Major Amin on the Failure of the Pakistani invasion in the First Kashmir War

Major Amin sent over an extract from his writings about the 1947 attempt to grab Kashmir using tribal lashkars and why it failed. Obviously from a Pakistani POV, but an objective one.. There are formatting issues that I found hard to fix, but you will get the gist.

Liaquat Ali Khan and Malik Ghulam Mohammad’s Kakkezi relative Railway battalion major Khursheed Anwar was the biggest reason for the tribal invasion’s failure on Muzaffarabad-Srinagar axis.
As per Sardar Shaukat Hayat who was closely connected with leading the invasion , the tribal invasion was planned in September 1947 but Khursheed Anwar disappeared to get married to a Muslim League worker.[1]
Pakistani state had two excellent choices , as military commanders to lead the main tribal attack on Muzarrafarabad-Srinagar axis . These were Major Taj Khanzada DSO,MC and Gen Zaman Kiani, sword of honour of IMA and ex chief of Indian national army.
Such was the criminal parochialism in the newly created Pakistani state that a railway battalion emergency commission was handpicked by PM Liaquat and his finance minister Malik Ghulam Mohammad,on grounds that he was Ghulam Mohammads Kakkezai clanmate and relative from Jullundhur.[2]
It was most irrational to pick up a man whose only qualification was petty intrigue and fomenting riots and who had no military knowledge.
But that is how the All India Muslim League was run , right from its creation in 1906.

Continue reading Major Amin on the Failure of the Pakistani invasion in the First Kashmir War

Blasphemy Laws and Blasphemy Killings in Pakistan

This was on old post about blasphemy laws that I wrote in 2015 and revised in 2021. It is on the site, but hard to search for, so i decided to repost it now that blasphemy is again in the news with two recent episodes where the police were able to arrest the accused (ie save him from mob killing) but then the police themselves executed the blasphemer in custody. There has been an episode in the past where a Shia who had blasphemed against the sahaba (the companions of the prophet) was killed (with an axe) by a police officer while in custody and there have been a couple of episodes where blasphemers were killed by other prisoners, but this trend of execution by the police is now at a new level. The police officers who carried out the execution were garlanded and immediately received promises of millions of rupees in rewards (though with Pakistan reaching new levels of conmanship, it is likely that some of these pledges are fake). So now, not only will the mob kill you any time you are accused of blasphemy, if the mob fails, the police will finish the job the same day.
Of course, if it does reach trial, the courts will always sentence to death in any case because judges who let off previous accused have also been killed.

 

SO it goes.

Meanwhile, as liberal muslims and Liberals and Leftists in the West who want to use orthodox Muslims for their own purposes and want to find ways to oppose blasphemy laws without upsetting Muslims will dig up their usual “colonial era blasphemy laws in Pakistan” story to see if blame can be pinned on some dead entity, such as the British empire. So I wanted to have a post handy where I could direct them; so here it is, a quick overview of the blasphemy issue in Pakistan

A blasphemy law was part of the 19th century Indian Penal code as section 295.. It was not a bad law at all and the lazy habit of blaming it for later blasphemy law crap in the Indian subcontinent is just that: a lazy habit.

Here is section 295 of the Indian Penal Code of 1860:

 Injuring or defiling place of worship with intent to insult the religion of any class.—Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defile­ment as an insult to their religion, shall be punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

The aim of the law was to prevent/punish things like someone throwing a dead pig into a mosque or a cow’s head into a temple. An actual physical desecration is to be punished. This seems like an eminently sensible law  and cannot really be blamed for all the evils that came later. But in the 1920s there was a famous case in Lahore where a Hindu publisher was arrested by the colonial authorities after Muslims agitated against him for having published a book called Rangila Rasul (“merry prophet”). The British colonial authorities tried to prosecute him for hurting the religious sentiments of Muslims, but the high court in Lahore (quite properly) found him innocent because there was no law on the books against just publishing a book, no matter how offensive it may be to some religious group. Fearing future communal discord from such provocations, the British then had the legislative assembly add section 295A to the law in order to criminalize deliberate attempts to “outrage the religious feelings of any community”. This section states:

Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representations or otherwise], insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to 4[three years], or with fine, or with both. 

But even with this new and expanded article 295A in place, prosecutions for blasphemy were few and far between until, in the 1980s, General Zia added two new sections to the law in Pakistan and really set the ball rolling.  These infamous sections are labelled 295B and 295C.

295-B:  Defiling the copy of Holy Qur’an. Whoever wilfully defiles, damages or desecrates a copy of the Holy Qur’an or of an extract there from or uses it in any derogatory manner for any unlawful purpose shall be punishable with imprisonment for life.

295-C: use of derogatory remarks etc., in respect of the Holy Prophet: – who ever by words, either spoken or written, or by visible representation, or by any imputation innuendo, or insinuation, directly, defiles the sacred name of the Holy Prophet Muhammad (PBUH) shall be punished with death, or imprisonment for life and shall also be liable for fine.

Note that the law no longer requires that the offense be malicious in intent. Intent is no longer an issue. Insulting the Quran or the prophet, even unintentionally, is now punishable by death. To seal the deal, in 1991 the Federal Shariat Court of Pakistan struck down the option of life imprisonment and made the death penalty obligatory. 
And of course, the new amendments only apply to blasphemy against Islam, not against all religions (in this sense, the new laws are more “rational” and internally coherent, since all religions blaspheme against all other religions as a matter of course, so the original law was not coherent in principle, though still workable in practice). Between 1984 to 2004, 5,000 cases of blasphemy were registered in Pakistan and 964 people were charged and accused of blasphemy; 479 Muslims, 340 Ahmadis, 119 Christians, 14 Hindus and 10 others. Thirty-two people charged with blasphemy were killed extra-judicially during that time. More have died since. Eighty-six percent of all the cases were reported in Punjab.

Every time the shit hits the fan, many liberal people start hoping that this blasphemy law can be changed to finally stop or slow down this torrent of prosecutions and killings. Others have noted that the law is not the problem, free-lance enforcement of a broader blasphemy meme in the Muslim community is the problem and will likely persist even if the law is repealed. 

In my view the law is not the only problem, but it IS a very potent symbol of the surrender of state and society in front of the blasphemy meme. Repeal of the law will not kill that meme, but repeal of the law will be an equally powerful signal that things have changed and that state and society no longer approve of the killing of blasphemers. It will not end the problem, but it will be the beginning of the end. Repeal of the law is not a sufficient condition for this nightmare to end, but it is a very important necessary condition.

Unfortunately, I don’t think such repeal or amendment is actually likely in the foreseeable future. My predictions: Continue reading Blasphemy Laws and Blasphemy Killings in Pakistan

Pakistan; Myths and Consequences

This was an old article i wrote for the Indian magazine Pragati in 2013. That magazine has since disappeared, but some good Samaritan found this on the intertubes and I thought I would post it here for posterity. Some elements of my thinking have changed since then, and others have shifted in intensity, but i am posting this article as originally written;

Salman Rushdie famously said that Pakistan was “insufficiently imagined”. To say that a state is insufficiently imagined is to run into thorny questions regarding the appropriate quantum of imagination needed by any state; there is no single answer and at their edges (internal or external), all states and all imaginings are contested.  But while the mythology used to justify any state is elastic and details vary in every case, it is not infinitely elastic and all options are not equally workable. I will argue that Pakistan in particular was insufficiently imagined prior to birth; that once it came into being, the mythology favored by its establishment proved to be self-destructive;  and that it must be corrected (surreptitiously if need be, openly if possible) in order to permit the emergence of workable solutions to myriad common post-colonial problems.

In state sponsored textbooks it is claimed that Pakistan was established because two separate nations lived in India — one of the Muslims and the other of the Hindus (or Muslims and non-Muslims, to be more accurate) and the Muslims needed a separate state to develop individually and collectively. That the two “nations” lived mixed up with each other in a vast subcontinent and were highly heterogeneous were considered minor details. What was important was the fact that the Muslim elite of North India (primarily Turk and Afghan in origin) entered India as conquerors from ‘Islamic’ lands. And even though they then settled in India and intermarried with locals and evolved a new Indo-Muslim identity, they remained a separate nation from the locals. More surprisingly, those locals who converted to the faith of the conquerors also became a separate nation, even as they continued to live in their ancestral lands alongside their unconverted neighbours.  Accompanying this was the belief that the last millennium of Indian history was a period of Muslim rule followed by a period of British rule. Little mention was made of the fact that the relatively unified rule of the Delhi Sultanate and the Moghul empire (both of which can be fairly characterised as “Muslim rule”, Hindu generals, satraps and ministers notwithstanding) collapsed in the 18th century to be replaced in large sections of India by the Maratha empire, and then by the Sikh Kingdom of Maharaja Ranjit Singh. Continue reading Pakistan; Myths and Consequences

Browncast with J Sai Deepak

Another Browncast is up. You can listen on LibsynAppleSpotify, and Stitcher (and a variety of other platforms). Probably the easiest way to keep up the podcast since we don’t have a regular schedule is to subscribe to one of the links above!

The podcast was a good experience – a free flowing discussion without much structure. Retrospectively I felt I could have intervened more on some points or countered some of the answers, but I am overall happy with the discussion.

I hope I have this opportunity again to discuss a few more things with Sai.

 

Browncast: Omar Ali on Pakistan, Myths and Realities

Another BP Podcast is up. You can listen on LibsynAppleSpotify, and Stitcher (and a variety of other platforms). Probably the easiest way to keep up the podcast since we don’t have a regular schedule is to subscribe to one of the links above!

In this podcast we reverse positions and guest blogger Maneesh Taneja interviewed me (Omar Ali) instead of the other way round. We talk about the usual stuff, the ideology of Pakistan,  partition, why the army rules Pakistan, how the India-Pakistan thing is likely to evolve, and suchlike. Just a casual conversation.

Errata:

  1. I said at around the 40 minute mark that the Indian army at partition was around 50% Muslim. That is not correct (thanks to @genionomist for pointing this out on twitter). It was about 33% Muslim, 33% Sikh and 33% Hindu.
  2. I said Pakistan officially teaches pride in the Indus valley civilization and then jumps to Mohammed Bin Qasim. I forgot to mention that we DO own the Gandhara civilization, but we present it as Buddhist, almost never as Hindu or generically “Indian”. In that sense, it is used to buttress the assertion that Pakistan was never really too “Indian”. And I did not get into this, but left-liberal types who reject or question the Two Nation theory then insist on a very sharp and black and white British 19th Century type vision of evil Aryans invading “our real people”, the heroic Dravidians. Win some, lose some 😉

I promised in the podcast that I would also post links to some articles and books I believe may be relevant. So here goes:

  1. Pakistan, Myths and Consequences. My article in “Pragati” about the ideology of Pakistan and its consequences for Pakistan can be found here. 
  2. Podcast with Venkat Dhulipala can be found here. 
  3. A link to Venkat Dhulipala’s book “creating a new Medina“, which I think is an excellent introduction to how Pakistan was imagined by many (not all) of its creators.
  4. Abdul Majeed Abid on the Objectives resolution, adopted by the Pakistani constituent assembly as the basis for a future constitution of Pakistan, can be found here. 
  5. Martial Race Theory, myths and consequences. This article by Major Amin sheds light on the genesis of the Pakistan army and its self image.
  6. Our fellow blogger “the emissary” views on India’s Islam. 
  7. Dr Hamid Hussain’s summary of the Kashmir problem is here.

M.J. Akbar’s Tinderbox & Aag ko Pani Ka Bhay: Thoughts on Indian Sub-continent.

A close childhood friend, a passionate and active supporter of Aam Aadmi Party-whilst he retains his deep personal and family linkages with the Congress party- his grandfather served as a minister in a Congress run Madhya Pradesh government in the 70s, is a regular sparring partner on arguments around ideological moorings of Modi Sarkar and its performance.

A comment he made in a recent argument, he was explaining to me why the opposition in India behaves the way it behaves and what is the opposition’s role, quoted a famous Hindi adage- Aag ko Pani ka bhay (The fear of water should be inculcated in every fire). Coming from someone who has been extensively involved in political mobilization and has had a close view of governance in this country, the comment is a remarkable summary of the sub-continent’s politics over the last 100 years.

The comment made me once again read M. J. Akbar’s seminal work on Pakistan- Tinderbox the Past and Future of Pakistan, relook at the structure of modern Indian state, its institutions and the incentives that drive the political parties in India.

Akbar’s book presents the intellectual foundation of the idea of Pakistan, the political land scape that nurtured the idea making the idea a potent force, eventually leading to the partition on the sub-continent on religious grounds and founding of an Islamic nation.

Akbar submits that the fall of Mughal empire and with the emergence of British as the de-facto rulers of the sub-continent, the Muslim elite that that ruled for over five hundred years felt politically disenfranchised and powerless.

One of the ways in which the elite responded to this defeat was by nurturing the idea that Akbar calls- Theory of Distance.  He credits the origin of this theory to Shah Walliullah a pre-eminent Islamic theological intellectual of 18th century. The theory claimed that the Muslims were suffering, because the difference between believers (the Muslims) and infidels (the Hindus) had blurred in India. They had abandoned the purity of their faith and forgotten they were a distinct entity.

As the British consolidated their rule over India in the late 18th and the 19th century, their policies encouraged this distinction and the Muslims increasingly felt the British were discriminating them vis-à-vis Hindus.

The British on their part, during the years in power, saw the Indian sub-continent not as one Nation but an amalgamation of multiple groups each with its own sectarian identity.

Their experience of 1857 made them consider Muslims as a political force that posed the gravest threat to their rule.

In the first half of the 20th century, they used the force of Muslim identity as a counter-weight to the nationalist movement which was primarily led by Hindu leaders.

The British stoked the fear of a numerically dominant Hindus will deprive Muslims of any power sharing. Starting with separate electoral colleges for Muslims, British support for ‘Theory of Distance’ culminated in Two Nations theory with partition and creation of Pakistan.

The British Raj ruled by the principles of pitting caste and sectarian identities against each other and using these identities bulwark against the freedom movement. Their encouragement and support of the Two Nations Theory has left a lasting legacy in the sub-continent.

Post 1947, the two nations have followed different trajectories.

Pakistan has slowly, steadily and surely moved in the direction that was envisioned for it, by founders of its idea. A state founded, as Akbar writes in his book- not only as a separate nation from Hindu India but also a laboratory and fortress of Islamic faith.

It’s laws today discriminate its citizens on religious grounds- only a Muslim by law can become its Prime Minister or President. It has enshrined Islamic practices in its constitution and its once Westernized Army, its most dominant institution, now has Faith, piety, Jihad for the sake of Allah, as its motto.

Although Islam could not hold the country together, its eastern wing seceded in 1971 to become Bangladesh, it has continued it march towards a homogenous Islamic country. Religious minorities made up for 31 % of Pakistan’s population in 1947, today they make for 4% of it’s population. Its current prime minister aspires to make Pakistan a modern-day version of Riyasat e Medina.

Akbar’s book introduces us to actors who gave birth to the ideas of Muslims as a separate nation, the need for an Islamic republic in the sub-continent and those who fought- politically and violently for fulfilment of these ideas.

It is unfortunate that we don’t read about these men- they are all men, in our school text books. Ideas of Walliullah, the Ulemas of Deoband, Maulana Madudi and Zia ul Haq have shaped the destiny of the sub-continent and continue to drive the actions of those running the countries in the sub-continent.

The book, well researched and mercifully does not read like a Phd thesis, fills this space remarkably. My one quibble with the book would be that it does cover the role played by Hindus in the emergence of two nations theory. The most towering leaders of the freedom movement were Hindus but they were avowedly secular and considered Muslims as equal stakeholders. Where and why did they fail in garnering mass support for their ideas of United Secular India.

India inherited the Raj in 1947. It opted for the Westminster style, first past the post model for it legislative function. Its bureaucratic service is modelled on the lines of British era Indian Civil Service and its police force even after 75 years of Independence follows the procedural manual laid down by the British. The Indian state continues to enforce The Indian Penal Code, enacted by the British in 1860 and India’s Supreme Court functions in English. Its successive governments not only inherited, and have largely preserved the British era state structure, they also inherited India’s sectarian fault lines.

Setting it up as a multi-party democracy, the founders of the modern Indian republic continued to see India the way British saw it- a union comprising of multiple religious and geographical identities. Shashi Tharoor captured the idea of the Indian Republic pithily when he compared India with a traditional Indian meal called –Thali.

A Thali is a traditional India meal comprising of an array of dishes in uneven quantity with each dish bringing its own distinct taste and flavor; a sum of its parts a Thali makes for a delicious wholesome meal with each dish contributing to the culinary experience.

The problem with looking and treating a country like a Thali whilst governing it as boisterous electoral democracy is that sooner than later politics of identity will kick in. Each sub-group will look to the trump its own interests over the interests of the larger group as a whole. Its design will make sure that the incentives of the politicians representing each sub-group, will always be aligned with achieving optimum output for the sub-group that they represent even if those goals are achieved at cost of the largest group- the nation state. While there is merit in the arrangement, why should the size of the largest group be allowed to dominate the smaller units, a side effect of this approach is that it leads to the politics of – Aag ko Pani ka Bhay.

In the absence of a unified Indian identity, crafted in a melting pot with its religious and geographical diversity as ingredients, we as a nation always end up playing the balancing act. Let us guard against the majoritarian tendencies of its majority community by vesting its religious and cultural institutions in the hands of a secular state. Let the dominant religious minority have its own personal laws otherwise it will feel alienated. Let us split the state purse on religious lines as a mark of our commitment to building a nation that treats all religions equally. Let us ride roughshod over rights of the real minority- the individual for the sake of a group’s sentiment. We have ingrained in our laws all these principles.

Design a state structure that looks as Indians first on what are their religious beliefs and then their caste denomination. Give them a polity that will thrive on amplifying their differences and pitting the fear of one identity against the other. Fail to build state capacity that can be a neutral arbitrator of conflicts between these identities or can forcefully maintain law and order and you will end up with the polity thriving, on politics of ‘otherization’ of the ideological and political opponents; and one that challenges state’s monopoly over violence repeatedly. Instead of supremacy of the law performing the role of Pani  to the Aag of anarchy or the will of the people acting as the Pani to the Aag of governments not delivering, politicians get to play one identity against the other.

The Indian sub-continent has been carved into three separate nations in the last 75 years in an attempt to balance Aag and Pani. While two of three nations are forging common national identity, for a better or for worse time will tell, the largest of three continues to stumble along. How soon its people come together and forge an identity that subsumes their smaller group identities- one wonder if its citizens even want to do that, will shape the destiny of the sub-continent in this century.

 

Some notes on the accession of Junagadh vs. Kashmir

Whenever there is a debate on Kashmir, there is often a parallel drawn, particularly in Pakistan, between the accession of Junagadh to India, and the accession of Kashmir (also to India).

The narrative in Pakistan typically goes –

In the case of Kashmir, a predominantly Muslim state acceded to India, as its Maharaja was Hindu. While in Junagadh, India insisted on a plebiscite and eventual accession to India though its Muslim ruler had acceded to Pakistan. 

While this criticism may seem superficially sound, it is very specious and misleading as it ignores how different the case of Junagadh was from that of Kashmir. It is worthwhile to reflect on the circumstances surrounding the accession of the two states.

A few things –

1. Junagadh was not contiguous at all with Pakistan. In contrast J&K in its entirety was contiguous with India.  The Nawab’s accession to Pakistan was in violation of the contiguity principle. Here’s a map locating Junagadh in Southern Gujarat.

On the other hand, all of Jammu and Kashmir in its entirety was and is contiguous to the rest of India. So the “contiguity principle” was very much adhered to in the Maharaja’s accession to India

 

Image Source : wiki

2. Junagadh, with its population of 700K, was ~85% Hindu. The Nawab’s decision to accede to Pakistan was clearly in violation of the wishes of his subjects. In the plebiscite that succeeded the Nawab’s Pakistan accession, well over 95% of the voters chose to accede to India

In contrast, J&K was about 75% Muslim. Also unlike in Junagadh, where Hindus dominated the whole state, in J&K, the Muslim predominance was mainly in the Kashmir valley, while the Hindus were numerous in Jammu and Buddhists in Ladakh.

3. Junagadh’s Hindu population revolted strongly and vocally against the Muslim Nawab’s decision to accede to India. Close to 100K Hindus fled the state in the fall of 1947 as per VP Menon, leading to a near collapse of Kathiawar economy.

The plebiscite in Feb 1948 was prompted by this revolt against the Nawab’s decision. Which ofcourse settled the matter in favor of India. In contrast, in J&K, there was no major clamor among the Muslim population in favor of Pakistan. The major Muslim political body National Conference supported the Maharaja’s decision to accede to India notwithstanding its differences with the Hindu princely ruler. So it was a situation fundamentally different from that of Junagadh.

4. The Nawab of Junagadh unilaterally and hastily decided to join Pakistan, under the influence of his Dewan – Shahnawaz Bhutto (father of Pak PM Zulfikar Ali Bhutto) without even the common decency of letting the Indian govt know of the decision through proper channels.

In fact, Sardar Patel and VP Menon learnt about the decision through the media in late Aug 1947, and later got it confirmed by the Nawab. The Nawab had gone back on the word of his earlier Dewan Abdul Kadir, who had assured Gujarati press as late as April 1947, that the state won’t join Pakistan.

In sharp contrast to the indecent haste and reneging of promise by the Nawab, the Maharaja of Kashmir, Hari Singh, was deeply conscious of the fact that 70% of his subjects were Muslim. He did not accede to India in a hurry.

The accession happened only as late as 26 October 1947, following the invasion of Kashmir by “irregulars” and tribal militias sent from Pakistan. So Hari Singh’s sensitivity and judiciousness was tested to the limits and his hand was forced by Pakistan’s aggression.

5.  Next, let’s examine the attitude of India and Pakistan in either case – radically different approaches.

In Junagadh, Muslim league politicians tried to “force” the hand of the Nawab through Shahnawaz, though the Nawab ruled over a Hindu province with no borders with mainland Pakistan.

While in the case of Kashmir, Sardar Patel and VP Menon assured Hari Singh throughout 1947 that they would be okay if he chose to accede to Pakistan. So the Indian attitude was a cool-headed dispassionate one that acknowledged whatever decision Hari Singh would take.

Pakistan in contrast tried to force the issue militarily in Kashmir, not just using its Army and its “irregular” agents, but by cutting off supplies and transport to Jammu from Pakistan, in an attempt to intimidate the Maharaja into acceding to Pakistan.

So these are five major ways in which the case of Junagadh differed from that of Kashmir. Clearly there is no parallel.

There is no ideological contradiction in the way India handled both cases. The Indian reaction was pragmatic and philosophically consistent.

References for the thread :

  1. TCA Raghavan, The People Next Door: The Curious History of India’s Relations with Pakistan
  2.  On Kashmir Demographic history –http://cpsindia.org/dl/Blogs/Blog%2015%20J&K.pdf

Post-script : 

In the first draft of this piece, it was mentioned that Hindus were predominant in Jammu in 1947. I have corrected this to “Hindus were numerous in Jammu”, though maybe not in a majority. The census numbers of 1941 are unreliable on account of WW2, and also the Jammu specific numbers may have been impacted in the course of 1947 on account of both the riots against Muslims in Oct 1947 and against Hindus / Sikhs in Mirpur / Rajouri the following month.

Also the % share of Muslims in the state of J&K has been edited from ~70% to ~75%, as the latter number is a fairer estimate based on 1931 census, while the former number stems from the 1961 census

Citizenship Amendment Act – the straw that broke the camel’s back

Since the Ram Janmabhoomi movement, which culminated in the demolition of the Babri Masjid, nothing has polarized Indian politics and society as much the Citizenship Amendment Act. On its own, its fair to assume that CAA is not  a particularly insidious piece of legislature, but when it gets combined with National Register of Citizens (NRC) as explained by Amit Shah below, it becomes some to be vary of.

As Amit Shah stated, CAB(A) will be applied before carrying out the process of NRC. In his own words, the refugees(non Muslim migrants) will be granted citizenship and the infiltrators (Muslim migrants – he also referred to them as termites at one instance) will be thrown out or prosecuted (there was some talk of throwing them into the Bay of Bengal).

Its clear to conclude that by refugees – he means Bangladeshi Muslims who reside illegally in India as almost no Muslims from Pakistan and Afghanistan come to India illegally with an intention a  better life. (When they do cross the LOC illegally, they’re treated as enemy combatants or terrorists)

The ACT: 

The instrumental part of the act reads

any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder, shall not be treated as illegal migrant for the purposes of this Act

While this amendment to the ACT is seen as problematic, one must point out that large portions of the existing ACT are also extremely problematic – most of which were added after 1955 under various governments at various times. In particular the 1986 amendment (under Rajiv Gandhi) – which meant children born to both illegal immigrants wouldn’t get citizenship. This is seen as a contradiction with the Birthright naturalization (Jus soli ) principle of the Constitution. The 2003 amendment (under Vajpayee) further restricted citizenship to children, when either of their parents is an illegal immigrant.

The 2003 amendment also prevented illegal immigrants from claiming naturalization by some other legal means. So in short with the CAA 2019, this particular amendment (2003) has been annulled for Non Muslims who have come to Indian sovereign land from Bangladesh, Pakistan and Afghanistan.

In other words, the CAA facilitates the imagination of India as the natural homeland of subcontinental Non-Muslims (but not a Hindu Rashtra or Hindu State).

Objective Reasons for opposing the CAA:

Continue reading Citizenship Amendment Act – the straw that broke the camel’s back

The Indo-Pakistan problem — To be or Not to be

THIS ESSAY WAS WRITTEN IN 2016 in the immediate aftermath of the URI ATTACKS with the aim of bringing some nuance in the increasingly binary discussions of Pakistan. Looking back at it in 2020 there are a few points in the essay I mildly disagree with but on the whole, I stand by my arguments. 


For anyone willing to read a shorter -TL-DR version find the link HERE:

Note: This is not a scholarly analysis of Indo-Pak question but an essay ((*mildly subjective)) on the question with references being presented for most of the essay. 


Every well-read Indian who has thought enough about the India-Pakistan issue will have faced Hamlet’s dilemma — “To be or not to be”. It’s fair to assume that national patience, with everything related to Pakistan, is waning very fast nowadays aided by the explosion of social media. Simply put — most Indians have had enough of this shit for 69 + years (the Idea of Pakistan being older than Pakistan). The leftist solution to the Pakistan problem has always been the Aman ki Asha narrative. The reactionary position of some of the Right-wing is to totally boycott anything related to Pakistan every-time a terrorist attack takes place in India. This position though backed by popular opinion at times like this seems to be no closer to a permanent solution to the problem. To come up with potential solutions for this problem, we need to discuss both these approaches and we also need to dig deep into the Nation-state of Pakistan.

 

Continue reading The Indo-Pakistan problem — To be or Not to be

Brown Pundits