India will and should never forget that infamous night of 25/26 June 1975, when, the then Prime Minister Indira Gandhi had a state of emergency declared all over the country. During that dark chapter of the country’s history which lasted for a twenty-one-month period till 21 March 1977, civil liberties were suspended, freedom of speech and expression was totally muzzled, political opponents of the Government and those who protested the emergency were imprisoned and human rights violations by those in power, were the order of the day! The most obvious response for the people of India was to say (in the words of the world’s people, in the aftermath of the horrors of the Nazi regime) “never again!” and to ensure that those dark days would never visit the country, at any time in future. Sadly, the reality today, is worse than the ‘emergency!’
In his path-breaking book, ‘India’s Undeclared Emergency’, Bangalore- based legal luminaire, Arvind Narrain, presents an incisive and accurate analysis of how the Modi- regime has ushered in, through direct and subtle ways, an undeclared emergency! Narrain is clear, through measures which reek of populism, polarisation and post-truth, the Modi-regime is far more dangerous as constitutional propriety, the pro-people policies and the concern for the nation’s future – are blatantly disregarded. It is clearly an authoritarian rule, there are several indicators to evidence it. A short distance from India becoming a totalitarian state. The message is loud and clear: today, is worse than the ‘emergency!’
On 4 February 1948, under the stewardship of Home Minister, Sardar Vallabhai Patel, the Indian Government banned the Rashtriya Swayamsevak Sangh (RSS). Mahatma Gandhi was assassinated by one of them on 30 January. The unequivocal resolution of the Government stated among other things:
“Undesirable and even dangerous activities have been carried on by members of the Sangh. It has been found that in several parts of the country individual members of Rashtriya Swayamsevak Sangh have indulged in acts of violence involving arson, robbery, dacoity, and murder and have collected illicit arms and ammunition. They have been found circulating leaflets exhorting people to resort to terrorist methods, to collect firearms, to create disaffection against the government and suborn the police and the military. These activities have been carried on under a cloak of secrecy…. In these circumstances, it is the bounden duty of the government to take effective measures to curb this reappearance of violence in a virulent form and as a first step to this end, they have decided to declare the Sangh as an unlawful association. Government has no doubt that in taking this measure they have the support of all law–abiding citizens, of all those who have the welfare of the country at heart”.
So, when a few days ago, the Centre lifted a longstanding ban on government employees participating in activities associated with the RSS, they were clearly stating, without qualms of conscience, that today, is worse than the ‘emergency!’
In a hard-hitting expose ‘Democracy can die in daylight too’ (The Hindu, 13 June 2019), Krishna Prasad, a former Editor-in-Chief, Outlook, and former member of the Press Council of India writes:
“When the media’s darkest days -- the censorship under Indira Gandhi’s 21 months of Emergency -- are invoked, L.K. Advani’s quote that ‘the press crawled when asked to bend’ is airily recalled. But at least the media of the time was adhering to a formal order which had a start date and an end date. In the 21st century, it didn’t take a presidential order for the ‘feral beasts’ to suspend their instincts, to look the other way, to stoke majoritarian fires, to fearlessly question not the ruling party but the Opposition, and usher in Modi 2.0”.
That was said five years ago. India’s ranking in the World Press Freedom Index 2024 is a pathetic 159 out of 180 countries.
On 18 July, ‘The Editors Guild of India’ (EGI) wrote a letter to Rahul Gandhi, Leader of the Opposition (LOP) in Parliament. The meticulously written letter cites several “concerns about legislative measures taken to control media over the past years”. The EGI urged the opposition to raise questions in Parliament, highlighting the “increasing the increasing threat to fundamental freedom” and mentioned four legislations with their limitations: Digital Personal Data Protection Act 2023; Broadcasting Services Regulation Bill 2023; Press and Registration of Periodicals Act 2023; and amended IT Rules 2021. Freedom of speech and expression is being throttled in India as never before Indeed, today is worse than the ‘emergency!’
In India during the Hindu month of ‘Shravan’, a large number of Hindu devotees travel from various places with ‘kanwars’ (two pitchers tied on either end of a bamboo pole), carrying holy water from the River Ganges to perform ‘jalabhishek’ of Shivlings. Recently, the Governments of Uttar Pradesh and Uttarakhand brought out an extremely pernicious order, demanding that all eateries where the pilgrims would journey to compulsorily display the names of their owners. Such orders are blatantly unconstitutional, reminding one of the discriminatory policies of Hitler’s Nazi regime and the apartheid of South Africa. Thanks to enlightened citizens like Aakar Patel, Apoorvanand Jha and others, these directives were challenged in the Supreme Court.
On 22 July, in an interim order, the judges of the Supreme Court prohibited the enforcement of the Uttar Pradesh and Uttarakhand directives stating “until the returnable date, having regard to the above discussion, we deem it appropriate to pass an interim order, prohibiting the enforcement of the above directives. In other words, the food sellers maybe required to display the kind of food, they are serving to the Kanwariyas, but must not be forced to disclose the names/identities of the owners or the employees. A powerful statement indicating that, today is worse than the ‘emergency!
On 17 July, the National Alliance of People's Movements (NAPM) in a detailed statement (with irrefutable facts and figures) strongly condemned the spree of mob lynchings of minorities across the country, after the declaration of Lok Sabha election results on 4 June. The NAPM demanded a fair investigation, stringent and prompt action against the perpetrators in all these cases, as well as complete support, safety, and compensation to the aggrieved families.
They also called for the withdrawal of the FIR filed against UP- based journalists for merely reporting cases of mob lynchings. They added that, while the BJP Government has received a weakened mandate in the elections, the social poison of communal hated continues to remain a major challenge, which the NAPM and many others, are convince needs to be unitedly resisted. The mob lynchings of minorities only prove that, today is worse than the ‘emergency!’
Ever since the Modi-regime, assumed power in 2014, there has been incessant attacks on the minorities of India particularly on the Muslims, Christians and Sikhs. Those belonging to minority communities are attacked and their institutions destroyed. Hate speeches denigrating and demonising minorities are the rule of the day even during the election campaign speeches of Modi! The anti-conversion laws in several BJP-ruled states are draconian and unconstitutional.
Some governments have policies which are blatantly anti- minority. Minorities are also denied employment opportunities in the Government. According to a recent report released by an advocacy group, there are at least two attacks per day on Christians and their institutions. On 26 June, releasing its annual ‘International Freedom of Religion Report 2023’, in Washington, U.S. Secretary of State Blinken stated, “In India, we see a concerning increase in anti-conversion laws, hate speech, demolitions of homes and places of worship of members of minority faith communities”. All this demonstrates that, today, is worse than the ‘emergency!’
For more than a year now, since 3 May 2023, tribals (who are mainly Christian) in the State of Manipur have been at the receiving end of a vicious Government! Even today, more than thirteen months later the violence continues unabated: many are killed and many more are injured; thousands (particularly the Kuki-Zo people) are living as refugees elsewhere. Their houses and places of worship are destroyed. Their land has been taken away from them! That the State and Central Governments are responsible for the ongoing violence in Manipur, leaves no one in doubt. That they have shown not an iota of political will to quell the violence and restore law and order in Manipur is a clear proof that, today, is worse than the ‘emergency!’
Whilst India boasts of producing some of the richest persons in the world, the fact is that vast sections of the society still do not have access to roti- kapda- makaan (food-clothing-shelter) and the other basic amenities of life; many still below the poverty line. The gap between the rich and the poor grows wider every day! It is not surprising that in the Global Hunger Index 2023, India was placed at an abysmal 111 out of 125 countries surveyed! The Adivasis/Tribals (indigenous people), who constitute a sizable section of India’s population are denied their jal- jungle- jameen (water-forests-land) and other legitimate rights. Thousands of them are displaced because of mega- projects.
According to a recent report released by an advocacy group, there are at least two attacks per day on Christians and their institutions
Primary education in the remote tribal villages is non - existent and so is medicare for them; a large percentage of tribals have to migrate to urban areas / other States in search of employment. Besides them, most migrant workers, continue to be excluded and exploited! The plight of the Dalits, the OBCs leave much to be desired; untouchability is practiced everywhere; manual scavenging still exists; the reality of the safai kamdars (those who clean the sewage tanks) is pathetic. These and other vulnerable sections of society are testimony to the fact that today, is worse than the ‘emergency!’
Just before his arrest on 8 October 2020, in a video-message that went viral, Jesuit Fr. Stan Swamy said, “What is happening to me is not something unique happening to me alone. It is a broader process that is taking place all over the country. We are all aware how prominent intellectuals, lawyers’ writers, poets, activists, students, leaders, they are all put into jail because they have expressed their dissent or raised questions about the ruling powers of India. We are part of the process. In a way I am happy to be part of this process. I am not a silent spectator, but part of the game, and ready to pay the price whatever be it.” Fr Stan was incarcerated in the Taloja jail. He was accused as being a part of the Bhima- Koregaon conspiracy case with about fifteen others. A charge he vehemently denied and there is enough of evidence today to prove that he is innocent! His death on 5 July 2021, whilst still incarcerated is regarded as ‘institutional murder’! Human rights defenders, journalists, activists, academics, NGOs and others who take a stand for justice and have the courage speak truth to power have had to pay a heavy price. There are many from civil society who have had to face the wrath of a regime which is vicious and vindictive. These include besides those in the Bhima -Koregaon case the likes of Teesta Setalvad, Sanjiv Bhatt, R.B. Sreekumar, G. N. Saibaba, Umar Khalid, Medha Patkar, Arundhati Roy, Sheikh Showkat Hussain and several others. This regime brooks neither dissent nor criticism proving that today, is worse than the ‘emergency!’
There are the whole range of anti-people, draconian laws/ policies which have been hurriedly pushed through. These include the new Criminal Laws, the Citizenship Amendment Act, the National Education Policy, the anti - conversion laws, the anti-farmer (pro-Corporate) farm laws, the four labour codes, the Forest Conservation Amendment Act, the Uniform Civil Code passed by the State of Uttarakhand, the ‘One Nation, One Election’ report. All these have been designed, in tone and letter to decimate the Constitution; to take away the rights of the people. There is no doubt about that today, is worse than the ‘emergency!’
The Environment is in a shambles! In the 2024 Environmental Performance Index, India was ranked last 176 out of 180 countries! The destruction of precious forest lands and bio-diversity, to cater to so-called ‘development’ projects contribute immensely to the climatic changes one experiences today. The 2023 Forest (Conservation) Amendment Act provides that the de-reservation of reserved forests, use of forest land for non-forest purpose, assigning forest land by way of lease or otherwise to private entity, precious water bodies in the urban areas are land-filled, causing floods. Most major rivers in the country are polluted; there is over-dependence on fossil fuel. Even today coal blocks are auctioned to crony capitalist friends of the Government. Sections of the corporate sector and particularly the mining mafia–have no qualms of conscience, in depleting precious natural resources, with the sole desire of profiteering. Today, is worse than the ‘emergency!’
Corruption is mainstreamed in the country; practically nothing can be done without greasing the palms of those at the control wheels. Politicians from opposition parties are easily bought up. The ruling regime has made mindboggling amounts of money through demonetisation and the sale of electoral bonds (EB). Corruption has become new normal in India. The massive and unprecedented scam of the Electoral Bonds) rocked the nation a short while ago! Fortunately, the pathbreaking judgement on the EB by the Supreme Court on 15 February, has exposed the corruption, the lack of transparency and accountability of the current regime. Through the EB they have amassed huge amounts of money. The State Bank of India (SBI) had to furnish the complete details to the Apex Court by 6 March. In a blatantly corrupt manner, on 4 March, the SBI petitioned the SC, for an extension of time till 30 June to provide these details! In accordance with law, the Apex Court dismissed the petition and the SBI had to comply with the order or face charges of contempt of court. They finally provided the data on 12 March. On 14 March, the Election Commission uploaded some of the details on their website. The SC once again came heavily down on the SBI on 15 March, for not revealing complete details of these bonds. Transparency International ranked India 93 out of 180 countries in the Corruption Perception Index (CPI). The BJP regime under Modi must be the most corrupt amongst the world democracies reiterating the fact that today, is worse than the ‘emergency!’
This regime has compromised and corrupted constitutional and independent authorities like the Election Commission (ECI), the Enforcement Directorate (ED), the Central Bureau of Investigation (CBI), the National Investigation Agency (NIA), the National Human Rights Commission, the police and even sections of the judiciary. A new incisive report just released by #votefordemocracy (VFD) analyses the vote manipulation and the misconduct during voting and counting in the recently concluded General Elections 2024. With evidence, the Report shows that the ECI was in the pocket of the BJP. The elections were clearly stolen from the people of India in at least 75 seats, reaffirming that, today, is worse than the ‘emergency!’
In Parliament, the opposition is not allowed to speak freely: they are shouted down or the mike is muted. The body language of particularly the Speaker of the Lok Sabha towards the opposition is one of hostility, important remarks are expunged whereas the treasury benches are allowed to get away with lies, half-truths and venom! Important and critical debates on pressing issues which impact the people of India are not allowed! If elected representatives of the people are not allowed to make the peoples voices heard in Parliament means that today, is worse than the ‘emergency!’
The joke is that, a few days ago the Home Minister speaking on behalf of the Government, declared June 25 will be observed every year as 'Samvidhaan Hatya Diwas', which loosely translates to 'the day the Constitution was killed'. Pathetic indeed! If the Constitution was ‘killed’ almost fifty years ago what was the BJP doing all these years, in their first term in power and since 2014, when the Modi took charge? That means they were running the country without a constitution? They have indeed reached such a low level of fascism that they are unable even to think rationally and objectively! Instead, they need to realise that today, is worse than the ‘emergency’ and it will continue to be so, till the day they and their ilk, like the evil Holika, are consigned to oblivion!
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*Human rights, reconciliation and peace activist /writer
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