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Analysis

Ruling on gays: Is the BJP out of sync with modern realities?

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Section 377 LGBT

More than the social impact of the Supreme Court’s judgment on gay rights, what will be of concern to the ruling party at the Centre is its political fallout. Hence, the eloquent silence of the Bharatiya Janata Party (BJP) on the subject.

For the BJP and its ideological mentor, the Rashtriya Swayamsevak Sangh (RSS), any expansion of the concept of civil liberties is fraught with danger to their restrictive worldviews since a widening of human rights carries the prospect of greater individualism.

If the rights of the homosexuals to live without legal constraints are conceded, it can only encourage the people to free themselves of other restrictions as well such as on choosing live-in partners (of whatever sex) and eating, dressing and speaking as they please.

It is noteworthy that the verdict on gays has come close on the heels of the judgment which described the right to dissent as a “safety valve” which the government can only shut off at its peril lest there is an explosion.

Moreover, the court had also upheld not long ago the right to privacy which the government described as an “elitist” concept.

For the Hindu Right, as also for other religious fundamentalists, this dalliance with civil rights — the freedom to criticise the government, the exaltation of privacy and now the decriminalisation of homosexuality — entails a push towards liberalism and modernism which are anathema to any group which wants the society to be bound by shackles of orthodoxy and obscurantism.

It is ironic that although the Hindutva brotherhood speaks of decolonising the Indian mind, the two colonial laws which have long been its favourites are the section on homosexuality in the Indian Penal Code and on sedition.

Now that one of them is gone, there is little doubt that these closet followers of Britain’s 19th century politician Lord Macaulay — even as they decry the secular groups as “Macaulay’s children” — will hold on resolutely to the law on sedition as their only safeguard against the “anti-nationals” who, they believe, stalk the land.

It is also possible that the saffronites will keep a hawk’s eye on any social problems that may arise because of the assertion of gay rights. As the BJP MP Subramanian Swamy has said, with eager anticipation, if a five-judge bench can overturn an earlier judgment in favour of criminalising homosexuality, a larger bench can undo the present verdict if gay bars begin to flourish and there is a rise in the cases of HIV (human immunodeficiency virus) infections.

Interestingly, what these judgments underline is how the judiciary is more attuned to the changing world than the elected representatives of the hoi polloi who often argue in favour of giving greater primacy to the legislature than the judiciary since they claim to represent the people while the judges are unelected denizens of an ivory tower.

However, one possible reason why MPs and MLAs, especially of the BJP, seem to be out of sync with the present-day world is the presence in their midst of a large number of criminal elements who can hardly be regarded as the most progressive sections of society.

For instance, of the 543 elected members of the Lok Sabha, of whom 186 have a criminal record, 63 belong to the BJP, followed by eight of the Shiv Sena, four of the Trinamool Congress and three each of the Congress and the AIADMK.

What the Supreme Court judgment appears to have done is to persuade parties like the Congress, which usually hedges its bets lest it should fall on the wrong side of public opinion, to come out in the verdict’s favour, presumably because it senses that this judgment, more than any other, has become a touchstone in the matter of breaking out from the stranglehold of the past.

To distance a party from it, as the BJP is doing, will amount to virtually alienating the entire youth community. Even if a majority among them do not have homosexual instincts — according to official figures, there are 2.5 million gay people in India, but this may be an underestimate since, till now, it was unsafe for them to reveal their sexual orientation — the youths nevertheless see the ruling as an assertion of living life on one’s own terms and not be held hostage by the dictates of a society steeped in conservatism and of political parties which believe that their agenda can only advanced if the country is made forcibly to conform to khap panchayat-style social and cultural norms.

To these youths, being or not being gay is of little consequence. What matters to them is to be able to make up their own minds and not be told by elders to abide by certain rules which are regarded as outdated by the younger generation.

If parties like the BJP and “cultural” organisations like the RSS realise the value and motivation of such mindsets, they will desist from their present attempts to impose a straitjacket of their pseudo-religious identity on the nation.

(Amulya Ganguli is a political analyst. The views expressed are personal. He can be reached at [email protected] )

Analysis

Over 4.5 lakh entries in ‘sexual offenders’ database, NCRB to maintain record

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National Database Sexual Offenders

New Delhi, Sep 20 : In a first, the government on Thursday came out with a National Database on Sexual Offenders (NDSO), containing a list of 4.5 lakh convicts with photos of about 3.5 lakh of them available.

The offenders face charges of rape, gangrape and eve-teasing.

The database, which was rolled out by the Ministry of Home Affairs (MHA) along with Women and Child Development Ministry (WCD) here, will be maintained by the National Crime Records Bureau (NCRB).

The NDSO which is accessible only to law enforcement agencies will assist in effectively tracking and investigating cases of sexual offences and employee verification.

The registry which was approved by the Cabinet in April 2018 makes India the ninth country in the world to set up and maintain a national database of sexual offenders.

According to MHA, the state police have been requested to regularly update the database from 2005 onwards. The database includes name, address, photograph and fingerprint details for each entry. However, the database will not compromise any individual’s privacy.

MHA has already released a grant of Rs. 94.5 crore to states/UTs for establishing cyber forensic-cum-training laboratories to strengthen cybercrime investigation and conduct training programmes to enhance capabilities of police officers, public prosecutors and judicial officers.

According to the WCD ministry, the sex offenders listed in the database will be classified on the basis of criminal history to ascertain if they pose a serious danger to the community.

“It is a matter of great pride and joy as two initiatives that my Ministry (WCD) and I had been pursuing for three years have been executed. The launch of National Registry of Sexual Offenders and Cybercrime Reporting Portal is one more step taken by our government for the safety of our women and children,” Union WCD Minister Maneka Gandhi said.

Another web portal, “Cyber Crime Prevention Against Women and Children (CCPWC)”, an initiative under the Nirbhaya Fund was also launched which will enable complainants in reporting cases without disclosing their identity.

“Government has taken several measures to check crime against Women and Children, including provision of stringent punishment and creation of modern forensics facilities to improve investigation, creation of the Women’s Safety Division in the MHA and launching of Safe City projects for Women’s Safety,” Union MHA minister Rajnath Singh said.

The complaints registered through this portal will be handled by police authorities of respective State/UTs and complainants can also upload the objectionable content and URL to assist in the investigation by the state police.

The NCRB will proactively identify such objectionable content and take up with intermediaries for its removal. For this NCRB has already been notified as the Government of India agency to issue notices under the IT Act.

“A positive aspect of this portal is the provision for anonymous reporting, which will encourage more people to come forward with such complaints. This portal comes as a relief by providing time-bound solutions to a huge number of women and children who are being exploited in cyber space,” Gandhi added.

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Analysis

Saab is interested in Indian fighter jet deal: Swedish official

The Saab Gripen will be contesting with the likes of the Russian MiG 35, Dassault Rafale, Eurofighter Typhoon, Boeing F/A 18 and Lockheed Martin F-16 for the upcoming deal.

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Rafale deal scam

Amid the raging controversy over the Defence Ministry’s procurement of the Rafale fighter aircraft from French firm Dassault Aviation, a senior Swedish official has said that his country’s firm Saab, in its Gripen aircraft, has the requisite experience to contest for the upcoming Indian deal for manufacturing 110 new fighter jets under the Make in India programme.

“I know that Saab is interested, they want to be a part of this procurement,” Teppo Tauriainen, Director General for Trade in the Swedish Foreign Ministry, told IANS in an interview here.

“They think they have something good to offer that will be of interest to India,” Tauriainen said.

“They, of course, know what the expectations of the government is in terms of local production and cooperation with a local partner.”

India is expected to select by the end of this year one fighter aircraft that will be manufactured by the private sector under the Make in India programme for supply to the Indian Air Force.

The Saab Gripen will be contesting with the likes of the Russian MiG 35, Dassault Rafale, Eurofighter Typhoon, Boeing F/A 18 and Lockheed Martin F-16 for the upcoming deal.

While MiG has already said that it will have state-owned Hindustan Aeronautic Limited (HAL) as its local partner, Indian companies like Tata, Reliance Defence, Mahindra and Adani are in the fray for local partners in the project that is expected to be worth over $20 billion (Rs 1.44 lakh crore).

Tauriainen said that for Saab, contesting for the deal will be nothing new as it has signed a similar deal for Gripen with the Brazilian government with Embraer as its local partner.

“I have myself visited the Brazilian partner, Embraer, and seen there are a lot of spin-offs locally in the Brazilian economy from this fighter jet deal,” he said.

“So, I think for Saab, as a company, it won’t be unusual to do it the way the Indian government wants it to happen.”

During his visit to Sweden in April this year, Prime Minister Narendra Modi had said that defence and security have emerged as an important pillar of the India-Sweden bilateral partnership.

“Sweden has been a partner of India in the defence sector for a long time. I am confident new opportunities for cooperation in this sector will arise in the future, especially in defence production,” Modi said.

During that visit, an India-Sweden Partnership was also announced with a fund of 50 million Swedish kronor (around $5.6 million) for innovation cooperation in the fields of smart cities and sustainability.

Asked what steps have been taken in this connection, Tauriainen said that the dialogue for these projects has started though none of these projects have started operating.

“But we have come quite far to identify areas where we think there is a potential to do cooperation,” he said.

He said that sustainable technology is a broad area and is very much related to how cities are built in terms of transport, energy, waste and waste water.

“There we have some interesting experiences and I hope that is of relevance to India,” Tauriainen said.

“Some technologies we have already tested in Sweden. Other technologies will have to be adapted to Indian conditions,” he added.

In Sweden, waste is actually used to generate power and only one per cent of the waste goes to the landfill.

Asked about the presence of around 180 Swedish companies in India and their role in the Indian economy, Tauriainen said these are doing good business despite “some limitations”.

“They wouldn’t mind if those limitations are taken away. But they are interested in the Indian market and most of them are interested in expanding,” he said.

(Aroonim Bhuyan can be contacted at [email protected])

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Analysis

Chicago Congress: Paeans to Hindu unity in shadow of ‘nemesis’ long deceased

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Mohan Bhagwat

At its best, speeches at the recently concluded World Hindu Congress echoed the soaring spiritual ideals evoked by Swami Vivekananda in Chicago 125 years ago.

Even Mohan Bhagwat, Sarsangchanalak of the Rashtriya Swayamsevak Sangh (RSS), focused essentially on the need for unity and patience among Hindus while fighting obstacles, of which, he said, there would be many. The burden of excavating implied accusations in Bhagwat’s speech fell to his critics.

At the plenary session, the moderator requested speakers to address issues of conflict without naming the speakers or their organisations in the interest of harmony. Other speakers sought to unite the followers of all the great religions that took birth in India — Hinduism, Sikhism, Buddhism and Jainism.

Some of the speakers from Bhagwat to Swami Swaroopananda of the Chinmaya Mission, framed the issues before Hinduism in a moral paradigm. Ashwin Adhin, the Vice President of the Republic of Suriname, began his speech in chaste Hindi, later quoting cognitive scientist George Lakoff: “Facts matter immensely. But to be meaningful they have to be framed in terms of their moral importance.”

The dissonances, between the spiritual and the mundane, were to emerge later on the fringes of the seminars which were part of the Congress. Many of the delegates appropriated to themselves the mantle of a culture besieged by proselytising faiths. There were speakers who urged Hindus to have more children to combat their ‘dwindling population’. Posters warned Hindus of the dangers from ‘love jihad’ (Muslim men ‘enticing’ Hindu women).

In one of the sessions on the media, filmmaker Amit Khanna noted that religion had always played a prominent part in Indian cinema, starting with the earliest mythologicals. “Raja Harishchandra”, the first silent film, he said, was made by Dadasaheb Phalke in 1913. He sought to reassure the audience on the future of Hinduism. “Over 80 percent of Indians are Hindus,” he said adding: “Hinduism has survived many upheavals for thousands of years. Hinduism has never been endangered.”

Other speakers, lacking spiritual and academic pedigrees, drew on an arsenal of simulated anguish and simmering indignation.

The nuances of history pass lightly over the ferociously devout and it took little effort to pander to an aggravated sense of historical aggrievement.

At one of the debates, the mere mention of Jawaharlal Nehru, India’s first Prime Minister, elicited sniggers and boos. The speaker hinted at ‘Nehruvian socialism’ which had made the Indian economy a non-starter. He concluded with a coup de grace, to a standing ovation: “Nehru did not like anything Indian.”

The poet Rabindranath Tagore, who composed the Indian national anthem, had spoken of his vision of a country where the “clear stream of reason had not lost its way”. At some of the discussions, even the most indulgent observer would have been hard put to discern the stream of reason.

The image of a once great civilisation suppressed by a century of British rule and repeated plunder by invaders captured the imagination of many in the audience. Hanging above it all, like a disembodied spirit, was the so-called malfeasance of Nehru, the leader who had won the trust of Hindus only to betray them in the vilest manner.

These tortured souls would have been well advised to adopt a more holistic approach to Hinduism, and history, looking no further than Swami Vivekananda, who once said: “The singleness of attachment (Nishtha) to a loved object, without which no genuine love can grow, is very often also the cause of denunciation of everything else.”

Historians have informed us that Nehru preferred his father’s intellect over his mother’s tradition but he was never contemptuous of religion. While he undoubtedly felt that organised religion had its flaws, he opined that it supplied a deeply felt inner need of human nature while also giving a set of values to human life.

In private conversations some delegates spoke of how their America-born children had helped persuade them to drop their pathological aversion to gays and lesbians. Despite their acute wariness of perceived cultural subjugation, the irony was obviously lost on them that Article 377 of the Indian Penal Code, (which criminalises gay sex) recently overturned by the Indian Supreme Court, is a hangover from the Victorian British era-embodied in the Buggery Act of 1533.

In the face of the upcoming elections in the US, Congressman Raja Krishnamoorthi’s decision to speak at the conference was a political risk. With a newly energised political Left, even the perception of being linked with “fascist” or sectarian forces could be political suicide in the critical November elections. Despite vociferous appeals to disassociate himself from the Congress, Krishnamoorthi chose to attend.

“I decided I had to be here because I wanted to reaffirm the highest and only form of Hinduism that I have ever known and been taught — namely one that welcomes all people, embraces all people, and accepts all people, regardless of their faith. I reject all other forms. In short, I reaffirm the teaching of Swami Vivekananda,” Krishnamoorthi said.

Given the almost pervasive abhorrence of anything remotely Nehruvian among a section of the delegates, it was a revelation to hear the opinion of Dattatrey Hosable, the joint general secretary and second-in-command in the RSS hierarchy. Speaking on the promise of a newly-resurgent India, Hosable said in an interview to Mayank Chhaya, a local journalist-author-filmmaker: “A moment comes, which comes but rarely in history, when we step out from the old to the new — when an age ends, and when the soul of a nation, long suppressed, finds utterance.”

The quote is from Nehru’s famous Tryst with Destiny speech delivered to the Indian Constituent Assembly on the midnight of August 14, 1947 — proof, if any is needed, that the force of Nehru’s ideas can transcend one’s disdain of him.

(Ashok Easwaran is an American journalist of Indian origin. The views expressed are personal. He can be contacted at [email protected])

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