February 29, 2024
Dear Readers,
As Pakistan geared up for the February 8 general elections, the specter of former Prime Minister Imran Khan’s legal troubles loomed large. Khan’s political presence persists amidst crackdowns, arrests, and a media blackout targeting his party. Meanwhile, Nawaz Sharif has emerged as a potential beneficiary, enjoying favour from the military.
Shifting focus to India, concerns over election integrity surfaced during the Chandigarh mayoral elections. As we approach the 2024 general elections, it is crucial to ensure accountability and protect democratic principles.
Prime Minister Modi’s inauguration of a Hindu temple in Abu Dhabi marks a milestone in Indo-UAE relations. Yet, concerns about India’s diminishing democratic freedom call for a focus on secular values.
Finally, I reflect on global democratic trends and India’s journey, paying homage to the late Fali Nariman’s legacy in championing democratic values and safeguarding an independent judiciary within the ever-changing political milieu.
Sincerely,
Hari Jaisingh
Imran Khan’s Legal Woes and Pakistan’s Election Turmoil
As Pakistan gears up for the general elections on February 8, the political landscape is undergoing significant turmoil. The situation is complex and fluid; newer developments could occur in the days leading up to the elections. One of the most talked-about figures in this election, former Prime Minister Imran Khan, is again in the spotlight and has received two separate prison sentences this week.
The first case involves the alleged release of secret diplomatic messages from Pakistan’s ambassador in Washington to Islamabad during Khan’s time as prime minister. The trial ended abruptly and chaotically, with a quick replacement of Khan’s lawyers with state counsel. The defense had finished its case by the night of January 29, leading to a verdict the following day. Now, he faces ten years in prison.
Pakistan Tehreek-e-Insaaf (PTI) official Syed Zulfiqar Bukhari said:
“Star witnesses were changed … with no cross-questioning allowed, no final argument concluded, and the decision pops up like a predetermined process in play. This ridiculous decision will be challenged in superior courts.”
Khan had accused the military of ousting him from power with American collaboration, angering the military. He claimed his removal in April 2022 was a plot by the United States and Pakistan’s army, citing a message from Pakistan’s ambassador in Washington. The court found him guilty of misusing that cable.
Shortly after the court decision, a tragic incident occurred as an explosion took place at a political rally in Baluchistan province. This unfortunate event unfolded just hours after Imran Khan received the sentence, leading to the deaths of four individuals, including three members of the PTI.
Adding to this already challenging situation, a day following the ten-year prison sentence for purportedly jeopardizing state secrets, the ex-Prime Minister of Pakistan and his spouse received a conviction for unlawfully selling state gifts. The imposed penalty comprises fourteen years of imprisonment and a fine of US$ 5.3 million.
It is worth noting that the leader of the PTI is currently serving a three-year sentence related to a separate corruption allegation. Khan has been in trouble since his arrest in May 2023, facing various charges. He has been in prison since last August.
Khan’s convictions imply he cannot participate in elections for the next ten years. Further, the PTI has been under government and military crackdown, hindering its ability to campaign freely. The party has faced arrests, disrupted rallies, and a media blackout. Additionally, the Supreme Court took away the party’s electoral symbol – a cricket bat – a reference to Khan’s renowned sporting history. Symbols play a vital role in helping voters identify candidates. However, alternative symbols, including bowls, shoes, and pair of tongs, are considered disparaging.
Imran Khan has been working to energize his supporters and maintain a political presence despite these hurdles and imprisonment. Last December, the PTI organized a virtual rally featuring an AI-generated version of Khan’s voice, delivering a speech based on his prison notes. This amassed over 5 million views on social media despite reported internet outages in parts of the country.
Other prominent players in the elections include the Pakistan Muslim League-Nawaz (PML-N), the Pakistan People’s Party (PPP), and the Jamaat-e-Islami (JI). These parties are all vying for power. However, the biggest beneficiary from recent events is Nawaz Sharif, who will probably win the election. The military already favours Sharif, a three-time former prime minister. After reconciling with the army last year, he returned from exile and has taken a more restrained approach, emphasizing his economic record. However, doubts remain over Sharif’s competence in delivering an economic turnaround.
The run-up to the Pakistani elections has been marred by uncertainty. The usual concerns are that the elections could be rigged and a risk of post-election unrest. Khan’s conviction and sentencing have thrown a wrench into the already volatile political climate in Pakistan. His supporters see him as a victim of a political witch-hunt, while his critics believe he is finally being held accountable for his actions. Clearly, the goal of the military, which is to limit the political space for Khan and his party before the election, has been achieved.
The two verdicts convey a loud and clear message from the Pakistani military to voters: refrain from supporting the PTI in the upcoming elections. Imprisoning Imran Khan has undoubtedly introduced an added layer of complexity to the situation, and the ultimate influence on the election results is yet to unfold. However, one certainty prevails: the ultimate casualty in this scenario is the poor Pakistani voter.
(February 2, 2024)
Safeguarding Election Integrity and Political Accountability in India
The Chief Justice of India, D. Y. Chandrachud, denounced the recent Chandigarh poll incident as a “mockery of democracy”. In this case, the Returning Officer was observed blatantly tampering with the ballot papers while surreptitiously glancing at the overhead camera like a “fugitive”.
The Chandigarh mayoral election was anticipated to be a crucial showdown between the Bharatiya Janata Party (BJP) and the opposition coalition, I.N.D.I.A. However, the aftermath of the election revealed disturbing irregularities that cast doubt on the fairness and transparency of the electoral process.
Social media erupted with controversy when a video suggested that the election officer, affiliated with the BJP, may have tampered with eight ballot papers, all of which strangely favoured the AAP-Congress alliance. This revelation raises serious concerns about the conduct of the election and the impartiality of electoral officials.
The large number of invalidated votes, especially those disproportionately affecting one party, further calls into question the integrity of the vote-counting process. Additionally, allegations of external political influence and limited oversight mechanisms add to the complexity of the situation.
Efforts are underway to address these concerns, with the AAP’s legal challenge prompting the Supreme Court to thoroughly investigate the alleged irregularities. The scrutiny of the evidence, including examining video footage and other materials, aims to determine whether the election’s integrity was compromised.
The Chief Justice called for the prosecution of the individual involved and emphasized that “the great stabilizing force in the country is the purity of the election process”, which must always be upheld with due respect. This becomes particularly crucial given the upcoming 2024 Indian general elections. The incident serves as a stark reminder of the importance of upholding democratic principles and ensuring the integrity of the electoral process.
Media coverage and public discourse are pivotal in promoting transparency and applying pressure to guarantee a thorough and impartial investigation. Depending on the findings of the investigation, there might be demands for electoral procedure reforms and the strengthening of oversight mechanisms to prevent similar occurrences in the future.
This incident brings to light the issue of electronic voting machines (EVMs) and how they can be manipulated. Former IAS officer Kannan Gopinathan and Computer Science expert Madhav Deshpande recently discussed India’s voting system during an event hosted by the Peoples’ Union of Civil Liberties in Maharashtra. They discussed electronic voting and its impact on citizens’ voting rights. Gopinathan raised concerns about the trustworthiness of EVMs based on his experience as a returning officer in 2019, stressing the need for transparent elections.
Deshpande has highlighted concerns about the manipulation of EVMs in India. His clear and straightforward explanations emphasize the importance of understanding these issues firsthand. He explained that although EVMs cannot be hacked due to their lack of Wi-Fi, Bluetooth, or internet connectivity, they are vulnerable to manipulation. Deshpande outlined how voting can be manipulated through the voter-verified paper audit trail (VVPAT) machine and the control unit.
Deshpande has proposed crucial changes to fortify the voting system, such as simultaneously sending voter choices to both control units and VVPATs, electronically pairing control and ballot units, and incorporating GPS tracking. Both experts emphasized the need for major reforms in India’s voting process to ensure fairness and integrity in elections.
In addition to electoral integrity concerns, the legal troubles faced by prominent politicians raise broader questions about political accountability and the rule of law in India. Chief Minister Hemant Soren’s resignation under pressure from a money laundering investigation by the Enforcement Directorate (ED), followed by his arrest on charges related to land acquisition, highlights the challenges of corruption and criminality in the political sphere.
There is a pattern of lopsided enforcement by the ED, with most politicians investigated belonging to the opposition. Critics allege that the government is using the ED as a tool for political maneuvering, including motivating defections in critical states. The significant increase in such investigations since 2014, particularly under the BJP-led government, raises concerns about the selective application of the law and the erosion of democratic norms.
The ED’s use of the Prevention of Money Laundering Act (PMLA) is particularly contentious, especially following controversial amendments in 2019 that granted extensive powers to the agency. Opposition leaders argue that these amendments have been used to target political opponents and stifle dissent, undermining the principles of democracy and the rule of law.
This is not a new trend. It is also no secret that ruling parties, including the Congress, have used legal mechanisms to dismiss state governments led by opposition parties. The more significant issue is a systemic one and extends beyond a specific leader, but rather the concentration of power within a single party and a single leader.
The events leading up to the 2024 Indian general elections highlight the need to safeguard election integrity and ensure political accountability. Addressing concerns about electoral irregularities, impartiality, and oversight mechanisms is essential to uphold the democratic process.
Similarly, measures must be taken to prevent the misuse of legal institutions for political purposes and ensure the fair and impartial application of the law. Only by upholding these principles can India maintain its status as the world’s largest democracy and protect the rights and freedom of its citizens.
(February 9, 2024)
A harmonic milestone in Indo-UAE relations
Prime Minister Narendra Modi inaugurated the temple built by the Bochasanwasi Shri Akshar Purushottam Swaminarayan Sanstha (BAPS) in Abu Dhabi earlier this week, marking a significant moment in Indo-UAE relations. The temple, representing the socio-spiritual Hindu faith of BAPS, has deep roots in India’s cultural heritage. Its proposal emerged during Prime Minister Modi’s 2015 visit to the United Arab Emirates (UAE), with the government allocating land for its construction.
Modi’s assertion that the UAE has written a “golden chapter” in human history by establishing the first Hindu temple in Abu Dhabi resonates profoundly. His recognition that this temple will serve as a beacon of diverse faiths is not just accurate. The sentiment also echoes the timeless adage: “Do not perceive hatred in diversity,” emphasizing the importance of inclusivity and mutual respect among different beliefs.
While the inauguration of the Hindu temple in Abu Dhabi marks a significant milestone in Indo-UAE relations, it also resonates with historical ties that have long connected the two regions. UAE Tolerance Minister Sheikh Nahyan bin Mubarak Al Nahyan said the BAPS temple will “become a symbol of communal harmony and global unity for the whole world.”
The temple’s design incorporates elements that foster cultural unity between the two nations. For instance, it has seven shikars or spirits, representing the seven emirates that form the UAE. At the entrance, the right idols symbolize universal values such as faith, charity, and compassion. The temple is surrounded by artificially created rivers containing water from the Ganga and the Yamuna.
The inclusion of the falcon, the UAE’s national bird, in the temple’s design reflects an effort to offer equal representation to the host country. This symbolic gesture embodies the shared values of tolerance and acceptance that guide the ties between India and the UAE. Prime Minister Modi’s acknowledgment of the UAE’s role in the temple’s construction highlights the country’s commitment to accommodating non-Islamic faiths, fostering an environment of inclusivity and mutual respect.
It must be recalled that the mother of the Mughal Emperor Akbar, Hamida Banu Begum, played a unique role in bridging the cultural gap between the Muslim Mughal court and the Hindu population of India. One fascinating aspect of her life is her interest in the Ramayana. Some accounts suggest she personally enjoyed listening to recitations of the Ramayana.
Hamida Banu had commissioned a Persian translation of the Ramayana, completed in 1556. The manuscript was held at Lahore in 1594 and remained with Hamida Banu until her passing. This illustrated manuscript, known as the “Doha Ramayana”, is currently preserved in the Qatari Capital’s Museum of Islamic Art and is a beautiful example of interfaith collaboration.
It is no secret that Akbar’s court was used to gather scholars and artists from across religions and regions. Turks, Persians, Parsis, Rajputs, and Brahmins were employed in various capacities. The Doha Ramayana offers insights into Indian culture and Mughal interest in Hindu texts. Hamida Banu’s support reflects a genuine appreciation for Hindu culture and is a testament to the power of art and literature in bridging cultural divides.
The Wall of Harmony is a notable feature of the temple. It is one of the most extensive 3D-printed walls in the UAE and has the word “harmony” engraved in 30 languages.
Prime Minister Modi emphatically declared, “India and the UAE are partners in progress. Our relationship is of talent, information and culture.” He highlighted the UAE’s status as India’s third-largest trade partner and seventh-largest investor, emphasizing the collaboration on improving living standards and business facilitation. Modi underlined, “Today, every Indian’s aspiration is to propel our nation towards developed status by 2047. It’s our India that is experiencing robust economic growth and leading globally on multiple fronts, positioning us to become the world’s third-largest economy.”
The inauguration of the first Hindu temple in Abu Dhabi symbolizes tolerance, unity, and cultural exchange. This event exemplifies the potential for collaboration and understanding amidst diverse cultures and faiths, shaping a promising future for diplomacy and cooperation between India and the UAE.
However, as India and the UAE mark this historic moment, it reminds us to consider democracy and pluralism. The temple’s message of tolerance and inclusivity is closely tied to these principles, where we respect and value diverse voices and beliefs.
It is, therefore, crucial to acknowledge India’s democratic standing amidst these celebrations. As per the 2023 edition of “Freedom in the World” report, India scored 66 out of 100, placing it in the category of “partly free” countries. This score is a significant decline from the 2017 score of 77. The report assesses two broad categories: political rights and civil liberties. India scored 33 out of 40 in political rights, indicating relatively free and fair elections but with concerns about some electoral restrictions. It scored 33 out of 60 in civil liberties, raising concerns about limitations on freedom of expression and religion. Despite India’s diverse and vibrant democracy, with its large and free media and active civil society, the report highlights growing concerns about declining freedoms and rising intolerance.
It needs to be appreciated that India’s democratic foundation has to be further strengthened on secular and pluralistic principles. Equally important is strengthening harmonious alignments by national parties, keeping in view the regional and local forces. The Indo-UAE relationship is likely working in this direction.
(February 16, 2024)
State of Democracy – global trends and India’s path
The Democracy Index released by the Economist Intelligence Unit reveals concerning trends for the state of democracy globally. Out of 70 countries holding elections this year, only 43 have entirely free and fair processes. The index highlights a stark reality: less than 8% of the world’s population lives in full democracies, with nearly 40% living under authoritarian rule.
Norway topped the list as the most democratic nation, while Afghanistan ranks at the bottom. Though improving its ranking from #46 to #41, India is still categorized as a “flawed democracy”.
Both China and India saw certain improvements in 2023. China’s score went up, but it’s still considered to have very low democracy levels, mainly controlled by the government. While India’s democracy is seen as flawed, it scored better than China’s, and its political system is more open.
In China, the improvements were more formal than actual. They tightened control over the military and increased the number of female lawmakers in their parliament. However, real power remains with the Chinese Communist Party, which is primarily male-dominated.
In India, the government and political culture improved, but there were setbacks in civil liberties, particularly in protecting minority rights, during ethnic violence between the Hindu Meitei and Christian Kuki communities that erupted in May 2023 in Manipur. The state government had shut down the internet during the unrest. The media did not give much attention to the situation, something also common in Kashmir.
Looking back, India has experienced two significant setbacks in its democratic journey: the Emergency period from June 1975 to March 1977 and a more recent decline starting with Narendra Modi’s election in 2014. During Modi’s time in office, formal democratic institutions have remained intact. However, the Modi government has implemented policies that undermine political freedoms and suppress voices advocating for inclusivity.
The Modi administration has taken undesirable actions against non-governmental organizations (NGOs) since 2014. The Economist reports that India’s civil society, consisting of more than 200,000 registered NGOs, holds significant importance in the development and wellbeing of millions of impoverished Indians. Nevertheless, the government’s policies, including limitations on foreign funding and other regulations aimed at NGOs, have been met with criticism.
Kearrin Sims, Research Fellow at the Cairns Institute, writes in the East Asia Forum:
“In reality, Modi’s leadership has advanced a politics of occlusion, implementing wide-ranging policies that erode political freedoms and silence advocates of inclusivity. To see this politics of occlusion at work, one need look no further than the eviction of beggars and hiding of slums that took place in the lead up to the G20 summit.”
This decline contrasts sharply with the Emergency under Indira Gandhi, during which she formally dismantled many democratic institutions, including banning elections, imprisoning political opponents, restricting civil liberties, censoring independent media, and passing constitutional amendments weakening the authority of the courts.
Therefore, I would argue that Indian democracy persists in its familiar form, characterized by its messiness and the interplay between democratic and authoritarian features.
So, what can we do to save Indian democracy? The best path for India to rejuvenate its democracy depends on the rise of a genuine opposition party with strong grassroots support. The Congress fulfilled this role in the past, but its grassroots connections vanished in 1969 due to Indira Gandhi’s actions to consolidate power. The Aam Aadmi Party has also shown promise beyond its stronghold in Delhi, but both parties need to evolve for sustained growth. Effective power requires well-organized structures beyond individual figures.
Unfortunately, the nation recently lost Fali Nariman. Nariman, a stalwart of India’s legal landscape, stood as a formidable advocate for secular values and an independent judiciary, embodying democratic principles in his life’s work. His unwavering commitment to upholding the constitutional rights of all citizens, regardless of their background or beliefs, serves as a beacon for those striving to safeguard democracy in India.
Throughout his illustrious career, Nariman championed the cause of civil liberties and free speech, recognizing them as fundamental pillars of a vibrant democracy. His fearless pursuit of justice often led him to confront challenges head-on, whether defending marginalized communities or challenging governmental overreach. Nariman’s landmark cases established legal precedents and reinforced the idea that no individual or institution is above the Constitution.
The eminent jurist writes this in the final chapter of his autobiography Before Memory Fades:
“I have been brought up to think and feel that the minorities, together with the majority community, are integral parts of India. I have lived and flourished in a secular India. In the fullness of time, if God wills, I would also like to die in secular India.”
In the broader context of India’s democratic journey, Nariman’s contributions take on profound significance. They serve as a reminder of the constant vigilance required to protect democratic institutions from erosion and decay. As India navigates through periods of political turbulence and societal change, Nariman’s dedication to the rule of law offers invaluable lessons on upholding democratic norms and values. His unwavering resolve to uphold the principles of justice, equality, and liberty embodies the spirit of a nation striving to realize its democratic potential.
This brings us to the critical point of saving our democratic institutions. We must not allow government authorities to play with citizens’ rights and constitutionally blessed institutions. Also, I would like to emphasize that the functioning of governmental units must not only be clean but also seen to be clean. This is in the interest of saving our democratic institutions.
(February 23, 2024)