under strict anti-terror law UAPA – could not be used as precedent for future cases. What was indeed ‘surprising’ was the comment of the Supreme Court saying that the verdict of the Delhi High Court was ‘surprising!’ It agreed, however, to examine the legal aspects of the High Court verdict, and said the case would be taken up next month. Some of the recent blatantly biased pronouncements by the Apex Court make most concerned citizens wince!!

The UAPA is draconian and anti-Constitutional. It has been used selectively to crush voices of dissent and throttle those who take up cudgels on behalf of those crying out for justice: the Dalits and the Adivasis, the migrant workers and the slum-dwellers, the excluded and the exploited. We see it the case of Fr Stan Swamy and the fifteen others incarcerated in the Bhima-Koregaon conspiracy case. There are hundreds in jail today, like Umar Khalid and Siddique Kappan, under the UAPA, not because they are terrorists but because they dared to take on a corrupt and fascist regime. There is absolutely no doubt about that. Journalists and academics, as we saw in the case of Sulabh Shrivastava in UP, are killed because they demonstrated the courage to confront the mafia.

The nation is fuming just now as more than a hundred thousand residents of the Khori village on the Delhi-Haryana border under the jurisdiction of the Faridabad Municipal Corporation, are being evicted from their homes following a Supreme Court order of 7 June. The order said that the Khori basti is an encroachment on the Aravalli Forest land and so deemed it fit to order the municipal corporation to undertake evictions using force if needed. The vast majority of the Khori residents are ordinary workers of the NCR. They perform a range of services that are essential for the Capital. The early residents were quarry workers who got stuck in a vicious cycle of debt to the quarry contractors. Over the years, urban poor who have been displaced from various bastis in Delhi to make way for urban development projects have also settled here. A large group also comprises low-income families who have migrated from the neighbouring states in search of jobs. It is true that the land of Khori Gaon officially belongs to the government; but these residents have been sold little parcels of land by dubious land dealers through power of attorney documents. The houses they have built are their entire life’s savings. Over the years they have spent their meagre resources to obtain water and electricity services. Among the one hundred thousand to be displaced are apparently more than 5,000 pregnant and lactating women and over 20,000 minors.

Ordinary people: casual workers, daily wage earners, migrant workers, the unemployed bear the brunt of an inhuman and unjust system which caters to the whims and fancies, the profiteering of a few privileged elite!  An important report ‘No Country for Workers’ released on 16 June highlights this painful reality. The report by the Stranded Workers Action Network (SWAN) focuses on the ‘COVID-19 Second Wave, Local Lockdowns and Migrant Worker distress in India’. The Report states that 92 percent of India’s workforce faces historic and unprecedented crisis and it relays the struggles of workers in their own words, the limited action taken by the central and state governments to arrest the continuing and alarming level of distress.  Mainstream media today has conveniently obliterated the ongoing farmer’s protest. It is more than seven months now and the farmers are unrelenting. They are clear, that despite all the difficulties and the suffering that they have to go through the three anti-farmer laws must be repealed totally and unconditionally by the Government!

There are the so-called ‘love jihad’ laws which are patently unconstitutional, which deny an adult citizen the freedom to marry the person of his/her choice and for that matter also to embrace the religion of his/her choice. Already on 18 June a first arrest was made in Gujarat (and two days later, the second arrest) under the amended law which came into effect on 15 June. In Gujarat the rights of minorities to administer their educational institutions are systematically being abrogated.

From Aisha Sultana to Natasha, Devangana Kalita and Asif ; from Khori to Lakshadweep; from the Tihar jail to Taloja jail: from Fr Stan to Umar; from the BK16 to the other UAPA incarcerated; from Sulabh to Siddique; from the farmers to the workers; from the unemployed to the refugees; from the minorities to the marginalised; from the caregivers to the academics; from the toolkits to brazen headlines; from rising costs of essential commodities   to the scandalous growing gap between the rich and the poor-the cries for justice in India, have never been so unified, shrill and clear! Every section of the country is today saying ‘enough is enough’ to the blatant and insensitive lack of political will to adhere to the tenets of the Constitution, to democratic values and the fundamental rights of all citizens. Until the time that becomes a reality, the nation will continue to cry for justice!

(The author is a human rights and peace activist/writer)

The post Lakshwadeep to Delhi: Together a cry for justice appeared first on SabrangIndia.

On 14 April, and the nation will gratefully remember Dr Babasaheb Ambedkar who was born on this day in 1891, one hundred and thirty years ago! He was a polymath and civil rights activist who contributed immensely to the nation: among others, as the Father of the Constituent Assembly, as the one who conceptualised the Reserve Bank of India and above all, as a social reformer who was known for his campaigns against the social discrimination which oppressed the Dalits, women and labour. 

One fact that the nation should not forget (particularly the Governments of Uttar Pradesh, Madhya Pradesh, Himachal Pradesh and Gujarat with their newly-minted ‘forced conversion’ laws) is that one of the greatest acts of this versatile Indian, was his clear, loud and unequivocal call to conversion! 

As early as 1935, Ambedkar made the most daring and path-breaking speech of his career, announcing that, because of the intransigence of the Hindus and the failure of a decade of nonviolent protests, he had decided to abandon Hinduism and to seek another faith. He urged the leaders at the Yeola Depressed Classes conference to consider their religious identity a choice, not a fact of destiny. In a highly emotional voice he said,

“If you want to gain self-respect, change your religion.
If you want to create a cooperating society, change your religion. If you want power, change your religion.
If you want equality, change your religion.
If you want independence, change your religion.
If you want to make the world in which you live happy, change your religion”.

About twenty years later, on 14 October 1956, (apparently the date on which King Ashoka became a Buddhist) Ambedkar, together with his wife and at least 365,000 of his followers, mainly Dalits, decided to exit Hinduism and embrace Buddhism. Ambedkar was disgusted with the caste system in the Hindu society and the deep-rooted hatred of the “upper caste” Hindus towards the “lower caste” Hindus. For several years, he had pleaded with political leaders, freedom fighters, social reformers, men of letters, administrators to end the discriminatory and obnoxious system. He also launched several agitations against social evils and against the atrocities perpetrated on the “lower castes” by the “higher castes”. His incessant cries fell on deaf ears. Nobody listened to him, no one cared!! 

Ambedkar had no alternative but to get out of a system that was throttling him and millions of Dalits all over the country. He pondered on the possibility of embracing Islam or Christianity; however, he finally decided on Buddhism because he was convinced that within the Buddhist, fold the Dalits would enjoy greater dignity, equity and respect. His conversion was indeed a watershed moment when Dalits in the country got a more meaningful identity and a voice that would now be heard; for centuries, their identity as human beings was trampled upon by the four-fold varna system dominating Hinduism. 

Ambedkar’s conversion to Buddhism was not born of fantasy nor was it a sudden overnight decision. Apparently, he had spent over twenty years studying various religions and discerning which one would be most suited for him and the down-trodden masses for whom he spoke. Addressing a huge gathering of Mahars in Bombay in May 1936, he openly spoke out his ideas on conversion and why he considered it to be the best and only route towards emancipation. He unequivocally stated,  “I tell you all very specifically, religion is for man and not man for religion; to get human treatment, convert yourselves” 

If Ambedkar were alive and in Gujarat today, he and his followers would have been hauled up, fined and imprisoned under the provisions of the amendments of the ‘Gujarat Freedom of Religion Act’ which was passed by the Gujarat State Assembly on April 1, 2021, amidst strong protests from the Opposition members. Were it not for the fact that the original act of 2003 and its present amendments are blatantly violative of the Constitution, some of the provisions are so ridiculous that they could lead to tears of laughter. For example, ‘The Statement of Objects and Reasons of the Bill’ state that, “there are episodes of religious conversion promising better lifestyle, divine blessings and impersonation. There is an emerging trend in which women are lured to marriage for the purpose of religious conversion.” In that speech in Bombay, Ambedkar said that Hinduism had failed to secure basic human rights emphasising that, “Hindu society does not give equality of treatment, but the same is easily achieved by conversion.” So how would the Government of Gujarat deal with an Ambedkar today who openly states, “to get human treatment, convert yourselves”? 

One needs to revisit the ‘Gujarat Freedom of Religion Act 2003’, which was passed by the Gujarat Assembly on March 26, 2003; at that time, the entire Opposition walked out. However, it took a full five years till 2008, for the Gujarat Government to frame the necessary rules. 

The law is easily one of the most draconian ones in the history of any democracy in the world and was piloted by the then Chief Minister of Gujarat, Narendra Modi who is currently the Prime Minister of India! During his election campaign in 2002, he singled out Muslims and Christians and promised to bring in an anti-conversion law, which he did so.
 

The provisions of the 2003 law include the following:

• it prohibits forcible conversion by allurement or fraudulent means. ‘Allurement’ is defined as “any gift or grant of any material benefit, either monetary or otherwise”. ‘Force’ is defined as “show of force or a threat of injury of any kind, including threat of divine displeasure or social ex-communication”. ‘Fraudulent means’ is defined as “misrepresentation of any other fraudulent contrivance”.

• it provides for punishment of those who seek to forcibly convert for a period up to three years imprisonment and a fine up to Rs.50,000.  but if the person being forcibly converted is a “minor, a woman, or a person belonging to scheduled caste or scheduled tribe”, the punishment is for a term of up to four years imprisonment and a fine of Rs. 1 lakh

• anyone seeking to convert someone from one religion to another, either by performing a ceremony as a religious priest, or takes part directly or indirectly in the ceremony, shall have to take prior permission from the district magistrate  (a civil authority) through a prescribed format

• the person who is sought to be converted shall have to intimate the district magistrate about the ceremony within a prescribed period, to be laid down in the rules.  In case of default, the converted shall face upto one year imprisonment or a fine of Rs.1,000 or both

The Act at that time was clearly aimed at the minorities of the State particularly the Muslims and Christians. In fact, there were attempts in subsequent amendments to say that one can convert, without permission and the possibility of punishment, to Sikhism, Buddhism and Jainism since these religions belong to the ‘Hindu fold’. The Government had to hastily withdraw these attempts because of huge protests from leaders and representatives of these religions. The proponents of this warped idea, were certainly not educated enough to realise that all three are Protestant Religions: Sikhism is monotheistic (drawing many elements from Islam); whereas Buddhism and Jainism are a-theistic and in their theology, they do not worship the pantheon of Gods of Hinduism. With that same perverted logic that withdrawn amendment said that no permission was needed for a Catholic to become a Protestant and vice-versa. 

In February 2006, in keeping with the letter and spirit of his anti-Constitutional law, at a Shabri Kumbh (a mass gathering of Hindus) programme in the Dangs (supported by the Gujarat Government), Modi warned the Christians “It is my constitutional duty to prevent conversions.  Our Constitution disapproves of them, and yet some people turn a blind eye.” Morari Bapu accused the Christians of bringing in plane-loads of missionaries from the Vatican “who come here to carry out conversion activities but when we organise a ‘ghar wapsi’ why should it be termed as bad?”  Both Modi and Morari Bapu also clearly endorsed the ‘ghar wapsi’ programmes which were part of that programme. In 2009, the constitutional validity of this law was challenged in the Gujarat High Court by the Gujarat United Christian Forum for Human Rights and others. A notice was sent to the Government to respond, they did not do so because they did not have a legitimate response and the courage to do so. The petitioners later withdrew their petition with an intention of making it stronger. 

The point is not whether one has the right ‘to convert another’, but whether a citizen of India, has the right to choose a religion of one’s choice. Article 25 of  the Constitution of India guarantees the freedom of conscience, the freedom to profess, practice and propagate religion to all citizens and Article 18 of the Universal Declaration of Human Rights (of which India is a signatory) asserts that  “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance”. Does one need more?!

At this juncture, the questions one needs to ask are: if two mature consenting adults would like to marry, what right has the State to stop them from doing so? Then, if a Dalit girl wants to embrace Buddhism, since it is the religion of her husband and could lead to enhancing the quality of her life, (Ambedkar made this so obvious!), does she have the right to do so? Or for that matter, if a Christian girl wants to freely embrace Islam after marrying a Muslim, does she also have the right to do so? Why should the State (with its brutal mechanism and vigilantes) or anyone else, interfere in matters which are personal and private and clearly violative of Article 21: the right to privacy. On 24 August 2017, the Supreme Court of India in a historic judgement declared the right to privacy as a fundamental right, protected under the Indian Constitution. In declaring that this right stems from the fundamental right to life and liberty, the Court’s decision has far-reaching consequences for every citizen.

Whilst piloting the Bill on April 1, the Home Minister of Gujarat Pradipsinh Jadeja, did not try to hide the communal intent of the Gujarat Government saying, “Our Government will never forgive the Jihadi elements who abuse our daughters. Love Jihad is not our political agenda but it is our pain and our Government is determined to take strict action by converting this pain into the system”. In a manner which has come to characterise the mindset of the ruling regime Jadeja added that love jihad was a ploy of Muslim countries to control India and attack the social fabric of the country.

The Gujarat amendments on April 1 were no ‘April fool’ jokes! They were real, draconian and anti-constitutional! Referred to now as the ‘Gujarat Freedom of Religion Act, 2021’ it provides more stringent punishment against forced religious conversions through marriage. The new law has provision for three to ten years in jail and a fine of up to five lakh rupees if the accused is found guilty. The Bill amends the 2003 Act, and seeks to curb the emerging trend in which women are lured to marriage for the purpose of religious conversion. Though there are other ‘States with ‘anti-conversion’ laws Gujarat is the fourth State (in these recent months) to have a law on so-called ‘forced’ conversion, after Uttar Pradesh, Madhya Pradesh and Himachal Pradesh (the Citizens for Justice and Peace have challenged the constitutional validity of these in the Supreme Court). 

The key amendments in the ‘Gujarat Freedom of Religion Act, 2021’ include:

·        The original act of 2003 specified only two categories of allurement or offer of temptation (under Section 2 of the Act): – Any gift or gratification, either in cash or kind, and a grant of any material benefit, monetary or otherwise
 However, the amendment bill proposes a third category

            “better lifestyle, divine blessings or otherwise”.

·        Insertion of new Section 3A on Lodging of Complaint:

          Any aggrieved person, his parents, brother, sister or any other person related by blood,

          marriage or adoption may lodge a first information report with the police station

           having jurisdiction against the person

·        Insertion of new section 4A for Punishment for contravention of provisions Section 3 in case of marriage by unlawful conversion

Notwithstanding anything contained in Section 4, whoever contravenes the provisions of Section 3, insofar as conversion by marriage or by getting a person married shall be punished with imprisonment which shall not be less than 3 years but which may extend to 5 years and shall also be liable to fine which shall not less than Rs. Two lakh

·        Insertion of new section 4B on Marriage by unlawful conversion

         Any marriage which is done for the purpose of unlawful conversion by the person of

         one religion with the person of another religion, either by converting himself/herself

         before or after marriage shall be declared void by the Family Court or where the

         Family Court is not established by the Court having jurisdiction to try such cases.

·        Section 4 (C), if any institution or organisation is found contravening the law,

then every person who was in charge or was responsible for violation of law could be punished for imprisonment for three years (may extend up to 10 years) in jail and a fine of up to ₹5 lakh can be imposed.

·        Insertion of section 6A on Burden of Proof

The burden of proof as to whether a religious conversion was not effected through misrepresentation, force, undue influence, coercion, allurement, or by any fraudulent means or by marriage shall lie on the person who has caused the conversion and, where such conversion has been facilitated by any person by act, omission, aid, abetment or counselling, on such other person.

·        Offences to Be Cognizable and Non Bailable in Section 7

 The offences under the Act have been made Cognizable and Non Bailable and they will be investigated only by an officer who isn’t below the rank of Deputy Superintendent of Police

There are several points both in the original Act of 2003 and the recent amendments, which are not only contentious but blatantly unconstitutional. For example, the point of ‘better lifestyle, divine blessings or otherwise’: this certainly has far-reaching implications and can have a whole range of interpretations. Let’s talk about ‘better lifestyle’: who decides what is a so-called ‘better lifestyle’? Take the instance of a person whose original religion dictated plenty of fast and penance – now s/he embraces a religion which say, allows eating plenty and perhaps a different type of food and also with less rigorous penance; all of this makes the ‘converter’ a happier person – could this be interpreted as a ‘better lifestyle?’

Then there is the aspect of ‘divine blessing’; for centuries, people from all walks of life have been invoking God’s blessings on each other! So, does it now mean that in Gujarat we can no longer say “God bless you!” or invoke God’s blessings (or divine intervention) on another for whatever the reason? Strange indeed! Then comes the whole dimension of preaching: the sermons and homilies that Christian priests, religious and catechists give all the time. One speaks about ‘heaven’, ‘eternal life’, ‘finding peace in God’ and so on – does all this contravene the newly amended law? The opposite is ‘divine displeasure’ which may come under this ambit: can one say that one may go to ‘hell’ if one does not obey the commandments of God or maybe even embrace a particular religion? The icing on the cake is the word ‘otherwise’ – what does it mean legally, is it tenable or does one leave it to the whims and fancies of the so-called interpreter and judge of the law?

Any informed and concerned citizen knows that there are ample provisions in the CrPC to deal with anything to do with force and fraud, bribery and corruption, threat and kidnap – why are these not being used to deal with the myth of ‘love jihad’? On the other hand, why are these not being used against our high and mighty politicians and other vested interests? They have made promises galore, cheated the poor and the marginalised of what is rightfully theirs and looted the nation. Many of them should have been imprisoned for life, long ago!

The Gujarat Freedom of Religion law is clearly reflective of a patriarchal and prejudiced mindset. Some of the sections in the amended law like the ‘offfences to be cognizable and non-bailable’ seem to be taken right out from the draconian Unlawful Activities Prevention Act (UAPA). The people of India, are certainly experiencing difficult days under a fascist regime! This law needs to be protested because of its unconstitutionality. It must be withdrawn ‘in toto’ immediately!

The above provisions are against democratic tenets, the nation’s secular fabric and the fundamental rights of citizens. It reveals the mindset of a fascist regime that is clearly afraid that a thinking and discerning citizenry will expose their hegemony on the poor and marginalised , the Dalits and Adivasis of the country. One needs to first look at highly discriminatory and unjust practices within one’s own religion and even the lifestyle of so-called ‘godmen’, before unconstitutionally preventing others from leaving their fold. The Governor of Gujarat has not yet given his assent (he will surely do so) to these draconian amendments; after that the Government will have to frame the rules for this Law.

Addressing a public gathering on the 2003 Gujarat Law at the Nehru Centre in London on 11 June 2003, eminent Jurist and former Solicitor General of India, Mr. Soli Sorabjee hit the nail on the head saying, “The Gujarat legislation goes one step further and provides that the person who is converted has also to seek permission from the District Magistrate about the fact of such conversion. Failure to comply with these statutory provisions invites severe punishment of imprisonment and fine. These provisions are objectionable. They intrude on a person’s right to privacy. One’s religious belief is essentially a private matter as is conversion from one’s religion to another.  It is a result of deep-seated inner convictions. The State laws have the effect of deterring genuine conversions and impairing the substance of religious freedom guaranteed by the Constitution. These laws have further shaken the confidence of the minority communities and accentuated their sense of insecurity.”

In a landmark judgement on April 9, the Supreme Court asserted that any individual above the age of eighteen years is free to choose their own religion. A three-member bench headed by Justice Rohinton F. Nariman said people have a right under the Constitution to freely profess, practise and propagate religion. The order lashed out at a “very, very harmful kind” of “public interest” petition claiming there is mass religious conversion happening “by hook or by crook” across the country. Justice Nariman asked the   petitioner “Why do you think there is the word ‘propagate’ in the Constitution?’”  Further saying that, every person is the final judge of their own choice of religion or who their life partner should be. Courts cannot sit in judgment of a person’s choice of religion or life partner. Religious faith is a part of the fundamental right to privacy. He also reminded the petitioner of the Constitution Bench judgment which upheld inviolability of the right to privacy, equating it with the rights to life, of dignity and liberty. Justice Nariman further  said if left up to him, the Supreme Court’s decision of 1977  in the Rev. Stanislaus vs State Of Madhya Pradesh (1977) was wrong and the word “propagate” was there in the Constitution for a reason(in that case a Constitution bench held that the right to propagate did not include the right to convert under Article 25 of the Constitution).

Based on Nariman’s recent judgement, it is left to be seen if the Supreme Court can do a suo motu and ensure a full Constitution bench to review not only the ‘Stanislaus judgment’ but also all the anti-conversion laws and the recent ‘forced conversion’ laws. The Supreme Court has within its powers to bring the four BJP Governments of UP, MP, HP and Gujarat to book and strike down as unconstitutional the ‘forced conversion’ laws of these four States. 

On 14 April and the days after, we all need to resonate with Ambedkar’s call to conversion. It was a call to ALL Indians, then and now to defy and protest against anything unconstitutional; to openly propagate the right to convert to justice, liberty, equality and fraternity and to the religion of one’s choice! 

*(Fr Cedric Prakash SJ is a human rights and peace activist, and writer.)

Other pieces by Fr Cedric Prakash SJ:

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Fr. Stan Swamy SJ already ‘One Hundred Days in Prison’

The post Ambedkar and the call to Conversion! appeared first on SabrangIndia.

On 15 January 2021, 83-year-old Jesuit Fr Stan Swamy, completes one hundred days since he was taken into custody from his residence in Ranchi, by the National Intelligence Agency (NIA) on 8 October 2020; he has since been incarcerated in the Taloja jail, near Mumbai. Fr. Stan has been charged under the Unlawful Activities Prevention Act (UAPA) for his alleged involvement in the Bhima Koregaon violence which took place on 1 January 2018 and for participating in the Elgar Parishad, the previous day.

The truth is that Fr Stan has never been anywhere near Bhima Koregaon and did not participate in the Elgar parishad. Fifteen others (all human rights defenders) have also been incarcerated in this fabricated case; some of them are languishing in jail for more than two years now. On the other hand, the actual perpetrators of the violence, who were originally named, have gone scot- free because of their close connections with the regime that rule the nation today.

The UAPA needs to be withdrawn immediately and unconditionally. On 25 November (the eve of India’s ‘Constitution Day’) Justice A.P. Shah, the former  Chairman of the Law Commission in an interview to Karan Thapar for The Wire (the interview went viral), referred to the Supreme Court April 2019 ruling in the Zahoor Ahmad Shah Watali case which says “that an accused must remain in custody throughout the period of trial” if he or she is charged under the Unlawful Activities (Prevention) Act and that “courts must presume every allegation made in the FIR to be correct and the burden rests on the accused to disprove the allegations”; this he asserted is a “complete negation of Article 21 which is the right to personal liberty”. Justice Shah said that bail is the rule and jail the exception; now, it seems, the Supreme Court has made jail the rule and bail the exception. He added “it seems we are living in a state of undeclared emergency”. He went on to add that today “courts lack humanity and fundamental concern for the human rights of the accused”. In this connection he cited the example of Varavara Rao and Stan Swamy. He was particularly astounded by the decision of the NIA Court to require two weeks to decide whether Stan Swamy can be permitted a straw or sipper. Very strong statements indeed from one of the best-known jurists of the country.  

To put matters in perspective, on 26 November, Fr Stan Swamy’s plea (by his lawyers) at a Special Court for a straw and a sipper cup which he needed as a Parkinson’s Disease patient, was once again put-on hold till 4 December. The National Investigation (NIA) filed a reply on the petition of Fr. Swamy seeking the return of the straw and sipper confiscated during his arrest saying that the agency did not take them. Fr Stan finally received the straw sipper; but once again on 14 December his bail application was opposed by the NIA. On 12 January 2021, another hearing began with advocates on both sides presenting their arguments; these are expected to continue for some more days; whether Fr Stan will be released on bail or not at this juncture, is anybody’s guess! 

Besides his age, Fr Stan is also feeble with physical infirmities. He however, does not complain; he retains his deep spirituality and positivity. His communications with the outside world are regulated and monitored; each of them is in fact very motivating. Just before Christmas he wrote a very touching poem, an excerpt from it goes thus,

“Prison life, a great leveller

Inside the daunting prison gates
All belongings taken away
But for the bare essentials

‘You’ comes first
‘I’ comes after
‘We’ is the air one breathes

Nothing is mine

Nothing is yours
Everything is ours

No leftover food thrown away
All shared with the birds of the air!”
 

In the meantime, thousands of citizens from all walks of life and from everywhere have strongly condemned the illegal arrest of Fr Stan and demanded his immediate release. In a letter (dtd. 18 December 2020) addressed to the Prime Minister, more than twenty European Parliamentarians say, “The undersigned, Members of the European Parliament (MEP), would like to express our deep concern about the detention and imprisonment of 16 human rights defenders in connection with the Bhima Koregoan case under the Unlawful Activities Prevention Act (UAPA) in relation to the incident that took place in India in December 2017. We would like to draw particular notice to the Jesuit priest Fr. Stan Swamy, arrested on October 8, 2020 in Ranchi…. The work he has been engaged in, has always been within the framework of the Indian Constitution and of democratic processes Fr. Stan Swamy is 83 years old and a sufferer of Parkinson’s Disease…He is thus in a vulnerable physical state and especially because of his advanced age has been under medical observation and special diet. His captivity has in no doubt impaired his health for the last month and a hall. We are deeply concerned about his health and well-being in the midst of the COVID-19 pandemic, and we urge you to release him immediately on humanitarian grounds”.  

Recently a high-level human rights team of the UN which included the Working Group on Arbitrary Detention, the Special Rapporteur on the situation of human rights defenders and the Special Rapporteur on minority issues, have made public a letter they had written to the Government of India expressing their concern over the “alleged arbitrary detention of human rights defender Stan Swamy”. The letter which was sent to the Indian Government on 3 November 2020, was made public, because the Government had not replied to them within the mandated period of sixty days. The letter  asked the Government to  “provide information as to the factual and legal basis for the arrest of Mr Swamy on 8 October 2020” and also asked for information on the measures undertaken to “ensure that minority human rights defenders, and in particular human rights defenders working for the protection and promotion of the rights of persons belonging to minorities or scheduled castes and tribes in India, are able to carry out their legitimate work in a safe and enabling environment, without the fear of prosecution, intimidation, harassment and violence, in full respect of their civil and political rights, including in the context of the Covid-19 pandemic.”

Meanwhile an online petition addressed to the United Nations High Commissioner for Human Rights (OHCHR) asking for the release of Fr Stan has generated thousands of signatures from all over the world!  On 15 January, the hundredth day of Fr. Stan’s imprisonment, several online programmes are being planned; one of them is being organized by the Peoples Union for Civil Liberties (PUCL) and the Jesuits who are campaigning for the release of Fr Stan, together with several other major human rights networks and platforms in the country; the programme will focus on ‘the brutal face of the Indian State!’. Mary Lawlor, the UN Special Rapporteur on the situation of human rights defenders, will be speaking at the programme!

Prison is no palace! One thing however, is clear: that in the face of growing human rights violations and the systematic destruction of democratic principles, thanks to Fr Stan and the others languishing in jail, there is today a greater awakening among “we the people of India!” The clarion call then is to act together, expeditiously and with a sense of purpose – before all is lost for all and forever!                                                                                                                                                                            

*Fr Cedric Prakash SJ is a human right, reconciliation & peace activist/writer. Contact cedricprakash@gmail.com

More by Fr. Cedric Prakash:

Stand with Stan, Now!

Indian Civil Society is being Murdered!

The post Fr. Stan Swamy SJ already ‘One Hundred Days in Prison’ appeared first on SabrangIndia.

Human Rights Day once again! Another anniversary, when post World War- II the world gave itself the Universal Declaration of Human Rights- a pathbreaking and much needed Magna Carta. Sadly, for many (particularly for India) this past year has been a bad one: the pandemic Covid-19 has played havoc with lives and livelihoods of millions everywhere.

It has been a particularly bad year for human rights in India: in a systematic but brutal manner, the legitimate rights of people are not only denied but are crushed. The victims as usual are the poor and the marginalised; the Adivasis and the Dalits; women and children; the excluded and other vulnerable workers. To add to it, human rights defenders, and others who take a visible and vocal stand against a regime which day by day prove to be anti-people, anti- Democracy and anti-Constitutional are at the receiving end of a system which reeks of vendetta.

On November 26, (the Constitution Day in India) it was estimated that more than 250 million people in India went on strike protesting against the anti-farmer and anti-labour policies of the Government. On December 9, after a Nation-wide bandh the previous day, millions of farmers were still demanding their legitimate rights!

The farmers are denied their rights: today thousands of them are literally on the warpath, converging in Delhi, ensuring a massive blockade. Their message is clear: it is they who provide the nation with sustenance through their toil and sweat; they no longer wish to be taken for granted; as a group that can just be treated with disdain: as a vote-bank. Their protest is apolitical yet members of the ruling class have called them names like ‘Khalistanis’, terrorists etc. They demand that their legitimate rights are respected: they want an immediate roll back of three bills recently passed by the Government; they are convinced that these bills will have a negative impact on their livelihood and are blatantly designed to help the crony capitalists to profit. In a statement the farmer groups said that in their talks with the government they have asked for the withdrawal of the three laws that they say will leave them at the mercy of large corporations and override safeguards against being cheated. Support for the farmers rights is pouring in from all over the country but also from abroad.

The migrants are denied their rights: the nation witnessed their plight from the night of March 24/25 when the lockdown was first announced. Millions of migrants were stranded overnight without food, cash, and shelter. What the Government did not visualize was that they would have the grit and determination to walk back home. There are the terrible pictures and footage of them walking miles back to their native places. They were subjected to violation of their fundamental rights under Articles 14, 15, 19, and 21 and often to severe police harassment on interstate borders. Many reportedly died as a result of the lockdown, due to exhaustion en route home, starvation, suicides, police excesses, illnesses, and rail and road accidents. There is a Supreme Court order demanding that the plight of these migrants is not only looked into but their suffering is also alleviated; but who cares?

The workers are denied their rights: the working class has suffered tremendously during this pandemic.  Besides, the Government denying them public transportation for almost two months to return home, they were also denied wages when their establishments were closed during the lockdown. The Government seemed to desperately have wanted to keep them back at their ‘workplace’ so that they could be available as soon as the lockdown to work once again at the mercy of their employer; many of them are back for long hours of work but with reduced wages.

To add salt to their wounds, on September 23, Parliament passed three labour code Bills when the opposition was boycotting the monsoon session on the issue of the farm Bills. The three Bills, the Industrial Relations (IR) Code, the Occupational Safety, Health and Working Conditions (OSH) Code, and the Social Security Code, along with the Code on Wages, 2019, amalgamate 44 labour laws. All these Codes deal with wages, industrial relations, social security, safety, and welfare conditions. There are several features of the Codes which are problematic and go against the rights of workers; besides, the process by which they were pushed through was hardly transparent. For one, all central trade unions were opposed to the amalgamation of the hard-won labour laws and had submitted their objections on several occasions. The Government however, does not relent.

The Adivasis are denied their rights: one experiences this, the way the jal-jungle-jameen is being taken away from them. The areas which they have inhabited for centuries is being for industrialisation, for mining, for so called ‘development’ works and other mega-projects. More than two million of them and other forest-dwellers remain at risk of forced displaced and loss of livelihoods after their claims to stay on in their habitats under the Forest Rights Act were rejected. Many Adivasis from the Kevadia area (which is around India’s latest white elephant – a gross statue in the name of Sardar Patel) were made to leave their homes overnight. PESA is the Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 -a law enacted by the Government of India for ensuring self-governance through traditional Gram Sabhas for people living in the Scheduled Areas of India. The sad part is that the Adivasis are also being denied their rights under PESA.

Human rights defenders and NGOs are denied their rights: this Government brooks no dissent. What is happening to this essential dimension of democracy has come in from no less a person than the UN High Commissioner for Human Rights Michelle Bachelet who on 20 October appealed to the Government of India to safeguard the rights of human rights defenders and NGOs, and their ability to carry out their crucial work on behalf of the many groups they represent. Bachelet expressed regret at the tightening of space for human rights NGOs in particular, including by the application of vaguely worded laws that constrain NGOs’ activities and restrict foreign funding. In a strongly worded statement Bachelet said, “India has long had a strong civil society, which has been at the forefront of groundbreaking human rights advocacy within the country and globally, but I am concerned that vaguely defined laws are increasingly being used to stifle these voices.” Adding, “I am concerned that such actions based on the grounds of vaguely defined ‘public interest’ leave this law open to abuse, and that it is indeed actually being used to deter or punish NGOs for human rights reporting and advocacy that the authorities perceive as critical in nature. Constructive criticism is the lifeblood of democracy. Even if the authorities find it uncomfortable, it should never be criminalized or outlawed in this way.”

What is happening to Fr Stan Swamy and the fifteen others arrested (and now languishing in prison) under the draconian Unlawful Activities Prevention Act (UAPA) for involvement in the Bhima- Koregaon violence, is a case in point. Many others are detained for no reason.

The minorities are denied their rights: it keeps happening at a frightening regularity. Muslims and Christians are at the receiving end of venomous hate speeches, constant denigration and even attacks.  The Babri Masjid – Ram Mandir issue had two Supreme Court verdicts with communal overtones favouring the majoritarian community.  Come December 6, one is reminded of that infamous day in the annals of the country when the Sangh Parivar destroyed the Babri Masjid in 1992- of course no one was declared guilty of this heinous crime! The abrogation of Articles 370 and 35 A in Kashmir has enhanced the communal divide. The ‘Love Jihad’ law of UP is clearly focussed on a Muslim boy marrying a Hindu girl. Besides it is expected to lead to a spate of anti-conversion laws in the country. A real bogey and which certainly violates the fundamental rights of a citizen. The recently concluded Greater Hyderabad Municipal Corporation elections had very strong communal messages delivered which has polarised the communities there very sharply. The Government conveniently forgets that India is a secular country.  

Ordinary citizens are denied their rights to a clean, green ‘common home’! Recently, the Ministry of Environment, Forests and Climate Change (MoEFCC) has given a green signal to more than forty projects without the mandatory environmental clearances. Most of these projects favour their rich crony capitalist friends literally giving them a license to loot, plunder and rape the environment and much more! The felling of thousands of trees and the destruction of a natural sanctuary in Mollem, Goa – has brought thousands of Goans out on the streets. The aim of this project is to build a double track railway line for the shipping of coal for the Corporation of one of the country’s henchmen. Our precious biodiversity and our fragile ecosystems are being destroyed. The Government today just does not care and has clearly gone on a downward spiral: doing everything they can to destroy the environment: The Western Ghats and the Aravalli Hills; the building of a dam in Dibang; the selling of coal mines to private companies and much more

The environment is destroyed with the growth of polluting industries without the necessary environmental safeguards because of callousness and corruption. On 7 May, a gas leak that occurred at the LG Polymers chemical plant near Visakhapatnam killed eleven persons and affecting more than a thousand others. December 3 marked  36 years since the highly toxic chemical methyl isocyanate (MIC) leaked from a storage tank in Bhopal’s Union Carbide India Limited (UCIL) plant killed around 25,000 people and injured nearly 550,000 people in 1984 .Three and a half decades later, the latter continues to demand justice from India’s judiciary and governance with the help of some civil rights groups; in a joint  press release recently they said, “The year 2020 has been an extremely traumatic period for Bhopal gas victims. The struggle for justice, which gas-victims had been relentlessly waging for the previous 35 years, was itself a testimony to the failure of the Indian State to mete out justice in all these years.” The main culprits have however got away with murder and in connivance with ruling regimes.

The rights of women and children, the rights of Dalits, of the excluded and other vulnerable groups are being denied in a calculated manner. The right to freedom of speech and expression and of religion, the right to dissent – are all being denied by a fascist regime, a spineless judiciary, a pliant executive, a godified media and corrupt vested interest groups.

Human Rights Day 2020 is therefore a call to wake-up from our slumber, shake off the apathy and to rise together: demanding and ensuring- HUMAN RIGHTS FOR ALL!

Fr. Cedric Prakash SJ is a human rights & peace activist/writer.

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The post Our Human Rights are denied! appeared first on SabrangIndia.

John Lewis is no more and the world will miss him! When he died on July 17, 2020, he left a great void which will never be filled! He was one of a kind who roamed this earth, impacted on the lives of many and has left us all a rich and unforgettable legacy. He was truly a wonderful human and a great hero! Beginning Saturday July 25, his funeral ceremonies will last for full six days until his burial on Thursday July 30.

Ever since he died, rich and glowing tributes have been pouring in from every corner of the world; editorials and op-eds have been written on him: all remember and highlight the many causes he espoused and championed as a civil rights leader. The Congressional Black Caucus in a statement said. “The world has lost a legend; the civil rights movement has lost an icon.” John fought against against every form of discrimination and divisiveness: be it racism, casteism and attacks on the minorities in India. His convictions and stand for justice -were always based on nonviolence, peace and unity. 

Much is being written about John Lewis. He was truly someone who contributed in many in promoting and protecting all that is right and just. Many of the eulogies that are written are by people who knew him at close quarters: were connected with him, worked with him or for that were able to follow him at least a good part of his eighty years. I make no claim to belong to any of these special groups. I have had however, the joy and privilege of meeting with him on three different occasions: once in Ahmedabad and on two different occasions in Washington DC; two of these meetings were very brief but one lasted for almost a couple of hours!

Ever since I heard of the death of John Lewis, I have been revisiting my meetings with him and feel it is important to put down some of my personal glimpses of this great soul, as a small way of paying my tribute to him, these include:

John Lewis was very human

I cherish my meetings with him; he gave me value time; he was such a warm, affable, available and unassuming person despite the power he had and the influence he could wield!  He was definitely a busy person, but when I spoke, he gave me his total undivided attention, listening intently! His questions were based on what I had said; areas which needed more clarification or substantiation. Right from the word ‘go’ one felt that he trusted you; believed in what you were saying, was on the same page as you were and was determined to do all he could to address the concern

John Lewis was inspired by Mahatma Gandhi

There has never been any doubt about this: he was convinced of the non-violent approach of Mahatma Gandhi. I first met John in the Gandhi Ashram here in Ahmedabad; he was accompanying Martin Luther King III (the son of MLK Jr). “I have always wanted to come here; to experience the sacredness of this place”, he said to me. In one of my visits to his office in the Capitol, he insisted that his political assistant takes a picture of the two of us, in front of the displayed photos of Mahatma Gandhi and Martin Luther King Jr. which adorned his shelves. It is a vintage picture which I will always treasure. In December 2019, to mark the 150^th birth anniversary of Mahatma Gandhi, John Lewis introduced a Bill (HR 5517) in the US House of Representatives that aimed to promote the legacy and contributions of Mahatma Gandhi and Martin Luther King. Through the bill, he hoped to affirm the friendships of the two largest democracies of the world: India and the US and establish a bilateral partnership, “for collaboration to advance development and shared values, and for other purposes”. He had earlier proposed a similar bill, called the “Gandhi-King Scholarly Exchange Initiative Act of 2011”, which aimed to use peaceful and non-violent methods for global conflict resolution.

John Lewis took a stand against injustice and for freedom

He was always concerned against any injustice, any discrimination that took place anywhere. His public fight against injustice began in the summer of 1961, when he and other students protested at segregated lunch counters and later joined the famous Freedom Rides. By his early twenties, Lewis was head of the Student Nonviolent Coordinating Committee. In March 1963, he joined Martin Luther King and others at the ‘March on Washington’. He elevated his fight for freedom and equality with a passionate speech on the steps of the Lincoln Memorial’. He spoke on voting rights and the future of the Democratic Party. His speech was brief, lasting less than eight minutes, but his words influenced a generation of activists. “To those who have said, ‘Be patient and wait,’ ” he said, “we must say that we must not be patient. We do not want our freedom gradually, but we want to be free now.“ His own resolve for justice and freedom was tested, as he and other peaceful protesters were violently beaten in 1965 while crossing the Edmund Pettus Bridge in Selma, Alabama. He never looked back since then! He was anguished and angry at was happening to the minorities (particularly to the Christians and Muslims), the Dalits, the Adivasis and other vulnerable groups, in India, particularly since 2002. He never hesitated in sponsoring any Congressional resolution or endorsing any Congressional statement to address these matters.

John Lewis loved Mother Teresa

He simply loved Mother Teresa; her love for the poor; the peace and joy which she radiated. On 29 December 1975, TIME magazine brought out a special issue entitled ‘LIVING SAINTS’ (Messengers of Love and Hope). Mother Teresa was on the Cover Page and figured prominently in the detailed cover story, ‘Saints Among Us: The Work of Mother Teresa’. The story however, was not only about Mother Teresa but also about other ‘living saints’ who were making their mark on society with the much-needed love and hope. This is what TIME Magazine said almost forty-five years ago, “The U.S. has its own civil rights heroes. John Lewis, 35, the young apostle of nonviolence in the ’60s, was arrested more than 40 times in civil rights demonstrations, and his skull was fractured at Selma in 1965. Since 1970 he has headed the Voter Education Project in Atlanta and helped register some 3.5 million blacks. As a Baptist seminarian, Lewis was kidded for talking up the Social Gospel, but he insists that some “immutable principles” must be at the base of the “Beloved Society” he envisions, and nonviolence is one of them. If a compassionate world is the end, he argues, “then the means we use must be consistent with it.” John was the youngest of the ‘living saints’ who found a place in the article. No small achievement! I had never seen that issue of TIME magazine; but in one of my meetings with him, in a very bashful manner he took out a copy of that issue and showed it to me. “You know Father, he said, one of the happiest moments of my life was to be honoured in the same article which featured Mother Teresa. I know that I am not deserving of that ‘title’ but it has spurred me all these years to love the poorest of the poor just as she did!” Today I believe that John is with Mother Teresa in heaven celebrating their sainthood together there!

John Lewis admired Pope Francis

He genuinely admired Pope Francis. In September 2015, Pope Francis gave a historic speech to a joint session of the US Congress in Washington. That speech touched the hearts of many who were listening; many were teary-eyed. He returned to his Office and released a powerful statement which went viral and was covered extensively by the mainstream media. He wrote:

“The Holy Father, Pope Francis of the Holy See, delivered a powerful message to Congress and the American people today.  In his humble, gentle way he used his authority to encourage us all to simply do what is right to protect the dignity of all humankind.  

“He said, ‘All political activity must serve and promote the good of the human person and be based on respect for his or her dignity….Politics is…an expression of our compelling need to live as one, in order to build as one the greatest common good…’

“These words and ideas speak to the center of our work as members of Congress and to the importance and vitality of our roles as individual citizens. Pope Francis delivered one of the most moving speeches I have ever heard in all my years in Congress.  I loved the way he used the life and work of President Abraham Lincoln, Dr. Martin Luther King Jr., Dorothy Day and Thomas Merton as the basis of his lesson for all of us.

“Though I was reluctant to openly shed tears, I cried within to hear his words.  I was deeply moved to realize I had a connection in some way with some of those he mentioned. When TIME magazine, years ago, did a story on “living saints,” they actually included Dorothy Day and I in the story.  Also Thomas Merton was a monk whose words I studied during non-violence training in the Civil Rights Movement. It was amazing that the Pope mentioned the Selma-to-Montgomery march because during the first attempt to march to Montgomery, now known as Bloody Sunday, I carried one of Thomas Merton’s books in my backpack.

“Pope Francis spoke to the heart and soul of Congress and America.  It is my hope and prayer that members of Congress will heed his simple call to respect the dignity and divinity of every human being then we would be better servants of the American people, this would be a better country, and a better world.” It was a direct ‘release’ from the heart of John: he meant every word! A genuine outburst!

In his lifetime, John tried to emulate MLK Jr., Mahatma Gandhi, Mother Teresa and Pope Francis. He has left us at a crucial and critical time of our lives. The only real tribute we can pay this great soul is to have the courage to try to live concretely and substantially the rich legacy he has left us: by taking a stand against every form of discrimination and injustice around us!

Rest in peace Dear John! The world will miss you! We are poorer without you!

*Fr Cedric Prakash SJ is a human rights and peace activist/writer.

Other pieces by Fr Cedric Prakash:

Refugees Matter!

‘We’, not ‘us’ and ‘them’

Whither Freedom of Press in India?

The post John Lewis: The world will miss him appeared first on SabrangIndia.

‘World Press Freedom Day’ (3 May) in India is a day of reckoning: a time for  stock-taking and for soul-searching; to realise the abysmal depths to which the ‘press’ has fallen in the country and the way several journalists have stooped for petty gains, for political patronage and for their own TRPs. It is a day on which the Indian press needs be challenged on whether it has completely abdicated its role and responsibility as the fourth pillar of democracy or if there is any possibility left for it to redeem itself? Certainly a dilemma – because most will not have the courage to answer it!

In December 1993, the UN General Assembly proclaimed ‘World Press Freedom Day’, following a recommendation of UNESCO’s General Conference. Since then, 3 May, the anniversary of the Declaration of Windhoek is celebrated worldwide as World Press Freedom Day.

The day acts as a reminder to governments of the need to respect their commitment to press freedom. It is also a day of reflection among media professionals about issues of press freedom and professional ethics. It is therefore an opportunity:

to celebrate the fundamental principles of press freedom;

to assess the state of press freedom throughout the world;

to defend the media from attacks on their independence;

to pay tribute to journalists who have lost their lives in the line of duty.

The theme for this year’s World Press Freedom Day is ‘Journalism Without Fear or Favour.’ It calls for awareness on specific issues about the safety of journalists, their independence from political or commercial influence, and gender equality in all aspects of the media.

An apt theme for the press in India, who in recent years can easily be defined as ‘journalism only with fear and favour’. One does not need to be a rocket scientist today to realise that, by and large, the Indian press is corporatised by the big moneybags of the country; is co-opted by a fascist regime which brooks no dissent; is communalised to the core, catering to a group that cares two hoots for the Constitution of India and has become highly commercialised in its desperation to garner revenue through advertisements either from the Government or the private sector.

Most (particularly many journalists) seem oblivious to the fact that in India, the right of freedom of speech and expression is a fundamental right in our legal system and guaranteed in our Constitution. The right to free press does not exist independently and is incorporated in the right of freedom of speech and expression; and therefore the right to free press is regarded as a fundamental right.

A few days ago, ‘Reporters without Borders (RSF)’ released their ‘2020 World Press Freedom Index’. Their report shows that the coming decade will be decisive for the future of journalism, with the Covid-19 pandemic highlighting and amplifying the many crises that threaten the right to freely reported, independent, diverse and reliable information.

This 2020 edition of the Index, which evaluates the situation for journalists each year in 180 countries and territories, suggests that the next ten years will be pivotal for press freedom because of converging crises affecting the future of journalism: a geopolitical crisis (due to the aggressiveness of authoritarian regimes); a technological crisis (due to a lack of democratic guarantees); a democratic crisis (due to polarisation and repressive policies); a crisis of trust (due to suspicion and even hatred of the media); and an economic crisis (impoverishing quality journalism).

On expected lines, India is place 142 out of the 180 countries evaluated; this is two notches below the 140 position of 2019 and worst ever placement for the country. Analysing the ground reality in India the Report says, “With no murders of journalists in India in 2019, as against six in 2018, the security situation for the country’s media might seem, on the face of it, to have improved. However, there have been constant press freedom violations, including police violence against journalists, ambushes by political activists, and reprisals instigated by criminal groups or corrupt local officials. Ever since the general elections in the spring of 2019, won overwhelmingly by Prime Minister Narendra Modi’s Bharatiya Janata Party, pressure on the media to toe the Hindu nationalist government’s line has increased.

Those who espouse Hindutva, the ideology that gave rise to Hindu nationalism, are trying to purge all manifestations of “anti-national” thought from the national debate. The coordinated hate campaigns waged on social networks against journalists who dare to speak or write about subjects that annoy Hindutva followers are alarming and include calls for the journalists concerned to be murdered. The campaigns are particularly virulent when the targets are women. Criminal prosecutions are meanwhile often used to gag journalists critical of the authorities, with some prosecutors invoking Section 124a of the penal code, under which “sedition” is punishable by life imprisonment

India’s score in this year’s World Press Freedom Index is heavily affected by the situation in Kashmir where, after rescinding the state’s autonomy, the federal government shut down fixed line and mobile Internet connections completely for several months, making it virtually impossible for journalists to cover what was happening in what has become a vast open prison”. Certainly, no credit to a country that prides itself of being the world’s largest democracy.

It is no easy job being a journalist in India today. If one has to stand up for truth and justice one will have to pay the price. We have seen recently, when honest journalists just reported facts they are simply hauled up by a prejudiced system based on some frivolous FIR. On the other hand those who spew hate and venom, can literally get away with murder, provided they are in the camp of the ruling regime (as we have seen in the case of a garbage journalist not long ago). That fear is evident in several cases; a few days ago, there were allegations, after a response to an RTI  that the Centre “waived” Rs 68,607 crore in loans to 50 willful defaulters( most close friends of the Government) identified by the RBI. Whatever, the merits of the case, few of the print media had the guts to take the story on their front-page. Thankfully some of the electronic media did cover the story and there was plenty of it on social media too.

There was also the issue of COVID- 19 and reporting on it especially on the realities of migrants and the daily wage earners. The Centre, filed an affidavit in the Supreme Court, praying that “no media outlet print, publish or telecast anything on coronavirus without first ascertaining facts from the mechanism provided by the government”. Fortunately, the apex court did not fall into the trap of the Government’s desire to gag the media.  In an order dated 31 March, the Supreme Court said, “We do not intend to interfere with the free discussion about the pandemic, but direct the media refer to and publish the official version about the developments;” adding, “in particular, we expect the Media (print, electronic or social) to maintain a strong sense of responsibility and ensure that unverified news capable of causing panic is not disseminated.”

In a video message for World Press Freedom Day, UN Secretary General António Guterres underscored the crucial role media has in helping people make informed decisions. “As the pandemic spreads, it has also given rise to a second pandemic of misinformation, from harmful health advice to wild conspiracy theories. The press provides the antidote: verified, scientific, fact-based news and analysis.” Mr. Guterres urged governments to protect journalists and others who work in media, and to uphold press freedom. The UN chief thanked the media “for providing facts and analysis; for holding leaders – in every sector – accountable; and for speaking truth to power”.

The famed American newspaper editor and publisher Joseph Pulitzer once said, “Our Republic and its press will rise or fall together. An able, disinterested, public-spirited press, with trained intelligence to know right and courage to do it, can preserve that public virtue without which popular government is a sham and a mockery.” Words that surely ring a bell on the reality of freedom of the press in India today. Not long ago our own Nobel laureate Amartya Sen said,
“The press should do what it can to minimise the abuse of power (self-scrutiny can help and so can competition), but we should also try to understand with clarity why and how press freedom can enrich human lives, enhance public justice, and even help to promote economic and social development.”  The point is whether the press in India will pay attention and act on these words of wisdom.

On another World Press Freedom Day the moot question which the Indian press must ask itself is ‘Whither Freedom of Press in India’? Only then, will it be able to delve on ‘Journalism without Fear or Favour!’ This calls for tremendous courage to stand up for justice and truth!

2 May 2020

*(Fr Cedric Prakash SJ is a human rights and peace activist/writer. Contact: cedricprakash@gmail.com)

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Exactly, seventy years ago on November 26, 1949, the Constituent Assembly of India adopted and gave to “we, the people” a landmark Constitution. ‘The Constitution of India’ is the sacred book of every Indian citizen; it is a bulwark of fundamental rights and directive principles, which are a prerequisite for any healthy democracy. The Preamble, with its emphasis on justice, liberty, equality and fraternity and its commitment to India being and remaining a “sovereign socialist secular democratic republic” spells out the vision and the intrinsic character of the Constitution. The Constitution of India with its minute details is undoubtedly a unique one. Thanks to the vision of women and men of the Constituent Assembly, we can take genuine pride in a Constitution which is forward-looking and all-embracing and which respects the pluralistic fabric of the country.

Today, after several years of having and being guided by a masterpiece, unbelievable events have been unfolding in India. The past five years (up to May 2019) have seen several of them; and ever since, this regime seized the reins of power for a second term (after, what is believed by many, a fraudulent election), a sizeable section of the population is simply dumbstruck. The one question that most thinking citizens of India are asking today is, “have we really done away with our Constitution?”

What took place in the Raj Bhavan of Maharashtra in the wee hours of Saturday 23, November 2019, provides a clear answer: “yes, we seem to have done away with the Constitution!” How else can one explain the way, the President threw all Constitutional propriety to the wind and revoked without a Cabinet meeting and a resolution, ‘President’s rule’ in Maharashtra. In a matter of time, the Governor of the State swore in a usurper as the next Chief Minister of the State. How does one explain this ‘tearing and unprecedented hurry’ – even if there are some so-called legitimate provisions in extreme cases? The support for this nefarious act came from a turn-coat of the NCP, who has several cases of corruption against him, and with a commitment by the Maharashtra CM, to put in jail! (strangely, in just about twenty-four hours, the State’s Anti-Corruption Bureau “closes” the corruption cases against him). The  Maharashtra case came up in the Supreme Court on Monday, and on expected lines, the highest Court of the land does not think that it is in their own interest and impartiality, that they should at least have restrained the ‘impostor’ CM from functioning, until one or the other combines proves its majority on the floor of the house.

So, if the President, the Governor and even the judiciary, are not serious about Constitutional basics, to whom do “we the people” go to? It is not that one did not see or read the writing on the wall. It has been coming slowly but surely. There are several instances when the spirit and letter of the Constitution has not been adhered too. But this most recent out of Maharashtra is on several counts, the proverbial “last straw”.  The moot question, we need to ask ourselves at this juncture do we have the courage to stop the fascists who are not merely tearing the Constitution to shreds, but are doing all they can to destroy the very idea of India and its pluralistic fabric.

The National Register of Citizens (NRC), as announced by Union Home Minister, is again blatantly violative of the Constitution. The NRC together with the ‘Citizenship Amendment Bill’, assuring citizenship to all undocumented persons except those of Muslim faith, risks tearing the country apart, reopening the wounds of Partition, and ultimately destroying the secular and democratic tenets of the Constitution. The country today stands at the brink of catastrophic human suffering and injustice, if the government as it plans to do, begins implementing it nation-wide.

Many subtle and direct efforts are being made to tamper with the Constitution, to negate its essence and even to delete core dimensions like the words ‘secular’ and ‘socialism’ which are deeply interwoven into the pluralistic fabric of Indian society. The current BJP/RSS combine, including some of their ministers and leading functionaries have often gone on record saying that once they have the pre-requisite numbers in Parliament, they will have no qualms of conscience to change fundamentals of the Constitution like that of ‘secularism’ and equal rights for all. There are consistent proclamations for the establishment of a ‘Hindu State’ by 2020; the annihilation of the minorities particularly the Muslims and Christians; ‘lynching’ of minorities is the ‘new normal’. There is talk of a ‘Common Civil Code’, of a national anti-conversion law and of abrogating the rights of minorities.

In October 2018, in the wake of the Supreme Court ruling to allow young women entry into the Sabrimala Temple, the BJP national president Amit Shah not merely questioned the judgement but in fact defended the practice of keeping women out. The ‘spirit’ of what Amit Shah said is practiced in toto: even in this year’s pilgrimage his writ ran large and no women below a certain age were being allowed. The Supreme Court judgement on ‘Ayodhya’ is certainly skewed pandering to the sentiments of the Hindutva regime.

Writing on the recent developments in Kashmir, (‘Business Standard’Nov.18, 2019) Bharat Bhushan says, “The revocation of the special status of Jammu and Kashmir, dividing it into two centrally governed provinces and the military clamp down have tipped the balance against the Modi regime. The world can see that the asymmetric federalism which was the basis of the Indian Union’s strength has been junked for a unitary vision. The government’s and pliant media’s celebration of “normalcy” in Kashmir Valley is nothing but self-deluding propaganda. The fact is that the international community is perturbed with the developments in Kashmir, especially the communication restrictions and the continued incarceration of the state’s political leadership”.

In several key cases, the judiciary, seems to be abdicating its fundamental responsibility of safeguarding the Constitution. There have been some landmark judgements. In January 2018, four seniors most judges of the Supreme Court (including Justice Ranjan Gogoi, the recently retired Chief Justice of India) held an unprecedented Press Conference asserting that unless things are set in order and that the Government stops interfering in the judiciary, “democracy will not survive in the country!” That the Government has been interfering in the working of the judiciary is without doubt. Bhushan adds, “The rule of law and impartial judiciary that India prided itself on have also come under question. In a stinging indictment, The Washington Post in a recent report remarked that “BJP partisans increasingly dominate the courts.” This has been evident to Indians for quite some time. One only has to glance at the global media headlines on the Supreme Court’s Ayodhya verdict to fathom how the Indian judiciary is being viewed”.

The regime has spared no efforts to destroy the independence and the autonomous functioning of several Constitutional and statutory bodies. The Election Commission of India is today obviously a pawn. The Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED)have become ‘caged parrots. The Reserve Banking of India (RBI) is browbeaten to bend backwards to cater to the whims and fancies of a Government that has sent the country into an economic spiral downwards! Media, the fourth pillar of a vibrant democracy, has been made impotent. Only a handful of those in the electronic and print media will dare take on the Government today. Other important bodies, like the Information Commission, have been made toothless and filled with their pliable henchmen!

Seventy years ago, when giving us the Constitution Dr B.R. Ambedkar, the father of our Constituent Assembly said, “Will history repeat itself? It is this thought, which fills me with anxiety. This anxiety is deepened by the realisation of the fact that in addition to our old enemies in the form of castes and creeds, we are going to have many political parties with diverse and opposing political creeds. Will Indians place the country above their creed or above their country? I do not know, but this much is certain that if the parties place creed above country, our independence will be put in jeopardy a second time and probably be lost forever. This eventuality we all must resolutely guard against. We must be determined to defend our independence with the last drop of our blood!” and he went on to conclude,  “If we wish to preserve the Constitution in which we have sought to enshrine the principle of Government of the people, for the people and by the people, let us resolve not to be tardy in the recognition of the evils that lie across our path and which induce people to prefer Government for the people to Government by the people, nor to be weak in our initiative to remove them. That is the only way to serve the country. I know of no better”.

Words of wisdom and very prophetic indeed! Today, on ‘Constitution Day’, as we remember our freedom fighters and the founding fathers of our nation, we need to resolve that we will do all we can to fight the fascist and fundamental forces that are today destroying the sanctity of our Constitution. In a show of hollowness and hypocrisy, they will attempt to clothe their vile acts with empty platitudes, in farcical ceremonies today. However, for us, “we the people of India”, enough is enough! We will stop taking things lying down; the Constitution is sacred to us and in the words of Ambedkar “we are determined to defend it with the last drop of our blood!

November 26, 2019

Constitution Day 2019

(The author is a human rights & peace activist/writer available at cedricprakash@gmail.com)

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So how does one observe yet another International Day of Peace on Friday, September 21?  Do we allow ourselves to be conditioned with yet another day of tokenism and cosmeticization? On the other hand, do we, at every level, take up the responsibility of being instruments of peace and ensure that there is peace, in every possible place?  We have all seen and experienced that several of the so-called leaders of the world today are warlords, violent men, who are divisive and petty, who discriminate against other human beings, spew venom through their hate speeches and lust for power.
 
Peace needs to have a new meaning, looked at through a different prism. The UN General Assembly declared that September 21 should be a day devoted to strengthening the ideals of peace, both within and among all nations and peoples. The Member States adopted the 17 Sustainable Development Goals in 2015 because they understood that it would not be possible to build a peaceful world if steps were not taken to achieve economic and social development for all people everywhere, and to ensure that their rights were protected.  The Sustainable Development Goals cover a broad range of issues, including poverty, hunger, health, education, climate change, gender equality, water, sanitation, energy, environment and social justice.
 
‘Peace, Justice and Strong Institutions’ is Sustainable Development Goal 16, and it calls for promoting peaceful and inclusive societies for sustainable development, providing access to justice for all, and building effective, accountable and inclusive institutions at all levels. A peaceful society is one where there is justice and equality for everyone. Peace will enable a sustainable environment to take shape and a sustainable environment will help promote peace. In the run-up to the celebration of the 70^th anniversary of the Universal Declaration of Human Rights, the theme for this year’s International Day of Peace is ‘The Right to Peace – The Universal Declaration of Human Rights at 70’; an apt theme, particularly in a year that has witnessed the deterioration of human rights, even in democracies like the United States and India. Besides the growing ascendancy of right-wing and other autocratic leaders across the globe has been a cause of concern. The Universal Declaration of Human Rights is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was adopted by the United Nations General Assembly in Paris on December 10, 1948, as a common standard of achievement for all peoples and all nations.

The UN Secretary- General António Guterres has said, “It is time all nations and all people live up to the words of the Universal Declaration of Human Rights, which recognizes the inherent dignity and equal and inalienable rights of all members of the human race. This year marks the 70th anniversary of that landmark document.” According to the UN, “The Universal Declaration states in Article 3, ‘Everyone has the right to life, liberty and security of person.’ These elements build the foundation of freedom, justice and peace in the world. Yet, the Universal Declaration does not include a separate article on ‘Right to Peace’. This is why we ask you this year: What does “The Right to Peace” mean to you? Share your ideas with us through #peaceday and #standup4humanright.”  All must do this because human rights are everyone’s rights and they are foundational to sustainable peace!

Peace, however, has to be simultaneously made a reality by the powerful nuclear nations. Recently, North Korea made it clear that the US needs to dismantle some of its nuclear weapons before they do so; a justifiable argument, considering that the worst nuclear holocausts in the last century have been committed by the US. In 2013, the United Nations decided to hold a High Level Conference (Summit) on Nuclear Disarmament (which was supposed to take place in 2018) in order to enhance progress toward the achievement of a nuclear weapons convention – a global treaty (which includes the nuclear armed States) to prohibit and eliminate nuclear weapons. In March 2018, the UN General Assembly decided to postpone the conference. Its future is now uncertain, especially in light of efforts by nuclear-armed States to prevent its progress. Next week, on September 26, the ‘International Day for the Total Elimination of Nuclear Weapons’, the UN General Assembly will hopefully spend some time reflecting on the biggest threat to humanity today. All nations must ratify the ‘Treaty on the Prohibition of Nuclear Weapons’. Unless that is done, peace will continue to remain elusive.
 
On July 7, 2018, speaking to Christian religious leaders from the Middle East in Bari, Italy, Pope Francis said, “War is the daughter of power and poverty. It is defeated by renouncing the thirst for supremacy and by eradicating poverty. So many conflicts have been stoked too by forms of fundamentalism and fanaticism that, under the guise of religion, have profaned God’s name – which is peace – and persecuted age-old neighbours. Violence is always fueled by weapons. You cannot speak of peace while you are secretly racing to stockpile new arms. This is a most serious responsibility weighing on the conscience of nations, especially the most powerful. Let us not forget the last century. Let us not forget the lessons of Hiroshima and Nagasaki. Let us not turn the Middle East, where the Word of peace sprang up, into dark stretches of silence. Let us have enough of stubborn opposition! Enough of the thirst for profit that surreptitiously exploits oil and gas fields without regard for our common home, with no scruples about the fact that energy market now dictates the law of coexistence among peoples!”
 
The Right to Peace should no longer stay in pieces!
21 September 2018
 
*(Fr Cedric Prakash SJ, is a human rights activist. Contact: cedricprakash@gmail.com)
 

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Just this past week, two callous deeds have demonstrated the abysmal depths to which humans can sink. The first was the refusal by the Italian and Maltese Governments to allow the rescue ship MV ‘Aquarius’ to dock in their ports. The ship was carrying 630 refugees from 26 different countries (all victims to human smuggling) picked up at sea. Fortunately, the Spanish Government stepped in and the refugees were able to land in Valencia after a horrendous eight-day ordeal at sea. The second is the ‘zero tolerance’ policy of the US Government, which has to date separated more than 2,000 children from their parents who have entered the US illegally. There is an outrage all across the US on this policy but the US administration is unrelenting. These tragedies will forever remain etched in the world’s memory.
 
Mahmoud from Al-Raqqah seems to have seen it all. There were the “good times” he reminiscences. Those were the days when he worked in Saudi Arabia in a multi-national company, which manufactured wires and cables. “We were people from different nationalities (India, Philippines, and Turkey) and even religions. We were like one family. We enjoyed each other’s company and food!” Mahmoud still uses his smattering of English, which he picked up there. However, everything changed for him very dramatically; today he feels that life for him is only about helplessness and hopelessness.
 
Seated in his dilapidated tent, Mahmoud looks much older than his 67years old. His breathing his heavy. He has no sight in one of his eyes- and is partially blind in the other.  Sadly he narrates how he lost his sight, “it was a day of heavy fighting; there were mortar shells falling everywhere. We were fleeing from one secure area to another. Suddenly I tripped and had a bad fall. Something pierced my left eye. My family rushed me to the nearest doctor. The Islamic State was ruling Raqqah at that time- no doctor was willing to treat me since it was a Friday (Friday is only for God, according to them) I was told to come back on Sunday. It was too late then. I lost my eyesight for no reason. I am angry about it!”
 
It is two years now since he and his family fled Al-Raqqah and came to Lebanon. It was an extremely difficult trek for ten days through the mountains. The aerial bombings were on. They had to walk carefully through the tractor ruts because landmines were planted in several areas. They slept under the olive trees. They finally reached the safety of Bar Elias where they are in the midst of others from their own area in this tented area. “Today I feel totally lost – without sight, without work –what do I do?” The only comfort for him is the Jesuit Refugee Service. “The school is just across from our tents and our children can go there. They are accepted and welcomed. It is a joy to know all that they experience. Besides the JRS team come to visit me often – they encourage me a lot. The little hope I now have in life is only because of them!”  There is anguish in his voice when he says, “I don’t want to return to Syria, there is nothing left for me there!”
 
In complete contrast to Mahmoud, is fourteen-year old Roula Zahra “I want to do everything in life,” says Roula coyly but with a sense of determination. The ‘everything’ seems to be the mission statement of the life of this vibrant refugee girl child.She was born in Homs, Syria. She hardly remembers her father. He died due to some illness when she was barely three. Her mother had to struggle and to bring up the six children: two girls and four boys. It was a herculean task, but the family was able to make both ends meet. War broke out in Syria in March 2011.Overcoming many hurdles, Roula came along with her mother and siblings as refugees to Lebanon. A small apartment in the Bourj Hammoud area of Beirut has been their home ever since. Her sister, who is the eldest among the children, is now married, and lives in the same building. Roula is the youngest and in all frankness says that her brothers treat her very well.
 
Roula loves to study. She is one of the fortunate refugee children who is able to go to a Government morning- shift school. She is very focussed and wants to pursue a career as a scientist. “What type of scientist would you like to become?” she is asked. She thinks for a while then shakes her head and says, “I don’t know yet!” When asked if she would like to become a Space Scientist, become an astronaut, and go to the moon or to mars’, she smiles, there is a glint in her eye and boldly she says, “Maybe!” For Roula and for her “everything” the sky is indeed the limit!
 
She is also budding poet and artist. Her drawings speak volumes of her meticulousness and care for detail. However, her poems and jottings personify her passion and zest for life. From her notebook, she reads out a touching poem, which she recently scripted in Arabic. “I wish we could return to those good old days… I hope one day people awake from their deep sleep so they start loving, respecting, giving and the souls return to their old days. I hope that one day we would be able to exchange bread for salt, love for feelings and respect for kind words. Yesterday was a lesson, today is an experience and tomorrow is a new beginning!”
 
Roula is adamant she does not want to return to warn-torn Syria. Instead, she dreams of Australia. Her best friend has now settled down there. Since the past one-year, she has been coming to the JRS Frans Van Der Lugt (FVDL) Centre for the afternoon tuition classes. “I love coming here. I make many new friends. I learn many new things. The teachers help me in my homework. Everyone is very helpful and loving”. She looks at the Principal of the FVDL School Angela Abboche and with an amazing smile says, “Yes, even my Principal! “In her notebook, Roula has a meaningful quote,

“When it is raining look for the rainbow
When it is dark look for the stars”

The “everything” in Roula’s life will have rains and darkness, but she will surely have the courage to see the rainbows and stars in them. It is not every day that one encounters a 14-year Syrian refugee girl who is ready to row out into the deep!
 
Mahmoud and Roula, in many ways, epitomise the suffering and helplessness; the resilience and hope of millions of refugees who have been forced to flee the security and safety of their homes due to conflict and persecution. The UN Refugee Agency (UNHCR) annual Global Trends Report, which was released on 19 June 2018, states, “We are now witnessing the highest levels of displacement on record. An unprecedented 68.5 million people around the world have been forced from home. Among them are nearly 25.4 million refugees, over half of whom are under the age of 18.There are also an estimated 10 million stateless people who have been denied a nationality and access to basic rights such as education, healthcare, employment and freedom of movement. In a world nearly 1 person is forcibly displaced every two seconds as a result of conflict or persecution”
 
On 19 September 2016, at the conclusion of a United Nations Summit on Refugees and Migrants, in New York world leaders produced a significant declaration to deal with the refugee crisis. To implement the lofty ideals encompassed in the Declaration, they committed themselves to drafting and approving, by the end of 2018, two Global Compacts: one regarding refugees and the second, for safe, orderly, regular and responsible migration. Both these compacts are meant to comprehensively protect, promote the rights and integrate migrants and refugees into the mainstream.
 
With less than six months to go, some work has been put in, with draft documents on both the compacts already in place. However, it is not smooth sailing. Already on 3 December 2017, the United States announced that it was withdrawing from the two Global Compacts. India on the other hand has literally shut its doors on the persecuted Rohingya refugees fleeing Myanmar. Millions continue to be victims of war and persecution; from Yemen to Myanmar, from Venezuela to the Central African Republic. At the same time, in many countries, xenophobia, racism, discrimination and exclusiveness is on the rise as never before.  Right-wing, anti- immigrant ‘populist’ leaders are winning elections in some key western countries.  New and tougher anti-immigration policies; the shrill voices for refugees to return home does not help in easing the crisis. The military-industrial complex is definitely not keen that the wars end; they rake in huge profits from the sale of arms and ammunition to all the warring factions. Key members of the UN Security council thrive on the production and sale of deadly weapons. Multi-nationals and other big business houses and even Governments with lop-sided anti-people projects, do not bat an eye-lid in displacing the poor and the marginalised.
 
Pope Francis has been very vocal, consistent in his stand for the refugees and insisting that we all must do our part to welcome, protect, promote and integrate them. He  reminds world leaders, “Dear brothers and sisters, in light of these processes currently underway, the coming months offer a unique opportunity to advocate and support the concrete actions, which I have described with four verbs.  I invite you, therefore, to use every occasion to share this message with all political and social actors involved (or who seek to be involved) in the process which will lead to the approval of the two Global Compacts”.

Hopefully, World Refugee Day will be an occasion for the global community to demonstrate that Mahmoud, Roula, the Rohingyas, the hapless victims rescued by the ‘Aquarius’, the little children separated from their parents on the US borders and millions of other refugees– are not just numbers, they are humans like us, they  are our sisters and brothers. They must be welcomed, protected, promoted and integrated! We need to journey with them!                                           
                                   
*(Fr. Cedric Prakash sj is a human rights activist.  He is currently based in Lebanon as the Regional Advocacy and Communications Advisor in the Jesuit Refugee Service (MENA) Contact:cedricprakash@gmail.com)

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