Nitish Kumar, Indian Politics' Most Fickle Matter, Appears Headed Modi's Way; ICJ Puts Israel on Genocide Watch, Setback for Tel Aviv and Allies
If Modi won’t go to Manipur, Manipur must go to him, defiling history, justice, secularism for 1480 square yards
A newsletter from The Wire | Founded by MK Venu, Seema Chishti, Siddharth Varadarajan, Sushant Singh, Sidharth Bhatia, Pratik Kanjilal and Tanweer Alam | Contributing writer: Kalrav Joshi, with additional inputs by Anirudh SK
Snapshot of the day
January 26, 2024
Siddharth Varadarajan
The Indian judge at the International Court of Justice has gone with the majority in ordering Israel to abide by the Genocide Convention in its ongoing war against Palestine in Gaza by ensuring the prevention of the crime and prosecuting all acts of genocidal incitement. The landmark ruling on provisional measures – pronounced today – fell short of ordering a ceasefire in Gaza as South Africa had sought but has succeeded in legally and morally tarring the State of Israel with the taint of genocide. That taint will put further pressure on Tel Aviv’s allies and likely be amplified when the hearings continue on the merits of South Africa’s genocide charge against Israel. Bhandari has issued a separate declaration in which he has sought to emphasise the preliminary nature of the order and the fact that a final view on genocidal intent has yet to be taken. The sole dissent from among the ICJ’s 15 permanent judges was by Judge Sebutinde of Uganda, who said South Africa had failed to make a case of genocide against Israel. In the court’s order, the chilling statements issued by Israel’s President and Defence Minister figured prominently.
The mystery surrounding the possible next moves of Bihar chief minister Nitish Kumar continues amidst speculation in the media of his possible return to Narendra Modi’s embrace. Yesterday, some news platforms treated it as a done deal. Whatever is being said by leaders on the record is only adding to the uncertainty over the Janata Dal (United)’s future intentions. Bihar’s JD(U) chief Umesh Singh Kushwaha has said that the JD(U) is “firmly with INDIA”, but that the Congress must “introspect”over seat shares and the alliance. Manoj Jha, RJD MP has asked Nitish Kumar to clear the air on the ‘confusion’ by the evening. The ‘At Home’ reception held by the Bihar Governor for Republic Day saw Nitish Kumar exchange pleasantries with the governor and the leader of the opposition, with the BJP having adopted a remarkably benign tone about Kumar for the past 24 hours. Deputy Speaker Tejashwi Yadav appears to have kept his distance.
The Bihar Mahagathbandhan has 114 seats (of the total 243) which it won in 2020, when JD(U) was with the BJP. Of these, the JD(U) has 45 seats. Lalu’s RJD is the single-largest party in the Bihar Assembly with 79 while the Congress and the Left have 35 between them. There is speculation is that Kumar may seek to dissolve the Assembly or try and remain CM with the support of the BJP (which has 78 seats). The RJD has moved to try and get 8 more MLAs, after which it will have a majority. But as the Speaker of the Bihar Assembly is from the RJD, If Kumar indeed goes for broke, he would prefer to dissolve the House.
Tension has been brewing in the INDIA camp over Nitish Kumar ever since the Congress and Trinamool Congress expressed their reluctance over Kumar being named convenor of the coalition. This dissonance came to the fore, very visibly at the online meeting recently when Mallikarjun Kharge was appointed chairperson of the alliance. Then, on Karpoori Thakur’s centenary, when Nitish Kumar praised him the socialist icon for not encouraging dynasties, Rohini Acharya – the Singapore-based daughter of Lalu and Rabri Yadav – took a swipe three times on social media at “those” who rail against dynasty but are flawed themself. That is said to have precipitated the freeze between the RJD and Nitish Kumar, though Rohini deleted her posts. NDTV calculates that if Nitish switches, “this would be the fifth change in camp. Since 2013, he has been swinging between the NDA and the Mahagathbandhan, all the while keeping his job in the state.” Read also what his biographer had written about Nitish’s “promiscuous pursuit of power” in 2017. Lalu Prasad Yadav is reportedly giving him a call to check on if it is really curtains.
Regarded as one of the sharpest and most well-regarded political podcasts in the world and downloaded by millions, The Rest is Politics by Alistair Campbell and Rory Stewart began its latest episode – out yesterday – with a stinging appraisal of the recent events in Ayodhya at the inauguration of the Ram temple “built at the site of a demolished mosque.” Stewart began with the finances, noting the “huge amounts of money, some of it coming from Narendra Modi’s government” involved, adding that “with Bollywood, business people there, [it was seen] as a very, very aggressive attack on Muslim identity and Muslim community in India”.
Campbell was once Tony Blair’s media manager and had been approached by the BJP to write a biography of Modi in 2014, an offer he refused. He said he watched the media coverage and temple, both of which were “enormous”, recalling “1992, when the Babri mosque was razed,” and “riots where more than 2000 people were killed, then a decade later, violence ensued in Gujarat, where Modi was chief minister and seen as “very, very biased and unfair to the Muslim community”. Campbell expressed alarm at India, a “supposedly secular country, where state and religion are supposed to be separate, but that was a very powerful event that I have seen for a very long time.” Modi was “signalling, I am your man, I am for the Hindus”, said Campbell.
Stewart went further back, on how India resisted being like Pakistan in 1947, when the sub-continent was carved up. “Hindu nationalists tried to stir up Hindu-Muslim violence” in India despite Nehru and his government firmly establishing India as a secular state, in 2002. And here’s the show-stopper: Stewart said the “Gujarat riots, made Muslims feel very insecure, the images that came out from that, are very reminiscent of images that came out on October 7 of Gaza, and had the same impact on the Muslim community or many members of the Muslim community that attacks on October 7 had on the Israeli jews, led to a very strong sense that Islamophobia in India was now state-backed and Modi famously when asked whether he regretted, when he was chief minister, said his only regret was that he had not managed the media better.” You can hear it here, starting at 01:19.
A for Ayodhya and now V is for Varanasi. The Arcaheological Survey of India's Survey Report, at least the bits unveiled by the ‘Hindu side’ or petitioners for the Shringar Gauri in their affidavit, says a large Hindu temple existed under the Gyanvapi Mosque. Omar Rashid writes that “while the full 839-page report is not yet accessible, some operative parts of the ASI report said that parts of a temple were used in the construction of the Islamic place of worship.” The western wall of the existing structure, the mosque, was the “remaining part of a pre-existing Hindu temple”, the ASI said. “This wall, made of stones and decorated with horizontal mouldings, is formed by remaining parts of western chamber, western projections of the central chamber and western walls of the two chambers on its north and south. The ASI also claimed that the pillars and pilasters used in the existing mosque were “reused with little modifications” for the enlargement of the mosque and constructing the sahan (courtyard). The Muslim side has refused to accept the claims of the partially-revealed ASI report, as per Prabhat Khabar, which cites advocate Akhlaq Ahmad.
You might very well ask why the ASI was even tasked with this project when a 1991 law explicitly states that there can be no change in the character of any place of worship in India from what it was on August 15, 1947. For that we must turn to satire:
The BJP-led Union government’s move to rename the health centres as “Ayushman Arogya Mandirs” has stirred a fierce controversy in Ladakh, with the Union Territory’s two main religious bodies, the Ladakh Buddhist Association (LBA) and Islamia School-Kargil, objecting to the move and calling it as “unfortunate and tantamount to playing with the sentiments of the people of Ladakh”. Chering Dorjey, acting President of the LBA, says: “India is a secular country and using religious names and symbols in the government departments is unconstitutional and unacceptable.” Speaking to The Wire, Dorjay, who was also a minister in the People’s Democratic Party-BJP government in the erstwhile state of J&K, said that this decision is not acceptable. “It is a conspiracy against us. What is the fun of naming hospitals as mandirs? It is one of the steps towards making India a Hindu rashtra,” he alleged.
Republic Day was celebrated in Delhi today with the usual parade. If Modi won’t go to Manipur, Manipur must go to him.
“Kuki-Zo organisations have long accused the Arambai Tenggol of carrying out attacks on their community during the ethnic strife that began in the state on May 3 and is still continuing”, reports The Telegraph, citing the recent oath-taking ceremony attended by Meitei MLAs as the “demise and subsequent burial of democracy in the heart of Imphal city,” adding tension to the already troubled situation in strife-torn Manipur. The Committee on Tribal Unity, a leading Kuki-Zo organisation, on Wednesday questioned the “rationality” of the three-member home ministry team meeting “the majoritarian Meitei community”, including the Arambai Tenggol, on Tuesday. It said the “restoration of normalcy” could be achieved only if the Centre “first ban(s) the Arambai Tenggols” and other “illegal” armed outfits, imposes the Armed Forces (Special Powers) Act on the 19 valley police stations currently exempted from its ambit, and ultimately “recognise the physical and geographical separation between the Kuki-Zo and the Meiteis”. Meanwhile, three Manipur MLAs were reportedly “beaten” and “compelled” to take the oath. Arunabh Saikia writes of how the state has “surrendered to an armed Meitei militia with ‘Taliban-like’ grip”.
Approximately 750 million Indians’ personal information, including Aadhaar details and mobile numbers, is reportedly being offered for sale online, according to a report from CloudSek, a digital threat analysis company. The firm's digital risk protection platform identified a post by a threat actor named CyboDevil on an underground forum, advertising the sale of a comprehensive mobile network consumer database. Another threat actor, UNIT8200, allegedly made a similar post on Telegram. The database is said to contain mobile users’ names, phone numbers, residential addresses, Aadhaar details, and the names of their family members. A lot for Digital India, indeed.
Mid-Day reported this morning from Mumbai that the local police “have learnt that the second clash that occurred at Mira Road, on January 22, was premeditated and that the attackers had carried stones on their two-wheelers and in bags. Most of the attackers had allegedly attended a political leader’s rally.” The newspaper reports a police source as saying, “We found out that the first clash occurred due to road rage. While a procession was taking place, a biker carrying a saffron flag and chanting Jai Shree Ram brushed against a woman who was crossing the road. A crowd then gathered. When another biker made a loud sound with his motorcycle, word started spreading that a gun had been fired, leading to a confrontation.” (Watch this for a quick reckoner of what happened at Mira Road.)
Rajasthan’s new government has put on hold its predecessor’s Indira Gandhi Smartphone scheme, saying it would like to “[examine] its benefits for women and whether it is in [the] public interest”. Beneficiaries of the scheme included girl schoolchildren, some women pensioners and women who completed set days of MGNREGA work.
The Supreme Court forbade the Uttar Pradesh government from initiating any coercive measures against Mahmood Madani, the President of Jamiat Ulama-e-Hind Halal Trust and former Rajya Sabha MP. The case is related to the prohibition of manufacturing, selling, storing, and distributing halal-certified products. Advocating for the Trust before a Bench led by Justice B.R. Gavai, attorney M.R. Shamshad mentioned that the state authorities have demanded the personal appearance of the trust's president. The notification had said halal certification mentioned on certain food products and other items like soap, oil, facial creams, toothpastes, etc., created a sense of confusion regarding their quality. It said such “parallel” mode of certification was inconsistent with the 2006 Act, and should be only by the competent authority under the law. “However, there is no such certifying authority… It is therefore only apparent that the restriction imposed by the notification is only an attack on the followers of Islam , which provides certain criterions of products that is permitted to be used by its followers,” Halal India, represented by advocate Ejaz Maqbool, had argued.
Bangladesh’s special branch in Dhaka has launched an investigation into historical adoption practices following a Guardian expose on adoptions to the Netherlands between 1976 and 1979. This marks the first official inquiry into allegations that children were wrongfully adopted abroad nearly 50 years ago. A little bit of context: After the 1971 liberation war in Bangladesh, a surge in international adoption emerged due to the birth of numerous babies to rape survivors. Emergency legislation was enacted, permitting foreigners to adopt these “war babies” left in orphanages. However, allegations arose in 1976 and 1977, as mothers from Dhaka's Tongi area claimed they were deceived into placing their children in local children's homes, leading to adoptions in the Netherlands without their consent.
Fact-checker and journalist Mohammed Zubair is the recipient of the 2024 Kottai Ameer Communal Harmony Award given by the Tamil Nadu government. The citation notes that Zubair has been “rendering various services to promote communal harmony.” It observes that in creating the website Alt News – which he co-founded with Pratik Sinha – Zubair has set up an instrument to analyse the “veracity of the news coming out on social media,” giving primacy to real news.
Locked out by tech
AI-augmented technology used by some states to weed out illegitimate welfare claimants have denied genuine applicants their benefits, causing them to wade through red tape and convince officials that they truly are poor or haven’t really died, a two-part investigation by Al Jazeera reveals. The news outlet profiled those poor and old who were denied welfare by the Telangana and Haryana governments due to errors made by opaque algorithms. The case studies include a below-poverty-line woman who had to ‘prove’ her rickshaw-puller husband didn’t own a car and a centenarian pensioner who rode a baraat in front of officials to show he was still alive. In both states, the respective governments claimed that instances of ‘false positives’ generated by their AI filters were low, but it became apparent that the rates were actually higher.
‘Historic’ liquidity deficit
India's banking system faces a historic liquidity deficit, reaching a record high of Rs 3.34 trillion ($40.18 billion) by January 23, according to Reserve Bank of India data. The deficit nearly tripled from the month’s commencement, fueled by outflows for tax payments and restrained government spending. Traders anticipate increased central bank intervention to address the widening gap. Meanwhile, Indian lenders have urged the RBI to ease liquidity conditions, as overnight cash rates persistently exceed the policy rate.
Byju lenders baulk
Lenders to Byju’s Alpha have filed an insolvency petition after the controversial edtech startup missed payment on a $1.2 billion loan, reports Bloomberg.
The move, announced by creditors, is the latest step in the fight between the startup founded by Byju Raveendran, once valued at $22 billion, and its creditors. It is believed that lenders “have already taken control of its units in Singapore, while the company is challenging their moves in the US.” Byju has had its growth questioned and investigations are now snapping at its heels. The insolvency petition could well be a tougher nut to crack than combating anything else so far.
The Long Cable
Defiling History, Justice, Secularism for 1480 Square Yards
By Rajeev Dhavan
The actual disputed site on which the Babri Masjid stood was 1480 square yards.
This would amount to less than many houses in Delhi and elsewhere. Clearly no mandir of any consequence could have been built there. True, the legal dispute sprawled to the 2.77 acres taken over by state under the Acquisition of Certain Area at Ayodhya Act, 1993. But the actual size was just 1480 square yards. One might legitimately argue what the controversy was about. The temple necessarily had to be built on the surrounding land already owned by the Sangh Parivar where the Ram Mandir now sprawls over a huge area, not in dispute. Nor can it be said that the inner sanctum representing Lord Ram’s birth was placed exactly where the masjid was – as vehemently argued before the Supreme Court. Incidentally, the ASI report to the court stated that it could not be conclusively said that Babar destroyed the temple to build a mosque.
The history of the contestation dates back to 1857-8. It was futile to examine whether Muslims had possession before 1857. We must presume that they did. The Hindu counter trespass in 1857-8 found an encroachment to parts of the site. In 1885, the Commissioner’s Court authoritatively held that the Muslims had title, and the Hindus had, at best, a prescriptive right to worship. Throughout the latter period, Muslims had access to the masjid even though attempts were made in 1935-6 to damage the mosque. The Hindus had to pay for the repair which was made by Muslims. This attempt to take the masjid by force and injure it was nothing new and culminated in its destruction in 1992. If the Hindus continued to pray to the idol which – according to the Hindus – miraculously appeared in December 1949, it was due to court orders and could not give them title which was equally miraculously given to them in November 2019 by the final judgment of the Supreme Court. If the judgment is taken at face value, the masjid was destroyed in 1992 on Hindu land.
The verdict of the Supreme Court in 2019 was shaky. Suit no. 5 filed in 1989 and clearly outside limitation – even if we take December 1961, when the Sunni Board filed its case claiming title, as the start of the dispute. The limitation period is 12 years. Yet, according to the Supreme Court, the Hindu suit of 1989 was well within limitation. The Supreme Court’s justification was that by virtue of the deity not being party in the earlier suits, its interests were not being adequately protected in the earlier suits included those initiated by the Hindu parties. But the Mahant’s case of 1959 was to defend the Hindu cause and did not claim title and was declared outside limitation. In a terse summation on the 1989 suit, the Supreme Court declared that the “reasons which weighed with Agarwal J. (in the High Court), as summarized above, commend themselves for acceptance”. Never was the question of limitation so sparsely disposed off. Nor can it be said that the title and possession was not with the Muslims at the time of trespass in December 1949, as advocate Zafaryab Jilani convincingly demonstrated to the court.
Thus, the Supreme Court decision was an expensive farce. The farce was exacerbated recently by the Supreme Court in not applying the Places of Worship (Special Provision) Act, 1991 to the present case involving the Gyanvapi mosque in Varanasi. In its Ayodhya judgement of November 9, 2019, the Supreme Court had said the 1991 Act
“..enforced a constitutional commitment and operationalised its constitutional obligations to uphold the equality of all religions and secularism which is a part of the basic features of the Constitution. The Places of Worship Act imposes a non-derogable obligation towards enforcing our commitment to secularism under the Indian Constitution. The law is hence a legislative instrument designed to protect the secular features of the Indian polity, which is one of the basic features of the Constitution. Non-retrogression is a foundational feature of the fundamental constitutional principles of which secularism is a core component. The Places of Worship Act, 1991 is thus a legislative intervention which preserves non-retrogression as an essential feature of our secular values.” If this was what the 1991 Act said according to the Supreme Court, what happened to all this in its application in the controversies over Varanasi and now Mathura?
So many things in the Babri decisions were fudged, even though the 2019 judgement was seen as liberation. We can re-write history but not ignore its fundamentals.
The political appropriation of Lord Ram in Ayodhya is a thorn in the side of our governance. It is true that we do not follow the strict American doctrine of separation of state from religion. But India does not reject that doctrine. If we follow the doctrine of principled equality, Modi’s token visit to Muslim sites does not make the cut. We have to realise that India is not a Hindu State fuelled by Hindutva. The Supreme Court was wholly wrong when it ruled in 1995 that Hindutva is not an appeal to religion in elections. This aggressive Hinduism is a step towards Hinduistion of India, which is not an excercise in secularism but a political declaration. Unfortunately, the Supreme Court has been complicit in this process, but also otherwise it must realize that it is unconstitutional to support a Hindu elected dictatorship.
The Babri case and its inelegant aftermath has witnessed a crack in our polity.
Celebrate Lord Ram by all means, but using the State to spend from its coffers in this celebration is far from appropriate because it is dangerously divisive as indeed was the rath yatra to claim this 1480 square yards for which history was defiled and a tradition of healthy secularism abandoned. Let people develop this site not through politics. Will the same hype accompany the masjid in Ayodhya when it is built?
India is the most diverse country in the world, more than many continents. It is this diversity that makes us unique. To abandon it destroys the India that is to be treasured.
(Rajeev Dhavan is a senior advocate in the Supreme Court. He has represented Muslim parties in the Ram Janmabhoomi-Babri Masjid title dispute in the Supreme Court)
Reportedly
Kerala Governor Arif Mohammad Khan is plumbing new depths, even given the low standards of governors in opposition states who are BJP appointees. At a media conclave, he attacked the eminent jurist, Fali Nariman, who has been critical of him. Nariman’s son, Justice Rohinton Nariman, has also been unsparing on many of his decisions. Khan alleged that Rs 30 lakhs had been taken by the senior Nariman from the Kerala government for an opinion, alleging a quid-pro quo for criticism. He also claimed that Justice Rohinton Nariman spoke against him only because of a conflict of interest, after Justice Rohinton criticised Khan in a December 2023 lecture for not signing Bills passed by the Pinarayi Vijayan government. Speaking right after the governor, CPI(M) MP John Brittas hit out sharply at him, and said politics had to be rescued from the trash it has now been reduced to. Listen here.
Deep dive
Colonial and casteist ideologies persist in shaping criminalisation and policing in India. The disproportionate targeting of Denotified Tribes and caste-oppressed communities reflects the enduring influence of colonial and Brahminical power structures, highlighting the need for reform and justice. In Himal, Nikita Sonavane writes on the Brahmanical origins of carcerality in India and the need for an anti-caste vision to challenge carceral systems.
Prime number: 57%
In a significant increase from 27% in 2023, around 57% of Indian consumers raised concerns about “rising inflation”. One in three Indians are also concerned about job security and layoffs, as per Kantar’s Union Budget Survey 2024.
Opeds you don’t want to miss
There is no evidence of Ram Lalla in Hindu mythology. The boy deity was created by the RSS and VHP to wage a war against Muslims for real or imagined injustices. Apoorvanand writes on “Ram Lalla and the infantilisation of Hinduism”.
“You can’t call it post-truth because it’s Indian. You can’t even call it entertaining because war is no laughing matter. What’s left, then, is a film called Fighter that’s about South Asian people who fight in the skies”. Rahul Desai reviews Fighter – an expensive ‘Mauka Mauka’ advertisement.
It is important to reclaim the republic now, Aruna Roy and Nikhil Dey write on Republic Day.
Faisal CK writes that a constitution grants a government power and authority – but in flouting its principles, the Indian government has undermined its own legitimacy.
Clayton Murzello reminds everyone that like the England-Australia series winners are awarded the Ashes, winners of the India-England series get the Anthony S De Mello trophy. De Mello was a co-founder of the BCCI in 1928. But the BCCI has time only for sponsors. It never mentions De Mello. Why not?
Deccan Herald’s editorial mounts a robust defence of India’s beleaguered think tank, the Centre for Policy Research. The paper says the government is “bent on destroying a pre-eminent think tank.”
Nandini Ramnath writes on “why it’s boom time for India’s movie makeup designers”.
Dorje C Brody decodes the maths behind the rise of rightwing populism across the world. “Easy answers + confidence = reassuring certainty.”
Listen up
Bilkis Bano’s lawyer, advocate, Shobha Gupta speaks to activist and journalist Teesta Setalvad on Citizens for Justice and Peace’s (CJP) Podcast – RightsCast. Listen to it here.
Watch out
On Flip The Script With Shubra, Shubra Aiyappa speaks to Rohan Bopanna about his remarkable career in tennis, his idol, Stefan Edberg, the sacrifices he made in pursuit of his tennis career and the support he received from his wife, Supriya and much more.
Over and out
Meet Sachin Tanwar, the 24-year old rising star of the Pro Kabbadi world.
The official trailer of 'Malaikottai Vaaliban' starring Mohanlal in a lead role, in his first collaboration with director Lijo Jose Pellissery is out.
Listen to Bhrigu Sahni sing ‘Ai mere pyare watan’ on Republic Day. The original song was picturised on his uncle, Balraj Sahni.
That’s it for today. We’ll be back with you on Monday, on a device near you. If The India Cable was forwarded to you by a friend (perhaps a common friend!) book your own copy by SUBSCRIBING HERE.