THE RULES OF THE GAME HAVE CHANGED - WILL THE GAME CHANGE TOO ?

 Any game, or contract, is based on and pre-supposes mutually accepted rules which govern, and bind, the participants. Democracy is one such contract, the ultimate social contract, in which the citizens (the ruled) give up their individual powers to the elected government (the ruler) in return for the protection of their rights, freedoms and the pursuit of happiness in their own individual ways. In India so far, for the last 75 years, this contract has held together though it has come under strain at many times. The credit for this goes to enlightened leadership and constitutional institutions that have usually worked, notwithstanding some blips and glitches.

But over the last decade or so the authoritarian, unilateral, anti-federal, non-accountable governance style of the NDA government has put this contract under immense strain, and on the 20th of July it has come to near breaking point. The impetus behind it is the Modi government's panaroia about any kind of protest or opposition to its policies and diktats- it views them as challenges, and not as opportunities to introspect and/or self-correct. This happened with the Assam NRC, CAA, Covid, Manipur, Article 370 and Kashmir, SIR, the Ken_Betwa protests. But on the 20th of July, this paranoia reached new heights (or lows) when the full might of the state was unleashed on young students, and blood was spilt on the streets of Delhi, all over a protest against India's rancid and corrupt examinations system.

By this unjustifed violence the government has broken the contract with its citizens. Sovereign violence is to be used against enemies of the state, and not against its own children. A government which cannot differentiate between the two has finally exposed its fascist, illiberal, intolerant and dictatorial nature, and the Jantar Mantar protests have shown it in all its ugly nakedness. Despite the prostitution of the darbari media and TV channels, the internet and Youtube have brought this to the doors of every Indian, and support for the students is only growing.

The unkindest cut of all (to the spirit of democracy)has been inflicted by none other than the Chief Justice of India himself, Justice Suryakant. Perhaps this should have been expected, for it was his earlier intemperate remark about cockroaches that has led to this spiral of events in the first place. Responding to a PIL by a lawyer asking for an inquiry into the police excesses of 20th July, the CJI peremptorily dismissed it with the observation that he did not have the time to watch videos (of the police violence on protesters). This was a remark  callous and unbecoming of a person appointed to protect the constitutional rights of citizens. He was not being petitioned to watch a Kangana Ranaut movie, but to view the documented evidence of unlawful violence on unarmed teenagers, to seek answers from the government on questions that screamed out for answers: Who were the "brownshirts", masked and in civvies, who were allowed to beat up students with lathis and total impunity with the police watching? How did a truck laden with stones find its way to the high security Jantar Mantar area and who brought it? Why were peacefully marching students beaten up brutally without any provocation? Why did the policemen take off their name badges? What is the identity of the jawan who is seen ramming his baton between a young girl's legs even as she is walking away? What is the name of the DCP who walks up to one young girl and slaps her in the face for no reason at all? Where is the footage of protesters throwing stones and beating up policemen, as alleged by the government? Were illegal lethal weapons such as pellet guns, taser (electrically charged) batons and nail studded lathis used against the students? Who are the goons, in plainclothes, seen throwing stones and wrecking cars? Was there a deliberate attempt to discredit the protesters and provoke violence?

The refusal of the CJI to entertain this petition and seek answers to the questions above has thrown an obfuscatory veil over the events of 20th July not dissimilar to the white sheet used to cover the abduction of Sonam Wangchuk from Jantar Mantar by the same police. In contrast, however, credit must be given to the justices of the Delhi High Court who, on 22nd July, have admitted a similar petition and have issued notice to the government and the Delhi police (though it demanded an urgent hearing and not a four week notice).

This is a moment of inflection for the entire non-NDA opposition. They have to live up to it, which at the moment they do not appear to be doing. They cannot plough their own individual furrows, headed for nowhere, but must come together to offer counsel and guidance to these gallant students who are full of passion and sincerity but lack the experience of conducting long-drawn out protests. At the moment there is no sign of such a concerted action on the part of these parties, each of whom is trying to take credit and control of this movement. The Congress wants the agitation to come under its umbrella, the AAP feels this right is theirs as the legal heirs of the Anna movement, the SP and UBT Shiv Sena seem to have some reservations, the TMC is supportive but distant, the DMK will not sup with the Congress, even Sonam Wangchuk has called off his fast today, a not unexpected development since he had  started blowing hot and cold of late (in my view he has probably struck a deal with the government about his personal future in Ladakh. In any case, he has now become irrelevant to the movement).

The entire Opposition should realise (as these youngsters have) that the rules of the game have changed. The government will not abide by its part of the contract: it will not conduct fair elections, it has suborned all agencies of governance, it has defenestrated all constitutional institutions, it has rendered the entire judiciary submissive, it has bought over the media, it has made the use of sovereign violence its greatest persuader, it refuses to be held accountable. With these rules the Opposition has become superfluous, it can never win an election or preserve even a semblance of democracy in the country. It can no longer wage a struggle in Parliament, or the Election Commission or the Supreme Court- these institutions have been hollowed out and can no longer serve the purpose for which they were created. It can no longer fight a fair electoral contest- the game now has to change to one of resistance in the public arena- in Jantar Mantar, Parade Grounds, Azad Maidan, Freedom Park, Ramlila Maidan, Swami Sivavananda Salai, Dharna Chowk, Gandhi Maidan. The students are already there, and doing a fine job; it is the responsibility of the main opposition parties to join them there. Credit can be apportioned or shared when the monster has been vanquished.

"There is a tide in the affairs of men, which, taken at the flood leads on to fortune..." Rahul Gandhi has no doubt read this quote from Shakespeare, he now needs to embrace it. The students at Jantar Mantar have created this tide, it is now for him to rally the other Opposition parties, national and regional, to seize the moment. The game has changed, and playing by the BJP's new rules will get them nowhere. The Empire has already begin to strike back, using its bottomless bag of tricks: another 20 companies of CRPF have reportedly been flown in to Delhi, the Police Commissioner has been given powers under NSA to detain people for 12 months without trial, it has been stated that passports of detained protesters will be cancelled, a petition has been filed in the Delhi High Court seeking an NIA investigation into the funding of the CJP (Cockroach Janata Party) protests. More can be expected: curbs on YouTube channels on their reporting, profiling of protesters and visits to their parents, debarring them from admissions or sitting for examinations. It is not possible to resist the resources of a modern state for very long. Very soon the tide will begin to turn, and then the opportunity will have been lost - for ever.

THE LONG, BUMPY ROAD TO SWADESHI JURISPRUDENCE

It was  indeed a wise man who said that judges should shun the spotlight and let their judgments do the talking. But that was before the era of the sound byte, Youtube and 24x7 breaking news. And, of course, reemployment after retirement or the need to demonstrate loyalty. In India's legal firmament today judgments do not make news, mainly ( I suspect) because they have become one sided and therefore predictable. It is the obiter dicta which makes news nowadays, delivered from the lofty perch of finality, if not infallibility.

Chief Justice of India the Hon' Suryakant is currently not only the master of the roster, he is also the master of the obiter dicta. How can we forget, if not treasure, his denunciation of the three distinguished academicians who wrote that chapter on the judiciary for an NCERT textbook,  banning them from any government engagement? The later cockroach comment is now part of legal folklore. And just last month, in an address at Oxford University, he remarked that India should develop its own "swadeshi jurisprudence", something even our freedom fighters had not thought of.

I am not sure what the Hon'ble judge meant by this call to a legal atmnirbharta, or whether this self-inflicted ghetto-isation is the right course to follow. For, in civilised democracies at least, jurisprudence and laws are aligned to global principles, concepts, conventions, declarations, rights and charters, and till recently we more or less conformed to these universal principles. Over the last decade or so, however, we have started ploughing our own legal furrow, and the remark of the CJI has only served to draw attention to this unhealthy development.

For, it must be lamented, swadeshi jurisprudence has (unfortunately) already arrived in India, which is why, according to the WJP (World Justice Project) Rule of Law ranking for 2025, we are at 86 out of 143 countries, firmly in the bottom half ; we have been consistently slipping down  this index - in 2014 we were at 66. Frankly, I am not surprised, because the evidence is strewn all over the road to a swadeshi jurisprudence, like road kill. It is the price we have paid for the gradual loss of independence, integrity and quality of the judiciary, and its eagerness to accommodate the executive.

Jurisprudence in India today appears to be governed by four made-in-India/ swadeshi doctrines which should be a blot on any justice system: the doctrines of the fait accompli, sealed cover, ignore the science, reward the criminal.                                      Important, even constitutional, challenges to the executive's actions are kept on the back- burner for so long (Article 370, CAA, SIR, Shiv Sena split) that by the time they are decided it is impossible to turn back the clock and undo what the govt. of the day has already implemented on the ground. The sealed cover has become the standard fall-back option for denying full disclosure to civil society petitioners, or for not giving rebuttable reasons for a particular judgment (Rafale, Pegasus, Vantara, Hindenberg). Increasingly, this spectre of our swadeshi jurisprudence, like the executive, shows disdain and contempt for science, as in the case of stray dogs, Aravalli mountains, the Char Dham highway, the Great Nicobar project: more trust is reposed on govt. appointed committees and patently partisan Ministries than on scientists, domain experts and specialised organisations working in the relevant field. Finally, this hybrid form of justice ensures also that the criminal will be duly allowed to keep the proceeds of his crime ( Ram Mandir, Electoral bonds) even as his actions themselves are declared irregular! A judicial paraprosdokian if ever there was one.

Perhaps the biggest stain on our swadeshi system of justice is the default denial of bail to 3 out of 4 accused who are otherwise entitled to bail under law: 74% ( 3.9 million) of the prison population are undertrials, and the position keeps getting worse as more and more draconian laws are being promulgated every day. Eminent scholars, academicians, students, social activists, journalists are denied bail for as long as five years, even though they are not convicted, and in many cases their trials have not even commenced. A university professor with 90% disability is deemed to be a national security threat, kept in jail for years without a trial, finally acquitted and released by a High Court, but pushed back in within 24 hours at an urgent hearing on a Saturday by the apex court! And here is the supreme irony- while those who are not convicted are kept in jail, the convicted are released on parole whenever they want a breath of fresh air!                                            Millions of voters are denied their voting rights by a capricious CEC and his untested algorithms, their appeals are kept pending, but the swadeshi response to their entreaties is a callous- Never mind, you can vote in the next elections! An exercise, based on mysterious algorithms , which has disenfranchised millions of citizens, has been given the highest court's imprimatur of approval. Thanks to this endorsement the citizenship, welfare benefits and very social identity of tens of millions more are now being denied. Judicial orders are flouted by the executive on a routine and continuing basis- on Aadhaar, demolitions, bulldozers, hate speech, voter rolls, citizenship, to mention just a few areas- but there is no pushback or punitive action by the courts. 

The swadeshi jurisprudence model has ensured that our judicial system is broken and on the point of total collapse. There is a backlog of 54 million cases which will take 323 years to clear; of these 180000 cases are pending for more than 30 years. India has only 15 judges per million population against a developed country average of 150-200 (China's figure is 300). It gets worse- the judiciary has carved out so many privileges for itself, it is accountable to no one: a Collegium system ensures that only judges can appoint judges, and that too in the opaquest of manners; judicial corruption cannot be investigated unless the judiciary itself permits it (!); even though all govt appointees are required to declare their assets, it is reported that only 12% of judges have done so; it has been reported that, historically, appointments to the Supreme Court are limited to just 250 families in the entire country. This is a swadeshi blueprint for judicial anarchy and ochlocracy, not jurisprudence

No, sir, the last thing we need is a swadeshi version of what a justice system should be. The swadeshi model ensures that democracy (and justice) has become a privilege available only to those with influence. Your constitutional rights depend on who you are. Leave swadeshi to the politicians, the jurisprudence of rights, justice and equity needs a more solid and time-tested foundation. We need to adopt best global practices and principles and dig ourselves out of this swadeshi hole. And yes-let judgments do the talking, not obiter dicta.

WHATEVER HAPPENED TO THE PRIME TIME NEWS ?

 I am a happy man these days, or at least as happy as anyone can be in this Ram rajya where even 1600 CTVs and 400 security guards could not prevent His abode from being looted by His own bhakts. To be clear, however: I am not happy because Mr. Pradhan has resigned as Education Minister (he has not), or because Mr. Modi has returned his AI generated award from Seychelles (he will not), or because Kangana Ranaut has taken a vow of silence for one year (she cannot)- all these are worthy objectives but the persona involved are genetically incapable of attaining them. So why am I in this happy frame of mind? I am happy, dear reader, because I can now again watch television at prime time, something I had given up doing because news is no longer worth a straw (more on that later). But now that we have a veritable banquet of sports laid out before us- Women's T20 World Cup, India's T20 tour of England, the FIFA world Cup, Wimbledon- my prime time is fully catered for, God's in his heaven, and Arnab Goswami, Navika Kumar and Padmaja Joshi et al  can go take a dump in the Ghazipur landfill or the Miti river, for all I care.

There was a time, about a decade ago, when news channels like NDTV, TIMES NOW and INDIA TODAY did a fairly good job of purveying domestic news, and one looked forward to the nightly prime time news. Now, however, these  channels have become pathetic caricatures of journalism, what they share with us is their paid "views", not news; their views are dictated by their corporate owners and the PMO, not the public's interest; their undisguised agenda is to praise the government and the ruling party and to run down the Opposition generally, and Rahul Gandhi in particular. The fawning and sycophancy on display every evening would, in fact, be sickening if it were also not so toxic and divisive, inciting bigotry and hatred in equal measure.

If one wishes to master the art of lazy journalism one should study the methods of our English news channels. They make no attempt to deploy reporters in the states to gather news at first hand-that costs money; it is cheaper to subscribe to feeder news agencies, most of whom are also hand maidens of the ruling dispensation. But even their inputs are rarely followed up or reported on- that will require editorial effort and journalistic ability which our star anchors and news editors lack. The easiest and least expensive option, therefore, is to dump the news and jump straightaway into a "Debate" or a "Panel Discussion" in the comfort of an air-conditioned studio in NOIDA.

The subjects for these discussions are carefully curated to ensure that no embarrassment is caused to the powers that be (which are also the powers that see, you see.) So Cockroach party is ignored, as are Rahul Gandhi's visit to, or warnings about, the Great Nicobar project, as are also events held by prominent civil society organisations to protest against govt. policies or practices, or anything that does not show the govt. or its supporting entities in good light. Equally abominable is the fact that, once these over-paid anchors get their fangs into a subject, they stick to them like leeches, refusing to let go until the last morsel of propaganda is extracted from them: the whole of April went into rubbing the TMC loss in Bengal into Mamata Banerjee's face and gloating over the defections from the TMC to the BJP, May was devoted to Hormuz and refighting Operation Sindoor, June was consumed by framing a narrative about the hypocrisy of the Opposition in condemning the Ram Mandir loot even though they never supported the construction of the temple(!), July is dedicated to Mr. Modi receiving more meaningless awards in Indonesia.                                                                                                                             It's as if no other news occurred which was worth mentioning during this period. There has hardly even been a mention of the three most consequential judgments in the last fortnight by the Supreme Court, a High Court and a district court: the right to walk and access footpaths as a fundamental right, that criticism of the government is not a crime, and a rare life conviction of fourteen "gau rakshaks" for  lynching a truck driver in 2022. Each of these judgments has the potential to empower the ordinary citizen and reverse the rot in the system, but for "news" channels they do not merit a mention, let alone an informed discussion.

The "debates" themselves are modelled on the pattern of a jury trial in Russia - the topic is carefully selected to suit the propaganda narrative of the day, the verdict is already decided and conveyed over a secure phone line to these studio mannequins, the panelists consist of assorted spokespersons of political parties, BJP supporters masquerading as "political analysts", some journalists to impart a facade of neutrality, and (in the case of Republic TV) a few sacrificial goats from Pakistan who can be impaled on Arnab Goswami's lance, perhaps for a few shekels.

But the clincher is the "star anchor", the referee who is firmly in the saffron corner, wearing a khaki "katccha" beneath that corporate outfit. In fact, the BJP spokesperson is not really needed, for all the heavy lifting for the ruling party and govt. is done by these anchors. They decide which questions to ask, who is allowed to speak and for how long, whose mike to cut off (on the Parliament model). Instead of being a moderator and leaving the exchange of views to the participants, these opionated anchors monopolise most of the available time, taking over the BJP spokesperson's role, doing all the rebutting, answering, scolding and heckling. The others don't stand a chance! In fact, given that these debates are more like half-encounters on the U.P. police pattern, I am left wondering why any sensible person even agrees to attend these disgusting episodes of journalistic homicide.

This, in a nutshell, is the state of prime time news in Naya Bharat, folks. Ponder over this while I return to Wimbledon, to watch the indefatigable Djokovic take on the inscrutable Sinner, assured that the match is not rigged and the referee is not bought out .

THE CRUELEST MONTH

T.S. Eliot had dubbed April as "the cruelest month" in one of his poems; I am sure he had his reasons for doing so, but it does reveal that he was not one of the 40 million odd Indian taxpayers. For, had he been one, he would have vehemently disagreed- in India, the cruelest month is July, and it has nothing to do with a delayed monsoon or a pensioner's annual ordeal of submitting a Life Certificate to prove that he is still alive and kicking. The cruelty of the month derives from the fact that it is the month when we have to render unto Caesar what is definitely not Caesar's- a large part of the wages of our toil have to be handed over to Ms Sitharaman as income tax, along with an ITR which is as decipherable as the Dead Sea Scrolls and needs an expensive CA to do the job. 

I have just shelled out one fourth of my annual income, comprising of pension, interest from fixed deposits, a dash of capital gains, and a drizzle of royalties and remuneration for my books and articles from grudging editors and publishers. The wolf is not at my door yet, but it is getting closer every year. And, for the life of me, I cannot see the justice in the government looting a large portion of my coffers every year, without doing anything for me in return. Whatever happened to the adage No quid pro, no quid? 

I can understand a tax on my pension, since the government is entitled to recover some part of what it paid me for doing nothing for thirty-five years. I can also see the logic in taxing the interest on deposits etc.- they are passive income, unearned moolah I have not laboured for. But why capital gains?  If property prices go up it's not because of the government, it's because of relentless population growth, rapid urbanisation because the villages continue to languish in poverty and lack of development, because of the dismal failure of the Smart Cities programme.  The government's only contribution is to ensure that the cities keep deteriorating but it will take its undeserved cut of any price increase. Take shares: they go up, inspite of a failing economy and declining FDI and FPI (the government's contribution!), because of insider trading, price rigging, cronyism, and a gullible retail investor. The inexplicable rise of the Sensex has nothing to do with economic logic and the government's contribution again is zero, if not negative. So why should Ms Sitharaman get a share of this gain?

Taxing what the editors and publishers pay me (after many reminders!) is a raid on my intellectual, if not personality, rights. Writers are doing a public service by keeping alive the habit of reading, an activity (or lack of it) which is on ventilator support. Nobody reads nowadays, lacking the attention span to read more than 140 words, preferring Tik Tok reels and emojis. A recent study by the Booker Awards Institute reveals that only 4% Indians read books (about the same number as pay income tax- is there a connection here?). Nobody other than Shashi Tharoor or Chetan Bhagat make any money by writing, the rest of us get by on crumbs from the Amazon toast. We also take a huge risk every time we put pen to paper, not knowing when we might be hauled off to a police station for sedition, criminal defamation or contempt of court. I learn banks are now offering special FDs termed as Bail Deposits: the interest on them starts at a low 4% but goes up by one percent for every year you stay out of jail; the full amount can be redeemed after eight years or whenever you are arrested, whichever is earlier. Even the interest income from these deposits shall be taxable, with an "Anti-National" surcharge. There are rumours that insurance companies, sensing a great market opportunity, will shortly launch insurance policies to provide financial cover for arrests under UAPA and deportation under the Citizenship Act. Now that the Passport has been shown its place they expect this market to grow at a CAG of 20%. 

There used to be a time (which I can barely recall now) when the best things in life were supposed to be free. No longer. They are now taxed at 28% GST. It is no coincidence that the words "taxidermist" and "taxman" have their first three letters in common. The only difference between them is that the taxidermist skins you after you are dead, while the taxman does so while one is still alive. And the final question: now that it has been officially declared that no Indian has a document which provides  "conclusive" proof of his citizenship, how come we still have to pay taxes as Indians?