McCarthyism in India? The Return of The Urban Naxal Bogey!

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‘India Will Awake to Police Raj’!

““I am reminded of Pandit Nehru ‘s speech “ At the stroke of midnight India will awake to freedom” . At the stroke of midnight night 1st July 2024 India will awake to police raj,” (1)

There are rare occasions when a simple tweet underlines the unfolding reality in stark terms.

Noted lawyer and human rights activist Indira Jaising’s tweet a fortnight back created similar ripples. Her concern was over the three new criminal laws coming into operation the next morning.

And she was not alone, other leading lawyers and human rights activists seemed equally concerned about it(-do)

Widespread concerns had already been shared about these laws which  enable ‘[b]road criminalization of  legitimate, non-violent dissent and opposition against the Governments’…’put in the hands of the Government of the day unguided, arbitrary and virtually unlimited power to selectively arrest,  detain, prosecute  and convict practically anyone they choose, including by branding them as terrorists and  as anti-national.’ (2)

The ‘police raj’ metaphor was an indication that the powers that be only understand the lanugage of force and neither believe in dialogue nor are ready to communication with anyone – barring a select coterie of their friends.

But perhaps nobody had a faint idea that more was in the offing.

Post elections, Eknath Shinde, Chief Minister of Maharashtra in one of speeches had talked of Urban Naxals ‘penetrating NGOs and help creating ‘..false narratives against the government’  (17)  A speech made during a rally for BJP Konkan Graduates Constituency in the MLC polls was considered out of tune with the ambiance.

Little anyone had premonition that within a month of this speech the government will come out with a bill supposedly to curb the ‘menace’ of Urban Naxalism. (3)

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What is the ‘Maharashtra Special Public Security Act 2024’ ?

Named the ‘Maharashtra Special Public Security Act 2024’, the bill is aimed at “curbing the menace of Naxalism and its sympathisers in urban areas.” and has ” provision of punishment for seven years and a Rs 7 lakh fine if someone commits or abets or attempts to commit or plans to commit any unlawful activity through such an unlawful organisation.”; it also mandates ” three years’ imprisonment and the imposition of a Rs 3 lakh fine, if a member of any unlawful organisation takes part in the meetings or activities or manages or assists in the management or promotes meetings or contributes to the purpose of unlawful organisations.”

It also grants the state the authority to declare an organisation as “unlawful” — a decision which can be reviewed by an advisory board set up by the state government. Chhattisgarh, Telangana, Andhra Pradesh and Odisha have already enacted Public Security Acts for the effective prevention of unlawful activities.

What is shocking that “all the offences under this act shall be cognizable and non-bailable”” and even if “any individual who is not part of the unlawful organisation contributes or receives or solicits for the organisation, they will be punished with two years’ imprisonment and fined Rs 2 lakh.”

Looking at the vague provisions of the bill  it is susceptible to misuse and a threat to free speech. As per journalists ‘even the provisions could be invoked against journalists reporting on natural disasters, a health epidemic  or even the collapse of a bridge.’  (4)

One can see this as an echo of the past when there were reports about Maharashtra officials thinking of promulgation of such strict law to curb them  (5)

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Why Human Rights Defenders are Concerned ?

Leading Human rights lawyer Colin Gonsalves wrote an article in leading national daily (6) explaining the vague provisions in the bill which can enable his ”[r]ight to freedom of speech and expression be crushed by this Bill.” He further adds ,”

“The Bill is crudely drafted to crush freedom of speech and expression. It is meant to make impossible vigorous non-violent struggle against oppression. All the provisions of the Bill are already contained in the Unlawful Activities Prevention Act, the National Security Act and the Public Safety Acts. Why, then, is it necessary? The answer is because the state requires a statute that has nothing to do with terrorism but will strike terror in the hearts of human rights activists and cripple their work.”

In the end he also exposes the term ‘urban naxal’ which is being increasingly used. “

“Not a single judge in the country has ever called an accused an “urban Naxal”. Finding Leftist literature in a house was held to be not incriminating by the Supreme Court in Vernon’s case. Yet it finds mention in the Bill. Mere participation is not criminal, said the Supreme Court in Shoma Sen’s case. Yet even innocent participation will invite a three-year jail term.” (-do-)

Perhaps Maharashtra government’s decision to table a bill to ‘curb naxalism’ so expeditiously tunes in with what was being said in the election speeches or interviews of PM Modi, or his associates, e.g. who had termed the very idea of Congress to survey the state of India’s wealth distribution, or its pitch for caste census

“[a]s an example of an “urban Naxal” and ‘Maoist” mindset.” (7)

Amit Shah – Modi’s closest confidante – has also resonated similar concerns (8)

Not much attention has been paid to the fact that neither the term has been used by the Judiciary nor does it exists in the vocabulary of the Ministry of Home Affairs.

In fact, Kiran Reddy of the BJP – the then home minister for state – a junior of home minister Amit Shah had categorically stated on the floor of the august house that this term ‘Urban Naxal’ does not exist in the vocabulary of the government.(9)

Does it mean that this debate around the word Urban Naxal is meaningless – which could be construed as a formal response for public consumption and it does not stops the government or its cheerleaders to stigmatise voices who have refused to be silenced against the depradations of forces which rule the country.

Does the ruling dispensation feels that since naxals are seen as violent gangs who claim to work for people this bogey of Urban Naxal facilitates it to target anyone who refuses to play ball. 

It is an interesting coincidence that home ministry’s formal acceptance that the word Urban Naxal does not exists in its vocabulary, sounds similar with the way it responded that it does not have any information on the ‘tukde tukde gang’ – a term which essentially implies the dismembering of India, an attack on its territorial integrity. has been similarly widely used since last 8-9 years to terrorise, criminalise critical voices.

It is now part of history how everybody on the right  had joined the chorus to castigate this ‘omnipresent’ ‘tukde tukde gang’ (10) Prime Minister Modi himself seemed to allude to the term during a pre-election rally in May 2019, when he said, “Desh ko tukde-tukde karne wale ke sath Congress khadi hai…”

When the home ministry was asked via  RTI application about ‘banning this gang’ under Unlawful Activities Prevention Act (UAPA) and who its members are and the ministry admitted that it has no information on any such gang. (11)

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Unfolding Agenda?

What explains the continued usage of these terms?

For the Hindutva Supremacists – who wants to usher India into a Hindu Rashtra and ensure that their vision of majoritarian nationalism should continue their dominance for decades to come, it is important to silence, subjugate or crush all the ‘others’ . Remember, Madhav Sadashiv Golwalkar, the second Supremo of RSS – their ideological fountainhead had made it absolutely clear how it considers all these others – Muslims, Christians and Communists a Internal Enemies and how it wants to deal with them.

Looking at the fact that both these terms have wider purchase even among articulate sections of society they feel that they may not exist in official jargons or statues but can still be pushed as part of their political-ideological weapon.

In fact, ten years at the helm of affairs of this biggest democracy in the world has demonstrated to them that the broad masses of the people do not feel perturbed if the government is seen going against ‘anti nationals’, ‘naxals’ or people engaged in ‘sedition’, ‘waging war against the state’, ‘overthrowing democracy’ etc. The ruling dispensation knows very well that armed with draconian provisions of various anti terror laws, where trials cannot even start for years and obtaining bail itself is next to impossible, such people – who are ready to disagree and dissent – can be kept languishing in jail for years together.

Any concerned citizen can look dispassionately at the Bhima Koregaon Case ( 12) or the way the accused in the NE Delhi riots have been languishing in jail – and are not even getting bail – and infer where things have reached.

In fact, Sushant Singh brings out a much neglected aspect in the Bhima Koregaon Case’ in his recent writeup

“The Bhima-Koregaon case, in which 16 intellectuals and activists were charged under harsh anti-terror laws, was based on the loud narrative created by media outlets for months around a supposed letter that indicated a plot to assassinate Modi. Surprisingly, that letter has never featured in any of the police charges filed in the case so far. “(13)

The ruling dispensation’s behaviour can be better understood if one can take a fresh look at how national security adviser, Ajit Doval, shared his vision of ‘future frontiers of war’ to the newly-recruited IPS officers in Hyderabad:

“Quintessence of democracy does not lie in the ballot box. It lies in the laws which are made by the people who are elected through these ballot boxes. You are the ones who are the enforcers of the law… Laws are only as good as they are executed and implemented and the service that people can get out of it.”

“People are most important. The new frontiers of war — what we call the fourth-generation warfare — is the civil society. War itself has ceased to become an effective instrument for achieving your political or military objectives. They are too expensive and unaffordable.”

Perhaps it is now easy to comprehend how the regime  treats truthseekers , (14) or how it has suddenly deemed it necessary to give sanction to prosecute Arundhati Roy and a Kashmir based academic for a speech they made 14 years back ( 15)

Or why this bogey of Urban Naxals is being rediscovered and refurbished.

It very well understands that people in search of jobs, better and peaceful life – devoid of hate and ill feelings towards others – and peeved over the government’s incresing dalliance with big crony capitalists will rise up again in  peaceful manner taking inspiration from our Constitution itself which once promised them  life of dignity, equality and justice.

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In Lieu of Conclusion :

McCarthyism In India !

The talk of ‘Urban Naxalism’ in the ‘Mother of Democracy’ reminds one an equally controversial era in the Strongest Democracy of the World – USA.

It was the year 1950 when Republican Senator McCarthy made a speech which talked about US being engaged in a “battle between Communistic atheism and Christianity”. He also claimed that he has a list of communists – the number kept changing – who were working in the State Department.

It is now history how these allegations triggered investigations into ‘communist subversion’, which proved to be a witch hunt against writers, cultural activists, film makers and other thinking people, culminating in people loosing their jobs, destruction of careers and some facing imprisonment.

After mid 50s McCarthy, lost his public popularity as many of his accusations proved false. He died a disgraced man few years later (1957)

McCarthy is long dead, McCarthyism also known as second “Red Square” is also buried in annals of history but the penchant of rulers everywhere to ‘discover’ similar ‘bogeys’ to silence critical, independent voices ready to speak truth to power continues unabated.

Perhaps the way Colin Gonsalves, who is a senior advocate of the Supreme Court and a founder-director of Human Rights Law Network’  concludes his article can be seen as a wake up call.

“[B]ecause the judiciary has let us down again and again, the government has become so bold as to draft a law to trap within its web all those who struggle without guns or bombs for a better India for their children.” (16)

Time all peace, justice loving people see the writing on the wall and get ready for another round of sacrifices for a long, arduous and peaceful struggle to  strengthen India as a Secular, Socialist,  Sovereign and Democratic Republic which has space for everyone

Subhash Gatade is a left  activist associated with New Socialist Initiative

Notes

1  https://www.telegraphindia.com/india/india-will-awake-to-police-raj-supreme-court-lawyer-indira-jaising-says-as-new-criminal-laws-kick-in/cid/2030713

2https://thewire.in/rights/defer-implementation-of-new-criminal-laws-former-civil-servants-to-centre

3. https://www.freepressjournal.in/mumbai/maharashtra-govt-tables-bill-aimed-at-curbing-urban-naxalism-in-maharashtra-assembly?utm_source=substack&utm_medium=email

4. india cable, 12/07/24

5. https://www.hindustantimes.com/cities/mumbai-news/shinde-officials-discuss-new-law-to-tackle-urban-naxals-101702926387122.html

6.  https://indianexpress.com/article/opinion/columns/maharashtra-urban-naxal-law-colin-gonsalves-9449360/; https://youtu.be/vji0e5zMrTw?si=u23IGGyPaxZqmPdS

7. https://www.moneycontrol.com/elections/lok-sabha-election/pm-modi-says-growth-trumps-handouts-criticises-urban-naxal-mindset-article-12711109.html ; https://www.moneycontrol.com/elections/lok-sabha-election/pm-modi-says-congress-pitch-for-caste-census-is-an-urban-naxal-thought-article-12709885.html

8 . https://www.deccanherald.com/elections/india/lok-sabha-elections-2024-aap-urban-naxal-party-win-for-candidate-backed-by-it-will-bring-maoist-menace-says-amit-shah-3007839

9. https://thewire.in/politics/urban-naxal-ministry-home-affairs

10. https://www.theweek.in/news/india/2019/12/26/Time-to-teach-Delhi-tukde-tukde-gang-a-lesson-Amit-Shah.html

11. https://www.theweek.in/news/india/2020/01/20/there-is-no-tukde-tukde-gang-admits-home-ministry-contradicts-modi-amit-shah.html?fbclid=IwAR2hpZGv11i3NLPviUDYkV3dxFiPVSN8y2Fobss7lZ8SWASyielcsIN3X1U#!%23google_vignette

12. For a detailed treatment of the issue , look at ‘’The Incarcerations : BK 16 and the Search for Democracy In India’ Alpa Shah, William Collinsm 2024

13. : https://caravanmagazine.in/politics/footwear-modi-convoy?utm_source=substack&utm_medium=email

14.  https://www.thehindu.com/data/india-press-freedom-has-rapidly-declined-in-recent-years-data/article68160411.ece ; https://cpj.org/2024/06/french-journalist-sebastien-farcis-leaves-india-after-journalism-permit-revoked/ ; https://thewire.in/media/the-caravan-says-4-years-later-its-journalists-told-by-delhi-police-that-there-is-an-fir-against-them

15. https://lokmarg.com/you-cant-jail-an-idea/

16. https://indianexpress.com/article/opinion/columns/maharashtra-urban-naxal-law-colin-gonsalves-9449360/;