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Khan Wali Khan Basharmal

Book Review by : Khan Wali Khan Basharmal

Afghanistan, Pakistan and India: A Paradigm Shift Part I

Shaida Mohammad Abdali serves Afghanistan as its ambassador to India, as well as serving as a non-resident ambassador to Nepal, Bhutan and the Maldives. He previously held the position of Deputy National Security Advisor as well as Special Assistant to the former President of Afghanistan, Hamid Karzai.

His latest book, ‘Afghanistan, Pakistan and India: A Paradigm Shift’, is one of the most significant tomes ever written by an Afghan diplomat. He is a highly respected political figure and has served his country well on the security, economic and cultural fronts, having helped to establish increasingly friendly relations between all three nations, which are, in a very real sense, inextricably joined ‘at the hip’.

Ambassador Abdali was close to President Hamid Karzai’s government, and played an essential role in policy making on critical national security issues. He was responsible for arranging National Security Council meetings while also chairing Deputies Committee Meetings of the National Security Council, and thus played a significant role in facilitating strategic coordination and communication among various Afghan and international stakeholders as they worked to address the country’s security, economic, and political needs. To risk heaping credit upon credit, it must be stated that Ambassador Abdali served as one of the key negotiators of the Enduring Strategic Partnership Agreement between Afghanistan and the United States, while also playing a critical role in bringing India and Afghanistan closer together regarding the fundamental issues of closer regional economic and political connectivity.

Afghanistan, Pakistan and India: A Paradigm Shift Part II

‘Afghanistan, Pakistan and India: A Paradigm Shift’, is a book that focuses on the manifestations of what the author characterizes as a profound psychological disorder in respect to the historical Pakistani paranoia concerning Indian designs on their national integrity—and the efforts Pakistan has made to subvert promising economic initiatives between Afghanistan and its increasingly powerful South Asian neighbor.
Discussing relations between the three nations, the author refers to the view of most scholars that the successful development of relations between Afghanistan and its all weather friend, India, has the effect on Pakistan similar to aggravating a psychiatric patient’s inferiority complex. His doctoral research led him to the conclusion that the only path of turning the tables consists in promoting ties that stress common interests and cultural values among the three.

His explanation of the problems confronting the three nations and proposed solutions is developed in straightforward, comprehensible language, perhaps reflected in the fact that he is a well-published writer, with articles appearing in the Washington Times, Foreign Policy, Foreign Affairs, The Diplomat, Diplomatic Courier, The Hindu, and the Indian Express, as well as having authored a research paper entitled “Weak Governance and Instability in Afghanistan: The Way Forward,” which has been published by the Delhi Policy Group (DPG).

Mr. Abdali’s write-ups gain increased importance inasmuch as he is an Afghan, discussing issues pertinent to Afghanistan from an Afghan’s point of view. It is an open secret that foreign experts and intellectuals writing about the problems of Afghanistan simply do not have a firm grasp on many facets of objective realities in the country.
As may be inferred from the title of his book, the author takes an optimistic approach towards the region’s future, seeing it in bright colors as does President Ashraf Ghani. And while Mr. Abdali is keen on the prospects for developing regional integration and enhancing economic ties, he often assigns blame to the Pakistani establishment for inflicting ills on Afghanistan, and for creating hurdles in the way of expanding economic relations between friendly nations, in particular those between Afghanistan, Iran, China, India, and the Central Asian republics.

In his introduction to the book, Mr. Abdali states a fundamental concept, that “Being a point of contact between Central Asia, South Asia, Southeast Asia and the Middle East, Afghanistan is currently the missing link for ensuring a smooth transit of people, trade, energy and goods with the massive regions.” Furthermore, he observes, “the strategic, geographical location of Afghanistan plays an important role in its relationship with the neighboring countries,” noting that Afghanistan has always been an important hub of trade transactions from ancient times through the classical age to the modern period.
In a chapter entitled “History of Afghanistan-Pakistan”, Ambassador Abdali emphasizes that the current state of relations has been a predictable outcome of the initial unhealthy start between Afghanistan and Pakistan following the birth of the latter in 1947. The primary bone of contention, however, dates back to 1893, when the Durand Line border between the twoH nations was imposed by the British for reasons of imperial control and the burning question of the cohesiveness of the Pashtun nation was born as its unfortunate result.

The modern, nationalistic thinking of Sardar Daoud Khan is elicited, who, in 1955, “was emboldened enough to confront the radical elements. On august 31, 1955, he allowed women to appear in public without the veil, and women of the royal family were publicly seen without the purda for the second time in the country’s social history.” The Daoud’s governmenal reforms were carried out in the spirit of Amir Amanullah Khan’s thinking, who struggled for an enlightened and modern free society where human rights and civil liberties could be ensured for all the people of Afghanistan.

Conceived as the nation was with an orthodox Islamic identity, such thoughts and developments were unwelcome in Pakistan. Such an identity has been the root cause of the growth of religious fanaticism in Pakistan, and has given rise to the notion that Hindus and Muslims are intractable enemies of one another with no possibility of living together in harmony.

The author apparently takes the view that the situation changed somewhat when Afghanistan became engaged with the USSR, receiving military support, as well as assistance for construction projects and social reforms both during and after the time of the Daoud regime. On the other hand, the author deems the invasion of Afghanistan by the army of the USSR to have been a blunder that initiated an era of death and destruction, of sorrow and instability. Mr. Abdali proceeds to explain the story of civil war, enumerating the seven hardline religious groups that trained Jihadis in Pakistan with funding from the US and Saudi Arabia. Foreign actors played their parts in destruction, for example, “The People’s Republic of China and Saudi Arabia also supported the Mujahedeen. Being familiar with and having knowledge of the mountainous terrain, the Mujahedeen fought against Russia.”

Referring to the work of Peter Tomsen in his The Wars of Afghanistan (2011), the ambassador notes that Gulbudeen Hematyar, who has made recent attempts to forge a peace settlement with Afghanistan’s National Unity Government (NUG), was the beneficiary of Pakistani attempts in 1990 to raise him to a commanding position of power, despite opposition from all other Mujahedeen commanders and factions: “In October 1990, the ISI (Pakistan intelligence agency) devised a plan to undertake a mass bombardment of the Afghan capital Kabul – still under communist rule – by Hekmatyar.” He again quotes from Tomsen, “The brother of Ahmad Shah Massoud, Mr. Ahmad Zia Massoud, and the late Abdul Haq were reportedly angry about the unilateral ISI-Hekmatyar Plan,” and adds that “the plan had to be called off when the United States finally put pressure on Pakistan in 1992.”

Although it is a matter of historical record that the growth of fundamentalism and fanaticism as well as the birth of the Taliban in Afghanistan has been facilitated by military and technical assistance from Pakistan in the name of religion, as well as its channeling international funds designated for these purposes, nevertheless Pakistan must now take cognizance of the fact that Afghanistan’s international standing has changed, for it has gained the steadfast commitment of strategic military and economic ties with the NATO countries and the United States as well as with India. Ambassador Abdali urges Pakistan to establish good relations with India, pointing to“the Indus Water Treaty between India and Pakistan as a great example of cooperation.” He furthermore observes that, “From the perspective of Afghanistan, the engagement of India and Pakistan in its reconstruction process are merited differently with India having a strategic partnership with Afghanistan in place, and therefore, an equally supportive commitment from Pakistan is a prerequisite for a stable Afghanistan.”

Instability in Afghanistan, both historically and currently, has been imposed from the outside: “External forces have always tried to play a dominant role in Afghan affairs, which became a major cause of instability in the history of Afghanistan.” The author draws a quotation from Ghost Wars, by Steve Coll (2001): “All the while neighboring countries such as Pakistan, Iran, India, and Saudi Arabia, delivered pallets of guns and money to their preferred Afghan proxies.”

Ambassad Abdali calls on Afghan President Ghani’s statement for help in understanding Afghanistan’s contemporary challenges, quoting David Isby in Afghanistan: Graveyard of Empires (2010): “The stakeholders in instability are better organized than stakeholders of stability.’’ He refers to MJ Greene’s statement in her book about corruption, A Conflict of Interest(2013), to warn that, “Corruption and human rights violations are also responsible for the instability in Afghanistan.” The beginning of the current morass can in part be attributed to a seminal event of 37 years ago, when, as Ahmed Rashid points out in his Taliban: Militant Islam(2nd ed. 2010), “Elements of instability crept into Afghanistan on December 27, 1979 when the Soviet ‘Spetsnatz’ or Special Forces entered the royal Presidential Palace in Kabul, killed Hafizullah Amin, captured the capital of Kabul and appointed Babrak Karmal as the President of Afghanistan.”

Ambassador Abdali quotes Husain Haqqani from his 2013 Magnificent Delusions: Pakistan, the United States, and an Epic History of Misunderstanding to lay the blame for instability in Afghanistan squarely at the feet of its neighbor: “The responsible focal point for instability in Afghanistan was the appointment of Pakistan Army Chief Mirza Aslam Bag’s vision of Pakistan as a major power and his paranoia about the American influence.” According to Haqqani, “He [Gen. Bag] had grand designs for projecting Pakistan’s power into Afghanistan and onwards into Central Asia as well as for breaking up India after liberating Kashmir.”

To emphasize the point, the author draws upon a statement by the distinguished security analyst Anthony Cordesman of the Center for Strategic and International Studies (CSIS): “A valid Afghan strategy cannot be separated from what happens in Pakistan . . . At the same time, it is clear that Afghanistan’s future will play a critical role in defining Pakistan’s security.” Mr. Abdali proceeds to argue that Pakistan’s motives for destabilizing Afghanistan have much to do with foiling Indian attempts at accessing the Central Asian states for the import and export trade. He maintains that Pakistan explicitly created Taliban and other disruptive fundamentalist factions to further the strategy of denial, adding that Mahmoud Saikal and Haroon Amin are of the same opinion, viz., that “Neither the Taliban nor other militant groups are products of Afghanistan. All those who are involved in terrorism and hostilities are being patronized and assisted from abroad.” And yet paradoxically, the Pakistanis’ strategy is fundamentally illogical, in that while they are promoting terrorism and nurturing terrorists, they expect only peaceful responses from their neighbors in return.

And yet Mr. Abdali does not wish to engage in the blame game, but rather offers suggestions for resolving problems between Afghanistan and Pakistan: “Most scholars believe that a common boundary of respect towards Afghanistan can play an important role in the future for not only creating stability in Afghanistan, but also in the whole of the subcontinent.”

Turning his attention in another direction, the ambassador takes note of Iranian involvement in Afghan affairs: “There is confirmed evidence of a direct supply of weapons and a number of wounded Taliban who are being treated in Iran,” adding, “Some Iranian weapons were found in Panjwai district of Kandahar and elsewhere.”
India is praised for its contributions to the Afghan people in all walks of life, including the building of infrastructure, security measures, humanitarian assistance, roadway construction, and capacity building for Afghan employees in the interior and defense ministries.

Indian educational policies and instructional strategies have been influential, and have benefited more than half of Afghan students, albeit a significant cloud is cast on Afghanistan’s future by poor school enrollment overall. Mr. Abdali notes that the two nations share a history of close relations from ancient times to the modern era, and draws a quotation from Dutta (2014):‘Afghanistan was the first country to provide shelter to leading Indian freedom fighters such as Subhash Chandra Bose, Barkatullah, and many others in Kabul in 1915. It was thus quite common to find people from Afghanistan being popularly referred to as the ‘Kabuliwallahs’ who frequented India to sell their goods and dry fruits.”

The author proceeds to enumerate the characteristics of a failed state, and then provides a long list of internal problems and challenges that Afghanistan must confront, including structural failure in governance and bureaucratic state functions, the lack of skilled human resources, low salaries, the lack of merit-based appointments and inadequate mechanisms for managing employees and evaluating performance, imbalance in the delegation of authority among governmental departments, corruption, poppy cultivation and drug production and the challenges their impact on the economy gives rise to. Ambassador Abdali laments that the US and the international community have spent billions in attempting to curtail poppy cultivation and drug production to no avail, and suggests that perhaps the effort should be modeled on the much more successful program conducted in Colombia with assistance from the United States.

In a chapter concerned with the relationship between Pakistan and Afghanistan, the author examines the historical background, and specifically the ambiguities and shortfalls of the Durand Line Agreement and the resultant question of “Pashtunistan”, and Pakistan’s reasons for promoting fundamentalist extremism. Afghanistan is depicted historically as having been profoundly affected by its treatment as a buffer state, while Pakistan confronts the dilemma of having been birthed as an “unwanted colonial child”, which may have helped engender its focus on the division of Kashmir as a critical problem for the state’s very integrity, a concern that has spilled over into promoting hardline elements and terrorists in Afghanistan according to misplaced perceptions of its own need for stability.

Mr. Abdali brings Prime Minister Zulfiqar Ali Bhutto into the picture in writing that “[his] government created the “Afghan Cell” within Pakistan’s foreign office and ascribed a policy that included bolstering ties with and endowing the religious extremists exiled in Pakistan. Mr. Bhutto was an emotional and ruthless personality; he was quite confusing in adopting extremism and socialist economy. This is an open secret that he was the father of Islamic extremism in Pakistan by devising the 1973 constitution that laid the foundation of Islamic fundamentalism.”

Pakistan was not alone, however, in promoting instability in Afghanistan, for funding and technical assistance contributed by the United States, European players, the UAE and Saudi Arabi played a role as well, and “Afghanistan swirled into a brutal civil conflict between the conflicting Mujahedeen warlords, none of whom were capable of unifying or stabilizing the entire country.”

The author discusses the background of the political and military proxies Pakistan has supported in Afghanistan, noting Afghanistan’s defensive posture with regard to the military strength and professionalism of its army units, and delineates three periods of Pakistani involvement: “First, the war of resistance against the Soviet occupation; second, the Afghan Civil War and third, the Post-Taliban era.” As for the Soviets, Mr. Abdali is of the view that Afghanistan was in part driven into the arms of Russia through the failure of the United States to provide urgently needed help economically, militarily, and diplomatically.

A Paradigm Shift Part III

Commenting on the historical ties between Afghanistan and India in the chapter regarding relations between the two countries, the ambassador writes, “Relations between India and Afghanistan can be traced back to over 2000 years. India has always strived to maintain its interests in Afghanistan.” Religion played a large role in mutual relations: “Much of Afghanistan came to be influenced by the Buddhist, Hindu, and Zoroastrian cultures until the arrival of Islam in the seventh century AD”—which Afghanistan brought to India at a time when the adherents of various religions found the capability of living peacefully “side by side.”

The significant role that Khan Abdul Ghaffar Khan (often referred to as the ‘Pride of Afghanistan’ and ‘The Frontier Gandhi’) played in the fight for Indian independence is highlighted. The writer makes the point that it is not only Afghanistan that is threatened by Pakistan’s support of violent fundamentalist factions, but the very prospects for the integration and peaceful development of the entire region, noting that the bulk of fundamentalist terrorists have come from the territory of Pakistan.

By contrast, the ambassador applauds the role India has played in modern day Afghanistan, listing India’s contributions in several sectors, such as infrastructure projects, humanitarian assistance, small community-based development projects and promoting educational development and capacity, including the major initiative of the “Back to School” campaign in 2002, which per an MEA report of 2008 could be considered a definite success, with 6.4 million children, one third of them girls, enrolled in school by that year. Attendance was supported through a school food distribution program. India has been a significant contributor to Afghanistan’s food supply, and Mr. Abdali takes note of a commitment made by former Indian Prime Minister Dr. Manmohan Singh in 2009 to provide a quarter million metric tonnes of wheat to Afghanistan.

The establishment of the “Afghan National Agricultural Sciences and Technology University” (ANASTU) is hailed as a milestone achievement, marking the success of the peaceful relations between India and Afghanistan. In an aside, he comments that, , “Interestingly, the Tarnak farm was Osama bin Laden’s main Afghan residence during much of the late 1990s.”

Afghanistan’s ambassador to India highlights particular assistance projects of substantial significance to Afghanistan, including the India-Afghanistan Friendship Dam (formerly known as the Salma Dam), the Parliament building, and sporting events, scholarship awards, and vocational training programs initiated at the instance of Dr. Manmohan Singh. Mr. Abdali is optimistic about future relations between the brotherly nations, and points to the statement of former Afghan president Hamid Karzai as evidence to substantiate his sanguinity: “The Western countries and the United States of America came to Afghanistan for their personal goals. There are also countries that, without having personal agendas, are here for honest cooperation with Afghanistan’s government. One example is India.”

India has not only supported Afghanistan by providing military supplies, but has also concluded an agreement with Russia, whereby the latter country would provide small arms such as light artillery and mortars to Afghanistan, and India would foot the bill.

In a chapter detailing the role Afghanistan plays in the India-Pakistan relationship, the author stresses that peaceful economic ties between the regional nations will boost regional prosperity and economic stability. He explains the economic agendas of both India and Pakistan and the role that trade pacts play, such as the India-Pakistan-Afghanistan Transit Trade agreement, the prospects for moderating the Afghanistan-Pakistan Transit Trade Agreement (APTTA), and the India-Pakistan Joint Economic Investment in Afghanistan agreement. He notes that the project for supplying energy to both Pakistan and India through Afghanistan constitutes an important mutual interest, but can only be truly advantageous to all when Pakistan desists from nurturing disruptive Afghan fundamentalist forces in Pakistan.

A chapter is devoted to the feasibility of grand projects such as the Turkmenistan-Afghanistan-Pakistan-India (TAPI) pipeline, the Central Asia South Asia (CASA-1000) project, and the plans for coordinating the “New Silk Road” development with China. The writer contributes insightful thoughts on the CPEC (China Pakistan Economic Corridor) project as well as the Chabahar Port Agreement between India, Iran, and Afghanistan.

Discussing sinister elements threatening regional security, in particular that of Afghanistan and India, Mr. Abdali points out that such international famous terrorist organizations as the Lashkar-e-Taiba (LeT), the Tahreek-e-Taliban Pakistan (TTP) and the Haqqani network are living peacefully and thriving in Pakistan as they implement their nefarious designs against Afghanistan and the Indian held portion of Kashmir. The writer is of the view that all these terrorist organizations should be isolated, then Pakistan should be forced to dismantle them while removing all obstacles it’s thrown in the way of regional trade and cooperation. Besides that, the writer also suggests that Afghanistan should not be abandoned by the major powers as it was once left in isolation decades ago by the USSR and the United States. Furthermore, he writes, “With regard to the overall trade, there should be a more concerted and energetic international effort to enable Afghanistan to take fuller advantage of its geographical position as a crossroads of Central, South and West Asia.”

In his concluding chapter, Ambassador Abdali writes, “the 2010 testimonies of the former Taliban commanders show that Pakistan through its Inter-Services Intelligence was, however, ‘actively encouraging a Taliban revival’ from 2004-2006.” ‘The effort to reintroduce the Afghan Taliban militancy in Afghanistan was preceded by a two-year, large-scale training campaign, conducted by the ISI, of Taliban fighters and commanders in several training campus in Quetta and other Pakistani locales.
The Afghan Taliban, subsequently enabled by the ISI, launched a deadly insurgency campaign in Afghanistan from 2004 to 2006, killing thousands of civilians and combatants and thereby both renewing and escalating the ‘War in Afghanistan’ Such authorial views are lent credence by the fact of that the killing of Taliban arch-commander Mullah Mansor occurred in Pakistani Balochistan, indicative, therefore, of his close association with the ISI.

Wrapping his argument up, Mr. Abdali states that, “A peaceful and stable Afghanistan is in India’s interest, and in the interest of the region and the whole of the world.” He lends words of encouragement to Afghan nationals, noting, “The trauma and the destruction Afghanistan faced in the 1990s require a comprehensive effort to get over.”

He suggests to the regional powers that, “Economic development has recently become the most important goal for Pakistan and India,” adding that, ‘Afghanistan has the greatest potential to connect and put India’s and Pakistan’s economic agendas on track, thereby helping in improvement, and ultimately, normalization of the India-Pakistan ties.’

In conclusion, Mr. Abdali is to be lauded for grappling with the many hard issues confronting the regional states of Afghanistan, Pakistan, and India, whose destinies are inextricably bound together by the simple incontestable facts of geography. As an Afghan diplomat, Mr. Abadli has enjoined a critical Afghan perspective on the complex interrelations of these three highly quarrelsome nation-states and his suggestions of peaceful solutions to their varied problems, instead of engaging continuously in senseless and meaningless rivalries and discord for no discernible gains, is a valuable contribution to the dialogue.

Ambassador Abdali argues that Pakistan’s nurture of intolerant and violent religious fundamentalists not only effectuates the destruction of Afghanistan but inevitably blows back at Pakistan itself, equally harming, killing and swallowing up its own citizens’ lives. His perspective reflects President Ghani’s as well–that the region is haunted by a poverty feeding discontent, which is why regional actors must concentrate on ridding the area of unemployment, poverty and low standards of life. Mr. Abdali is a genuine representative of the Afghan people with a view of the problems confronting the nation and region that differentiates him from other Afghan and Pakistani analysts, offering pragmatic suggestions for their resolution and spotlighting the importance of corridor and trade politics as an alternative to the barbarically destructive and turbulent policies which have historically characterized the region.

Mr. Basharmal has long worked with both national and international organizations and ministries and currently acts as the General Director of the Strategic Center for International Relations and Editor-in-Chief of its quarterly publication.

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BJP leaders brainstorm for second day, say govt ready for talks with farmers

Union Home Minister Amit Shah met Agriculture Minister Narender Singh Tomar earlier in the day to discuss the strategy to break the logjam.

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Farmers on Protest

Eager to break the deadlock with famers who are agitating for scrapping the new farm laws, the Bharatiya Janata Party (BJP) leadership held meetings for a second consecutive day on Monday and sent out the message that the Union government is ready for talks.

Union home minister Amit Shah met Union minister for agriculture, NS Tomar earlier in the day to discuss the strategy to break the logjam. A senior party functionary said, “The message from the top is clear that the laws are not anti-farmers and that the farmers are being misled. Prime Minister Narendra Modi has reiterated that laws will offer better opportunity for the farmers.”

The functionary said the government is ready to sit across the table and discuss the new laws and “address whatever concerns” the farmers have.

Speaking in Varanasi, the PM on Monday said the laws have given farmers new options and legal protection. He lashed out at the opposition for “misleading” the farmers and said earlier decisions of government were opposed now rumours have become the basis for opposition and propaganda is being served even though the laws favour the farmers.

The party has also opted for a cautious, measured response to the agitation. Even though it is pinning the blame on the opposition for provoking the protest, it is taking care not to rile the farmers. “The farmers are innocent. They are being misled by those with vested interests. The laws have barely been implemented and their impact is yet to be ascertained, so how can people rush to call these anti-farmers,” said Rajkuamr Chahar, head of the BJP’s Kisan Morcha.

He said the Punjab unit of the Morcha has been communicating with the farmers’ representatives and has relayed the government’s willingness to address their concerns.

On Monday, even as the party tried to diffuse the anger against the bills, its ally the Rashtriya Loktantrik Party (RLP) joined the chorus for the rollback of the laws. Rajasthan lawmaker and RLP chief, Hanuman Beniwal, shot off a letter to Shah, seeking the reversal of the laws.

“….In view of the countrywide sentiment in support of the ongoing farmers’ movement, the recently introduced three bills related to agriculture should be immediately withdrawn. (The Centre must) implement all recommendations of the Swaminathan Commission, and immediately hold dialogue with farmers in Delhi,” he said.

The BJP, however, played down the ally’s demand. Its national spokesperson on economic issues, Gopal Krishna Agarwal said, “We assure all, including our NDA partners that farmers’ well-being and welfare are in our heart. Large scale market reforms are needed and that has always been the consensus.”

He went on to add that while the BJP opposes misgivings about the APMC mandis being dismantled and MSP being withdrawn, the opposition is politicizing the issue along with the Arhtiyas (commission agents) and middleman.

“We have offered all the basic facilities to farmers, drinking water, toilets, shelters and medical facilities. They have been given permission to protest and also been invited for dialogue. We are open for all discussions on the merits or demerits of the three bills. If farmers have certain serious concerns, we are ready to listen to them,” he said.

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Lunar Eclipse: Chant these mantras for peace during Chandra Grahan

Check out the Chandra Beej Mantra, Dhanvantari Mantra, Maha Mrityunjaya Mantra and Shanti Path given below to ward off the ill-effects of this celestial movement.

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Lunar eclipse

Lunar Eclipse 2020: The fourth and the last Upachaya Chandra Grahan (Penumbral Lunar Eclipse) of 2020 will take place today. Though Sutak is not applicable during Upachaya Chandra Grahan, the constant movements of the Grahas (planets) may cast an impact on zodiac signs. It may influence people’s natal charts. Hence, people must chant mantras to negate the negative effect of Grahan.

The Lunar Eclipse will have a duration of 4 hours and 18 minutes. It will begin on Monday at 1.04 pm and reach its peak at 3.13 pm. The Lunar Eclipse will end at 5.22 pm and will have a magnitude of 0.82.

Check out the Chandra Beej Mantra, Dhanvantari Mantra, Maha Mrityunjaya Mantra and Shanti Path given below to ward off the ill-effects of this celestial movement.

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Uttar Pradesh law on love jihad seeks to divide communities, writes Kapil Sibal

The Ordinance also goes against the right to privacy. The state has no role to play in the personal choice of individuals in consummating a union and embracing their partner’s religion

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Love Jihad

When laws are motivated by communally divisive agendas, they breed suspicion within communities, resulting in a sense of alienation. That in turn negatively impacts societal peace and harmony. Occasionally, it leads to sporadic violence. When such laws attempt to interfere with personal relationships or emotive issues of choice, which are at the heart of individual freedoms, the outcomes are even more disturbing. That explains why matters relating to marriage, divorce, succession and inheritance polarise dialogues and attitudes.

Such agendas germinate a majoritarian culture pitting “us” against “them” and give birth to electoral majorities. The road to power then becomes a relatively easy enterprise. The rise of right-wing assertions, a global phenomenon, is based on such engineered societal divides. The Uttar Pradesh government’s recent promulgation of the UP Prohibition of Unlawful Conversion of Religion Ordinance, 2020, relating to “Love Jihad” is yet another attempt, in a string of communally charged initiatives, aimed at reaping electoral dividends.

Love jihad is a concept the contours of which are blurred. However, in simple terms, all that it means is that if a Muslim boy, in love with a non-Muslim girl chooses to marry her and she embraces Islam, such a union will be looked upon with suspicion by the law and is liable to be declared void. This strikes at the root of individual liberty since such a union cannot be held to be legally suspect. It strikes at the core of the ‘right to privacy’, which is protected constitutionally.

The Ordinance also targets mass conversions, which have taken place in the past. These include conversions to Christianity in the 1930s, to Buddhism by Dalits in the 1950s and Mizo Christians to the Jewish faith in the 2000s. Those seeking to convert allure marginalised castes and tribes with hope, dignity and material enticement. Dr Ambedkar, disenchanted with the caste structure of Hinduism, converted to Buddhism.

The reasons for such mass conversions are complex and need to be addressed separately. Under the proposed law, those guilty of mass conversions are liable to face a jail term extending up to 10 years and a minimum fine of Rs 50,000. While it is justifiable to prevent conversion based on force, coercion, undue influence, misrepresentation and allurements, it is difficult to prove these elements if a Muslim boy and a non-Muslim girl or vice-versa exercise their free will to marry for reasons that are entirely personal. The reason why non-Muslims convert to Islam is because the children born in wedlock would otherwise be excluded from inheritance under Muslim law.

Absent this conversion, the union of a Muslim with a non-Muslim or vice-versa will be a difficult proposition. That is why the intent of the proposed law is suspect as it seeks to target conversion and not marriage. The Ordinance provides that in an interfaith marriage, if one of the partners wishes to embrace another religion, that person will have to inform the District Magistrate or the Additional District Magistrate in writing at least two months in advance. A format of the application seeking permission for conversion will be provided by the government.

Under the proposed law, it would be the responsibility of the person embracing another religion to prove that such person was not converted forcibly or through fraudulent means. Those who abet, convince or conspire are also liable to be prosecuted. Any such violation of the law would entail a jail term of six months to three years and a minimum fine of Rs 10,000.

Marriage between two people is personal to them. It allows either of them to opt out of the marriage. In addition, the person victimised is free to allege use of force, coercion, fraud, undue influence or misrepresentation against the other. In the absence of any of these, it is unthinkable that the law mandates a person who voluntarily embraces another religion to seek permission to prove that the decision was not actuated by any of those elements. Reversal of the burden of proof in matters of personal choices of a life partner may be legally unsustainable.

The obligation to seek permission for conversion two months in advance is fundamentally arbitrary and a violation of the ‘right to privacy’. The state has no role to play in the personal choice of individuals in consummating a union and embracing the religion of the partner. The state can certainly regulate acts of forced conversion but the starting point of such regulation has to be a complaint made by the individual who opts to convert. In most of these cases, it is the parents who complain that their daughter has been fraudulently enticed into a relationship and is a victim of forced conversion.

The Ordinance allows members of the family of those who convert or any relative to lodge an FIR. This makes the Ordinance an instrument of harassment in situations where interfaith marriages are voluntary.
We have seen this being played out in Hadiya’s case in Kerala. The couple went through trauma when Hadiya’s husband and some organisations were targeted for allegedly having induced her to convert to Islam. This was despite the fact that she constantly denied the allegations, asserting that she had embraced Islam voluntarily and much before she had met her husband.

The drama was then played out in court after the Kerala High Court held the marriage to be void on grounds that there was no reasonable explanation given by Hadiya for her marriage to a Muslim without the consent of her parents. Finally, while appearing personally in the Supreme Court, she unequivocally stated that she had married her husband of her own free will and converted to another religion much before her marriage. The National Investigation Agency (NIA) was asked to investigate the circumstances in which Hadiya had married and converted.

The NIA decided to widen its investigations. From a list of 89 such marriages, it investigated 11 cases and in the absence of prosecutable evidence, all such matters resulted in closure. The bottom line is that the Ordinance serves a political purpose. It is yet another way to polarise our polity. The issue is emotive and seeks to divide communities. The constitutionality of such a legislation when challenged should be decided with utmost speed. The court, hopefully, will find such laws to be antithetical to the constitutional ethos and our civilisational values. Any attempt to delay adjudication would only be playing into the hands of those intending to divide and not unite India.

This article first appeared in the newindianexpress on Nov 30, 2020 under the title ‘The perils of an economic oligarchy’. The writer, a senior Congress leader, is a former Union minister.

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