In international law, Pakistan has been the perpetrator, India the victim of aggression in Mumbai

In international law, the attacks on Mumbai would probably reveal Pakistan to have been  the aggressor state, India the victim of aggression.   It is standard law that a “master” is responsible for the misdeeds of his “servant”. E.g., “Where the relation of master and servant clearly exists, the employer is responsible for injury occasioned by the negligent conduct of the servant in carrying out his orders.  And this rule is so extensive as to make the master liable for the careless, reckless and wanton conduct of his servant, provided it be within the scope of his employment”.   President Zardari and Prime Minister Gillani may declare truthfully they had no prior knowledge of the attacks on Mumbai, that these were not in any way authorized by them or their Government.  But it seems likely  on the basis of current evidence that  the young terrorists who attacked Mumbai were still in a “master-servant” relationship with elements of the Pakistani state and had been financed, trained, motivated and supplied by  resources arising, directly or indirectly, from the Pakistani exchequer.   Public moneys in Pakistan came to be used or misused to pay for aggression against India —  in a quite similar pattern to the October 1947 attack on Kashmir, Ayub Khan’s 1965 “Operation Grand Slam”, and Pervez Musharraf’s 1999 attack on Kargil.

And to think that these youth who were made into  becoming terroristic mass murderers were toddlers  when the USSR withdrew from Afghanistan, in primary school when the 1993 WTC bombing happened and adolescents at the time of the 9/11 attacks.

Jews have never been killed in India for being Jews until this sad day

Jews have never been killed in India for being Jews until today.   For two thousand years, in fact perhaps as long as there have ever been Jews in the world, there had been Jews living peacefully in India.  I used to say that proudly to my Jewish friends, adding that the Indian Army had even had a Jewish general.  Today, November 28 2008, or perhaps yesterday November 27 2008, that changed.  Five Hasidic Jews who had been peaceful residents of Nariman House in Mumbai, came to be murdered by terrorists, merely for being Jews, or died in explosions or in the cross-fire between the terrorists and Indian security forces.   The Israeli Government had offered India their well-known technical expertise in trying to save their fellow-nationals.  I believe the Government of India made a tragic mistake by not accepting it.  Yes certainly our national prestige would have taken the slightest of blows if Israeli commandos had helped to release Israeli hostages in India.  But our national prestige has taken a much vaster and more permanent blow instead, now that we can no longer say that Jews have never in history been killed for being Jews in India.  I am especially sad on this already very sad day to see that proud record destroyed.

Subroto Roy

Two (and a half) critical reforms for America’s polity (2008)

American friends tell me they have liked what I had to say in my November 2006 article “American Democracy”,  which may be found elsewhere here.   I continue to think the polity of the United States needs long-term reform for the reasons stated in that article.

Surprisingly enough, the critical reforms would be rather simple and two-fold:

(A) Extending the tenure of the House of Representatives to, say, four years.

(B) Separating the Head of State from the Head of Government.

The former cannot be something very hard to accomplish, relatively speaking, though of course it would need amending the Constitution. Its positive result would be to calm political discussion and behaviour, making them less myopic and nerve-racking than at present.

The latter would be more complicated as there are alternatives possible.  A French model preserves the political power of the Head of State relative to the Head of Government.  Other models, e.g. of Germany or Britain or India, has the Head of State being a mere (but crucial) constitutional figurehead, while the real political business is carried out by the Head of Government.

My own recommendation would be to have an indirectly elected Head of State in the United States (elected, for example, by the House and the Senate as well as the State Legislatures) who maintains the dignity  of the nation and the decorum of the office and is above the fray, while the Head of Government is elected directly much like a President is now (except there need be no Veep running-mate).

Indeed the present nomenclature need not be too hard to modify once it is seen possible for a President as Head of State to be elected indirectly and be a constitutional figurehead, while the Vice-President (?)/Prime Minister (?) could be elected as the Head of Government much in the way a current President is.  The term in office of the Head of State and  that of the Head of Government probably should not coincide.

Politics is a tough and ugly business and it is dismaying  (and destructive) to see, under the present American system, every Head of State inevitably dragged through the mud as has happened since the end of the Eisenhower Administration (coinciding too with the rise of the television age).

Subroto Roy

Do President-elect Obama’s Pakistan specialists suppose Maulana Azad, Dr Zakir Hussain, Sheikh Abdullah were Pakistanis (or that Sheikh Mujib wanted to remain one)?

Once upon a time, half a century ago, the son of a Pakistani president married the daughter of an American ambassador to Pakistan and moved to Washington.  That might be as good a time as any from which to mark the start of the grip Pakistan’s military and political/bureaucratic elite have managed to have on the process of defining official American policy towards Pakistan and indeed the subcontinent as a whole.

Four young and   doubtless well-meaning Democratic Party “think tank” analysts have now produced a document Partnership for Progress: Advancing a New Strategy for Prosperity and Stability in Pakistan and the Region (Center for American Progress November 2008) that is the latest edition emerging out of that process.

It is hard to find the most simplistic of the statements contained in the document.  My runner-up candidate would be the recommendations that what should happen in Pakistan now is

“Dismantle militant groups and reduce regional tensions;
Bolster civilian governance;
Strengthen Pakistan’s economy and advance development”.

Bravo!  What else to say?

My winning candidate for naiveté though must be this on page 16:

“Pakistan… sees itself as the political home for the subcontinent’s Muslim population and believes India’s continued control over the Muslim-majority Kashmir valley and denial of a plebiscite for its inhabitants represent a lingering desire on India’s part to undo the legacy of partition, which divided the British Indian Empire into India and Pakistan.”

Now someone really ought to explain to these soon-to-be-Obama-Administration-Pakistan-specialists that, once upon a  time, there were men named Maulana Abul Kalam Azad and Dr Zakir Hussain and Sheikh Mohammad Abdullah and many others like them (let aside Khan Abdul Ghaffar Khan) who were all not merely devout Muslims but also leaders who had no wish to have any truck with any idea of a “Pakistan”. And furthermore, that some years later there came to be another man named Sheikh Mujibur Rahman and many others like him, who were Pakistanis but who no longer wished to remain so.

How is it possible for  four young scholars from places like the Fletcher School to not know this and yet pretend to expertise on Pakistan or the subcontinent?   Pakistanis and Indians and Bangladeshis who actually live in Pakistan and India and Bangladesh all know this from mother’s knee.  But the powerful Potomac/CFR/Houston etc Pakistan lobby which has heavily influenced if not controlled the discussion of America’s Pakistan-India policy-thinking has hidden away such inconvenient facts, and may have thus misled our young authors entering these woods for the first time. The inevitable result of such repression has been the set of neuroses and psychoses that have beset the US-Pakistan relationship for decades on end and seem likely to continue now under President Obama.

(As for official New Delhi, its own infirmities, like allowing organized business lobbies to define and control India’s relationship with the United States, as well as its delusions of grandeur, causes it too to fail History 101 miserably, which explains the shallow depths that Indian diplomatic discussion manages to reach on the subject.)

What the Center for American Progress has to say expectedly contains contradictions that have been long seen before.  For example, the authors are unable to reconcile their own explicit statements (A) and (B), revealing what a clinical psychologist might follow Gregory Bateson to identify as a classic “double-bind” leading to schizophrenia in the Pakistan-US relationship:

(A) “The United States should continue supporting and working with the Pakistani military despite strains in the relationship. The stakes are too high to walk away from Pakistan’s military establishment. Not only does most of the materiel for the US war effort in Afghanistan go through Pakistan, but the ISI is almost the exclusive source of information about international terrorist attacks perpetrated by Al Qaeda and its affiliates in Pakistan.”

(B) “Pakistan’s powerful military establishment has launched four outright coups d’etat in the country’s 60-year history. And through its control of the Inter-Services Intelligence directorate, or ISI, Pakistan’s premiere intelligence service, the military continues to carry out subtler manipulations of the political system during the periods when it has not held power directly…. The military establishment also has expanded far beyond its national security portfolio, entrenching itself in the Pakistani economy…. .The United States shares some of the blame for imbalance between military and civilian institutions in Pakistan. During the 1960s, 1980s, and since 9/11, the Pakistan military has been richly rewarded by the United States based on its status as a front-line state in the Cold War and then in the war against extremist terrorist networks. The United States has created perverse incentives by richly rewarding the Pakistani military in its promotion of unstable and insecure geopolitical situations on the other side of its borders, and then withdrawing our support if peace and stability return. The Pakistan military, meanwhile, uses the threat of India and the dispute over the Kashmir region to legitimize its leading role in Pakistan’s domestic politics and budget…. Ties between the Pakistani security establishment (or at a minimum individuals within it) and specific militant groups have not been severed. The militants that now form the core of the Pakistani and Afghan Taliban and the Pakistani Army have long-standing connections and shared interests….”

What may be recommended by way of therapy?

For starters, a book created under immense adversity at an American university almost 20 years ago: Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s, Edited and with an Introduction by one William E James and one Subroto Roy.  (Yes, I too once was as young as these authors are now but we   We may have produced a more substantial piece of work.)  A prominent Pakistani author in the book thanked me for creating it because, he said, it was the first time Pakistan had been treated seriously at a Western university, not merely seen as a source of real-estate or manpower for Anglo-American interests.

Besides the book, I would, most immodestly, recommend any fraction of my subsequent publications in the field, listed alphabetically as below and all most easily available at this site.

America’s Pakistan-India Policy
History of Jammu & Kashmir
India and Her Neighbours
India, Pakistan, Sri Lanka, Bangladesh Merchandise Exports
Iqbal & Jinnah vs Rehmat Ali in Pakistan’s Creation
Is Balochistan Doomed?
Justice & Afzal
Lal Masjid ≠ Golden Temple
Law, Justice and J&K
On Hindus and Muslims
Pakistan’s Allies
Pakistan’s Kashmir obsession
Racism New and Old
Saving Pakistan
Separation of Powers: India, the USA, Pakistan
Solving Kashmir: On an Application of Reason
The Greatest Pashtun: Khan Abdul Ghaffar Khan
Two cheers for Pakistan
Understanding Pakistan
What To Tell Musharraf

Etc

https://independentindian.com/2011/10/13/my-seventy-one-notes-at-facebook-etc-on-kashmir-pakistan-and-of-course-india-listed-thanks-to-jd/

In such matters, naiveté is too expensive a luxury to indulge in.

Subroto Roy

Postscript:  I had erroneously (and patronisingly) brushed all four authors as “young”; that has now been corrected; I hope it will not distract from the substance of the critique.

Pre-Partition Indian Secularism Case-Study: Fuzlul Huq and Manindranath Roy

The 1940 Lahore Resolution of the Muslim League did not mention the word “Pakistan” but is considered its political blueprint.  MA Jinnah’s political support lay among  the Muslim elite in Muslim-minority areas of India — he needed a show of support from the Muslim-majority provinces of Punjab and Bengal too, and indeed Sikandar Hyat Khan and AK Fuzlul Huq  came to draft and present the Lahore Resolution.

Fuzlul Huq was Prime Minister of undivided Bengal from 1937-1943.  On 11 May 1942, he led the bridegroom’s procession when my father went to wed my mother.  Here is Fuzlul Huq entering the car to do so, with my grandfather Manindranath Roy helping him into the car.  My mother’s family were surprised; they were Bengali Brahmins from Jamshedpur and did not quite know what to make of all this.  My mother, aged 16  at the time,  remembers she was non-plussed to find Fuzlul Huq ‘s bulky frame  seated for some reason between her and her new husband in the car on the return journey too!

Fuzlul Huq, having been a young colleague of Surendranath Roy in the Bengal Legislative Council, was a family friend and treated my grandfather, Manindranath Roy, with affection.  (Manindranath was a Justice of the Peace, but unlike his father was not political.)

Fuzlul Huq would apparently make requests of my grandmother for delivered meals during political confabulations; my grandfather’s family had been forced to leave Behala as the family home had been requisitioned by the military to be a hospital during the war, and they lived instead  in Ballygunge.  My father recalls cycling from there with the requested food to the political confabulations in the middle of the wartime blackout (Japanese aeroplanes had apparently reached Calcutta on their bombing missions).

Here too is a note dated 9 August 1945 from Fuzlul Huq to my grandfather thanking him for food and sending his “best blessings” to my grandmother — a Muslim, one of the founders of Pakistan, sends  his blessings to an orthodox Hindu Brahmin family and everyone remains completely cheerful and apolitical: such was normal Indian secularism in practice at the time.   Partition between India and Pakistan and the ghastliness that accompanied it, and the hatred and bloodshed that has followed, were all quite beyond anyone’s imagination at the time.

see also https://independentindian.com/life-of-mk-roy-19152012-indian-aristocrat-diplomat-birth-centenary-concludes-7-nov-2016/

Of a new New Delhi myth and the success of the University of Hawaii 1986-1992 Pakistan project (with 2015 Postscript)

A leading Indian commentator says in this morning’s paper (November 15 2008) about Manmohan Singh:

“His formulation on Kashmir (“I have no mandate to change borders, but we can make borders irrelevant”), became the obvious solution once he articulated it.”

Such may be how  modern New Delhi’s myths and self-delusions  get born — since in fact there is no evidence that Manmohan Singh  or any of his acolytes had anything to do with originating the Pakistan-India peace process in recent decades, just as there has not been that Manmohan Singh or  any of his acolytes had anything to do with originating the  Congress Party’s new economic thinking in 1990-1991.

(Lest I be misunderstood I should add at the outset that I have the highest personal regard for Dr Singh, he has been  in decades past a friend of my father’s, he at my father’s request consented to discuss economics with me in Paris in 1973 when I was a callow lad of 18, he himself has not claimed the originality that has been frequently mis-attributed to him by others for whatever reason, etc.)

The origins of  the idea  about India-Pakistan and J&K expressed by Manmohan Singh’s words are to be found in the last paragraph of the Introduction by the Editors of a book which arose from the University of Hawaii’s 1986-1992 Pakistan project, which read:

“Kashmir… must be demilitarised and unified by both countries sooner or later, and it must be done without force. There has been enough needless bloodshed on the subcontinent… Modern Pakistanis and Indians are free peoples who can voluntarily agree in their own interests to alter the terms set hurriedly by Attlee or Mountbatten in the Indian Independence Act 1947. Nobody but we ourselves keeps us prisoners of superficial definitions of who we are or might be. The subcontinent could evolve its political identity over a period of time on the pattern of Western Europe, with open borders and (common) tariffs to the outside world, with the free movement of people, capital, ideas and culture. Large armed forces could be reduced and transformed in a manner that would enhance the security of each nation. The real and peaceful economic revolution of the masses of the subcontinent would then be able to begin.”

The University of Hawaii’s Pakistan project, involving Pakistani and other scholars, including one Indian, led to the volume Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s published in Karachi, New Delhi and elsewhere. The book reached Nawaz Sharif and the Islamabad elite, including the most hawkish of Islamabad’s hawks, and Pervez Musharraf’s 2006 proposal on J&K, endorsed warmly by the US State Department,  may have grown from that paragraph. The Editors of the book, as economists themselves, decried the waste of resources involved in the Pakistan-India confrontation, saying it had

“greatly impoverished the general budgets of both Pakistan and India. If it has benefited important sections of the political and military elites of  both countries, it has done so only at the expense of the general welfare of the masses.”

Such words were impossibly bold in the  late 1980s-early 1990s.  However,  as stated in  a special editorial article “What to tell Musharraf”     in The Statesman of December 16 2006, they seemed  in recent years incomplete and rather naïve even to their author, who was myself, the only Indian in that project and the one who had conceived it. Most significantly, the position in international law in the context of historical facts had been wholly neglected. So had been the manifest nature of the Pakistani state (as it had become prior to the splendid 2008 elections).

The Hawaii project had involved top Pakistani economists, political scientists and other commentators but had deliberately chosen to keep the military and the religious clergy out of its chapters.  And it was the military and religious clergy who in fact came to dominate Pakistan’s agenda in the 1990s, at least until the 9/11 attacks in America indirectly  altered the political direction of the country.

The peaceful and mundane economic agenda outlined for Pakistan in the Hawaii project  has come into its own  by way of  relevance ever since.  A few weeks ago, the first trucks filled with fruit, woolens and many other goods traversed across the “Line of Control” in J&K for the first time in sixty years.   The Pakistan project that James and I led at the University of Hawaii in the late 1980s may be now declared a success.   Among other things, our book explained to Indians that there does exist a Pakistani point of view and perhaps explained to Pakistanis that there does exist an Indian point of view.  That  is something that had not existed before our book.

pak

Postscript 18 Nov 2015:  I have made clear at Twitter that I find the K.M. Kasuri book promoted and publicized in India by MS Aiyar, S Kulkarni, B Dutt and others in Delhi and Mumbai is mendacious where it is not merely self-serving.  Its clear intent is to get India to accept the (false) ISI/Hurriyat narratives about 1947, Kashmir, Bangladesh, terrorism etc.  Its purported ideas of demilitarisation and a borderless Kashmir are essentially lifted from my earlier 1980s work in America cited above — which I myself have rejected as naive since the Pakistani aggression in Kargil in 1999.  More anon.

Neglecting technological progress was the basis of my pessimism about Chandrayaan

I have been very pessimistic about Chandrayaan-I’s prospects and I am delighted to hear ISRO say it has been successful in placing the spacecraft in lunar orbit.

https://independentindian.com/2006/08/13/indias-moon-mission/

  I have had to wonder where, precisely, my pessimism was mistaken.  The answer is that I had completely left out in my thinking the vast technological progress that has taken place in telecommunications  and telemetry in the last 40 years.  I had surveyed the history of similar attempts by the USSR and USA in the 1960s and that was a history littered by failures of  many sorts.    Let aside rocket-launch failures, the other main sources of failure were in trajectories and in communications.  I have been deeply concerned that India was simply going to fall in the same pitfalls along the way.   But  what I neglected was that our attempt was being made forty years  later and the world has seen enormous technological progress during that time, especially in telecom.  The Soviet and American missions took place in the early 1960s when, for example, colour television hardly existed.  Today, in 2008, ISRO seems to have managed control and guidance systems that have been up to the (very complex) task of placing the spacecraft in lunar orbit.  Hats off to ISRO if it turns out they have succeeded, and cheers if they actually manage to get the scientific data they have wished to receive.

The same mistake that I made here in a  field not my own is what I have myself pointed out being made  in a different context regarding the current world financial crisis.  Viz., I said in my September 18 2008 Business Standard article “October 1929? Not!” that the world since the 1929 stock market crash had witnessed so much technological progress that the current crisis could not be compared to the one back then.

Subroto Roy,

November 9 2008

Become a US Supreme Court Justice! (Explorations in the Rule of Law in America)

 

For almost two decades, Since the summer of 1988 when *Philosophy of Economics* got accepted for publication, I have found myself in a saga exploring the Rule of Law, the nature of justice and freedom, and the nature of racial animosity and xenophobia in the United States. Judge it here for yourself. Files 1 and 2 marked SCOTUS are the front-matter and Petition for Writ of Mandamus as received by Circuit Justice Sandra Day O’Connor of the Supreme Court of the United States in February 1996. Files 3 to 10 constitute the Appendix of Record giving the rulings of the US District Court for the District of Hawaii and the US Court of Appeals for the Ninth Circuit, including especially in File 8 the “after-discovered” evidence of how my attorney had been covertly purchased by my opponent. An example of perjured trial testimony is contained in File 2. In September 2007, I asked my opponent — the Government of one of the 50 States — to voluntarily admit its wrongdoings to the present Chief Judge of the US District Court as is required by law. Government lawyers should, after all, try to act lawfully.

file1scotuswritofmandamuspetitionfronmatter

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Become a US Supreme Court Justice! (Explorations in the Rule of Law in America) Preface

For almost two decades, Since the summer of 1988 when *Philosophy of Economics* got accepted for publication, I have found myself in a saga exploring the Rule of Law, the nature of justice and freedom, and the nature of racial animosity and xenophobia in the United States. Judge it here for yourself. There are 10 pdf files in a password protected post of the same name. Please send me an email identifying yourself and offering any reason, including curiosity, that you may have to want to examine the matter.

Files 1 and 2 marked SCOTUS are the front-matter and Petition for Writ of Mandamus as received by Circuit Justice Sandra Day O’Connor of the Supreme Court of the United States in February 1996. Files 3 to 10 constitute the Appendix of Record giving the rulings of the US District Court for the District of Hawaii and the US Court of Appeals for the Ninth Circuit, including especially in File 8 the “after-discovered” evidence of how my attorney had been covertly purchased by my opponent. An example of perjured trial testimony is contained in File 2. In September 2007, I asked my opponent — the Government of one of the 50 States — to voluntarily admit its wrongdoings to the present Chief Judge of the US District Court as is required by law. Government lawyers should, after all, try to act lawfully.

For the files with the evidence please see https://independentindian.com/2008/11/09/become-a-us-supreme-court-justice-explorations-in-the-rule-of-law-in-america/

 

Protected: Jawaharlal Nehru invites my father to the Mountbatten Farewell 20 June 1948

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Rai Bahadur Umbika Churn Rai (1827-1902)

Umbika Churn Rai (1827-1902) my great great grandfather, was the founder of the modern Roy family of Behala. He himself was the great grandson of Raja Daibaki Nandan Rai who is said to have brought the family to Behala from Anarpur at the time of the Mahratta invasions. Daibaki Nandan was probably gifted land at Behala as was customary towards Brahmins. The legend is that upon his arrival, a famed band of local dacoits/robbers gave him an ultimatum to surrender the family’s jewels or fight. Daibaki Nandan stood and fought, had his arm cut off by a scimitar, and died bleeding. The family then fell materially for two generations and were “toll pandits” or “tree-shade teachers” under Jagat Ram Rai and Durga Prasad Rai.

Umbika Churn was Durga Prasad’s third son. He was a brilliant ambitious man, well-built and over 6 ft tall, who taught himself English, attended the madrassa started by Warren Hastings to learn Persian, and was well-versed in Sanskrit. Being knowledgeable of Sanskrit, Persian and English at a time of conflict of laws between English, Muslim and Hindu systems, he started as a translator in the Alipore Court under Sir Barnes Peacock (1810-1890). When Peacock went to the new Supreme Court in Calcutta in 1859 as its first Chief Justice, Umbika Churn went with him and rose to become the first Chief Translator. He was made a Rai Bahadur at the time of Queen Victoria’s Jubilee. Rai Bahadur Road in Calcutta is named after him.

The Golden Book of India published at the time of the Victoria Jubilee said Umbika Churn was a descendant of one Raja Gajendra Narayan Rai, Rai-Raian, a finance official under the Great Mughal Jahangir.

There will be much more about him here in due course. Most interesting is the fact that Chief Justice Peacock who had been  his mentor, when he returned to England in 1870, later wrote asking him and his eldest son Surendranath for help on behalf of his son, a lawyer, being sent to Calcutta from England. Suren, himself a lawyer at the time, wrote back and assured him he would help find the son work in Calcutta!

I shall upload that correspondence when I am able to.

From Facebook 18 June 2013:

How interesting to find an 1847 depiction of the famous Calcutta Madrassa originated by Warren Hastings (1732–1818) ! … My paternal great great grand-father breached Brahminical rules by insisting on learning Persian there — it was a time of much confusion of laws: Persian was still the, or at least an, official language of the courts, just giving way to English while Hindu law required Sanskrit… Umbik Churn Rai (1827-1902) had had Sanskrit lessons at home, acquired English, and now learnt Persian: he started as a young man as a Court translator in the Alipore Court, came to the attention of the newly arrived Judge, Sir Barnes Peacock (1810-1890), who took him with him in due course when he became the first Chief Justice of the new Calcutta High Court in 1859? 1862?, and made him Chief Translator … We have a fragmentary letter somewhere from Peacock, after retirement in England, written to Umbik’s son, my great grand father, saying his son was coming to Calcutta from England and could be please try to help him find work! A time of camraderie…

madrassa

And along with Hastings’s Madrassa came Hindu College too, also depicted as of 1847, which became in due course Presidency… Associated to it was a Hindu School too, and our family legend went that Vidyasagar (1820-1891) himself, took his friend Umbik’s eldest son, SN Roy (1860-1929), my great grand father, by hand as a child to attend it.

HinduCollege1847

One tiny prediction about the Obama Administration

I predict Ms Caroline Kennedy will be the US Ambassador to the Court of St James’s (i.e. to Britain).