Pot versus kettle

Last week, senior Congress leader, Gurcharan Singh Galib quit the Congress party, on whose ticket he had been elected as a Member of Parliament twice, to join the Shiromani Akali Dal (Badal). Though he explained his decision to "sycophancy in the Congress", he was apparently miffed at reports that he would be denied the Congress ticket for the Ludhiana seat again. Besides, he appears to have been promised the SAD (Badal) ticket for the same seat. For the immediate future, this and similar “crossovers” on the eve of polls will have a bearing on the outcome of the forthcoming Lok Sabha polls. However, in the long term, this shows the ideological bankruptcy of the political parties, which, sooner or later, is bound to have a debilitating effect on not only their organizational structure but electoral politics as well.
Though “changeovers” on the eve of polls are a common phenomenon, they seriously dent the image of the parties. In this case, the Congress is a national party, which swears by secularism and socialism, although of late the party has taken a right of center position on economic affairs. On the other hand, the Akali Dal is a religio-political party, whose strength lies in being the principal party of the Sikhs in Punjab. Although of late the party has been at pains to put forward a more secular face, it still leans heavily on the Bhartiya Janata Party to garner the Hindu urban votes in the state. Since 1984, the SAD has been blaming the Congress for Operation Bluestar and also the anti-Sikh carnage that followed in Delhi and elsewhere following the assassination of the then Prime Minister, Indira Gandhi, by her Sikh bodyguards. As Galib dons the Akali blue over the Congress white overnight, what happens to the ideology of the SAD? Similarly, when the Congress allows leaders of the splinter Akali groups, which have a hawkish agenda, to join the party, it not only accepts the party’s lack of ideological commitment but possibly its own dubious role during turbulent times in the state.
Galib’s defection from the Congress to the Akali Dal or vice versa is neither the first nor the last in Punjab. In fact, in the post-Bluestar period, it assumed the shape of a major exodus from the Congress. Among those who left the Congress was Captain Amarinder Singh. However, this could be explained to the peculiar circumstances of the time and the extreme provocation of the defiling of the Sikh sanctum-sanctorum. That later Captain Amarinder Singh not only rejoined the Congress, but that he was elected in the hustling to head the state was indicative of the fact that the people had moved on with the times. Although the Congress lost the last Vidhan Sabha polls in Punjab, its performance especially in the Malwa belt was indicative of the weakening of the grip of the Akali Dal on the Sikh rural masses. At this juncture, while allowing crass turncoats from the Congress to join the party in an effort to add a seat or two in the final tally, could further erode its ambiguous ideological base.
This is in stark contrast to the politics in other democracies of the world. In the US, for example, you have the Democratic and the Republican parties, who are clearly distinguishable by their ideology. While the US Republican party supports a conservative and center-right platform, the Democrats swear by a liberal and socially progressive stance. Of late there has been a churning process on both sides on various issues in the US but defection of senior leaders on eve of polls to contest would be unthinkable and of course unacceptable by the electorate. Of course, political humourists in the US refer to one as evil party and the other a stupid party, with the disagreement being on which is which. Perhaps, in Punjab, there is no disagreement for with every election the ideological distinction between the Congress and the Akali Dal is getting blurred! The process of allegations and counter allegations between the two, which has already started, is like the pot calling the kettle black!
In fact, the ideological base of both the Congress and the Akali Dal in the state has been weakening over the years. Captain Amarinder Singh’s pro-farmer stance and his effort to usurp the panthic agenda of the Akali Dal when he was the Chief Minister, may have given him electoral advantage in the Malwa belt but this cost the party in the Doaba belt. The SAD (Badal) is in a bigger dilemma. It is uncertain on the stance to adopt on panthic issues (with which it has a ongoing conflict with splinter groups within the Akali Dal), including the outdated Anandpur Sahib Resolution. At the same time, it is wavering between the traditional pro-people issues with which the party has been associated and the mega projects, which is a legacy of the Congress regime.
For the SAD the ideological dilemma is directly related to generational politics. The party is in the process of moving from the senior leadership rooted in the religio-political ideology to the next generation committed to a more progressive agenda. Though comparisons are not exactly accurate, this development is reminiscent of what happened in England, where a “New Labour” party has emerged in recent years – moving from the traditional socialist position to the rightist stance, much to the chagrin of the labour classes, though.
Interestingly, in pushing ideological issues to the background, both the Congress and the SAD in Punjab have opted for personality-based politics - Amarinder, Bhattal or KP in the Congress and the Badals' in the SAD. This is entwined with dynastic rule – with more family members of leaders on both sides set to enter the election fray. In doing so, they put the measuring barometer henceforth on development and governance, along with nepotism.

Society in Transition

Last month’s attack on a Mangalore pub by activists of the Shri Rama Sena has been widely criticized by various NGOs and media persons. Since the incident, in which girls were attacked, has been condemned by almost all mainline political parties, one hopes such things will not be repeated. The outrage of NGOs and media persons on the unfortunate incident is timely since the incident is indicative of the increasing intolerance among sections of society and the tendency of some self righteous groups to take law into their own hands. Yet, in doing so, most people appear to be missing the proverbial wood for the trees. The Mangalore incident can’t be seen in isolation. There have been numerous such attacks in the past although not all of them hit the headlines. The annual hullabaloo over Valetine’s Day is only getting fiercer by the year. Besides, almost every day, there are media reports of “honour” killings in various parts of the country. Incidents of intimacy among boys and girls in public places and attempts by police and senior citizens to prevent them are also commonplace. These plus the trend toward live-in relationship that is catching up in metropolitan cities are all indicative of the changing social mores with which Indian society is yet to come to terms. What is happening in India is reminiscent of the pangs of transformation that the West went through from the medieval age to the modernity – passing through Tudor society, Stuart rule, Georgian times and finally the Victorian era. Newspapers, which continue to document transition along with other mediums of communication, became an accepted tool of discourse when invented. It resulted in the passing of the Act of Toleration in UK in the 17th century which gave freedom of worship to nonconformists. However, it was not till early 60s that the first major shift in attitudes came about in the West. In UK, it was when books like D.H. Lawrence’s Lady Chatterley’s Lover, which was first published in 1928, were republished for wider sale that issues of sexual behaviour began to be openly discussed, which forced a relaxation of attitudes. The Establishment began to be challenged and the elders questioned by the youth. Pop music became a form of youth expression and dresses like miniskirt and hot pants were accepted and the Pill for birth control hit the market. The friction that one hears and reads about in India is the result of the pangs of transformation that the society is going through. There is a lot that has indeed changed. Four decades ago, even marriages by choice or love marriages were frowned upon. So also with inter-religion and inter caste marriages. While all these have come to be accepted in many parts of the country, other issues remain. Clearly the social goal posts have changed resulting in fresh confusion and conflict in day-to-day life. Even households steeped in liberal values are confused over issues like homosexuality and intimacy among their own youth leading to live-in relationships. Globalization and faster means of communication and travel is definitely speeding up the process, though low literacy rates in certain parts of the country will continue to impede the process of change. The social, educational and religious organizations, besides the media have a great role to play. But the onus for ensuring a smooth transition lies with the government, which must not only bring about laws that are in tune with the changing times but ensure that these are enforced fiercely. In UK, for example, homosexuality was legalized in 1967 and the Sexual Discrimination Act passed in 1975. The result was that any violation of the law was punished vigorously, forcing a change in attitudes among hardliners. In US, a major factor in the transformation of family relations and gender equations has been the Social Security Act passed in the 1930s. It transformed the family into a voluntary association that hangs together because the members want to hang together and not because financial dependency gives them no other choice. With the family in general ‘easing up’, the matter of children’s dating habits or partner choices became less tense for the parents. We need not necessarily ape the West, yet we can’t be oblivious of its effect on the youth at home. Under the circumstances, it is imperative that the laws are updated. Equipped with antiquated laws, police are often at a loss to take action against self-righteous groups who assume the right of moral policing.

Rewriting Aspirations

The controversy over the Anandpur Sahib Resolution, which threatened to become an election issue, appears to have blown over, at least for now. Since it all emanated from a journalist’s query at the Deputy Chief Minister’s swearing-in and was perhaps unintended, the SAD-BJP government in Punjab was ill at ease over it. This was primarily because the two alliance partners would never find common ground on many of the issues raised in the document. Most Akali Dal leaders too would much rather not talk about the document as it has been a kind of an encumbrance for them ever since it was first passed by its party working committee in 1973 and later formally adopted in 1978. They feel that given the political compulsions, the party could neither adopt and enforce it in letter and spirit nor dump it. A close look at the Resolution suggests that it is outdated and requires a fresh look in thought, content and also approach. It reads like the ranting of a party aggrieved and wronged. And this is not without reason for in 1973 the Akali Dal’s bete noire in the state, the Congress party, had been in power at the Centre without break since independence and Akali Dal has had a long litany of grievances. Although the Akali Dal was in power in Punjab and a member of the few months old Janata Government at the Centre in 1978, not much had changed on ground when the document was finally adopted. Since then Akali Dal has been in power in Punjab at least three times and has been a part of the non-Congress Government at the Centre many a time. And yet nothing changed. A fresh look becomes imperative also because while nothing was achieved from the document, the opposition parties found it convenient to use it to tarnish the image of the party. Some parts of the Anandpur Sahib Resolution are not befitting a recognized political party. It states that it would “strive to propagate Sikhism” and also “streamline the Gurdwara Administration…. “, something that the Shiromani Gurdwara Prabandhak Committee and not a political party professing to be secular, ought to be doing. Some things mentioned in the Resolution such as upgradation of Amritsar airfield to international standard have been achieved. So also the relay of Gurbani from the Golden Temple, Amritsar. Interestingly, the Resolution states that while the “entire cost of the proposed broadcasting project (for relay of Gurbani) would be borne by the Khalsa Panth, its overall control shall vest with the Indian Government.” But would the SGPC allow the control for its relay to vest with the Centre? Some other aspects of the Resolution are in fact contrary to the policies of the current SAD-BJP Government. For example, while the Resolution advocates that “all key industries should be under the private sector” and also there should be progressive “nationalization of transport”, the state is moving head-on towards either privatization or public-private partnerships in all major projects. In fact, many of the things mentioned therein require no clearance from the Centre and fall within the functions of the state government, like “rehabilitating ex-servicemen of the defence departments in civil life”, as mentioned in the Resolution. The Resolution "seeks ban on liquor" and yet the SAD-BJP government, like the Congress governments, has been pushing sales of liquor in the state. Except for the Akali Dal effort for a brief period in mid-80s, hardly any earnest effort on the territorial issue has been made. And the initiative for annulling the river waters accord was taken by Captain Amarinder Singh. There is need for caution on some issues raised in the Resolution, which run counter to uniform laws. It calls for an amendment to the relevant clause in the Hindu Succession Act to enable women to get equal inheritance rights in the properties of her father-in-law instead of the father. Would most women of Punjab today favour such an amendment? Moreover, in the face of globalization, intermingling through wedlock of Sikhs and non-Sikhs and spread of Sikh Diaspora in different parts of the World, should there be a law in vogue for Sikhs, which runs counter to the laws elsewhere and for others? One is not sure if SAD's demand in the document for non-convicted persons having liberty to possess small arms, rifles and carbines through registration and without licence would find many takers today. Many clauses in the Resolution, especially the ones relating to redefining of Centre-State relations and demanding a federal structure, have been aired by other political parties as well and require a wider debate. Yet, at this time restricting Centre’s role to defence, foreign relations, currency and communications appear odd in the face of current threats to national unity. Moreover, things have changed drastically in the past 35 years. For example, the Resolution denounces the foreign policy framed by the Congress, but is the foreign policy of the BJP much different? Anandpur Sahib Resolution advocates a “policy of peace with all neighbouring countries, especially those inhabited by the Sikhs and their sacred shrines” – an obvious reference to Pakistan. But, surely, Punjab can’t have a separate foreign policy, which is at variance with that of the Centre, especially when the document itself accepts the fact that foreign relations should be the calling of the Centre. Clearly, it is time to take a call and re-write the document to make it do-able. It should be in tune with the aspirations of the people of Punjab but without raising hackles of the nation.

Bugbear Is Real

The decision of the Punjab and Haryana governments to purchase sophisticated “off-the-air” mobile phone interception system appears outright unconstitutional and illegal. Sadly, there has not been even a whimper or protest over the move, which could not just curb political dissent but also lead to erosion of civil liberties and rights, as enshrined under the Constitution. While Haryana has already acquired for its police such contraptions costing Rs 7-8 crore, the Punjab State Empowered Committee headed by the Chief Secretary recently approved the purchase of such a system, which can eavesdrop on telephones, besides intercept SMSes. It can listen-in on not only wire and land telephones but also mobile phones. This move of the two states is obviously rife with serious political and civil implications. There have been allegations earlier of the telephones of senior political leaders having been bugged or intercepted. There is no doubt that tapping is provided under Section 5 of the Indian Telegraph Act, 1885, but with certain very clear riders. In fact, when allegations were made in early 1990s, some civil liberties groups moved the Supreme Court. The Apex Court in 1997 laid down that officials could pass an order of interception only after recording its satisfaction that it is necessary or expedient so to do in the interest of sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order or for preventing incitement to the commission of an offence. It is only then that the said authority may pass the order for interception of messages by recording reasons in writing for doing so. The Supreme Court directed that an order on tapping of telephones would not be issued except under authorization by the Home Secretary of the Central Government or of the State Government. The order should indicate the kind of communication that is to be tapped. The order passed by the Home Secretary was to cease to have effect at the end of two months from the date of authorization, although it could be renewed for six months. A further direction was also given that original order would have to be reviewed by a committee consisting of Cabinet Secretary, Law Secretary and Secretary for Telephone Communication at the Central level and also a corresponding committee at the state level and if it considers that there has been a contravention of the Act, it will set aside the order and also destroy copies of intercepted material. In the background of these laid down constitutional safeguards, one is amazed at the indifference being shown in political, official and nonofficial circles of both Punjab and Haryana to the recent move. The nature of the equipment is such that no permission for interception needs to be taken. Since there were reports of the previous Congress Government in Punjab having used such machines to keep a tab on political opponents and others, one hoped that the present SAD-BJP regime would stand up against such illegality. Instead, the government appears to be legalizing the illegality. But for one of the judges of the Punjab and Haryana High Court, the courts appear to have paid no attention to the issue. Do they not realize how sensitive some of their own conversations might be? Would judges like to have third parties monitoring their phone calls? In case the monitoring is unchecked, there could be a tendency to listen-in to not only private telephone conversations but also those of political opponents. In 1970s the US President, Richard Nixon had to resign after it was discovered that his administration had bugged the Democrat Party headquarters in the Watergate Complex in Washington DC. In the USA, the controversial Patriot Act, which was passed in the wake of 9/11 terror attacks, provides unprecedented powers to the state to intercept and search telephone and email communications in order to prevent terrorist activities. But civil liberties groups in US continue to be critical of the Act. One may not favour such an Act in India, but it is unfortunate that the 120-year old Indian Telegraph Act has not been given another look to make it relevant to the present day. It is no secret that armed forces and intelligence agencies regularly monitor mobile calls made from one country to the other. And surely the Americans waded into this long ago. But, the states appear to have neither the need nor the jurisdiction to acquire such sweeping equipment and powers, especially in the light of the SC ruling. Instead, state police ought to be vigilant against private individuals acquiring such equipment. After all, Rs 7-8 crore would not be beyond the paying capacity of a large political party or an industrial house. And if states were to be allowed to acquire such equipment, they will have to put in place a transparent “check system”, which is open to judicial and parliamentary scrutiny. State officials say that the equipment would enable them to track down criminals. They also explain that since securing intercepted data from telecom service providers takes time, the equipment will help them get real-time spot intelligence. On safeguards, they say that the equipment would be strictly under the control of the Intelligence Chief of the state. But the Act and the SC ruling do not provide for eavesdropping on law-breakers through such equipment without specific case-by-case authorization. Besides, since the intelligence chiefs in states are traditionally known to be hand-picked choices of the party in power, fear that the equipment might be misused is entirely justified. The Constitution entails and empowers the courts and the legislative assemblies in states to check on the legality of the move in the light of the existing provisions of the Indian Telegraph Act.