The prime minister's
speech gives an impression that his office is clueless as to what
his government is expected to deal with. After seven years and 11
months in office, the prime minister said that the union government
is 'ready to work with the states to put in place strong and
effective institutional mechanisms to tackle this problem (of
internal security)'. A simple question one may ask is what was his
government doing so far?
The Asian Human Rights Commission has repeatedly
held that the internal security of a country depends largely upon
the domestic mechanisms that a country calibrates to ensure security
to the property and life of the people. This involves, most
importantly the local police. Indeed the Achilles heel for the union
government is the fact that policing in India is a state subject,
upon which the union government has absolutely no control. However,
honesty would have been reflected had the government taken a serious
view upon putting an end - one could call it an 'effective
institutional mechanism' - to the widespread practice of custodial
torture in India.
The attempt so far has been limited to draft a
law against torture and pass it in the Lok Sabha. After a
Parliamentary Review Committee report that called for substantial
revision of the law it has been shelved at the Rajya Sabha. Passing
it would not have helped in any case, since the proposed law in fact
makes a mockery of the criminal jurisprudence developed on the
question of torture, internationally and most importantly by the
country's own courts.
The defect in the law begins with serious
abrasions in defining the crime, torture. Much more is missing in
the proposed law that having it does not makes any sense, either to
improve the police or to assist the victims of torture. But yes, it
will serve the purpose of window-dressing the legal framework of the
country, which is an act of self-deceit in itself. A thorough review
of the proposed law is available here.
It is elementary that no police force could
perform without the cooperation of the general public, from where
the police gather human intelligence. In fact the public perception
of the country's police is that of a criminal in uniform. It is
fundamental thus to ask the prime minister and the government he
leads about what it has done so far to change this image? If it has
not, then the prime minister's speech is nothing more than crude
bluff.
The prime minister also said that the forces that
threaten the internal security of the country should be firmly and
sensitively dealt with. It should indeed be the way forward.
However, the government will have to define, what are their
‘forces’. Would starvation, malnutrition, forced eviction, rape of
women and killing of people with impunity would amount to the
government's definition of
'forces'? If so who are to be held accountable?
Would the same set of rules apply to private and
company-sponsored militias operating in states like Chhattisgarh,
Orissa and Madhya Pradesh of which at least the private outfit
called Salwa Judum is led by a state leader of the political party
to which the prime minister belongs? So who else is out there waging
a 'protracted war' other than the ultra leftists?
Would religiously fundamentalist movements like
the Vishva Hindu Parishad or the activities of some political
leaders within the Indian Union Muslim League or that of the
Christian pastors of various colours and creeds be part of the
investigation on religious fundamentalism in India? None of this
would be undertaken by the present government or by any future ones.
This is due to the narrow religion based politics that all political
parties in the country play tune to, including the leftist groups.
So on that count, the union government the prime minister
represented in the meeting with the chief ministers and those
represented by the chief ministers who chose to participate in the
meeting are on the same page. Then what security are we talking
about?
It would have made some sense of honesty, had the
union government or its opposing counterparts in the state of
Chhattisgarh, Orissa and Madhya Pradesh had at least made the
minimum efforts to reduce the fight to survive by the rural
communities living in the internally war-torn areas which many call
as the 'red-corridor' of the country. Their condition, of being
caught between armed Maoists and the private militias operating in
the region for which the government so far has only responded by use
of force has not changed since the past two decades. Draconian laws
like the Chhattisgarh Special Public Security Act, 2005 has only
further deteriorated their living conditions. How could one living
in such conditions expected to be supporting the state on internal
security when they consider the state itself is a security threat?
What sensible plans other than the language of violence has the
government drawn up so far to deal with this? Instead if the
government has poured more armed forces into these regions that have
resulted in further violence, how would the government expect the
term security be defined by the people who have no other option
other than to live in these regions?
If enforced development at the loss of the people
and their livelihood options is what the prime minister is dreaming
about, his office should have the minimum honesty to answer the
statistics that prove that India is in fact at huge loss since the
natural resources of the country are held at ransom by private
companies to make profit for them. It is equally sensible to
calculate the number of people forcefully displaced and livelihoods
affected due to these development programmes in comparison to what
the government earns from, for instance mining activities in the so
called red corridor. It would make absolute sense should the
government undertake an environmental impact assessment of these
development activities and formulate a licensing regime based on
facts, not as scripted by private companies. The fundamental
question the government should first answer is that whose security
is under discussion? Is it that of those in the national and state
capitals or the people of the country?
It would also be an expression of honesty and
more importantly that of democracy, should the government first hold
a public consultation before large-scale mining and dam constructing
licences are awarded. At the end of the day whose development is
that the government looking forward to, is it that of those private
companies having their shareholders in alien territories or at some
of the richest houses in the country or that of the millions of
people, who call India their home?
When the prime minister said in the meeting that
by and large the internal security in the country has been
'satisfactory since February last year', does he mean that there
were no more massive and shocking terrorist attacks since then? If
that is the logic then the security scenario immediately before the
Mumbai terrorist attack also should have been considered
'satisfactory'. The elementary reasoning that an open attack upon
the state reflects the deep vacuums of a security architecture
within the country, addressing of which requires the developing of a
sense of mutual trust between the people and their security agencies
seems to be missing in this argument. Perhaps the government would
not want to look that way. That, in simple terms is dishonesty.
On a similar vein, the home minister was
lamenting about the country's borders. Indeed the threat is true.
However, it would have made sense had the minister bothered to see
how rotten is the moral as well as operative framework of those who
are tasked to secure the country's border, particularly with Nepal
and Bangladesh. The Border Security Force of the country is a
corrupt, inept and terror organisation, for those who live along the
country's border. The AHRC has reported more than 300 cases during
the past eight years that narrate how the BSF demand and accept
bribes and commit crimes with impunity in places where they are
posted. Not a single case has been investigated. Expecting such a
force, that has no moral strength than that of an organised gang of
street thugs, to guard the international border of the country is
like letting hooligans maintain order in the country's streets.
Anyone who have
crossed the Indo-Bangladesh border or the Indo-Nepal border through
posts manned by the BSF would have stories to speak about the manner
and extent of bribes these officers demand to guarantee a safe
passage into or outside India. What guarantee can the home minister
or the 'saint like' defence minister offer to the people of India
with the country's borders left at the guard of a deeply corrupt and
demoralised group? Situations are such that the attempt to amend the
BSF Act to empower the BSF to arrest persons is in fact not
necessary, since they are doing it any way. The only difference an
amendment would bring is to provide a statutory cover to their
currently illegal acts.
What is lacking in today's discussion of the union government with
the state governments is the overall sense of honesty and
seriousness, from both sides, in dealing with a real and alarming
threat of security to the country. What is lacking is sensible
actions that are expected from the governments that claim themselves
to be democratically elected and mandated to uphold the rule of law.
However, honesty could hurt, and that is precisely what is been
avoided. The question is how long can the people afford to listen to
this bluff?
[Asian Human Rights Commission, AHRC
in short, is a Hong Kong based non-governmental organisation
established since 1984. AHRC
monitors human rights in Asia, documents violations and
advocates for justice and institutional reform to ensure the
protection and promotion of these rights.]