There are rare occasions in a country's history when one event, one freeze-frame moment in time, encapsulates and captures its "weltanschauung" and prevailing state of affairs. Two recent examples in recent times are the protests by women in Iran against the mullahs' hijab diktat, and the citizens' movement in Israel for the rolling back of Netanyahu's judicial "reforms". Both depict a citizenry which values its rights and is willing to stand up for it. India's moment came last week with the two minute video of the murder of Atiq Ahmed, but, unlike the inspiring events in Israel or Iran, this can only generate despair and a grim foreboding in all sane persons, who appear to be in an overwhelming minority these days. .
This is not about Atiq or his brother Ashraf, known and convicted criminals who probably deserved to die- but at the hands of the law, not in the custody of those whom the law enjoined should have protected them, not by three front men probably working at the behest of more powerful and sinister forces whose names too shall be dedacted like most inconvenient facts are these days. This is about what the murders, and the subsequent reactions, tell us about India in 2023- its criminal justice system, media, police, politics and, most disturbing of all, its increasingly brutalised society.
Atiq Ahmed may have died on the 15th of this month, but his death warrant was signed and sealed on the 28th of February when the Supreme Court dismissed his plea for the Court's protection, reposing full faith in the ability of the UP police- the same police which has killed 183 persons and injured hundreds more in "encounters" since 2017, uses bulldozers and not the courts to mete out instant justice, which had "encountered" Vikas Dube in very similar circumstances just a couple of years back. The Court's faith in the state would be touching were it not for the fact that it is slowly becoming irrelevant to the legal system in this country, but doesn't seem to realise it.
The Apex court is losing control of the justice system to the executive because it is hesitant to stand up to the executive in seminal matters. It is in danger of losing its primary job of being the custodian of the country's Constitution, which is being increasingly interpreted or by-passed or ignored, by the government and its agencies. It has failed to decide on cases which are vital for the survival of democracy and the rule of law- Article 370, reorganisation of Kashmir, Citizen Amendment Act, the challenges to the use of EVMs and the mandatory counting of VVPATs, the Electoral Bonds. It has not punished any official for violating its rulings, or politician for proven hate speech, or the police for delaying investigations into cases against ruling party workers and even legislators. It is unable to even ensure that its own recommendations for judgeship are respected by the government, or that Ministers who threaten retired judges are brought to book. Maharashtra continues to be in a limbo as hearings in the Court grind on interminably. Where is the urgency to decide these issues, even as another nail is hammered into the coffin of democracy each passing day by a government hell bent on a Hindu Rashtra? It is this reluctance to confront a rampaging government which emboldens the executive to take the law into its own hands and permit the Atiq Ahmed kind of "justice" with impunity. The endemic delays in deciding important cases ensures that illegalities become fait accompli with the efflux of time and are then difficult to reverse. The day is not far off when the Supreme Court and High Courts may become as redundant as the NHRC or the RTI Commission or the Lokayukts, if they do not start asserting their constitutional powers. Following on the heels of "Congress mukt Bharat" we may soon have a "Kanoon mukt Bharat".
It has been reported that the three killers of Atiq Ahmed and his brother had come posing as media persons. I find this an entirely appropriate symbolism, because the media in today's India is murdering the spirit of democracy and the rule of law every day. Not only does it amplify the government's propaganda shamelessly, it also spreads hatred and fake news, something which the Supreme Court has noted (but not firmly acted upon). It no longer raises issues that matter to the people, asks questions of the executive or holds the government accountable, something which sections of it did even during the Emergency. It has, for example, completely blanked out reportage on Satyapal Malik's explosive interview with Karan Thapar on Pulwama, and focuses exclusively on Atiq Ahmed's criminality (which no one contests) rather than on the lapses and potential conspiracy which led to his murder and how it reflects on the Chief Minister's claims on law and order in his state. It had earlier similarly ignored Rahul Gandhi's Bharat Jodo Yatra and the Adani exposure. By throwing a mantle of silence and self-censoring news over the government's doings it is betraying its mandate and duty to the citizens, and is hugely complicit in the autocratisation of the nation.
Finally, the response to the Prayagraj murders show how brutalised, bigoted and blood- thirsty our society has become. It is almost as if we have embraced a death wish, and like lemmings are hurtling towards a cliff. No sane democracy would have demonstrated the putrid reaction Indian society did to these murders: Ministers hailing the deliverance of "divine justice", Whatsapp groups and Twitterati exulting at the death of a "Mafia don", celebrations across RWAs and India's vaunted and vacuous middle-class strata. There were no such exuberant celebrations when Vikas Dube was killed a couple of years back. And thereby hangs the real explanation for our brutalisation.
Dube belonged to the majority community while Atiq was a Muslim. The tragedy of Indian society today is that we view everything through the prism of religion- history, education, laws and justice, historical personalities, language, the arts and, increasingly, even the Constitution. Anything associated with the "other" religion or community is, by definition, evil and has to be cast out, erased, redacted, condemned by any means, fair or foul. There can be no legal restrictions on this newly acquired and God-given right of the majority community. And in order to exercise this "right to hate" we are more than willing to support a government that looks benevolently at this selective violence and bigotry, even if it means we live without jobs, food, healthcare, meaningful education or freedom. We have become like beasts who will give up everything of value to satisfy their basest appetites. Why?
Perhaps Samuel Johnson had the answer when he said: "He who makes himself a beast gets rid of the pain of being a man." I think what Johnson is saying here is that it is not easy being a man, in the image of God. For that we have to be tolerant, empathetic, supportive of the weak, compassionate, imbued with a basic morality, free of hatred and prejudices, shun violence, respect others, display courage of convictions. Being a man involves some sacrifices and some pain. It's so much easier to throw off these shackles, revert to the slime we crawled out of millions of years ago, and become a beast. The French have a very apt phrase for this unholy craving- "nostalgie de la boue" or a yearning for the mud. Therefore, we may well ask, in the words of WB Yeats:
And what rough beast, its hour come round at last, Slouches towards Bethlehem to be born?
I suspect we may not have to wait long for an answer.
The December 2019 fake encounter killing of four alleged rapists in Telangana is yet another example of state sponsored murder which was celebrated euphorically by the citizenry. The police officers who carried out the outrage were lavishly praised and garlanded publicly by ordinary people. The Dubey "encounter" killing was white washed by an enquiry headed by a retired judge on the ground that there were no witnesses to the gunning down of the gangster by policemen. How could there have been any witnesses when all the media cars which were following the police convoy transporting Dubey were stopped at the UP border and turned back? No adverse comment on this in the enquiry report.
ReplyDeleteSuch delivery of instant "justice" is being hailed by the public at large as the "Yogi method", with calls for it being adopted country wide. Little do they realise that the chickens will come home to roost sooner than later, and it will be you and I who will be the victims of the excesses of law enforcement agencies like the police, ED, CBI, Income Tax. Your neighbour or acquaintance in the office might be friendly with officers of such agencies and woe betide you if you cross swords with such a person!
To say that the scandalously slow justice delivery system is the root cause of the malady is trite.
Completely agree with your comments. In his book- Moments of Truth - Jan Carlzon wrote that if something goes wrong with someone else it is a 'comedy'. However if it affects oneself it becomes a 'tragedy'. When this mode of justice hits the bhakts then surely they would not endorse such examples of 'swift justice'. The country needs to wake up and exercise their franchise judiciously at the next elections..
DeleteThe judiciary was the last hope for saving the Indian Constitution & our fragile democracy, this hope is receding fast. They have been put under so much pressure they are the verge of surrender. We are now moving into a new era of Banana Republic. Rule of Law is a casualty.
ReplyDeleteThe rot runs deep and alarmingly keeps burrowing itself deeper.
ReplyDeleteIf proof be required, one need only consider the oxymoron which is enacted every single day - an encounter. Simply another convenient word for plain cold blooded murder by those who should be upholding the law.
Bulldozer justice - A laughable phrase. The suffix being a tight and resounding slap on the face of a judiciary which has done the ostrich act.
Lower courts which even kangaroos would gladly steer away from.
An executive which appears to do nothing other than maintain a deafening silence on anything of substance while being shrill and very vocal on anything which divides the nation further, lavishly splurging public funds on political rallies and flagging off tongas and rickshaws.
And to top it all a media which would be better administered and managed by a pimp or the madam of a brothel.
Leaves those with their heads screwed on right intoning words left to us by a very wise man who would, if he were still alive, hang his head in despair and shame "..... into that heaven of freedom, let my country awake"
Very true, nature abhors vacuum. If law can't prevail another will take its place and that's what's happened. You are crying over the symptoms but forgetting the underlying cancerous disease.
DeleteAvay is a erudite bureaucrat who has conscientiously decided to see one side of the coin. Modi and Yogi are a product of the times and actually are signs of failure of the constitution. The SC has in the course of incremental coups assumed the role of the executive whilst totally, totally ignoring that justice delayed is justice denied. We are now functioning in a law free society. If the courts instead of pandering to Avya and his ilk and seeking headlines did their job of dispensing justice, Atiq and other incidents cited would neither have arisen norr ended the way they did. Constitution is dead, killed by the courts, aided by politicians and redemption is not on the horizon.
ReplyDeleteWe are re-enacting 'The Good,the Bad and the Ugly'!This has increasingly become our nature.Mostly UGLY!
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ReplyDeleteadmin23 April 2023 at 09:08
ReplyDeleteMr Shukla, Gujarat has seen such murders starting with Raju Risaldar and Latif... List is long. Even Rauf Valiullah and Haren Pandya murders didn't evoke protests, not to talk of Tulsi Prajapati, Sohrabuddin Sheikh, Ishrat Jehan. No protests. Ishrat Jehan rape/ murder (?) was justified stating she was part of the gangster team. Gangsters can't evoke popular sentiments, Iran and Israel are a different cup of tea, here issues were there. Besides, we saw longest ever protest by farmers unseen anywhere in the world, that too amidst Covid. -- Rajiv Shah, counterview.net
From the past nine years the Constitution has become a journal fraying from its binding, pedestalled to burnish Democracy only when the Prime Minister visits a foreign land. Within the country every act, every action of this regime is another page ripped off that tattered opus.
ReplyDeleteWhen the Executive nudges lynchings, administers bulldozings and orchestrates encounters, what does it do to Democracy as the adopted form of self-governance? A Chief Minister thunders it is the end of Mafiaraj while stopping a syllable short of admitting to the source of such violent capers. The people go into raptures praising him and his government, because the retribution that they were seeking was delivered to them. The suspected cow stealer, the anti-social troublemaker, the convicted murderer, are all made to face swift comeuppance. Vigilantism is establishing itself with a brazenness that can come about only with a mandamus of an authoritarian rule. This was observed from the turn of the century in Gujarat, where the Manu Smriti and Chanakya Niti seem to be more solemn than the Constitution. Now, the states of Karnataka, MP and UP are seen to be jostling to gold-plate themselves in this destructive, "nemesis" Justice.
To lament the slow churn of the Judiciary, or depend on this arm of Democracy to uplift the nation from misdeeds of the Executive would be wishing for the moon. Essentially the Judiciary has a reactive role to play, and to wish it to set the boundaries of the Executive is neither practical nor feasible. There exists - at least in theory - the Constitution for those cornerstones. Easier is if the electorate reads the regressive nature of this extra-nationalist dispensation and casts vote. The upliftment of our democracy must come from within the people. Else we will get what we deserve, and one day, as Mr. Ramchandra says, they may come for us.
So well conveyed avay! You voiced our deepest concerns, dismay at a supreme court that could have taken suo moto the matter having denied protection in the first place. Our judiciary has much to answer for this impunity that lets perpetuators off the hook each and every time. In despair, amita
ReplyDeleteTotally one sided and in support of a criminal whose list of misdeeds and acts of goondagiri has no parallel. Got a full rebuttayresponse from another civil servant . But I see the author deletes factual responses that are not convenient to him.
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