Solving a Problem of State Tyranny: Director General Siddhanta Das: Have Forest Service Officers been threatening ordinary citizens, seizing their property, then threatening them with arrest if they complain?  If so, how many cases of wrongful seizure and wrongful imprisonment have WCCB caused among India’s villagers and forest dwellers since 1994? There is immediate need for an Ombudsman to independently review all cases in each of your Five Zones!  

22 June 2019

Shri Siddhanta Das, IFS, Director General Forest, Special Secretary Ministry of Environment, Forest, Climate Change MOEFCC,  Jor Bagh Road, New Delhi.

A. MOEFCC Vigilance Inquiry re WCCB ER RDD DRR Agni Mitra: Need for immediate appointment of Ombudsman in each of your Five Zones to review all WCCB cases of wrongful seizure/arrest.

B.  Illegal Seizure (“Quasi Dacoity”) of our lawful family property by MOEFCC Agents Since 2 May 2019; Harassment, Abuse, Intimidation, Coercion of a law abiding citizen: myself

Respected Shri Siddhanta Das,

A.

I received on 15 June 2019 a letter signed by Shri Vazir Singh Vari Singh, MOEFCC Under Secretary Vigilance stating a Vigilance Inquiry is initiated by your Ministry in regard to WCCB RDD DRR Agni Mitra and I am named as the “Complainant”.

If by “Vigilance Complaint” is meant eg bribery I have made no such complaint.  I have not said or implied WCCB RDD DRR asked to be bribed by me in any manner whatsoever.   If that is the charge you make of this Forest Officer it is something that has not been complained about by me and he gets a completely clean chit from me also.

What I have complained about is illegal mala fide behaviour including dissimulation and mendacity by WCCB RDD DRR Mitra both directly and through MOEFCC agent Arnab Basu.  

Shri Mitra apparently has 0 law degree, not even an LLB, yet he and others in his position in the Forest Service have been given vast prosecutorial powers, and command of Central Armed Police! Abuse of power and breach of Constitutionally guaranteed rights of India’s citizens is inevitable!  I have stated publicly on 8 May 2019

“When a stellar Forest Officer misuses the law tyrannically against Subroto Roy, Economist, who had Narendra Modi in his Deendayal Upadhyay audience in Washington in October 1984, and who six years later sparked with Rajiv Gandhi the 1991 reform, I dread to think what India’s villagers and forest dwellers may have been facing in similar situations.”

Mr Sanjay Hegde, Supreme Court Advocate, has said “tyranny is defined by a bad law arbitrarily applied”.

Is that the situation in part with Wildlife Protection Act in recent decades?

Has a modus operandi of Forest Service Officers been to threaten ordinary citizens with the Act, seize their property, then threaten them further with arrest if they complain, no matter how wrongful and misguided the official application of the Act?   

If so, how many cases of wrongful seizure and wrongful imprisonment have WCCB caused since 1994 in your Five Zones?  

I am old enough and experienced enough internationally not to have been intimidated by the vile illegal tactics I faced, and on 17 May I came to receive anticipatory bail from the Hon’ble High Court (which infuriated your Officer even further). 

But how many villagers and forest dwellers have suffered this kind of tyranny at hands of your MOEFCC WCCB Officers in recent years across all India?

From a public policy point of view, an Ombudsman should be immediately appointed by your Ministry for each of your Five  Zones to independently review every such case of wrongful seizure and wrongful arrest and imprisonment of innocent citizens due to your MOEFCC WCCB Officers’ blatantly misusing the law.

B.

In our case, I must request you, Sir, to exercise your authority as the highest executive officer of the Indian Forest Service, and direct the immediate safe return of all our lawful family property taken by WCCB ER RDD DRR since 2 May, and make an offer of compensation for damages suffered accordingly.

Here are the exact facts:

  1. My older sister Sucheta Roy (1947:1990) wed one Henri Lobert, a Belgian diplomat, in 1977 in Belgium, with consent of parents late MK Roy (1915:2012) late Purnima Roy (1925:2016). The couple were posted as Belgian diplomats in Africa and about 1978/79 they gifted my parents 5 items of African ivory, species Loxodonta.  In addition, Sucheta had some eight items of “jewelry” (no jewels). MK Roy had a walking stick with African ivory in it. All these items of African ivory owned by our family were entirely lawful when purchased, transported or gifted in the late 1970s and held by us ever since.

  2. In addition, MK Roy’s mother, my grandmother Nirmala Debi (1902:1976) had been married as a child bride in 1911 and brought into our home a few Indian ivory toys, including one or two small bullock carts (gorur gari). In addition, MK Roy acquired two Sea Shells in Bombay about 1952.

  3. Sucheta Roy died in Kolkata of breast cancer age 42 in January 1990. No African ivory has been owned by us except that which she had brought in her lifetime and gifted to her parents. No African or any other ivory or any other “animal products” has ever been sold by us. 

  4. (The legal ban of African ivory imports into India came into effect in Oct 1991 viz Article 39(c) of Wildlife Protection Act.)

  5. All these items came into my possession through inheritance at passing of my mother in 2016. On 17 May 2019, order of Division Bench of His Lordship Justice Joymalya Bagchi, His Lordship Justice Manojit Mandal, records in CRRM 4556 of 2019 u/s 438: “ Petitioner submits that the seized articles had come into his possession upon the death of his mother, Purnima Roy. Possession of the said articles does not violate the provisions of the Wildlife Act.”

  1. On 13.3.2019 a newspaper article appeared in Millennium Post or Statesman identifying a Government entity “Wildlife Crime Control Bureau” who intercepted some poached ivory in transit. This was the first tangible data that reached anyone in our family over thirty or forty years of a Government agency that may know how we could have our lawful African ivory items certified duly if needed.  I assumed this entity would have a legal cell of trained government lawyers who may advise accordingly, and sent on the same day 13.03.2019 this email to WCCB ER RDD DRR Agni Mitra:

Respected Sir,

This will inform you our family has possessed legal African ivory for forty years given to us by a family member, Ambassador Henri Lobert of the Belgian diplomatic service about 1978 or 1979.  Amb Lobert was the husband of my late sister Sucheta who died in 1990 at age 42 from breast cancer. The couple had no children.  The last known address of Amb Lobert was 33 Avenue Livingstone, Brussells.  He will be retired now at age 75+.  A photo of him, second from right in the front row, from about 1978/79 with President Kaunda of Zambia (third from right front row) is enclosed.  The ivory was gifted at that time by Amb Lobert to his mother in law, my late mother Smt Purnima Roy (1925:2016), wife of my late father Ambassador MK Roy Indian Foreign Service  (1915:2012) and is now owned by me as a gift from my mother before her passing two years ago.  The main item is a large tusk, a photo of which is enclosed.  It is an ornamental piece for hanging on a wall.  In addition there are three small ivory sculptures also from Africa in a glass cupboard, also from Amb Lobert in the late 1970s.  My late parents did not know anything about the need for registration of legal ivory items, and were not in any position to follow up.  I will be grateful to you if you or your staff could kindly inform me how this may be done by myself.  Thanking you”.

 

  1. Instead a Stasi-like tyranny started against me since that date! As Mr Sanjay Hegde has said “tyranny is defined by a bad law arbitrarily applied”.  Wildlife Protection Act 1972 Articles 39(c), 50, 53, 57 are each in my favour, yet have been wantonly misapplied by WCCB RDD DRR Agni Mitra and his staff member Arnab Basu.

(a)      Mr Mitra in a phone conversation after my email declared I was a “confessed criminal” and “law would take its own course” in respect of our family’s “illegal ivory”.

(b)     I was put under secret surveillance; my neighbours at PQR Apartments (where I am in conflict with the Management over financial irregularity/corruption issues in Alipur Court) were solicited for negative comments behind my back; my phone email whatsapp were tapped, I believe, by Nizam Palace.

(c)      I offered WCCB in March 2019 to visit by appointment stating I was deeply involved in a civil matter in High Court under strict deadlines from His Lordship Justice Sambuddha Chakrabarti and His Lordship Justice Abhijit Gangopadhyay.  WCCB did not respond.  On 1 May WCCB phoned asking for an appointment.  It was agreed they would visit on 8 May at 4 pm, allowing me to meet deadlines with the above mentioned Division Bench. WCCB broke that agreement immediately and raided me on 2 May 2019, causing me to fail to meet my High Court deadline and have to move Hon’ble Court for Extension.

(d)     I had myself declared our five main items of lawfully held African ivory and offered to allow WCCB to bring their own lock and key and hold these items in a trunk I would provide at my home.  No they had to seize these, and force me to sign a Seizure List under coercion or they would arrest me immediately.

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Please check the videograph how gleeful MOEFCC raiding party became when weighing our lawful African ivory and declaring it to be “Government property” – as if they would be receiving a share of proceeds! That is why I say “QuasiDacoity”  — by Government agents!

 (e)     WCCB raiding party of some ten persons had three Central Armed Police not in uniform.  These persons videographed my home and proceedings in breach of my personal security.  A second raid occurred on 30 May 2019 of four persons including the same three CAP.  I allowed open access to our Godrej safe which contained family jewelry.  I pleaded not to videograph inside the Godrej safe opened by me for inspection. 

But Arnab Basu explicitly instructed Central Armed Policeman Tamid Khan to videograph all items including jewelry inside the Godrej safe that had nothing to do with any ivory! Why? My security and privacy have been badly breached by these unknown agents of your MOEFCC! Dacoity by their friends next?

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(f)     During this second raid on 30 May 2019, Arnab Basu desecrated by deliberately touching for inspection  ashes of my late parents in my almirah though I said that is what they were.

(g)      Wildlife Crime Control Bureau guidelines 2013 states:

“wildlife offenders can be divided into (a) poachers or hunters who kill or capture wild animals or collect wild plants (b) persons buying hunted/captured animals or collected plants for own consumption or trade”.

Wildlife Protection Act 1972 states  “PREVENTION AND DETECTION OF OFFENCES” “50…. Power of entry, search, arrest and detention.—(1) …  Director… if he has reasonable grounds for believing that any person has committed an offence against this Act,— … conduct search or inquiry or enter upon and search any premises…  seize any animal article…”

(h) Wildlife Protection Act states at Article 53: “Punishment for wrongful seizure. – If any person, exercising powers under this Act, vexatiously and unnecessarily seizes the property of any other person on the pretence of seizing it for the reasons mentioned in sec. 50, he shall, on conviction, be punishable…”

(i)      WCCB RDD DRR Agni Mitra and Wildlife Inspector Arnab Basu were fully aware, and admitted they knew, I was not a “poacher/hunter/trader”. They had no reasonable grounds for their home invasions.

(j)       I responded to Summons as per directions of Hon’ble High Court Division Bench, reported for interrogation on 24 May 2019 at Nizam Palace.  There WCCB RDD DRR Agni Mitra denounced the fact I received anticipatory bail under Sec 438, threatened to arrest me anyway, and declared there would be a second “thorough” search of my premises, especially “Documents Search” – because WCCB MOEFCC believed my late parents had gotten our ivory certified without my knowledge and a second search could yield these documents which I did not know about! During the second search on 30 May 2019, Arnab Basu explicitly ordered CAP Constable Sudip Ghosh to go through all our home “dolil” ownership documents to find such ivory certification! Obviously these did not exist or I would not have sent my original email of 13.3.2019!  

Why such lies and dissimulation?  Satyameva Jayathe is our National Motto!  Why is Indian Forest Service indulging in mendacity?

(k)     I found six possibly African ivory “jewelry” items of my late sister and a fur coat in an almirah; I offered on 24 May 2019 to bring them for inspection myself to Nizam Palace on 29 May 2019.  I did so.  The coat was returned as “some foreign species not covered by the Wildlife Act”.  That is exactly the situation with African ivory Loxodonta before October 1991 I said.  Arnab Basu after consulting WCCB RDD DRR Agni Mitra stated “We will let the Magistrate decide what is African ivory and what is Indian ivory”. Shri Mitra and Shri Basu are apparently zoologists not trained in law yet knowing something to be African ivory they plan not to tell the Magistrate!  That is suppressio veri/suggestion falsi!  Lying again!

(l)       I surrendered on 29 May 2019 my grandmother’s 2 Indian ivory toys (gorur gari); these were broken and were made into 12 pieces and I was asked: “Where did you procure these ivory items and where were you going to sell them?” The mala fide is obvious.!

D7v9tyKUcAA6Bi-

(m)    Finally at about 1830 29 May 2019 in office of WCCB RDD DRR Agni Mitra with Arnab Basu present I was abused and shouted at and sought to be intimidated by Mr Mitra forcing me to make signatures I did not agree to.  The man was livid and nearly out of control.  The thought occurred to me he was a firearms officer, and if there was a firearm in his desk-drawer he could point it at me and shoot me dead there in his white hot fit of rage. I did not see any firearm.  Mr Mitra vowed he would unleash all Central Government forces at Nizam Palace against me, mentioning especially ED and BSF!  He also himself mentioned my “neighbours” at PQR Apartments “hating me”, but did not ask me why, namely the Alipur Court 144 case I had brought against two of the Management!

 

(n)     At age 64, I was not offered a glass of water or a toilet break in a four hour interrogation on 29 May 2019.  When I was finally released about 7 pm, lifts were off and lights of Nizam Palace were half-out; I descended six floors by stairs fully expecting to be assaulted by unknown persons on the way in view of Mr Mitra’s livid abuse minutes earlier. I took off my spectacles and put them in my pocket in case I was attacked.

(o)      Next day during the second home invasion and purported Document Search, my housekeeper was interviewed. Arnab Basu had demanded the day earlier that she be kept long after her hours; I said no; you can come 0930 to 1330 and talk to her. They complied.  She has been with us seven years.  The main question was: had she seen any visitors or couriers indicating I was trading ivory?  She stated, No not at all. 

Kindly Sir, Mr Director General, end this MOEFCC WCCB tyranny and return our lawful property safely and immediately with an offer of compensation as a normal civilised government would.  And kindly consider appointing as I suggest Ombudsmen in each of your Five Zones to review all such cases where villagers, forest dwellers or other citizens of India have been wrongfully abused by Indian Forest Service Officers as I have experienced myself.

Your MOEFCC colleagues Shri Manmohan Singh Negi, Smt Anuradha Singh, Shri Ritesh Kumar Singh have known about the situation from me in writing since 11 May 2019.

Yours faithfully

Subroto Roy

 

 

15 June 2019  Quash the False Charges by WCCB, MOEFCC, Mr Sur!

Madhu Sudhan Sur Esq, Add Public Prosecutor, West Bengal

Vipul Kundalia Esq, for
WCCB DDR ER Agni Mitra, Wildlife Inspector Arnab Basu

Shri Manmohan Singh Negi, IFS, Additional Director Wildlife

Smt Anuradha Singh, IAS, MOEFCC

Shri Ritesh Kumar Singh, IAS, MOEFCC

Hon’ble Minister, MOEFCC

Shri Ranjan Halder, OC, Ballygunge Police Station

Learned Commissioner, Anuj Sharma, IPS, Kolkata Police


A) Illegal Seizure (Quasi “Dacoity”) of our lawful family property by MOEFCC Agents Since 2 May 2019

B) Harassment, Abuse, Intimidation of a law abiding citizen: myself

15 June 2019

Dear Additional Public Prosecutor Madhu Sudhan Sur,

Hon’ble Division Bench His Lordship Dipankar Datta and His Lordship Saugata Bhattacharyya appeared naturally surprised when on 11 June 2019  you declared in Court “We have no role in this matter”.  Please be advised of the facts of the case as follows and reconsider if you have a role or not according to law.  I believe the facts are such your role is to immediately quash the false case that has been created against me by WCCB, MOEFCC.

Our lawful African ivory held since 1970s

  1. My older sister Sucheta Roy (1947:1990) wed one Henri Lobert, a Belgian diplomat, in 1977 in Belgium, with consent of parents late MK Roy (1915:2012) late Purnima Roy (1925:2016). The couple were posted as Belgian diplomats in Africa and about 1978/79 they gifted my parents 5 items of African ivory, species Loxodonta.  In addition, Sucheta had some eight items of “jewelry” (no jewels). MK Roy had a walking stick with African ivory in it. All these items of African ivory owned by our family were entirely lawful when purchased, transported or gifted in the late 1970s and held by us ever since.

  1. In addition, MK Roy’s mother, my grandmother Nirmala Debi (1902:1976) had been married as a child bride in 1911 and brought into our home a few Indian ivory toys, including one or two small bullock carts (gorur gari). In addition, MK Roy acquired two Sea Shells in Bombay about 1952.

  1. Sucheta Roy died in Kolkata of breast cancer age 42 in January 1990. No African ivory has been owned by us except that which she had brought in her lifetime and gifted to her parents. No African or any other ivory or any other “animal products” has ever been sold by us.

  1. (The legal ban of African ivory imports into India came into effect in Oct 1991 viz Article 39(c) of Wildlife Protection Act.)

  1. All these items came into my possession through inheritance at passing of my mother in 2016. On 17 May 2019, order of Division Bench of His Lordship Joymalya Bagchi, His Lordship Manojit Mandal, records in CRRM 4556 of 2019 u/s 438:

 “ Petitioner submits that the seized articles had come into his possession upon the death of his mother, Purnima Roy. Possession of the said articles does not violate the provisions of the Wildlife Act.”

 

Illegal/Malafide Behaviour of WCCB, MOEFCC

  1. On 13.3.2019 a newspaper article appeared in Millennium Post or Statesman identifying a Government entity “Wildlife Crime Control Bureau” who intercepted some poached ivory in transit. This was the first tangible data that reached anyone in our family over thirty or forty years of a Government agency that may know how we could have our lawful African ivory items certified duly if needed.  I assumed this entity would have a legal cell of trained government lawyers who may  advise accordingly, and sent on the same day 13.03.2019 this email to WCCB RDD Agni Mitra Indian Forest Service:

Respected Sir,

This will inform you our family has possessed legal African ivory for forty years given to us by a family member, Ambassador Henri Lobert of the Belgian diplomatic service about 1978 or 1979.  Amb Lobert was the husband of my late sister Sucheta who died in 1990 at age 42 from breast cancer. The couple had no children.  The last known address of Amb Lobert was 33 Avenue Livingstone, Brussells.  He will be retired now at age 75+.  A photo of him, second from right in the front row, from about 1978/79 with President Kaunda of Zambia (third from right front row) is enclosed.  The ivory was gifted at that time by Amb Lobert to his mother in law, my late mother Smt Purnima Roy (1925:2016), wife of my late father Ambassador MK Roy Indian Foreign Service  (1915:2012) and is now owned by me as a gift from my mother before her passing two years ago.  The main item is a large tusk, a photo of which is enclosed.  It is an ornamental piece for hanging on a wall.  In addition there are three small ivory sculptures also from Africa in a glass cupboard, also from Amb Lobert in the late 1970s.  My late parents did not know anything about the need for registration of legal ivory items, and were not in any position to follow up.  I will be grateful to you if you or your staff could kindly inform me how this may be done by myself.  Thanking you”.

 

  1. Instead a Stasi-like tyranny started against me since that date! Mr Sanjay Hegde, Supreme Court Advocate, has said “tyranny is defined by a bad law arbitrarily applied”.  Wildlife Protection Act 1972 Articles 39(c), 50, 53, 57 are each in my favour, yet have been wantonly misapplied by WCCB DRR Agni Mitra and his staff member Arnab Basu.

  • Mr Mitra in a phone conversation after my email declared I was a “confessed criminal” and “law would take its own course” in respect of our family’s “illegal ivory”.

  • I was put under secret surveillance; my neighbours at PQR Apartments (where I am in conflict with the Management over financial irregularity/ corruption issues in Alipur Court) were solicited for negative comments behind my back; my phone email whatsapp were tapped, I believe, by Nizam Palace.

  • I offered WCCB in March 2019 to visit by appointment stating I was deeply involved in a civil matter in High Court under strict deadlines from His Lordship Justice Sambuddha Chakrabarti and His Lordship Abhijit Gangopadhyay. WCCB did not respond.  On 1 May WCCB phoned asking for an appointment.  It was agreed they would visit on 8 May at 4 pm, allowing me to meet  deadlines with the above mentioned Division Bench. WCCB broke that agreement immediately and raided me on 2 May 2019, causing me to fail to meet my High Court deadline and have to move Hon’ble Court for Extension.

  • I had myself declared our five main items of lawfully held African ivory and offered to allow WCCB to bring their own lock and key and hold these items in a trunk I would provide at my home. IMG-20190501-WA0003

  • No they had to seize these, and force me to sign a Seizure List under coercion or they would arrest me immediately. Please check the videograph how gleeful MOEFCC raiding party became when weighing our lawful African ivory and declaring it to be “Government property” – as if they would be receiving a share of proceeds! That is why I say “QuasiDacoity”  — by Government agents!

20190502_175544

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  • Ballygunge Thana was informed by me on 1 May 2019 but SI Rahman (also involved in the Apartment Management Irregularity issue) did not inform OC Halder and told me on the phone they had no role.

  • WCCB raiding party of some ten persons had three Central Armed Police not in uniform. These persons videographed my home and proceedings in breach of my personal security.  A second raid occurred on 30 May 2019 of four persons including the same three CAP.  I allowed open access to our Godrej safe which contained family jewelry.  I pleaded not to videograph inside the Godrej safe opened by me for inspection.  But Arnab Basu explicitly instructed Central Armed Policeman Tamim(?) to videograph all items including jewelry inside the Godrej safe that had nothing to do with any ivory! My security and privacy have been badly breached by these unknown agents of MOEFCC! 

  • During this second raid on 30 May 2019, Arnab Basu desecrated by deliberately touching for inspection ashes of my late parents in my almirah though I said that is what they were.

  • Wildlife Crime Control Bureau guidelines 2013 states:

“wildlife offenders can be divided into (a) poachers or hunters who kill or capture wild animals or collect wild plants (b) persons buying hunted/captured animals or collected plants for own consumption or trade”.

Wildlife Protection Act 1972 states  “PREVENTION AND DETECTION OF OFFENCES” “50…. Power of entry, search, arrest and detention.—(1) …  Director… if he has reasonable grounds for believing that any person has committed an offence against this Act,— … conduct search or inquiry or enter upon and search any premises…  seize any animal article…” Wildlife Protection Act states at Article 53: “Punishment for wrongful seizure. – If any person, exercising powers under this Act, vexatiously and unnecessarily seizes the property of any other person on the pretence of seizing it for the reasons mentioned in sec. 50, he shall, on conviction, be punishable…”

  • WCCB DRR Agni Mitra and Wildlife Inspector Arnab Basu were fully aware, and admitted they knew, I was not a “poacher/hunter/trader”. They had no reasonable grounds for their home invasions.

  • I responded to Summons as per directions of Hon’ble High Court Division Bench, reported for interrogation on 24 May 2019 at Nizam Palace. There WCCB DRR Agni Mitra denounced the fact I received anticipatory bail under Sec 438, threatened to arrest me anyway, and declared there would be a second “thorough” search of my premises, especially “Documents Search” – because WCCB MOEFCC believed my late parents had gotten our ivory certified without my knowledge and a second search could yield these documents which I did not know about! During the second search on 30 May 2019, Arnab Basu explicitly ordered CAP Constable Sudip Ghosh to go through all our home “dolil” ownership documents to find such ivory certification! Obviously these did not exist or I would not have sent my original email of 13.3.2019!

  • I found six possibly African ivory “jewelry” items of my late sister and a fur coat in an almirah; I offered on 24 May 2019 to bring them for inspection myself to Nizam Palace on 29 May 2019. I did so.  The coat was returned as “some foreign species not covered by the Wildlife Act”.  That is exactly the situation with African ivory Loxodonta before October 1991 I said.  Arnab Basu after consulting WCCB DRR Agni Mitra stated “We will let the Magistrate decide what is African ivory and what is Indian ivory”. Mr Mitra and Mr Basu are apparently zoologists not trained in law yet knowing something to be African ivory they plan not to tell the Magistrate!  That is suppressio veri/suggestion falsi!

  • IMG_20190529_135823 (2)

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  • I surrendered on 29 May 2019 my grandmother’s 2 Indian ivory toys (gorur gari); D7v9tyKUcAA6Bi-

  • these were broken and were made into 12 pieces and I was asked: “Where did you procure these ivory items and where were you going to sell them?”

  • Finally at about 1830 in office of WCCB DRR Agni Mitra with Arnab Basu present I was abused and shouted at and sought to be intimidated by Mr Mitra forcing me to make signatures I did not agree to. The man was livid and nearly out of control.  The thought occurred to me he was a firearms officer, and if there was a firearm in his desk-drawer he could point it at me and shoot me dead there in his white hot fit of rage. I did not see any firearm.  Mr Mitra vowed he would unleash all Central Government forces at Nizam Palace against me, mentioning especially ED and BSF!  He also himself mentioned my “neighbours” … “hating me”, but did not ask me why, namely the Alipur Court 144 case I had brought against two of the Management!

  • At age 64, I was not offered a glass of water or a toilet break in a four hour interrogation on 29 May 2019. When I was finally released about 7 pm, lifts were off and lights of Nizam Palace were half-out; I descended six floors by stairs fully expecting to be assaulted by unknown persons on the way in view of Mr Mitra’s livid abuse minutes earlier. I took off my spectacles and put them in my pocket in case I was attacked.

  • Next day during the second home invasion and purported Document Search, my housekeeper was interviewed. Arnab Basu had demanded the day earlier that she be kept long after her hours; I said no; you can come 0930 to 1330 and talk to her. They complied. She has been with us seven years.  The main question was: had she seen any visitors or couriers indicating I was trading ivory?  She stated, No not at all.  

  • The role of Ballygunge Police has been mixed. To his credit OC Halder allowed GD to be filed on 3 May 2019, allowing application under 438 to be filed.  To his discredit, SI Rahman said to me my facts were “bogus facts”, without comprehending them.     

Please be advised, Sir, that I fully expect Kolkata Police and  Office of Public Prosecutor to first and foremost protect the rights of a law-abiding citizen as myself against this MOEFCC tyranny unleashed by WCCB, Nizam Palace.  I have had to naturally want to keep everything in the public domain in the national interest.  Viz  https://independentindian.com/2019/05/04/how-to-get-harassed-and-even-arrested-jailed-by-indias-stasi-forest-officials-without-being-criminal-subroto-roy-vs-union-of-india-harsha-vardhan-agni-mitra-et-al/

Yours faithfully

Subroto Roy, PhD (Cantab.) BScEcon (London)

 

 

3 June 2019 Please return our lawful African Ivory Mr Negi!

Today’s paper has fine news that the Wildlife Crime Control Bureau of India’s Forest Service has apprehended three people transporting cruelly a baby lion and three rare langurs! 

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The Indian Forest Service’s protection of endangered wildlife and apprehension of hunters poachers traders is to be applauded. 

Now I trust they will see what a ghastly error they have made attacking our home exactly a month ago 2 May 2019, then again a second time on 30 May 2019 to forcibly take away our lawful African ivory of forty years…! 

including my father’s beautiful walking stick,

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my mother’s and sister’s jewelry…

 

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and these

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They had demanded my housekeeper remain long after hours for them to arrive.  I said no, you can come when she is here and interview her as you wish.  They complied.

They demanded to know from her if I was involved in selling jewelry.  No she said, she had not seen any visitors or couriers.

They have misunderstood and misused every single article of the Wildlife Protection Act against me!  Article 39 c, Article 50, Article 53, Article 57!

Eg Article 57 seems to put the burden of proof on an accused… but that is only at trial not during inquiry when there is a presumption of innocence…!

Did they have the decency to ask me what I intended to do with the female jewelry?  Of course they did not.

Had they done so, I would have said these would likely be earmarked in due course for my late sister’s three grand daughters from her first marriage.  End of story.

They returned my sister’s fur coat when I took to declare it on 29 May 2019…

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How come you are returning it? I asked…

“It is some foreign species not covered under the Wildlife Protection Act” they said…

Exactly!  African ivory imported into India before 1991 was the same!  All our African ivory items came from my sister and her husband Henri Lobert in the late 1970s… long before her death in 1990!  

I was harshly abused and threatened by a livid, almost out of control, Forest Service Officer (a firearms officer I’m sure, the thought went through my mind though fortunately no firearm was to be seen) 1830, date 29 May 2019…

“I will break you!”

“I will bring you down!”

“I will destroy you!”

I was made to hear…

and all the Central Government agencies at Nizam Palace would be unleashed upon me…

“Enforcement Directorate”, including the Border Security Force… whom I had praised in discussing Mr Trump’s border problems!

Please get this harassment to stop Mr Negi from your staff.  Please at once return our ivory and other items (2 sea shells from Bombay c 1952!) safely, and offer due compensation like a civilised government would.  Thank you.

Subroto Roy

2 June 2019

 

 

24 May 2019

Shri Agni Mitra, Indian Forest Service
cc:
Smt Natarajan
Dr Harsh Vardhan
Shri Ritesh Singh
Smt Anuradha Singh
Shri Manmohan Singh Negi

Agni Mitra WCCB RDD

Arnab Basu  Wildlife Inspector

Nizam Palace

Dear Mr Mitra and Mr Basu,

The Hon’ble Division Bench of His Lordship Justice Joymalya Bagchi and His Lordship Manojit Mandal has directed me to cooperate with you and make myself available for interrogation, and I have done so today for three hours; I have offered also to bring next week to your office a few female clothing items & jewelry from decades ago from our home which may or may not be genuine “animal products”.  

Their Lordships as you know have set further hearing on 10 June 2019 in the matter.  

In view of Their Lordships orders of 17.05.2019 and 23.05.2019, would it not be Contempt of Court on your part if

a) you arrest me as you threatened in your office in discussing the meaning of sec 438, only to be released by a lower court on bail?

b) you start to intimidate my domestic help Smt RJ whose phone number you insisted on taking from me (she has many household responsibilities with her family, and lives far away having to commute with great difficulty for her income)? 

 c) you insist on a second arbitrary “search and seizure” at my home as you have stated you want to do which, like the first, would lack “reasonable grounds” required under Article 50 of the Wildlife Protection Act and hence be wrongful and vexatious under Article 53?

Today I have given you the new data of my sister’s marriage in Belgium in 1977 to Henri Lobert, and her death certificate in Kolkata in 1990.  The items were gifted by her and her husband to her parents in the late 1970s, long before 1991.

As stated to you and the Hon’ble High Court, our African ivory items have always been lawfully owned since the late 1970s from when they came to my parents’ possession, and  I myself declared them to you freely the same day I came to know of the existence of a Government entity named Wildlife Crime Control Bureau. 

It is true my late parents failed to do any paperwork on them but that is largely because they never discovered from the Government what was to be done. 

There is no Wildlife or any other crime by us in this regard or any other. Article 39 c, Article 50, Article 53, Article 57 of the Wildlife Protection Act are all in my favour in the circumstances of this case.

Please reflect upon the above.

I repeat: please be good enough to return our lawful African ivory that has been wrongfully seized by you.  

Sincerely

 

Subroto Roy

PostScript:

What reason did you give to want to raid my home again? Document search! You actually said my parents (who were 81,71 when I returned to India permanently) may have gotten ivory certification papers I did not know about! So the Government could find them at my home!

https://twitter.com/subyroy/status/1131969029961216000

8 May 2019

Solving a Problem of State Tyranny: Open Letter to Forest Service Officer Agni Mitra (who seems to have filled himself with hatred towards me for no good reason)

Shri Agni Mitra, Indian Forest Service

cc: 

Smt Natarajan

Dr Harsh Vardhan

Shri Ritesh Singh

Smt Anuradha Singh

Shri Manmohan Singh Negi

Hello Mr Mitra,

Would you like to come for a cup of tea and an informal chat this Rabindra Jayanti, bringing any questions and also your colleague Forest Ranger MK Deb?  The invitation is my first response to your summons to attend an interrogation by you on 24 May at Nizam Palace.

My letter is public because the issues are important, and because this is the Internet age and everyone can and should see what transpires.  Hence the current Minister, a previous Minister, and current senior Forest officials are also tagged by email, and the whole document is public for the world to see, at Twitter too.

IMG-20190501-WA0003

Regarding our family’s 5 items of old African ivory held since the late 1970s that you forcibly seized from my home on 2 May 2019, you have been threatening me with arrest and jail for weeks now, you called me on the phone a “confessed criminal” and declared how the “law will take its course” etc.

The fact actually is I am completely innocent!

You are apparently a stellar young officer who went to Narendrapur and Presidency, both of which I’ve visited, and indeed whose eminent alumni include Bibek Debroy, Mr Modi’s adviser, who started with me at Cambridge in 1976 under the same Professor Hahn, and who visited our then home in Behala about 1979/80 for luncheon once just about when these ivory items had come to us.  Your colleague Forest Ranger Deb spoke highly of you and did not like me disparaging you while the forcible search and seizure was taking place at my home. Hence my invitation to tea and a chat today.

For myself, my experience has been that you have been acting tyrannically and unconstitutionally, misunderstanding and misusing the law you keep quoting against me.  Definitely you have apparently 0 law degree, not even an LLB, but you and others in your position in the Forest Service have been given vast prosecutorial powers, and command of large Central Armed Police forces.

Abuse of power and breach of Constitutional rights of individual citizens is inevitable.

When a stellar Forest Officer misuses the law tyrannically against Subroto Roy, Economist, who had Narendra Modi in his Deendayal Upadhyay audience in Washington in October 1984, and who six years later sparked with Rajiv Gandhi the 1991 reform, I dread to think what India’s villagers and forest dwellers may have been facing in similar situations.

So we are in a War or Peace situation.  Finding a modus vivendi by diplomacy is always better than bruising each other fighting.  Hence my invitation to tea to you and Ranger Deb along with any questions both of you may have informally.

From my side, if you accept my invitation I will show you my specific legal case against you!

Namely, the warrantless search & seizure that you love so much to quote requires in its preface

**reasonable grounds for believing that any person has committed an offence against this Act**.

Now who are such offenders against this Act?  Your own “Wildlife Crime Control Bureau” document of 2013 itself states

“wildlife offenders can be divided into

(a) poachers or hunters who kill or capture wild animals or collect wild plants

(b) persons buying hunted/captured animals or collected plants for own consumption or trade”

I myself had declared my mother’s ivory to you! Neither of us ever a “poacher/hunter/buyer”!

You had no “reasonable grounds” for ordering your forcible warrantless search and seizure at our home.  

Neither my late mother nor I qualify as prima facie “wildlife offenders” by your own Government definition!

Since you have behaved lacking such “reasonable grounds” for warrantless search and seizure from our home, may I not pray to a Court that this is a case of wrongful seizure under Article 53?

“53. Punishment for wrongful seizure. – If any person, exercising powers under this Act, vexatiously and unnecessarily seizes the property of any other person on the pretence of seizing it for the reasons mentioned in sec. 50, he shall, on conviction, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.”

The date of my email 13 March 2019 was the first date I came to know, from a newspaper report, of existence of a Government entity named “Wildlife Crime Control Bureau”.  My email fully declared our African ivory as a gift from decades past, admitted our failure to register these for ignorance or legal obscurity over the years, sought information how to proceed towards this now.

I said:

“Respected Sir,

This will inform you our family has possessed legal African ivory for forty years given to us by a family member, Ambassador Henri Lobert of the Belgian diplomatic service about 1978 or 1979.  Amb Lobert was the husband of my late sister Sucheta who died in 1990 at age 42 from breast cancer. The couple had no children.  The last known address of Amb Lobert was 33 Avenue Livingstone, Brussells.  He will be retired now at age 75+.  A photo of him, second from right in the front row, from about 1978/79 with President Kaunda of Zambia (third from right front row) is enclosed.  The ivory was gifted at that time by Amb Lobert to his mother in law, my late mother Smt Purnima Roy (1925:2016), wife of my late father Ambassador MK Roy Indian Foreign Service  (1915:2012) and is now owned by me as a gift from my mother before her passing two years ago.  The main item is a large tusk, a photo of which is enclosed.  It is an ornamental piece for hanging on a wall.  In addition there are three small ivory sculptures also from Africa in a glass cupboard, also from Amb Lobert in the late 1970s.   

My late parents did not know anything about the need for registration of legal ivory items, and were not in any position to follow up.  I will be grateful to you if you or your staff could kindly inform me how this may be done by myself.  Thanking you”

This is the first information you ever received about our five items of old African ivory (four are mentioned because one had been forgotten inside a glass cupboard) that we have lawfully had in our home for forty years, which you wrongfully seized by brute force on 2 May 2019.

To be a criminal one has to have done something illegal and with criminal intent.  Neither my late mother nor I after her death did anything criminal with the African ivory she had been gifted by her Belgian diplomat son-in-law Henri Lobert some 40 years ago.

At some point or perhaps points in time, maybe 30 years ago — the Government of India does not know itself and is certainly unable to tell anyone now — people in India holding “animal products” were required to get Government certifications.

But the certification procedure was then, and remains today, totally obscure even to the Government, to lawyers, to law enforcement authorities, to everyone, except perhaps chosen “Dealers”, who knows?

Into that breach of Government-created obscurity stepped the natural abuse of power… So a class of normal law abiding citizens became criminals for holding “animal products” without due certification, except very few ordinary people knew what that due certification was or how it was to be gotten.

By the Government’s arbitrary law making — reversing the burden of proof so the holder of eg ivory has to prove he/she was not holding it criminally — people started to live in fear of blackmail or sudden “search and seizure” by officials…

I had not returned permanently to India, and advised my elderly parents to get our African ivory certified but they remained clueless how to do so and I was unable to find out as well.

It was only during the 2 May 2019 home invasion by the Government officials sent by you that I found out vaguely what the procedure might have been!

Besides my sister died of breast cancer in 1990 age 42 and my parents were in shock ever since and perhaps unwilling to think about the ivory she and her husband had brought them as gifts years earlier.

My mother died in 2016 the lawful owner of African ivory she had received as a gift in the late 1970s which she had admittedly failed to get certified by the Government of India when the Government had demanded it, because she and my father had remained clueless what was required of them — and the Government to this day cannot say what that was and when! 

The African ivory items came to my possession. On 13.3.2019 I chanced upon a news report which mentioned your “Wildlife Crime Control Bureau”, and felt that seemed the place to start, and I declared our ivory to you requesting information how to proceed further for certification…

Instead your Stasi-like tyranny took over at once!  And I have coined the hashtag  #IndiasStasi at Twitter!  You denounced me as a “criminal who had confessed”, advised I get a lawyer, and promised sudden warrantless search of my home!

That sudden warrantless search happened on 2 May 2019, with you sending some 8 or 10 people to my home including three Central Armed Police out of uniform…

My local police station had been informed by me but did not respond… My lawyers advised I be passive which I agreed was wise…

It was during the 3 or 4 hour home invasion by these officials that I asked them what the certification process was, and finally found that out for the first time in thirty years!

You confiscated our African ivory of forty years because we obviously did not have the papers we had not known over thirty years how to get!

I was made to sign a form (the “Seizure List”) under duress in my own home.

I agreed I would sign if I was allowed to write my comment “illegal seizure’”, and state “Wrongful, Vexatious, Unnecessary Seizure of Property violating Article 53 Wildlife Protection Act 1972”.

No, your officials said, there is no room for any comment on the form, only your signature. I refused.  You threatened “If you don’t sign the form, we will take ‘punitive action’… ie arrest and jail me immediately was the implication, and I was urged to sign especially by the “Central Armed Police” officials out of uniform. Classic Stasi techniques in my own home, thought I… !

Now after the sudden home invasion on 2 May 2019, I was warned by legal friends to expect to be arrested & jailed… Your letter summoning me to interrogation on 24 May at least indicates there is no sudden arbitrary arrest being threatened until then.

But someone tell me kindly at what point did my mother become a criminal for holding her ivory without new papers the Government demanded (no one knows when or how) and then myself? Arresting and jailing me for trying to declare gifted and inherited African ivory from the late 1970s at the first opportunity we knew how to?  Did my 13.3.2019 email make me a criminal confessing a crime, as you  #IndiasStasi have claimed? Of course not. Was my mother a criminal at the time she died or any time earlier for not getting her African ivory certified in some obscure way at some uncertain time or times in years past stated by the Government somewhere, when the Government today is completely unable to specify what or when the procedure was?  Hardly.

The Government’s law mentions “Dealers” and does not even seem to mention ordinary citizens owning “animal products” as my mother had done!

“Kindly keep our family property unlawfully seized by you yesterday safe and secure. Kindly be good enough to send me by email or courier a digital copy of the complete videograph records taken by two Central Armed Police personnel in your team yesterday during my home invasion.”

Oh yes two of your Central Armed Police officers breached my Fundamental Right to Privacy for about the whole time they were here by videographing inside my home for two or three hours.

Please come to tea.  I also do not know what the “Compounding” clauses of payment of a fine or penalty refer to, and you can clarify that.  I do not dispute that we have been (slightly) negligent in failing to get our lawful African ivory registered over the decades. More specifically perhaps, our family’s responsibility is 4%,  the Government of India’s responsibility is 96%!

The Wildlife law is bad in its tyrannical implementation by Forest Officers against innocent masses of India, it is prima facie ultra vires of the Constitution and Criminal Procedure.  It is up to you yourselves in the Government to correct it at once.

And yes, please return our old African ivory at once, and offer due compensation for the harassment caused.

Or if you prefer not to accept my invitation to tea, please recuse yourself from this investigation on grounds of your proven bias against me, and I will be happy to cooperate with your colleagues to establish there has been 0 “Wildlife Crime” or any other crime by us.

Thank you.

Subroto Roy 9 May 2019

 

3 May 2019

How to get harassed and even arrested & jailed by India’s Stasi “Forest Officials” without being criminal: Subroto Roy vs Union of India, Harsha Vardhan, Agni Mitra et al (DRAFT)

Subroto Roy, 3 May 2019

To be a criminal you have to have done something illegal and with criminal intent…
The Government of India cannot possibly prove even a prima facie case that either my late mother or I after her death did anything criminal with the African ivory she had been gifted by her Belgian diplomat son-in-law some 40 years ago.
At some point or perhaps points in time, maybe 30 years ago — the Government of India does not know itself and is certainly unable to tell anyone now — people in India holding “animal products” were required to get Government certifications.
But the certification procedure was then, and remains today, totally obscure even to the Government, to lawyers, to law enforcement authorities, to everyone, except perhaps chosen “Dealers”, who knows?
Into that breach of Government-created obscurity stepped the natural abuse of power…
So a class of normal law abiding citizens became criminals for holding “animal products” without due certification, except very few ordinary people knew what that due certification was or how it was to be gotten.
By the Government’s arbitrary law making — reversing the burden of proof so the holder of eg ivory had to prove he/she was not holding it criminally — people started to live in fear of blackmail or sudden “search and seizure” by officials…
I had not returned permanently to India, and advised my elderly parents to get our African ivory certified but they remained clueless how to do so and I was unable to find out as well. (Finally yesterday 2 May 2019 during the home invasion by Government officials I found out from the invading officials!).
Besides, my sister who had been a Belgian diplomat died of breast cancer in 1990 age 42 and my parents were in shock ever since and perhaps unwilling to think about the ivory she and her husband had brought them as gifts years earlier.
My mother died in 2016 the lawful owner of African ivory she had received as a gift in the late 1970s which she had admittedly failed to get certified by the Government of India when the Government had demanded it, because she and my father had remained clueless what was required of them — and the Government to this day cannot say what that was and when!
The African ivory items came to my possession…
On 13.3.2019 I chanced upon a Government of India email id and said Hey that seems the place to start, and I declared our ivory to them requesting information how to proceed further for certification…
Instead a Stasi-like tyranny took over at once!
The addressee of my email, a bright clearly ambitious Forest officer apparently bereft of knowledge of Constitutional law, denounced me as a “criminal who had confessed”, advised I get a lawyer, and promised sudden warrantless search of my home!
That sudden warrantless search happened yesterday 2 May 2019, with this Forest official sending some 8 or 10 people to my home including three Central Armed Police out of uniform…

My local police station had been informed by me but did not respond…

My lawyers advised I be passive which I agreed was wise…

It was during the 3 or 4 hour home invasion by these officials that I asked them what the certification process was, and finally found that out for the first time in thirty years!

They confiscated our African ivory of forty years because we obviously did not have the papers we had not known over thirty years how to get!

I was made to sign a form (the “Seizure List”) under duress in my own home.

I agreed I would sign if I was allowed to write my comment “illegal seizure’”, and state “Wrongful, Vexatious, Unnecessary Seizure of Property violating Article 53 Wildlife Protection Act 1972”.

No, they said, there is no room for any comment on the form, only your signature.

I refused.  Then they threatened “If you don’t sign the form, we will take ‘punitive action’ and the man in charge indicated he would call “his boss” the Forest Officer who had started this tyranny in response to my 13.3.2019 email.  They would arrest and jail me immediately was the implication, and I was urged to sign especially by the “Central Armed Police” officials out of uniform.

Classic Stasi techniques in my own home, thought I… !

Now after the sudden home invasion by these Stasi-like people on 2 May 2019, I have been warned by legal friends to expect to be arrested & jailed…

But someone tell me kindly at what point did my mother become a criminal for holding her ivory without new papers the Government demanded (no one knows when or how) and then myself?

Arresting and jailing me for trying to declare gifted and inherited African ivory from the late 1970s at the first opportunity we knew how to?

Did my 13.3.2019 email make me a criminal confessing a crime, as the Stasi have claimed? Of course not.

Was my mother a criminal at the time she died or any time earlier for not getting her African ivory certified in some obscure way at some uncertain time or times in years past stated by the Government somewhere, when the Government today is completely unable to specify what or when the procedure was?

Hardly.

The Government’s law mentions “Dealers” and does not even seem to mention ordinary citizens owning “animal products” as my mother had done!

“Kindly keep our family property unlawfully seized by you yesterday safe and secure. Kindly be good enough to send me by email or courier a digital copy of the complete videograph records taken by two Central Armed Police personnel in your team yesterday during my home invasion.”

Oh yes the Stasi videographed using two of the Central Armed Police officers for about the whole time they were there. I have asked them for what they filmed and look forward to receiving them unedited.  Will I get it?  I doubt they will have the courage to send me what they filmed.

Finally I teased them a bit:

“Have you left any secret remote control wifi camera behind in my home? The Stasi techniques you employed would have done that after all. Do let me know by email if you have. Thanks.”

The idea occurred to me that given my passivity during the home invasion as advised by my lawyers, I could not possibly tell if they had planted a camera or a microphone somewhere without my knowledge. We have looked for it, so far, fortunately without success.

Now over to the Hon’ble Courts…!

“But he has nothing on at all,” said a little child at last.

From Facebook:

Subroto Roy  is hurt that Christopher Booker says “Not for nothing was Copenhagen the city in which Hans Andersen wrote his story about the Emperor whose people were brainwashed into believing that he was wearing a beautiful suit of clothes” because he always thought Hans Andersen meant it for modern New Delhi.

And then there was Alexander Dubček in the Prague Spring of 1968

From Facebook:

Subroto Roy recalls that long before Gorbachev and Walesa, there was in the Prague Spring a man named Dubček…. this is a photograph published in his “Hope Dies Last”
ManandtankWenceslas

Life’s paradoxes: On watching the fall of the Berlin Wall in Honolulu, November 1989

From Facebook:

Subroto Roy  recalls how, twenty years ago in Honolulu, he called his three-year old to the television to watch the fall of the Berlin Wall with him as a historic event — even while he had to battle as an individual against the most vicious tyranny unleashed against him by the Government of one of the fifty States (a battle that has continued).

Revisiting “On Hindus and Muslims”

On the Existence of a Unique and Stable Solution to the Jammu & Kashmir Problem that is Lawful, Just and Economically Efficient

P Chidambaram may recall our brief interaction at the residence of the late Shri Rajiv Gandhi in September-October 1990, and also my visit in July 1995 when he was a member of Narasimha Rao’s Government.

I am delighted to read in today’s paper that he believes a “unique solution” exists to the grave mortal problem of Jammu & Kashmir.   Almost four years ago, I published in The Statesman my discovery of the existence of precisely such a  unique solution in the three-part article “Solving Kashmir”.

This came to be followed by “Law, Justice and J&K”, “History of Jammu & Kashmir”, “Pakistan’s Allies”, “What to tell Musharraf” and a few others.  The purpose of this open letter is to describe that solution which provides, I believe, the only just and lawful  path available to the resolution of what has been known universally as the Kashmir problem.

Very briefly, it involves recognizing that the question of lawful territorial sovereignty in J&K is logically distinct from the question of the choice of nationality by individual inhabitants.   The solution requires

(a) acknowledging that the original legal entity in the world system  of nations known as Jammu & Kashmir arose on March 16 1846 and ceased to exist on or about October 22 1947; that the military contest that commenced on the latter date has in fact resulted, given all particular circumstances of history, in the lawful and just outcome in international law;

(b) offering all who may be Indian nationals or stateless and who presently live under Article 370, a formal choice of nationality between the Republics of India, Iran, Afghanistan and Pakistan: citizen-by-citizen, without fear or favour, under conditions of full information, individual privacy and security; any persons who voluntarily choose to renounce Indian nationality in such private individual decisions would be nevertheless granted lawful permanent residence in the Indian Republic and J&K in particular.

In other words, the dismemberment of the original J&K State and annexation of its territories by the entities known today as the Republic of Pakistan and Republic of India that occurred since October 22 1947, as represented first by the 1949 Ceasefire Line and then by the 1972 Line of Control, is indeed the just and lawful outcome prevailing in respect of the question of territorial sovereignty and jurisdiction. The remaining democratic question has to do with free individual choice of nationality by inhabitants, under conditions of full information and privacy, citizen-by-citizen, with the grant of permanent residency rights by the Indian Republic to persons under its jurisdiction in J&K who might wish to choose, for deeply personal individual reasons, not to remain Indian nationals but become Afghan, Iranian or Pakistani nationals instead (or remain stateless).  Pakistan has said frequently its sole concern has been the freedom of Muslims of J&K under Indian rule, and any such genuine concern shall have been thereby fully met by India. Indeed if Pakistan agreed to act similarly this entire complex mortal problem of decades shall have begun to be resolved most appropriately. Pakistan and India are both wracked by corruption, poverty and bad governance, and would be able to mutually draw down military forces pit against one another everywhere, so as to begin to repair the grave damage to their fiscal health caused over decades by the deleterious draining away of vast public resources.

The full reasoning underlying this, which I believe to be the only lawful, just, efficient and stable solution that exists, is thoroughly explained in the following six articles. The first five, “Solving Kashmir”, “Law, Justice & J&K”, “History of J&K”, and “Pakistan’s Allies”, “What to Tell Musharraf” were published in The Statesman in 2005-2006 and are marked ONE, TWO, THREE, FOUR and FIVE below, and are also available elsewhere here. The sixth “An Indian Reply to President Zardari”, marked SIX, was published for the first time here following the Mumbai massacres.

I believe careful reflection upon this entire body of reasoning may lead all reasonable men and women to a practically unanimous consensus about this as the appropriate course of action; if such a consensus happened to arise, the implementation of the solution shall only be a matter of (relatively) uncomplicated procedural detail.

Subroto Roy
October 15 2009

ONE
SOLVING KASHMIR: ON AN APPLICATION OF REASON by Subroto Roy First published in three parts in The Statesman, Editorial Page Special Article, December 1,2,3 2005, http://www.thestatesman.net

(This article has its origins in a paper “Towards an Economic Solution for Kashmir” which circulated in Washington DC in 1992-1995, including at the Indian and Pakistani embassies and the Carnegie Endowment, and was given as an invited lecture at the Heritage Foundation on June 23 1998. It should be read along with other articles also republished here, especially “History of J&K”, “Law, Justice and J&K” , “Understanding Pakistan”, “Pakistan’s Allies” and “What to Tell Musharraf”. The Washington paper and lecture itself originated from my ideas in the Introduction to Foundations of Pakistan’s Political Economy, edited by WE James and myself in the University of Hawaii project on Pakistan 1986-1992.)

I. Give Indian `Green Cards’ to the Hurriyat et al

India, being a liberal democracy in its constitutional law, cannot do in Jammu & Kashmir what Czechoslovakia did to the “Sudeten Germans” after World War II. On June 18 1945 the new Czechoslovakia announced those Germans and Magyars within their borders who could not prove they had been actively anti-fascist before or during the War would be expelled — the burden of proof was placed on the individual, not the State. Czechoslovakia “transferring” this population was approved by the Heads of the USA, UK and USSR Governments at Potsdam on August 2 1945. By the end of 1946, upto two million Sudeten Germans were forced to flee their homes; thousands may have died by massacre or otherwise; 165,000 remained who were absorbed as Czechoslovak citizens. Among those expelled were doubtless many who had supported Germany and many others who had not — the latter to this day seek justice or even an apology in vain. Czechoslovakia punished none of its nationals for atrocities, saying it had been revenge for Hitler’s evil (”badla” in Bollywood terms) and the post Cold War Czech Government too has declined to render an apology. Revenge is a wild kind of justice (while justice may be a civilised kind of revenge).

India cannot follow this savage precedent in international law. Yet we must recognise there are several hundred and up to several hundred thousand persons on our side of the boundary in the State of Jammu & Kashmir who do not wish to be Indian nationals. These people are presently our nationals ius soli, having been born in territory of the Indian Republic, and/or ius sanguinis, having been born of parents who are Indian nationals; or they may be “stateless” whom we must treat in accordance with the 1954 Convention on Stateless Persons. The fact is they may not wish to carry Indian passports or be Indian nationals.

In this respect their juridical persons resemble the few million “elite” Indians who have in the last few decades freely placed their hands on their hearts and solemnly renounced their Indian nationality, declaring instead their individual fidelity to other nation-states — becoming American, Canadian or Australian citizens, or British subjects or nationals of other countries. Such people include tens of thousands of the adult children of India’s metropolitan “elite”, who are annually visited abroad in the hot summer months by their Indian parents and relatives. They are daughters and sons of New Delhi’s Government and Opposition, of retired generals, air marshals, admirals, ambassadors, cabinet secretaries, public sector bureaucrats, private sector businessmen, university professors, journalists, doctors and many others. India’s most popular film-actress exemplified this “elite” capital-flight when, after a tireless search, she chose a foreign husband and moved to California.

The difference in Jammu & Kashmir would be that those wishing to renounce Indian nationality do not wish to move to any other place but to stay as and where they are, which is in Kashmir Valley or Jammu. Furthermore, they may wish, for whatever reason, to adopt, if they are eligible to do so, the nationality of e.g. the Islamic Republic of Afghanistan or the Islamic Republic of Iran or the Islamic Republic of Pakistan.

They may believe themselves descended from Ahmad Shah Abdali whose Afghans ruled or mis-ruled Kashmir Valley before being defeated by Ranjit Singh’s Sikhs in 1819. Or they may believe themselves of Iranian descent as, for example, are the Kashmiri cousins of the late Ayatollah Khomeini. Or they may simply have wished to be, or are descended from persons who had wished to be on October 26 1947, citizens of the then-new British Dominion of Pakistan — but who came to be prevented from properly expressing such a desire because of the war-like conditions that have prevailed ever since between India and Pakistan. There may be even a few persons in Laddakh who are today Indian nationals but who wish to be considered Tibetans instead; there is, however, no Tibetan Republic and it does not appear there is going to be one.

India, being a free and self-confident country, should allow, in a systematic lawful manner, all such persons to fulfil their desires, and furthermore, should ensure they are not penalised for having expressed such “anti-national” desires or for having acted upon them. Sir Mark Tully, the British journalist, is an example of someone who has been a foreign national who has chosen to reside permanently in the Republic of India — indeed he has been an exemplary permanent resident of our country. There are many others like him. There is no logical reason why all those persons in Jammu & Kashmir who do wish not to be Indians by nationality cannot receive the same legal status from the Indian Republic as has been granted to Sir Mark Tully. There are already thousands of Sri Lankan, Bangladeshi and Nepalese nationals who are lawful permanent residents in the Indian Republic, and who travel back and forth between India and their home countries. There is no logical reason why the same could not be extended to several hundred or numerous thousand people in Jammu & Kashmir who may wish to not accept or to renounce their Indian nationality (for whatever personal reason) and instead become nationals, if they are so eligible, of the Islamic Republics of Afghanistan, Iran or Pakistan, or, for that matter, to remain stateless. On the one hand, their renunciation of Indian nationality is logically equivalent to the renunciation of Indian nationality by the adult children of India’s “elite” settled in North America and Western Europe. On the other hand, their wish to adopt, if they are eligible, a foreign nationality, such as that of Afghanistan, Iran or Pakistan, and yet remain domiciled in Indian territory is logically equivalent to that of many foreign nationals domiciled in India already like Sir Mark Tully.

Now if you are a permanent resident of some country, you may legally have many, perhaps most, but certainly not all the rights and duties of nationals of that country. e.g., though you will have to pay all the same taxes, you may not be allowed to (or be required to) vote in national or provincial elections but you may in local municipal elections. At the same time, permanently residing foreign nationals are supposed to be equal under the law and have equal access to all processes of civil and criminal justice. (As may be expected though from human frailty, even the federal courts of the USA can be notorious in their injustice and racism towards “Green Card” holders relative to “full” American citizens.) Then again, as a permanently resident foreigner, while you will be free to work in any lawful trade or profession, you may not be allowed to work in some or perhaps any Government agencies, certainly not the armed forces or the police. Many Indians in the USA were engineering graduates, and because many engineering jobs or contracts in the USA are related to the US armed forces and require US citizens only, it is commonplace for Indian engineers to renounce their Indian nationality and become Americans because of this. Many Indian-American families have one member who is American, another Indian, a third maybe Canadian, a fourth Fijian or British etc.

The same can happen in the Indian State of Jammu & Kashmir if it evolves peacefully and correctly in the future. It is quite possible to imagine a productive family in a peaceful Kashmir Valley of the future where one brother is an officer in the Indian Armed Forces, another brother a civil servant and a sister a police officer of the J&K State Government, another sister being a Pakistani doctor, while cousins are Afghan or Iranian or “stateless” businessmen. Each family-member would have made his/her choice of nationality as an individual given the circumstances of his/her life, his/her personal comprehension of the facts of history, his/her personal political and/or religious persuasions, and similar deeply private considerations. All would have their children going to Indian schools and being Indian citizens ius soli and/or ius sanguinis. When the children grow up, they would be free to join, if they wished, the existing capital flight of other Indian adult children abroad and there renounce their Indian nationality as many have come to do.

II Revealing Choices Privately with Full Information
For India to implement such a proposal would be to provide an opportunity for all those domiciled in Kashmir Valley, Jammu and Laddakh to express freely and privately as individuals their deepest wishes about their own identities, in a confidential manner, citizen by citizen, case by case. This would thereby solve the fundamental democratic problem that has been faced ever since the Pakistani attack on the original State of Jammu & Kashmir commenced on October 22 1947, which came to be followed by the Rape of Baramulla — causing the formal accession of the State to the then-new Dominion of India on October 26 1947.

A period of, say, 30 months may be announced by the Government of India during which full information would be provided to all citizens affected by this change, i.e. all those presently governed by Article 370 of the Indian Constitution. The condition of full information may include, for example, easy access to Afghan, Iranian and Pakistani newspapers in addition to access to Indian media. Each such person wishing to either remain with Indian nationality (by explicitly requesting an Indian passport if he/she does not have one already — and such passports can be printed in Kashmiri and Urdu too), or to renounce Indian nationality and either remain stateless or adopt, if he/she is so eligible, the nationality of e.g. Afghanistan, Iran, or Pakistan, should be administratively assisted by the Government of India to make that choice.

In particular, he/she should be individually, confidentially, and without fear or favour assured and informed of his/her new rights and responsibilities. For example, a resident of Kashmir Valley who chooses to become a Pakistani citizen, such as Mr Geelani, would now enjoy the same rights and responsibilities in the Indian Republic that Mr Tully enjoys, and at the same time no longer require a visa to visit Pakistan just as Mr Tully needs no visa to enter Britain. In case individual participants in the Hurriyat choose to renounce Indian nationality and adopt some other, they would no longer be able to legally participate in Indian national elections or J&K’s State elections. That is something which they say they do not wish to do in any case. Those members of the Hurriyat who chose e.g. Pakistani nationality while still residing in Jammu & Kashmir, would be free to send postal ballots or cross the border and vote in Pakistan’s elections if and when these occur. There are many Canadians who live permanently in the USA who cross home to Canada in order to cast a ballot.

After the period of 30 months, every person presently under Article 370 of the Indian Constitution would have received a full and fair opportunity to privately and confidentially reveal his/her preference or choice under conditions of full information. “Partition”, “Plebiscite”, and “Military Decision” have been the three alternatives under discussion ever since the National Conference of Sheikh Mohammad Abdullah and his then-loyal Deputy, Bakshi Ghulam Mohammad, helped the Indian Army and Air Force in 1947-1948 fight off the savage attack against Jammu & Kashmir State that had commenced from Pakistan on October 22 1947. When, during the Pakistani attack, the Sheikh and Bakshi agreed to the Muslim Conference’s demand for a plebiscite among the people, the Pakistanis balked — the Sheikh and Bakshi then withdrew their offer and decisively and irrevocably chose to accede to the Indian Union. The people of Jammu & Kashmir, like any other, are now bound by the sovereign political commitments made by their forebears. Even so, given the painful mortal facts of the several decades since, the solution here proposed if properly implemented would be an incomparably more thorough democratic exercise than any conceivable plebiscite could ever have been.

Furthermore, regardless of the outcome, it would not entail any further “Partition” or population “transfer” which inevitably would degenerate into a savage balkanization, and has been ruled out as an unacceptable “deal-breaker” by the Indian Republic. Instead, every individual person would have been required, in a private and confidential decision-making process, to have chosen a nationality or to remain stateless — resulting in a multitude of cosmopolitan families in Jammu & Kashmir. But that is something commonplace in the modern world. Properly understood and properly implemented, we shall have resolved the great mortal problem we have faced for more than half a century, and Jammu & Kashmir can finally settle into a period of peace and prosperity. The boundary between India and Pakistan would have been settled by the third alternative mentioned at the time, namely, “Military Decision”.

III. Of Flags and Consulates in Srinagar and Gilgit
Pakistan has demanded its flag fly in Srinagar. This too can happen though not in the way Pakistan has been wishing to see it happen. A Pakistan flag might fly in the Valley just as might an Afghan and Iranian flag as well. Pakistan has wished its flag to fly as the sovereign over Jammu & Kashmir. That is not possible. The best and most just outcome is for the Pakistani flag to fly over a recognised Pakistani consular or visa office in Srinagar, Jammu and Leh. In diplomatic exchange, the Indian tricolour would have to fly over a recognised Indian consular or visa office in Muzaffarabad, Gilgit and Skardu.

Pakistan also may have to act equivalently with respect to the original inhabitants of the territory of Jammu & Kashmir that it has been controlling — allowing those people to become Indian nationals if they so chose to do in free private decisions under conditions of full information. In other words, the “Military Decision” that defines the present boundary between sovereign states must be recognised by Pakistan sincerely and permanently in a Treaty relationship with India — and all of Pakistan’s official and unofficial protégés like the Hurriyat and the “United Jehad Council” would have to do the same. Without such a sovereign commitment from the Government of Pakistan, as shown by decisive actions of lack of aggressive intent (e.g. as came to be implemented between the USA and USSR), the Government of India has no need to involve the Government of Pakistan in implementing the solution of enhancing free individual choice of nationality with regard to all persons on our side of the boundary.

The “Military Decision” regarding the sovereign boundary in Jammu & Kashmir will be so recognised by all only if it is the universally just outcome in international law. And that in fact is what it is.

The original Jammu & Kashmir State began its existence as an entity in international law long before the present Republics of India and Pakistan ever did. Pakistan commences as an entity on August 14 1947; India commences as an entity of international law with its signing of the Treaty of Versailles on June 20 1918. Jammu & Kashmir began as an entity on March 16 1846 — when the Treaty of Amritsar was signed between Gulab Singh Dogra and the British, one week after the Treaty of Lahore between the British and the defeated Sikh regency of the child Daleep Singh.

Liaquat Ali Khan and Zafrullah Khan both formally challenged on Pakistan’s behalf the legitimacy of Dogra rule in Jammu & Kashmir since the Treaty of Amritsar. The Pakistani Mission to the UN does so even today. The Pakistanis were following Sheikh Abdullah and Jawaharlal Nehru himself, who too had at one point challenged Dogra legitimacy in the past. But though the form of words of the Pakistan Government and the Nehru-Abdullah position were similar in their attacks on the Treaty of Amritsar, their underlying substantive reasons were as different as chalk from cheese. The Pakistanis attacked the Dogra dynasty for being Dogra — i.e. because they were Hindus and not Muslims governing a Muslim majority. Nehru and Abdullah denounced monarchic autocracy in favour of mass democracy, and so attacked the Dogra dynasty for being a dynasty. All were wrong to think the Treaty of Amritsar anything but a lawful treaty in international law.

Furthermore, in this sombre political game of great mortal consequence, there were also two other parties who were, or appeared to be, in favour of the dynasty: one because the dynasty was non-Muslim, the other, despite it being so. Non-Muslim minorities like many Hindus and Sikhs in the business and governmental classes, saw the Dogra dynasty as their protector against a feared communalist tyranny arising from the Sunni Muslim masses of Srinagar Valley, whom Abdullah’s rhetoric at Friday prayer-meetings had been inciting or at least awakening from slumber. At the same time, the communalists of the Muslim Conference who had broken away from Abdullah’s secular National Conference, sought political advantage over Abdullah by declaring themselves in favour of keeping the dynasty — even elevating it to become an international sovereign, thus flattering the already pretentious potentate that he would be called “His Majesty” instead of merely “His Highness”. The ancestry of today’s Hurriyat’s demands for an independent Jammu & Kashmir may be traced precisely to those May 21-22 1947 declarations of the Muslim Conference leader, Hamidullah Khan.

Into this game stumbled the British with all the mix of cunning, indifference, good will, impatience, arrogance and pomposity that marked their rule in India. At the behest of the so-called “Native Princes”, the 1929 Butler Commission had hinted that the relationship of “Indian India” to the British sovereign was conceptually different from that of “British India” to the British sovereign. This view was adopted in the Cabinet Mission’s 12 May 1946 Memorandum which in turn came to be applied by Attlee and Mountbatten in their unseemly rush to “Divide and Quit” India in the summer of 1947.

It created the pure legal illusion that there was such a thing as “Lapse of Paramountcy” at which Jammu & Kashmir or any other “Native State” of “Indian India” could conceivably, even for a moment, become a sovereign enjoying the comity of nations — contradicting Britain’s own position that only two Dominions, India and Pakistan, could ever be members of the British Commonwealth and hence members of the newly created UN. British pusillanimity towards Jammu & Kashmir’s Ruler had even extended to making him a nominal member of Churchill’s War Cabinet because he had sent troops to fight in Burma. But the legal illusion had come about because of a catastrophic misunderstanding on the part of the British of their own constitutional law.

The only legal scholar who saw this was B R Ambedkar in a lonely and brilliant technical analysis released to the press on June 17 1947. No “Lapse of Paramountcy” over the “Native Princes” of Indian India could occur in constitutional law. Paramountcy over Indian India would be automatically inherited by the successor state of British India at the Transfer of Power. That successor state was the new British Dominion of India as well as (when it came to be finalised by Partition from India) the new British Dominion of Pakistan (Postscript: the deleted words represent a mistake made in the original paper, corrected in “Law, Justice & J&K” in view of the fact the UN in 1947 deemed India alone the successor state of British India and Pakistan a new state in the world system). A former “Native Prince” could only choose to which Dominion he would go. No other alternative existed even for a single logical moment. Because the British had catastrophically failed to comprehend this aspect of their own constitutional law, they created a legal vacuum whereby between August 15 and October 22-26 1947, Jammu & Kashmir became a local and temporary sovereign recognised only by the Dominion of Pakistan (until October 22) and the Dominion of India (until October 26). But it was not a globally recognised sovereign and was never going to be such in international law. This was further proved by Attlee refusing to answer the J&K Prime Minister’s October 18 1947 telegram.

All ambiguity came to end with the Pakistani attack of October 22 1947, the Rape of Baramulla, the secession of an “Azad Kashmir”declared by Sardar Ibrahim, and the Pakistani coup détat in Gilgit on October 31 1947 followed by the massacre of Sikh soldiers of the J&K Army at Bunji. With those Pakistani actions, Gulab Singh’s Jammu & Kashmir State, founded on March 16 1846 by the Treaty of Amritsar, ceased to logically exist as an entity in international law and fell into a state of ownerless anarchy. The conflict between Ibrahim’s Muslim communalists backed by the new Dominion of Pakistan and Abdullah’s secularists backed by the new Dominion of India had become a civil war within a larger intra-Commonwealth war that itself was almost a civil war between forces of the same military.

Jammu & Kashmir territory had become ownerless. The Roman Law which is at the root of all municipal and international law in the world today would declare that in the ownership of such an ownerless entity, a “Military Decision” was indeed the just outcome. Sovereignty over the land, waters, forests and other actual and potential resources of the erstwhile State of Jammu & Kashmir has become divided by “Military Decision” between the modern Republics of India and Pakistan. By the proposal made herein, the people and their descendants shall have chosen their nationality and their domicile freely across the sovereign boundary that has come to result.

TWO
LAW, JUSTICE AND J&K
by Subroto Roy First published in two parts in The Sunday Statesman, July 2 2006 and The Statesman July 3 2006 http://www.thestatesman.net Editorial Page Special Article

I.
For a solution to J&K to be universally acceptable it must be seen by all as being lawful and just. Political opinion in Pakistan and India as well as all people and parties in J&K ~ those loyal to India, those loyal to Pakistan, and any others ~ will have to agree that, all things considered, such is the right course of action for everyone today in the 21st Century, which means too that the solution must be consistent with the facts of history as well as account reasonably for all moral considerations.

On August 14, 1947, the legal entity known as “British India”, as one of its final acts, and based on a sovereign British decision made only two months earlier, created out of some of its territory a new State defined in international law as the “Dominion of Pakistan”. British India extinguished itself the very next day, and the newly independent “Dominion of India” succeeded to all its rights and obligations in international law. As the legal successor of the “India” which had signed the Treaty of Versailles in 1919 and the San Francisco Declaration of 1945, the Dominion of India was already a member of the new UN as well as a signatory to many international treaties. By contrast, the Dominion of Pakistan had to apply afresh to sign treaties and become a member of international organisations. The theory put forward by Argentina that two new States, India and Pakistan, had been created ab initio, came to be rejected and was withdrawn by Argentina. Instead, Pakistan with the wholehearted backing of India was made a member of the UN, with all except Afghanistan voting in favour. (Afghanistan’s exceptional vote signalled presence of conflict over the Durand Line and idea of a Pashtunistan; Dr Khan Sahib and Abdul Ghaffar Khan were imprisoned by the Muslim League regime of NWFP which later supported the tribesmen who attacked J&K starting October 22, 1947; that conflict remains unresolved to this day, even after the American attack on the Taliban, the restart of a constitutional process in Afghanistan, and the purported mediation of US Secretary of State Condoleeza Rice.)

Zafrullah Khan, Pakistan’s distinguished first ambassador to the UN, claimed in September 1947: “Pakistan is not a new member of UNO but a successor to a member State which was one of the founders of the Organisation.” He noted that he himself had led India to the final session of the League of Nations in Geneva in 1939, and he wished to say that Pakistan had been present “as part of India… under the latter name” as a signatory to the Treaty of Versailles. This was, however, logically impossible. The Treaty of Versailles long predated (1) Mohammad Iqbal’s Allahabad Address which conceptualised for the first time in the 20th Century a Muslim State in Northwest India; (2) Rahmat Ali’s invention of the word “PAKSTAN” on the top floor of a London omnibus; (3) M. A. Jinnah and Fazlul Haq’s Lahore Resolution; and (4) the final British decision of June 3, 1947 to create by Partition out of “British India” a Dominion named Pakistan. Pakistan could not have acted in international law prior to having come into being or been created or even conceived itself. Zafrullah Khan would have been more accurate to say that the history of Pakistanis until August 14, 1947 had been one in common with that of their Indian cousins ~ or indeed their Indian brothers, since innumerable North Indian Muslim families came to be literally partitioned, with some brothers remaining Indians while other brothers became Pakistanis.

Pakistan was created at the behest of Jinnah’s Muslim League though with eventual agreement of the Indian National Congress (a distant ancestor of the political party going by the same name today). Pakistan arose not because Jinnah said Hindus and Muslims were “two nations” but because he and his League wished for a State where Muslims would find themselves ruled by fellow-Muslims and feel themselves part of a pan-Islamic culture. Yet Pakistan was intended to be a secular polity with Muslim-majority governance, not an Islamic theocracy. That Pakistan failed to become secular was exemplified most poignantly in the persecution Zafrullah himself later faced in his personal life as an Ahmadiya, even while he was Pakistan’s Foreign Minister. (The same happened later to Pakistan’s Nobel-winning physicist Abdus Salaam.) Pakistan was supposed to allow the genius of Indo-Muslim culture to flourish, transplanted from places like Lucknow and Aligarh which would never be part of it. In fact, the areas that are Pakistan today had in the 1937 provincial elections shown scant popular Muslim support for Jinnah’s League. The NWFP had a Congress Government in the 1946 elections, and its supporters boycotted the pro-Pakistan referendum in 1947. The imposition of Urdu culture as Pakistan’s dominant ethos might have come to be accepted later in West Punjab, Sindh and NWFP but it was not acceptable in East Bengal, and led inevitably to the Pakistani civil war and creation of Bangladesh by Sheikh Mujib in 1971.

In August 1947, the new Dominions of India and Pakistan were each supposed to protect their respective minority populations as their first political duty. Yet both palpably failed in this, and were reduced to making joint declarations pleading for peace and an end to communal killings and the abduction of women. The Karachi Government, lacking the wherewithal and administrative machinery of being a nation-state at all, and with only Liaquat and an ailing Jinnah as noted leaders, may have failed more conspicuously, and West Punjab, the Frontier and Sindh were soon emptied of almost all their many Sikhs and Hindus. Instead, the first act of the new Pakistan Government in the weeks after August 14, 1947 was to arrange for the speedy and safe transfer of the North Indian Muslim elite by air from Delhi using chartered British aeroplanes. The ordinary Muslim masses of UP, Delhi and East Punjab were left in danger from or were subjected to Sikh and Hindu mob attacks, especially as news and rumours spread of similar outrages against Pakistan’s departing minorities.

In this spiral of revenge attacks and counter-attacks, bloodshed inevitably spilled over from West and East Punjab into the northern Punjabi plains of Jammu, though Kashmir Valley remained conspicuously peaceful. Zafrullah and Liaquat would later claim it was this communal civil war which had caused thousands of newly decommissioned Mirpuri soldiers of the British Army, and thousands of Afridi and other Frontier tribesmen, to spontaneously act to “liberate” J&K’s Muslims from alleged tyranny under the Hindu Ruler or an allegedly illegal Indian occupation.

But the main attack on J&K State that began from Pakistan along the Manshera-Muzaffarabad road on October 22, 1947 was admittedly far too well-organised, well-armed, well-planned and well-executed to have been merely a spontaneous uprising of tribesmen and former soldiers. In all but name, it was an act of undeclared war of the new Dominion of Pakistan first upon the State of J&K and then upon the Indian Dominion. This became obvious to Field Marshall Auchinlek, who, as Supreme Commander of the armed forces of both India and Pakistan, promptly resigned and abolished the Supreme Command in face of the fact that two parts of his own forces were now at war with one another.

The invaders failed to take Srinagar solely because they lost their military purpose while indulging in the Rape of Baramula. Thousands of Kashmiri women of all communities ~ Muslim, Sikh and Hindu ~ were violated and transported back to be sold in markets in Peshawar and elsewhere. Such was standard practice in Central Asian tribal wars from long before the advent of Islam, and the invading tribesmen shared that culture. India’s Army and Air Force along with the militias of the secular democratic movement led by Sheikh Abdullah and those remaining loyal units of J&K forces, fought off the invasion, and liberated Baramula, Naushera, Uri, Poonch etc. Gilgit had a British-led coup détat against it bringing it under Pakistan’s control. Kargil was initially taken by the Pakistanis and then lost by them. Leh could have been but was not taken by Pakistani forces. But in seeking to protect Leh and to retake Kargil, the Indian Army lost the siege of Skardu ~ which ended reputedly with the infamous communication from the Pakistani commander to his HQ: “All Sikhs killed; all women raped.”

Legal theory
Now, in this grave mortal conflict, the legal theory to which both the Indian and Pakistani Governments have been wedded for sixty years is one that had been endorsed by the British Cabinet Mission in 1946 and originated with the Butler Commission of 1929. Namely, that “Lapse of Paramountcy” over the “Indian India” of the “Native States” could and did occur with the extinction of British India on August 15, 1947. By this theory, Hyderabad, J&K, Junagadh and the several other States which had not acceded to either Dominion were no longer subject to the Crown’s suzerainty as of that date. Both Dominions drew up “Instruments of Accession” for Rulers to sign upon the supposed “Lapse” of Paramountcy that was to occur with the end of British India.

Ever since, the Pakistan Government has argued that Junagadh’s Ruler acceded to Pakistan and Hyderabad’s had wished to do so but both were forcibly prevented by India. Pakistan has also argued the accession to India by J&K’s Ruler was “fraudulent” and unacceptable, and Sheikh Abdullah was a “Quisling” of India and it was not his National Conference but the Muslim Conference of Ibrahim, Abbas and the Mirwaiz (precursor of the Hurriyat) which represented J&K’s Muslims.

India argued that Junagadh’s accession to Pakistan or Hyderabad’s independence were legal and practical impossibilities contradicting the wills of their peoples, and that their integration into the Indian Dominion was carried out in an entirely legitimate manner in the circumstances prevailing.

On J&K, India has argued that not only had the Ruler requested Indian forces to fight off the Pakistani attack, and he acceded formally before Indian forces were sent, but also that democratic principles were fully adhered to in the unequivocal endorsement of the accession by Sheikh Abdullah and the National Conference and further by a duly called and elected J&K Constituent Assembly, as well as generations of Kashmiris since. In the Indian view, it is Pakistan which has been in illegal occupation of Indian territory from Mirpur, Muzaffarabad and Gilgit to Skardu all the way to the Khunjerab Pass, Siachen Glacier and K2, some of which it illegally ceded to its Communist Chinese ally, and furthermore that it has denied the peoples of these areas any democratic voice.

Roman law
In June 1947, it was uniquely and brilliantly argued by BR Ambedkar in a statement to the Press that the British had made a catastrophic error in comprehending their own constitutional law, that no such thing as “Lapse” of Paramountcy existed, and that suzerainty over the “Native States” of “Indian India” would be automatically transferred in international law to the successor State of British India. It was a legal illusion to think any Native State could be sovereign even for a single logical moment. On this theory, if the Dominion of India was the sole successor State in international law while Pakistan was a new legal entity, then a Native State which acceded to Pakistan after August 15, 1947 would have had to do so with the consent of the suzerain power, namely, India, as may be said to have happened implicitly in case of Chitral and a few others. Equally, India’s behaviour in integrating (or annexing) Junagadh and Hyderabad, would become fully explicable ~ as would the statements of Mountbatten, Nehru and Patel before October 1947 that they would accept J&K going to Pakistan if that was what the Ruler and his people desired. Pakistan unilaterally and by surprise went to war against J&K on October 22, declared the accession to India “fraudulent”, and to this day has claimed the territory of the original State of J&K is “disputed”. Certainly, even if the Ambedkar doctrine is applied that no “Lapse” was possible under British law, Pakistan did not recognise India’s jurisdiction there as the suzerain power as of August 15, 1947. Altogether, Pakistan’s sovereign actions from October 22 onwards amounted to acting to annex J&K to itself by military force ~ acts which came to be militarily resisted (with partial success) by India allied with Sheikh Abdullah’s National Conference and the remaining forces of J&K. By these military actions, Pakistan revealed that it considered J&K territory to have descended into a legal state of anarchy as of October 22, 1947, and hence open to resolution by “Military Decision” ~ as is indeed the just outcome under Roman Law, the root of all municipal and international law today, when there is a contest between claimants over an ownerless entity.

Choice of nationality
Hence, the present author concluded (“Solving Kashmir”, The Statesman December 1-3, 2005) that the dismemberment of the original J&K State and annexation of its territories by India and Pakistan that has occurred since 1947, as represented first by the 1949 Ceasefire Line and then by the 1972 Line of Control, is indeed the just and lawful outcome prevailing in respect of the question of territorial sovereignty and jurisdiction. The remaining “democratic” question described has to do with free individual choice of nationality by the inhabitants, under conditions of full information and privacy, citizen-by-citizen, with the grant of permanent residency rights by the Indian Republic to persons under its jurisdiction in J&K who may choose not to remain Indian nationals but become Afghan, Iranian or Pakistani nationals instead. Pakistan has said frequently its sole concern has been the freedom of the Muslims of J&K under Indian rule, and any such genuine concern shall have been thereby fully met by India. Indeed, if Pakistan agreed to act similarly, this entire complex mortal problem of decades shall have begun to be peacefully resolved. Both countries are wracked by corruption, poverty and bad governance, and would be able to mutually draw down military forces pit against one another everywhere, so as to begin to repair the grave damage to their fiscal health caused by the deleterious draining away of vast public resources.

THREE
HISTORY OF JAMMU & KASHMIR
by Subroto Roy First published in two parts in The Sunday Statesman, Oct 29 2006 and The Statesman Oct 30 2006, Editorial Page Special Article, http://www.thestatesman.net

At the advent of Islam in distant Arabia, India and Kashmir in particular were being visited by Chinese Buddhist pilgrims during Harsha’s reign. The great “Master of Law” Hiuen Tsiang visited between 629-645 and spent 631-633 in Kashmir (”Kia-chi-mi-lo”), describing it to include Punjab, Kabul and Kandahar. Over the next dozen centuries, Buddhist, Hindu, Muslim, Sikh and again Hindu monarchs came to rule the 85 mile long 40 mile wide territory on the River Jhelum’s upper course known as Srinagar Valley, as well as its adjoining Jammu in the upper plains of the Punjab and “Little Tibet” consisting of Laddakh, Baltistan and Gilgit.

In 1344, a Persian adventurer from Swat or Khorasan by name of Amir or Mirza, who had “found his way into the Valley and in time gained great influence at the Raja’s court”, proclaimed himself Sultan Shamsuddin after the death of the last Hindu monarchs of medieval Kashmir. Twelve of his descendants formed the Shamiri dynasty including the notorious Sikander and the just and tolerant Zainulabidin. Sikander who ruled 1386-1410 “submitted himself” to the Uzbek Taimur the Lame when he approached Kashmir in 1398 “and thus saved the country from invasion”. Otherwise, “Sikander was a gloomy ferocious bigot, and his zeal in destroying temples and idols was so intense that he is remembered as the Idol-Breaker. He freely used the sword to propagate Islam and succeeded in forcing the bulk of the population to conform outwardly to the Muslim religion. Most of the Brahmins refused to apostatise, and many of them paid with their lives the penalty for their steadfastness. Many others were exiled, and only a few conformed.”

Zainulabidin who ruled 1417-1467 “was a man of very different type”. “He adopted the policy of universal toleration, recalled the exiled Brahmins, repealed the jizya or poll-tax on Hindus, and even permitted new temples to be built. He abstained from eating flesh, prohibited the slaughter of kine, and was justly venerated as a saint. He encouraged literature, painting and music, and caused many translations to be made of works composed in Sanskrit, Arabic and other languages.” During his “long and prosperous reign”, he “constructed canals and built many mosques; he was just and tolerant”.

The Shamiri dynasty ended in 1541 when “some fugitive chiefs of the two local factions of the Makri and the Chakk invited Mirza Haidar Dughlat, a relation of Babar, to invade Kashmir. The country was conquered and the Mirza held it (nominally in name of Humayan) till 1551, when he was killed in a skirmish. The line… was restored for a few years, until in 1559 a Chakk leader, Ghazi Shah, usurped the throne; and in the possession of his descendants it remained for nearly thirty years.” This dynasty marks the origins of Shia Islam in Srinagar though Shia influence in Gilgit, Baltistan and Laddakh was of longer standing. Constant dissensions weakened the Chakks, and in 1586, Akbar, then at Attock on the Indus, sent an army under Raja Bhagwan Das into Srinagar Valley and easily made it part of his Empire.

Shivaism and Islam both flourished, and Hindu ascetics and Sufi saints were revered by all. Far from Muslims and Hindus forming distinct nations, here they were genetically related kinsmen living in proximity in a small isolated area for centuries. Indeed Zainulabidin may have had a vast unspoken influence on the history of all India insofar as Akbar sought to attempt in his empire what Zainulabidin achieved in the Valley. Like Zainulabidin, Akbar’s governance of India had as its “constant aim” “to conciliate the Hindus and to repress Muslim bigotry” which in modern political parlance may be seen as the principle of secular governance ~ of conciliating the powerless (whether majority or minority) and repressing the bigotry of the powerful (whether minority or majority). Akbar had made the Valley the summer residence of the Mughals, and it was Jahangir, seeing the Valley for the first time, who apparently said the words agar behest baushad, hamee in hast, hamee in hast, hamee in hast: “if Heaven exists, it is here, it is here, it is here”. Yet like other isolated paradises (such as the idyllic islands of the Pacific Ocean) an accursed mental ether can accompany the magnificent beauty of people’s surroundings. As the historian put it: “The Kashmiris remained secure in their inaccessible Valley; but they were given up to internal weakness and discord, their political importance was gone…”

After the Mughals collapsed, Iran’s Turkish ruler Nadir Shah sacked Delhi in 1739 but the Iranian court fell in disarray upon his death. In 1747 a jirga of Pashtun tribes at Kandahar “broke normal tradition” and asked an old Punjabi holy man and shrine-keeper to choose between two leaders; this man placed young wheat in the hand of the 25 year old Ahmed Shah Saddozai of the Abdali tribe, and titled him “Durrani”. Five years later, Durrani took Kashmir and for the next 67 years the Valley was under Pashtun rule, a time of “unmitigated brutality and widespread distress”. Durrani himself “was wise, prudent and simple”, never declared himself king and wore no crown, instead keeping a stick of young wheat in his turban. Leaving India, he famously recited: “The Delhi throne is beautiful indeed, but does it compare with the mountains of Kandahar?”

Kashmir’s modern history begins with Ranjit Singh of the Sikhs who became a soldier at 12, and in 1799 at age 19 was made Lahore’s Governor by Kabul’s Zaman Shah. Three years later “he made himself master of Amritsar”, and in 1806 crossed the River Sutlej and took Ludhiana. He created a fine Sikh infantry and cavalry under former officers of Napoleon, and with 80,000 trained men and 500 guns took Multan and Peshawar, defeated the Pashtuns and overran Kashmir in 1819. The “cruel rule” of the Pashtuns ended “to the great relief of Kashmir’s inhabitants”.

The British Governor-General Minto (ancestor of the later Viceroy), seeing advantage in the Sikhs staying north of the Sutlej, sent Charles Metcalfe, “a clever young civilian”, to persuade the Khalsa; in 1809, Ranjit Singh and the British in the first Treaty of Amritsar agreed to establish “perpetual amity”: the British would “have no concern” north of the Sutlej and Ranjit Singh would keep only minor personnel south of it. In 1834 and 1838 Ranjit Singh was struck by paralysis and died in 1839, leaving no competent heir. The Sikh polity collapsed, “their power exploded, disappearing in fierce but fast flames”. It was “a period of storm and anarchy in which assassination was the rule” and the legitimate line of his son and grandson, Kharak Singh and Nao Nihal Singh was quickly extinguished. In 1845 the Queen Regent, mother of the five-year old Dalip Singh, agreed to the Khalsa ending the 1809 Treaty. After bitter battles that might have gone either way, the Khalsa lost at Sobraon on 10 February 1846, and accepted terms of surrender in the 9 March 1846 Treaty of Lahore. The kingdom had not long survived its founder: “created by the military and administrative genius of one man, it crumbled into powder when the spirit which gave it life was withdrawn; and the inheritance of the Khalsa passed into the hands of the English.”

Ranjit Singh’s influence on modern J&K was even greater through his having mentored the Rajput Gulab Singh Dogra (1792-1857) and his brothers Dhyan Singh and Suchet Singh. Jammu had been ruled by Ranjit Deo until 1780 when the Sikhs made it tributary to the Lahore Court. Gulab Singh, a great grand nephew of Ranjit Deo, had left home at age 17 in search of a soldierly fortune, and ended up in 1809 in Ranjit Singh’s army, just when Ranjit Singh had acquired for himself a free hand to expand his domains north of the River Sutlej.

Gulab Singh, an intrepid soldier, by 1820 had Jammu conferred upon him by Ranjit Singh with the title of Raja, while Bhimber, Chibal, Poonch and Ramnagar went to his brothers. Gulab Singh, “often unscrupulous and cruel, was a man of considerable ability and efficiency”; he “found his small kingdom a troublesome charge but after ten years of constant struggles he and his two brothers became masters of most of the country between Kashmir and the Punjab”, though Srinagar Valley itself remained under a separate Governor appointed by the Lahore Court. Gulab Singh extended Jammu’s rule from Rawalpindi, Bhimber, Rajouri, Bhadarwah and Kishtwar, across Laddakh and into Tibet. His General Zorawar Singh led six expeditions into Laddakh between 1834 and 1841 through Kishtwar, Padar and Zanskar. In May 1841, Zorawar left Leh with an army of 5000 Dogras and Laddakhis and advanced on Tibet. Defeating the Tibetans at Rudok and Tashigong, he reached Minsar near Lake Mansarovar from where he advanced to Taklakot (Purang), 15 miles from the borders of Nepal and Kumaon, and built a fort stopping for the winter. Lhasa sent large re-inforcements to meet him. Zorawar, deciding to take the offensive, was killed in the Battle of Toyu, on 11-12 December 1841 at 16,000 feet.

A Laddakhi rebellion resulted against Jammu, aided now by the advancing Tibetans. A new army was sent under Hari Chand suppressing the rebellion and throwing back the Tibetans, leading to a peace treaty between Lhasa and Jammu signed on 17 September 1842: “We have agreed that we have no ill-feelings because of the past war. The two kings will henceforth remain friends forever. The relationship between Maharajah Gulab Singh of Kashmir and the Lama Guru of Lhasa (Dalai Lama) is now established. The Maharajah Sahib, with God (Kunchok) as his witness, promises to recognise ancient boundaries, which should be looked after by each side without resorting to warfare. When the descendants of the early kings, who fled from Laddakh to Tibet, now return they will not be stopped by Shri Maharajah. Trade between Laddakh and Tibet will continue as usual. Tibetan government traders coming into Laddakh will receive free transport and accommodations as before, and the Laddakhi envoy will, in turn, receive the same facilities in Lhasa. The Laddakhis take an oath before God (Kunchok) that they will not intrigue or create new troubles in Tibetan territory. We have agreed, with God as witness, that Shri Maharajah Sahib and the Lama Guru of Lhasa will live together as members of the same household.” The traditional boundary between Laddakh and Tibet “as recognised by both sides since olden times” was accepted by the envoys of Gulab Singh and the Dalai Lama.

An earlier 1684 treaty between Laddakh and Lhasa had said that while Laddakh would send tribute to Lhasa every three years, “the king of Laddakh reserves to himself the village of Minsar in Ngarees-khor-sum, that he may be independent there; and he sets aside its revenue for the purpose of meeting the expense involved in keeping up the sacrificial lights at Kangree (Kailas), and the Holy Lakes of Mansarovar and Rakas Tal”. The area around Minsar village near Lake Mansarovar, held by the rulers of Laddakh since 1583, was retained by Jammu in the 1842 peace-treaty, and its revenue was received by J&K State until 1948.

After Ranjit Singh’s death in 1839, Gulab Singh was alienated from the Lahore Court where the rise of his brothers and a nephew aroused enough Khalsa jealousy to see them assassinated in palace intrigues. While the Sikhs imploded, Gulab Singh had expanded his own dominion from Rawalpindi to Minsar ~ everywhere except Srinagar Valley itself. He had apparently advised the Sikhs not to attack the British in breach of the 1809 Treaty, and when they did so he had not joined them, though had he done so British power in North India might have been broken. The British were grateful for his neutrality and also his help in their first misbegotten adventure in Afghanistan. It was Gulab Singh who was now encouraged by both the British and the Sikhs to mediate between them, indeed “to take a leading part in arranging conditions of peace”, and he formally represented the Sikh regency in the negotiations. The 9 March 1846 Treaty of Lahore “set forth that the British Government having demanded in addition to a certain assignment of territory, a payment of a crore and a half of rupees, and the Sikh Government being unable to pay the whole”, Dalip Singh “should cede as equivalent to one crore the hill country belonging to the Punjab between the Beas and the Indus including Kashmir and the Hazara”.

For the British to occupy the whole of this mountainous territory was judged unwise on economic and military grounds; it was not feasible to occupy from a military standpoint and the area “with the exception of the small Valley of Kashmir” was “for the most part unproductive”. “On the other hand, the ceded tracts comprised the whole of the hereditary possessions of Gulab Singh, who, being eager to obtain an indefeasible title to them, came forward and offered to pay the war indemnity on condition that he was made the independent ruler of Jammu & Kashmir.

A separate treaty embodying this arrangement was thus concluded between the British and Gulab Singh at Amritsar on 16 March 1846.” Gulab Singh acknowledged the British Government’s supremacy, and in token of it agreed to present annually to the British Government “one horse, twelve shawl goats of approved breed and three pairs of Kashmir shawls. This arrangement was later altered; the annual presentation made by the Kashmir State was confined to two Kashmir shawls and three romals (handkerchiefs).” The Treaty of Amritsar “put Gulab Singh, as Maharaja, in possession of all the hill country between the Indus and the Ravi, including Kashmir, Jammu, Laddakh and Gilgit; but excluding Lahoul, Kulu and some areas including Chamba which for strategic purposes, it was considered advisable (by the British) to retain and for which a remission of Rs 25 lakhs was made from the crore demanded, leaving Rs 75 lakhs as the final amount to be paid by Gulab Singh.” The British retained Hazara which in 1918 was included into NWFP. Through an intrigue emanating from Prime Minister Lal Singh in Lahore, Imamuddin, the last Sikh-appointed Governor of Kashmir, sought to prevent Gulab Singh taking possession of the Valley in accordance with the Treaty’s terms. By December 1846 Gulab Singh had done so, though only with help of a British force which included 17,000 Sikh troops “who had been fighting in the campaign just concluded”. (Contemporary British opinion even predicted Sikhism like Buddhism “would become extinct in a short time if it were not kept alive by the esprit de corps of the Sikh regiments”.)

The British in 1846 may have been glad enough to allow Gulab Singh take independent charge of the new entity that came to be now known as the “State of Jammu & Kashmir”. Later, however. they and their American allies would grow keen to control or influence the region vis-à-vis their new interests against the Russian and Soviet Empires.

FOUR
PAKISTAN’S ALLIES
by Subroto Roy First published in two parts in The Sunday Statesman, June 4 2006, The Statesman June 5 2006, Editorial Page Special Article, http://www.thestatesman.net

From the 1846 Treaty of Amritsar creating the State of Jammu & Kashmir until the collapse of the USSR in 1991, Britain and later the USA became increasingly interested in the subcontinent’s Northwest. The British came to India by sea to trade. Barren, splendid, landlocked Afghanistan held no interest except as a home of fierce tribes; but it was the source of invasions into the Indian plains and prompted a British misadventure to install Shah Shuja in place of Dost Mohammad Khan leading to ignominious defeat. Later, Afghanistan was seen as the underbelly of the Russian and Soviet empires, and hence a location of interest to British and American strategic causes.

In November 1954, US President Dwight Eisenhower authorized 30 U-2 spy aircraft to be produced for deployment against America’s perceived enemies, especially to investigate Soviet nuclear missiles which could reach the USA. Reconnaissance balloons had been unsuccessful, and numerous Western pilots had been shot down taking photographs from ordinary military aircraft. By June 1956, U-2 were making clandestine flights over the USSR and China. But on May 1 1960, one was shot or forced down over Sverdlovsk, 1,000 miles within Soviet territory. The Americans prevaricated that it had taken off from Turkey on a weather-mission, and been lost due to oxygen problems. Nikita Kruschev then produced the pilot, Francis Gary Powers, who was convicted of spying, though was exchanged later for a Soviet spy. Powers had been headed towards Norway, his task to photograph Soviet missiles from 70,000 ft, his point of origin had been an American base 20 miles from Peshawar.

America needed clandestine “forward bases” from which to fly U-2 aircraft, and Pakistan’s ingratiating military and diplomatic establishment was more than willing to offer such cooperation, fervently wishing to be seen as a “frontline state” against the USSR. “We will help you defeat the USSR and we are hopeful you will help us defeat India” became their constant refrain. By 1986, the Americans had been permitted to build air-bases in Balochistan and also use Mauripur air-base near Karachi.

Jammu & Kashmir and especially Gilgit-Baltistan adjoins the Pashtun regions whose capital has been Peshawar. In August-November 1947, a British coup d’etat against J&K State secured Gilgit-Baltistan for the new British Dominion of Pakistan.

The Treaty of Amritsar had nowhere required Gulab Singh’s dynasty to accept British political control in J&K as came to be exercised by British “Residents” in all other Indian “Native States”. Despite this, Delhi throughout the late 19th Century relentlessly pressed Gulab Singh’s successors Ranbir Singh and Partab Singh to accept political control. The Dogras acquiesced eventually. Delhi’s desire for control had less to do with the welfare of J&K’s people than with protection of increasing British interests in the area, like European migration to Srinagar Valley and guarding against Russian or German moves in Afghanistan. “Sargin” or “Sargin Gilit”, later corrupted by the Sikhs and Dogras into “Gilgit”, had an ancient people who spoke an archaic Dardic language “intermediate between the Iranian and the Sanskritic”. “The Dards were located by Ptolemy with surprising accuracy on the West of the Upper Indus, beyond the headwaters of the Swat River (Greek: Soastus) and north of the Gandarae (i.e. Kandahar), who occupied Peshawar and the country north of it. This region was traversed by two Chinese pilgrims, Fa-Hsien, coming from the north about AD 400 and Hsuan Tsiang, ascending from Swat in AD 629, and both left records of their journeys.”

Gilgit had been historically ruled by a Hindu dynasty called Trakane; when they became extinct, Gilgit Valley “was desolated by successive invasions of neighbouring rulers, and in the 20 or 30 years ending with 1842 there had been five dynastic revolutions. The Sikhs entered Gilgit about 1842 and kept a garrison there.” When J&K came under Gulab Singh, “the Gilgit claims were transferred with it, and a boundary commission was sent” by the British. In 1852 the Dogras were driven out with 2,000 dead. In 1860 under Ranbir Singh, the Dogras “returned to Gilgit and took Yasin twice, but did not hold it. They also in 1866 invaded Darel, one of the most secluded Dard states, to the south of the Gilgit basin but withdrew again.”

The British appointed a Political Agent in Gilgit in 1877 but he was withdrawn in 1881. “In 1889, in order to guard against the advance of Russia, the British Government, acting as the suzerain power of Kashmir, established the Gilgit Agency”. The Agency was re-established under control of the British Resident in Jammu & Kashmir. “It comprised the Gilgit Wazarat; the State of Hunza and Nagar; the Punial Jagir; the Governorships of Yasin, Kuh-Ghizr and Ishkoman, and Chilas”. In 1935, the British demanded J&K lease to them for 60 years Gilgit town plus most of the Gilgit Agency and the hill-states Hunza, Nagar, Yasin and Ishkuman. Hari Singh had no choice but to acquiesce. The leased region was then treated as part of British India, administered by a Political Agent at Gilgit responsible to Delhi, first through the Resident in J& K and later a British Agent in Peshawar. J& K State no longer kept troops in Gilgit and a mercenary force, the Gilgit Scouts, was recruited with British officers and paid for by Delhi. In April 1947, Delhi decided to formally retrocede the leased areas to Hari Singh’s J& K State as of 15 August 1947. The transfer was to formally take place on 1 August.

On 31 July, Hari Singh’s Governor arrived to find “all the officers of the British Government had opted for service in Pakistan”. The Gilgit Scouts’ commander, a Major William Brown aged 25, and his adjutant, a Captain Mathieson, planned openly to engineer a coup détat against Hari Singh’s Government. Between August and October, Gilgit was in uneasy calm. At midnight on 31 October 1947, the Governor was surrounded by the Scouts and the next day he was “arrested” and a provisional government declared.

Hari Singh’s nearest forces were at Bunji, 34 miles from Gilgit, a few miles downstream from where the Indus is joined by Gilgit River. The 6th J& K Infantry Battalion there was a mixed Sikh-Muslim unit, typical of the State’s Army, commanded by a Lt Col. Majid Khan. Bunji controlled the road to Srinagar. Further upstream was Skardu, capital of Baltistan, part of Laddakh District where there was a small garrison. Following Brown’s coup in Gilgit, Muslim soldiers of the 6th Infantry massacred their Sikh brothers-at-arms at Bunji. The few Sikhs who survived escaped to the hills and from there found their way to the garrison at Skardu.

On 4 November 1947, Brown raised the new Pakistani flag in the Scouts’ lines, and by the third week of November a Political Agent from Pakistan had established himself at Gilgit. Brown had engineered Gilgit and its adjoining states to first secede from J&K, and, after some talk of being independent, had promptly acceded to Pakistan. His commander in Peshawar, a Col. Bacon, as well as Col. Iskander Mirza, Defence Secretary in the new Pakistan and later to lead the first military coup détat and become President of Pakistan, were pleased enough. In July 1948, Brown was awarded an MBE (Military) and the British Governor of the NWFP got him a civilian job with ICI~ which however sent him to Calcutta, where he came to be attacked and left for dead on the streets by Sikhs avenging the Bunji massacre. Brown survived, returned to England, started a riding school, and died in 1984. In March 1994, Pakistan awarded his widow the Sitara-I-Pakistan in recognition of his coup détat.

Gilgit’s ordinary people had not participated in Brown’s coup which carried their fortunes into the new Pakistan, and to this day appear to remain without legislative representation. It was merely assumed that since they were mostly Muslim in number they would wish to be part of Pakistan ~ which also became Liaquat Ali Khan’s assumption about J&K State as a whole in his 1950 statements in North America. What the Gilgit case demonstrates is that J&K State’s descent into a legal condition of ownerless anarchy open to “Military Decision” had begun even before the Pakistani invasion of 22 October 1947 (viz. “Solving Kashmir”, The Statesman, 1-3 December 2005). Also, whatever else the British said or did with respect to J & K, they were closely allied to the new Pakistan on the matter of Gilgit.

The peak of Pakistan’s Anglo-American alliance came with the enormous support in the 1980s to guerrilla forces created and headquartered in Peshawar, to battle the USSR and Afghan communists directly across the Durand Line. It was this guerrilla war which became a proximate cause of the collapse of the USSR as a political entity in 1991. President Ronald Reagan’s CIA chief William J. Casey sent vast sums in 1985-1988 to supply and train these guerrillas. The Washington Post and New Yorker reported the CIA training guerrillas “in the use of mortars, rocket grenades, ground-to-air missiles”. 200 hand-held Stinger missiles were supplied for the first time in 1986 and the New Yorker reported Gulbudin Hikmatyar’s “Hizbe Islami” guerrillas being trained to bring down Soviet aircraft. “Mujahideen had been promised two Stingers for every Soviet aircraft brought down. Operators who failed to aim correctly were given additional training… By 1986, the United States was so deeply involved in the Afghan war that Soviet aircraft were being brought down under the supervision of American experts”. (Raja Anwar, The Tragedy of Afghanistan, 1988, p. 234).

The budding US-China détente brokered by Pakistan came into full bloom here. NBC News on 7 January 1980 said “for the first time in history (a senior State Department official) publicly admitted the possibility of concluding a military alliance between the United States and China”. London’s Daily Telegraph reported on 5 January 1980 “China is flying large supplies of arms and ammunition to the insurgents in Afghanistan. According to diplomatic reports, supplies have arrived in Pakistan from China via the Karakoram Highway…. A major build-up of Chinese involvement is underway ~ in the past few days. Scores of Chinese instructors have arrived at the Shola-e-Javed camps.”

Afghan reports in 1983-1985 said “there were eight training camps near the Afghan border operated by the Chinese in Sinkiang province” and that China had supplied the guerrillas “with a variety of weapons including 40,000 RPG-7 and 20,000 RPG-II anti tank rocket launchers.” Like Pakistan, “China did not publicly admit its involvement in the Afghan conflict: in 1985 the Chinese Mission at the UN distributed a letter denying that China was extending any kind of help to the Afghan rebels” (Anwar, ibid. p. 234). Support extended deep and wide across the Arab world. “The Saudi and Gulf rulers … became the financial patrons of the Afghan rebels from the very start of the conflict”. Anwar Sadat, having won the Nobel Peace Prize, was “keen to claim credit for his role in Afghanistan…. by joining the Afghanistan jihad, Sadat could re-establish his Islamic credentials, or so he believed. He could thus not only please the Muslim nations but also place the USA and Israel in his debt.” Sadat’s Defence Minister said in January 1980: “Army camps have been opened for the training of Afghan rebels; they are being supplied with weapons from Egypt” and Sadat told NBC News on 22 September 1981 “that for the last twenty-one months, the USA had been buying arms from Egypt for the Afghan rebels. He said he had been approached by the USA in December 1979 and he had decided to `open my stores’. He further disclosed that these arms were being flown to Pakistan from Egypt by American aircraft. Egypt had vast supplies of SAM-7 and RPG-7 anti-aircraft and anti-tank weapons which Sadat agreed to supply to Afghanistan in exchange for new American arms. The Soviet weapons, being light, were ideally suited to guerrilla warfare. … the Mujahideen could easily claim to have captured them from Soviet and Afghan troops in battle.… Khomeini’s Iran got embroiled in war (against Iraq) otherwise Kabul would also have had to contend with the full might of the Islamic revolutionaries.” (Anwar ibid. p. 235).

Afghanistan had been occupied on 26-27 December 1979 by Soviet forces sent by the decrepit Leonid Brezhnev and Yuri Andropov to carry out a putsch replacing one communist, Hafizullah Amin, with a rival communist and Soviet protégé, Babrak Karmal. By 1985 Brezhnev and Andropov were dead and Mikhail Sergeyevich Gorbachev had begun his attempts to reform the Soviet system, usher in openness, end the Cold War and in particular withdraw from Afghanistan, which by 1986 he had termed “a bleeding wound”. Gorbachev replaced Karmal with a new protégé Najibullah Khan, who was assigned the impossible task of bringing about national reconciliation with the Pakistan-based guerrillas and form a national government. Soviet forces withdrew from Afghanistan in February 1989 having lost 14,500 dead, while more than a million Afghans had been killed since the invasion a decade earlier.

Not long after Russia’s Bolshevik Revolution, Gregory Zinoviev had said that international communism “turns today to the peoples of the East and says to them, `Brothers, we summon you to a Holy War first of all against British imperialism!’ At this there were cries of Jehad! Jehad! And much brandishing of picturesque Oriental weapons.” (Treadgold, Twentieth Century Russia, 1990, p. 213). Now instead, the Afghan misadventure had contributed to the collapse of the Soviet Empire itself, the USSR ceasing to be a political entity by 1991, and even Gorbachev being displaced by Boris Yeltsin and later Vladimir Putin in a new Russia.

What resulted for the people of the USA and Britain and the West in general was that they no longer had to live under threat of hostile Soviet tanks and missiles, while the people of Russia, Ukraine and the other erstwhile Soviet republics as well as Eastern Europe were able to throw off the yoke of communism that had oppressed them since the Bolshevik Revolution and instead to breathe the air of freedom.

What happened to the people of Afghanistan, however, was that they were plunged into further ghastly civil war for more than ten years. And what happened to the people of Pakistan was that their country was left resembling a gigantic Islamist military camp, awash with airfields, arms, ammunition and trained guerrillas, as well as a military establishment enlivened as always by perpetual hope that these supplies, provisions and personnel of war might find alternative use in attacks against India over J& K. “We helped you when you wished to see the Soviet Union defeated and withdrawing in Afghanistan”, Pakistan’s generals and diplomats pleaded with the Americans and British, “now you must help us in our wish to see India defeated and withdrawing in Kashmir”. Pakistan’s leaders even believed that just as the Soviet Union had disintegrated afterwards, the Indian Union perhaps might be made to do the same. Not only were the two cases as different as chalk from cheese, Palmerstone’s dictum there are no permanent allies in the politics of nations could not have found more apt use than in what actually came to take place next.

Pakistan’s generals and diplomats felt betrayed by the loss of Anglo-American paternalism towards them after 1989.

Modern Pakistanis had never felt they subscribed to the Indian nationalist movement culminating in independence in August 1947. The Pakistani state now finally declared its independence in the world by exploding bombs in a nuclear arsenal secretly created with help purchased from China and North Korea. Pakistan’s leaders thus came to feel in some control of Pakistan’s destiny as a nation-state for the first time, more than fifty years after Pakistan’s formal creation in 1947. If nothing else, at least they had the Bomb.

Secondly, America and its allies would not be safe for long since the civil war they had left behind in Afghanistan while trying to defeat the USSR now became a brew from which arose a new threat of violent Islamism. Osama bin Laden and the Taliban, whom Pakistan’s military and the USA had promoted, now encouraged unprecedented attacks on the American mainland on September 11 2001 ~ causing physical and psychological damage which no Soviet, Chinese or Cuban missiles ever had been allowed to do. In response, America attacked and removed the Taliban regime in Afghanistan, once again receiving the cooperative use of Pakistani manpower and real estate ~ except now there was no longer any truck with the Pakistani establishment’s wish for a quid pro quo of Anglo-American support against India on J&K. Pakistan’s generals and diplomats soon realised their Anglo-American alliance of more than a half-century ended on September 11 2001. Their new cooperation was in killing or arresting and handing over fellow-Muslims and necessarily lacked their earlier feelings of subservience and ingratiation towards the Americans and British, and came to be done instead under at least some duress. No benefit could be reaped any more in the fight against India over Jammu & Kashmir. An era had ended in the subcontinent.

FIVE

WHAT TO TELL MUSHARRAF: PEACE IS IMPOSSIBLE WITHOUT NON-AGGRESSIVE PAKISTANI INTENTIONS by Subroto Roy, First published in The Statesman December 15 2006 Editorial Page Special Article, www.thestatesman.net

In June 1989 a project at an American university involving Pakistani and other scholars, including one Indian, led to the book 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, and General Musharraf’s current proposal on J&K, endorsed warmly by the US State Department last week, derives from the last paragraph of its editorial introduction: “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 editors as economists 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.”

International law

Such words may have been bold in the early 1990s but today, a decade and a half later, they seem incomplete and rather naïve even to their author, who was myself, the only Indian in that project. 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 contemporary Pakistani state.

Jammu & Kashmir became an entity in international law when the Treaty of Amritsar was signed between Gulab Singh and the British on March 16 1846. British India itself became an entity in international law much later, possibly as late as June 1919 when it signed the Treaty of Versailles. As for Pakistan, it had no existence in world history or international law until August 14 1947, when the British created it as a new entity out of certain demarcated areas of British India and gave it the status of a Dominion. British India dissolved itself on August 15 1947 and the Dominion of India became its successor-state in international law on that date. As BR Ambedkar pointed out at the time, the new India automatically inherited British India’s suzerainty over any and all remaining “princely” states of so-called “Indian India”. In case of J&K in particular, there never was any question of it being recognised as an independent entity in global international law.

The new Pakistan, by entering a Standstill Agreement with J&K as of August 15 1947, did locally recognise J&K’s sovereignty over its decision whether to join Pakistan or India. But this Pakistani recognition lasted only until the attack on J&K that commenced from Pakistani territory as of October 22 1947, an attack in which Pakistani forces were complicit (something which, in different and mutating senses, has continued ever since). The Dominion of India had indicated it might have consented if J&K’s Ruler had decided to accede to Pakistan in the weeks following the dissolution of British India. But no such thing happened: what did happen was the descent of J&K into a condition of legal anarchy.

Beginning with the Pakistani attack on J&K as of October 22 upto and including the Rape of Baramulla and the British-led Pakistani coup détat in Gilgit on one side, and the arrival of Indian forces as well as mobilization by Sheikh Abdullah and Bakshi Ghulam Mohammad of J&K’s civilians to repel the Pakistani invaders on the other side, the State of Jammu & Kashmir became an ownerless entity in international law. In Roman Law, from which all modern international and municipal law ultimately derives, the ownership of an ownerless entity is open to be determined by “military decision”. The January 1949 Ceasefire Line that came to be renamed the Line of Control after the 1971 Bangladesh War, demarcates the respective territories that the then-Dominions and later Republics of India and Pakistan acquired by “military decision” of the erstwhile State of J&K which had come to cease to exist.

What the Republic of India means by saying today that boundaries cannot be redrawn nor any populations forcibly transferred is quite simply that the division of erstwhile J&K territory is permanent, and that sovereignty over it is indivisible. It is only sheer ignorance on the part of General Musharraf’s Indian interviewer the other day which caused it to be said that Pakistan was willing to “give up” its claim on erstwhile J&K State territory which India has held: Pakistan has never had nor even made such a  claim in international law. What Pakistan has claimed is that India has been an occupier and that there are many people inhabiting the Indian area who may not wish to be Indian nationals and who are being compelled against their will to remain so ~  forgetting to add that precisely the same could be said likewise of the Pakistani-held area.

Accordingly, the lawful solution proposed in these pages a year ago to resolve that matter, serious as it is, has been that the Republic of India invite every person covered under Article 370, citizen-by- citizen, under a condition of full information, to privately and without fear decide, if he/she has not done so already, between possible Indian, Iranian, Afghan or Pakistani nationalities ~ granting rights and obligations of permanent residents to any of those persons who may choose for whatever private reason not to remain Indian nationals. If Pakistan acted likewise, the problem of J&K would indeed come to be resolved. The Americans, as self- appointed mediators, have said they wish “the people of the region to have a voice” in a solution: there can be no better expression of such voice than allowing individuals to privately choose their own nationalities and their rights and responsibilities accordingly. The issue of territorial sovereignty is logically distinct from that of the choice of nationality by individual inhabitants.

Military de-escalation

Equally significant though in assessing whether General Musharraf’s proposal is an  anachronism, is Pakistan’s history since 1947: through Ayub’s 1965 attack, the civil war and secession of Bangladesh, the Afghan war and growth of the ISI, the Kargil incursion, the 1999 coup détat, and, once or twice removed, the 9/11 attacks against America. It is not a history that allows any confidence to arise in Indians that we are not dealing with a country misgoverned by a tiny arrogant exploitative military elite who remain hell-bent on aggression against us. Like the USA and USSR twenty years ago, what we need to negotiate about, and negotiate hard about, is an overall mutual military drawdown and de-escalation appropriate to lack of aggressive intent on both sides. Is General Musharraf willing to discuss that? It would involve reciprocal verifiable assessment of one another’s reasonable military requirements on the assumption that each was not a threatening enemy of the other. That was how the USA-USSR drawdown and de-escalation occurred successfully. If General Musharraf is unwilling to enter such a discussion, there is hardly anything to talk about with him. We should wait for democracy to return.

SIX

“AN INDIAN REPLY TO PRESIDENT ZARDARI: REWARDING PAKISTAN FOR BAD BEHAVIOUR LEADS TO SCHIZOPHRENIC RELATIONSHIPS”

by Subroto Roy, December 17 2008

Pakistan President Asif Ali Zardari’s recent argument in the New York Times resembles closely the well-known publications of his ambassador to the United States, Mr Husain Haqqani. Unfortunately, this Zardari-Haqqani thesis about Pakistan’s current predicament in the world and the world’s predicament with Pakistan is shot through with clear factual and logical errors. These need to be aired because true or useful conclusions cannot be reached from mistaken premises or faulty reasoning.

1. Origins of Pakistan, India, J&K, and their mutual problems

Mr Zardari makes the following seemingly innocuous statement:

“…. the two great nations of Pakistan and India, born together from the same revolution and mandate in 1947, must continue to move forward with the peace process.”

Now as a matter of simple historical fact, the current entities in the world system known as India and Pakistan were not “born together from the same revolution and mandate in 1947”. It is palpably false to suppose they were and Pakistanis indulge in wishful thinking and self-deception about their own political history if they suppose this.

India’s Republic arose out of the British Dominion known as “India” which was the legal successor of the entity known previously in international law as “British India”. British India had had secular governance and so has had the Indian Republic.

By contrast, the Islamic Republic of Pakistan arose out of a newly created state in international law known as the British Dominion of Pakistan, consisting of designated territory carved out of British India by a British decision and coming into existence one day before British India extinguished itself. (Another new state, Bangladesh, later seceded from Pakistan.)

The British decision to create territory designated “Pakistan” had nothing to do with any anti-British “revolution” or “mandate” supported by any Pakistani nationalism because there was none. (Rahmat Ali’s anti-Hindu pamphleteering in London could be hardly considered Pakistani nationalism against British rule. Khan Abdul Ghaffar Khan’s Pashtun patriots saw themselves as Indian, not Pakistani.)

To the contrary, the British decision had to do with a small number of elite Pakistanis — MA Jinnah foremost among them — demanding not to be part of the general Indian nationalist movement that had been demanding a British departure from power in the subcontinent. Jinnah’s separatist party, the Muslim League, was trounced in the 1937 provincial elections in all the Muslim-majority areas of British India that would eventually become Pakistan. Despite this, in September 1939, Britain, at war with Nazi Germany, chose to elevate the political power of Jinnah and his League to parity with the general Indian nationalist movement led by MK Gandhi. (See, Francis Robinson, in William James and Subroto Roy (eds), Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s.) Britain needed India’s mostly Muslim infantry-divisions — the progenitors of the present-day Pakistan Army — and if that meant tilting towards a risky political idea of “Pakistan” in due course, so it would be. The thesis that Pakistan arose from any kind of “revolution” or “mandate” in 1947 is fantasy — the Muslim super-elite that invented and endorsed the Pakistan idea flew from Delhi to Karachi in chartered BOAC Dakotas, caring not a hoot about the vulnerability of ordinary Muslim masses to Sikh and Hindu majority wrath and retaliation on the ground.

Modern India succeeded to the rights and obligations of British India in international law, and has had a recognized existence as a state since at least the signing of the Armistice and Treaty of Versailles in 1918-1919. India was a founding member of the United Nations, being a signatory of the 1945 San Francisco Declaration, and an original member of the Bretton Woods institutions. An idea put forward by Argentina that as of 1947 India and Pakistan were both successor states of British India was rejected by the UN (Argentina withdrew its own suggestion), and it was universally acknowledged India was already a member of the UN while Pakistan would have to (and did) apply afresh for membership as a newly created state in the UN. Pakistan’s entry into the UN had the enthusiastic backing of India and was opposed by only one existing UN member, Afghanistan, due to a conflict that continues to this day over the legitimacy of the Durand Line that bifurcated the Pashtun areas.

Such a review of elementary historical facts and the position in law of Pakistan and India is far from being of merely pedantic interest today. Rather, it goes directly to the logical roots of the conflict over the erstwhile State of Jammu and Kashmir (J&K) — a state that itself originated as an entity in the world system a full century before Pakistan was to do so and more than half a century before British India did, but which would collapse into anarchy and civil war in 1947-1949.

Britain (or England) had been a major nation-state in the world system recognized since Grotius first outlined modern international law. On March 16 1846, Britain entered into a treaty, the Treaty of Amritsar, with one Gulab Singh, and the “State of Jammu & Kashmir” came to arise as a recognizable entity in international law for the first time. (See my “History of Jammu and Kashmir” published in The Statesman, Oct 29-30 2006, available elsewhere here.)

Jammu & Kashmir continued in orderly existence as a state until it crashed into legal and political anarchy and civil war a century later. The new Pakistan had entered into a “Standstill Agreement” with the State of Jammu & Kashmir as of August 15 1947. On or about October 22 1947, Pakistan unilaterally ended that Standstill Agreement and instead caused military forces from its territory to attack the State of Jammu & Kashmir along the Mansehra Road towards Baramula and Srinagar, coinciding too with an Anglo-Pakistani coup d’etat in Gilgit and Baltistan (see my “Solving Kashmir”; “Law, Justice & J&K”; “Pakistan’s Allies”, all published in The Statesman in 2005-2006 and available elsewhere here).

The new Pakistan had chosen, in all deliberation, to forswear law, politics and diplomacy and to resort to force of arms instead in trying to acquire J&K for itself via a military decision. It succeeded only partially. Its forces took and then lost both Baramula and Kargil; they may have threatened Leh but did not attempt to take it; they did take and retain Muzaffarabad and Skardu; they were never near taking the summer capital, Srinagar, though might have threatened the winter capital, Jammu.

All in all, a Ceasefire Line came to be demarcated on the military positions as of February 1 1949. After a war in 1971 that accompanied the secession of Bangladesh from Pakistan, that Ceasefire Line came to be renamed the “Line of Control” between Pakistan and India. An ownerless entity may be acquired by force of arms — the erstwhile State of Jammu & Kashmir in 1947-1949 had become an ownerless entity that had been dismembered and divided according to military decision following an armed conflict between Pakistan and India. The entity in the world system known as the “State of Jammu & Kashmir” created on March 16 1846 by Gulab Singh’s treaty with the British ceased to exist as of October 22 1947. Pakistan had started the fight over J&K but there is a general rule of conflicts that he who starts a fight does not get to finish it.

Such is the simplest and most practical statement of the history of the current problem. The British, through their own compulsions and imperial pretensions, raised all the talk about a “Lapse of Paramountcy” of the British Crown over the “Native Princes” of “Indian India”, and of how, the “Native Princes” were required to “accede” to either India or Pakistan. This ignored Britain’s own constitutional law. BR Ambedkar pointed out with unsurpassed clarity that no “Lapse of Paramountcy” was possible even for a single logical moment since “Paramountcy” over any “Native Princes” who had not joined India or Pakistan as of August 15 1947, automatically passed from British India to its legal successor, namely, the Dominion of India. It followed that India’s acquiescence was required for any subsequent accession to Pakistan – an acquiescence granted in case of Chitral and denied in case of Junagadh.

What the Republic of India means by saying today that boundaries cannot be redrawn nor any populations forcibly transferred is quite simply that the division of erstwhile J&K territory is permanent, and that sovereignty over it is indivisible. What Pakistan has claimed is that India has been an occupier and that there are many people inhabiting the Indian area who may not wish to be Indian nationals and who are being compelled against their will to remain so ~ forgetting to add that precisely the same could be said likewise of the Pakistani-held area. The lawful solution I proposed in “Solving Kashmir, “Law, Justice and J&K” and other works has been that the Republic of India invite every person covered under its Article 370, citizen-by-citizen, under a condition of full information, to privately and without fear decide, if he/she has not done so already, between possible Indian, Iranian, Afghan or Pakistani nationalities ~ granting rights and obligations of permanent residents to any of those persons who may choose for whatever private reason not to remain Indian nationals. If Pakistan acted likewise, the problem of J&K would indeed come to be resolved. The Americans, as self-appointed mediators, have said they wish “the people of the region to have a voice” in a solution: there can be no better expression of such voice than allowing individuals to privately choose their own nationalities and their rights and responsibilities accordingly. The issue of territorial sovereignty is logically distinct from that of the choice of nationality by individual inhabitants.

2. Benazir’s assassination falsely compared to the Mumbai massacres
Secondly, President Zardari draws a mistaken comparison between the assassination last year of his wife, Benazir Bhutto, and the Mumbai massacres a few weeks ago. Ms Bhutto’s assassination may resemble more closely the assassinations in India of Indira Gandhi in 1984 and Rajiv Gandhi in 1991.

Indira Gandhi died in “blowback” from the unrest she and her younger son and others in their party had opportunistically fomented among Sikh fundamentalists and sectarians since the late 1970s. Rajiv Gandhi died in “blowback” from an erroneous imperialistic foreign policy that he, as Prime Minister, had been induced to make by jingoistic Indian diplomats, a move that got India’s military needlessly involved in the then-nascent Sri Lankan civil war. Benazir Bhutto similarly may be seen to have died in “blowback” from her own political activity as prime minister and opposition leader since the late 1980s, including her own encouragement of Muslim fundamentalist forces. Certainly in all three cases, as in all assassinations, there were lapses of security too and imprudent political judgments made that contributed to the tragic outcomes.

Ms Bhutto’s assassination has next to nothing to do with the Mumbai massacres, besides the fact the perpetrators in both cases were Pakistani terrorists. President Zardari saying he himself has lost his wife to terrorism is true but not relevant to the proper diagnosis of the Mumbai massacres or to Pakistan-India relations in general. Rather, it serves to deflect criticism and condemnation of the Pakistani state’s pampered handing of Pakistan’s terrorist masterminds, as well as the gross irresponsibility of Pakistan’s military scientists (not AQ Khan) who have been recently advocating a nuclear first strike against India in the event of war.

3. Can any religious nation-state be viable in the modern world?

President Zardari’s article says:

“The world worked to exploit religion against the Soviet Union in Afghanistan by empowering the most fanatic extremists as an instrument of destruction of a superpower. The strategy worked, but its legacy was the creation of an extremist militia with its own dynamic.”

This may be overly simplistic. As pointed out in my article “Pakistan’s Allies”, Gregory Zinoviev himself after the Bolshevik Revolution had declared that international communism “turns today to the peoples of the East and says to them, ‘Brothers, we summon you to a Holy War first of all against British imperialism!’ At this there were cries of Jehad! Jehad! And much brandishing of picturesque Oriental weapons.” (Treadgold, Twentieth Century Russia, 1990, p. 213). For more than half of the 20th century, orthodox Muslims had been used by Soviet communists against British imperialism, then by the British and Americans (through Pakistan) against Soviet communism. Touché! Blowback and counter-blowback! The real question that arises from this today may be why orthodox Muslims have allowed themselves to be used either way by outside forces and have failed in developing a modern nation-state and political culture of their own. Europe and America only settled down politically after their religious wars were over. Perhaps no religious nation-state is viable in the modern world.

4. Pakistan’s behaviour leads to schizophrenia in international relations

President Zardari pleads for, or perhaps demands, resources from the world:

“the best response to the Mumbai carnage is to coordinate in counteracting the scourge of terrorism. The world must act to strengthen Pakistan’s economy and democracy, help us build civil society and provide us with the law enforcement and counterterrorism capacities that will enable us to fight the terrorists effectively.”

Six million pounds from Mr Gordon Brown, so much from here or there etc – President Zardari has apparently demanded 100 billion dollars from America and that is the price being talked about for Pakistan to dismantle its nuclear weapons and be brought under an American “nuclear umbrella” instead.

I have pointed out elsewhere that what Pakistan seems to have been doing in international relations for decades is send out “mixed messages” – i.e. contradictory signals, whether in thought, word or deed. Clinical psychologists following the work of Gregory Bateson would say this leads to confusion among Pakistan’s interlocutors (a “double bind”) and the symptoms arise of what may be found in schizophrenic relationships. (See my article “Do President-elect Obama’s Pakistan specialists believe…”; on the “double bind” theory, an article I chanced to publish in the Journal of Genetic Psychology, 1986, may be of interest).

Here are a typical set of “mixed messages” emanating from Pakistan’s government and opinion-makers:

“We have nuclear weapons
“We keep our nuclear weapons safe from any misuse or unauthorized use
“We are willing to use nuclear weapons in a first strike against India
“We do not comprehend the lessons of Hiroshima-Nagasaki
“We do not comprehend the destruction India will visit upon us if we strike them
“We are dangerous so we must not be threatened in any way
“We are peace-loving and want to live in peace with India and Afghanistan
“We love to play cricket with India and watch Bollywood movies
“We love our Pakistan Army as it is one public institution that works
“We know the Pakistan Army has backed armed militias against India in the past
“We know these militias have caused terrorist attacks
“We are not responsible for any terrorist attacks
“We do not harbour any terrorists
“We believe the world should pay us to not use or sell our nuclear weapons
“We believe the world should pay us to not encourage the terrorists in our country
“We believe the world should pay us to prevent terrorists from using our nuclear weapons
“We hate India and do not want to become like India
“We love India and want to become like India
“We are India and we are not India…”

Etc.

A mature rational responsible and self-confident Pakistan would have said instead:

“We apologise to India and other countries for the outrageous murders our nationals have committed in Mumbai and elsewhere
“We ask the world to watch how our professional army is deployed to disarm civilian and all “non-state” actors of unauthorized firearms and explosives
“We do not need and will not demand or accept a dollar in any sort of foreign aid, military or civilian, to solve our problems
“We realize our economic and political institutions are a mess and we must clean them up
“We will strive to build a society imbued with what Iqbal described as the spirit of modern times..”

As someone who created at great personal cost at an American university twenty years ago the book Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s, I have a special interest in hoping that Pakistan shall find the path of wisdom.”

Seventy Years Today Since the British Government Politically Empowered MA Jinnah

Seventy Years Today Since the British Government Politically Empowered MA Jinnah

by

Subroto Roy

The bloated armies of Indian and Pakistani historians and pseudo-historians have failed to recognize the significance of the precise start of the Second World War upon the fortunes of the subcontinent.  Yet, twenty years ago, in the book I and WE James created at an American university, Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s, one of our authors, Professor Francis Robinson of the University of London, had set out the principal facts most clearly as to what flowed from the September 4 1939 empowerment of MA Jinnah by the British Government.

Germany invaded Poland on September 1 1939 and Britain declared war on Germany on September 3. The next day, Linlithgow, the British Viceroy in India, started to treat MA Jinnah’s Muslim League on par with the Congress’s nationalist movement led by MK Gandhi. Until September 4 1939, the British “had had little time for Jinnah and his League. The Government’s declaration of war on Germany on 3 September, however, transformed the situation. A large part of the army was Muslim, much of the war effort was likely to rest on the two Muslim majority provinces of Punjab and Bengal. The following day, the Viceroy invited Jinnah for talks on an equal footing with Gandhi” (Robinson, in James & Roy (eds) Foundations of Pakistan’s Political Economy 1989, 1992).

Jinnah himself was amazed by the new British attitude towards him: “suddenly there was a change in the attitude towards me. I was treated on the same basis as Mr Gandhi. I was wonderstruck why all of a sudden I was promoted and given a place side by side with Mr Gandhi.”

Jinnah’s political weakness had been made obvious by the electoral defeats the Muslim League had suffered in the 1937 elections in the very provinces which more or less came to constitute West Pakistan and today constitute modern Pakistan. Britain, at war with Germany and soon Japan, was faced with the intransigence of the Congress leadership.  It was unsurprising this would contribute to the British tilt empowering Congress’s declared adversary, Jinnah and the Muslim League, and hence make credible the possibility of the Pakistan that they had demanded:

“As the Congress began to demand immediate independence, the Viceroy took to reassuring Jinnah that Muslim interests would be safeguarded in any constitutional change. Within a few months, he was urging the League to declare a constructive policy for the future, which was of course presented in the Lahore Resolution. In their August 1940 offer, the British confirmed for the benefit of Muslims that power would not be transferred against the will of any significant element in Indian life. And much the same confirmation was given in the Cripps offer nearly two years later…. Throughout the years 1940 to 1945, the British made no attempt to tease out the contradictions between the League’s two-nation theory, which asserted that Hindus and Muslims came from two different civilisations and therefore were two different nations, and the Lahore Resolution, which demanded that ‘Independent States’ should be constituted from the Muslim majority provinces of the NE and NW, thereby suggesting that Indian Muslims formed not just one nation but two. When in 1944 the governors of Punjab and Bengal urged such a move on the Viceroy, Wavell ignored them, pressing ahead instead with his own plan for an all-India conference at Simla. The result was to confirm, as never before in the eyes of leading Muslims in the majority provinces, the standing of Jinnah and the League. Thus, because the British found it convenient to take the League seriously, everyone had to as well—Congressmen, Unionists, Bengalis, and so on….”(Robinson in James & Roy (eds) Foundations of Pakistan’s Political Economy,  pp. 43-44).

Even British socialists who were sympathetic to Indian aspirations, would grow cold when the Congress seemed to abjectly fail to appreciate Britain’s predicament during war with Germany and Japan (Gandhi, for example, dismissing the 1942 Cripps offer as a “post-dated cheque on a failing bank”).

By the 1946 elections, Muslim mass opinion had changed drastically to seem to be strongly in favour of the creation of a Pakistan. The intervening years were the ones when urban mobs all over India could be found shouting the League’s slogans: “Larke lenge Pakistan; Marke lenge Pakistan, Khun se lenge Pakistan; Dena hoga Pakistan; Leke rahenge Pakistan” (We will spill blood to take Pakistan, you will have to yield a Pakistan.)

Events remote from India’s history and geography, namely, the rise of Hitler and the Second World War, had contributed between 1937 and 1947 to the change of fortunes of the Muslim League and hence of all the people of the subcontinent.

The British had long discovered that the mutual antipathy between Muslims and Hindus could be utilised in fashioning their rule; specifically that the organisation and mobilisation of Muslim communal opinion in the subcontinent was a useful counterweight to any pan-Indian nationalism which might emerge to compete with British authority. As early as 1874, well before Allan Octavian Hume, ICS, had conceived the Indian National Congress, John Strachey, ICS, was to observe “The existence side by side of these (Hindu and Muslim) hostile creeds is one of the strong points in our political position in India. The better classes of Mohammedans are a source of strength to us and not of weakness. They constitute a comparatively small but an energetic minority of the population whose political interests are identical with ours.” By 1906, when a deputation of Muslims headed by the Aga Khan first approached the British pleading for communal representation, Minto the Viceroy replied: “I am as firmly convinced as I believe you to be that any electoral representation in India would be doomed to mischievous failure which aimed at granting a personal enfranchisement, regardless of the beliefs and traditions of the communities composing the population of this Continent.” Minto’s wife wrote in her diary that the effect was “nothing less than the pulling back of sixty two millions of (Muslims) from joining the ranks of the seditious opposition.” (The true significance of MAK Azad may have been that he, precisely at the same time, did indeed feel within himself the nationalist’s desire for freedom strongly enough to want to join the ranks of that seditious opposition.)

If a pattern emerges as to the nature of the behaviour of the British political state with respect to the peoples of this or similar regions, it is precisely the economic one of rewarding those loyal to them who had protected or advanced their interests, and penalising those perceived to be acting against their will. It is wishful to think  of members of the British political state as benevolent paternalists, who met with matching deeds their often philanthropic words about promoting the general welfare of their colonial wards or subordinate allies. The slogan “If you are not with us you are against us” that has come to be used by many from the Shining Path Maoists of Peru to President George W. Bush, had been widely applied already by the British in India, especially in the form “If you dare not to be with us, we will be certainly with your adversaries”. It came to be used with greatest impact on the subcontinent’s fortunes in 1939 when Britain found itself reluctantly at war with Hitler’s Germany.

British loyalties lay with those who had been loyal to them.

Hence in the “Indian India” of the puppet princes, Hari Singh and other “Native Princes” who had sent troops to fight as part of the British armies would be treated with a pusillanimity and grandeur so as to flatter their vanities, Sheikh Abdullah’s rebellion representing the Muslim masses of the Kashmir Valley would be ignored. And in British India, Jinnah the conservative Anglophile and his elitist Muslim League would be backed, while the radicalised masses of the Gandhi-Bose-Nehru Congress would have to be suppressed as a nuisance.

(Similarly, much later, Pakistan’s bemedalled army generals would be backed by the United States against Mujibur Rehman’s impoverished student-rebels, and India’s support frowned upon regardless of how just the Bangladeshi cause.)

Altruism is a limited quality in all human affairs, never more scarce than in relations between nations. In “Pakistan’s Allies”, I showed how the strategic interests of Britain, and later Britain’s American ally, came to evolve in the Northwest of the subcontinent ever since the 1846 Treaty of Amritsar as long as a Russian and later a Soviet empire had existed. A similar evolution of British domestic interests in India is distinctly observable in British support for the Pakistan Movement itself, leading on August 14 1947 to the creation of the new Dominion of Pakistan.

Sheikh Abdullah’s democratic urges or  Nehru’s Indian nationalism or the general welfare of the subcontinent’s people had no appeal as such to the small and brittle administrative machinery in charge of Britain’s Indian Empire — even though individual Britons had come to love, understand and explain India for the permanent benefit of her people. This may help to explain how Britain’s own long democratic traditions at home could often be found so wonderful by Indians yet the actions of the British state abroad so incongruent with them.

Why has the Sonia Congress done something that the Congress under Nehru-Indira-Rajiv would not have done, namely, exaggerate the power of the Rajya Sabha and diminish the power of the Lok Sabha?

We in India did not invent the idea of Parliament, the British did.  Even the British did not invent the idea of a “Premier Ministre”, the French did that, though the British came to develop its meaning most.  Because these are not our own inventions, when something unusual happens in contemporary India to political entities and offices known as “Parliament”, “Prime Minister” etc, contrast and comparison is inevitable with standards and practices that have prevailed around the world in other parliamentary democracies.

Indeed we in India did not even fully invent the idea of our own Parliament though the national struggle led by the original Indian National Congress caused it to come to be invented.  The Lok Sabha is the outcome of a long and distinguished constitutional and political history from the Morley-Minto reforms a century ago to the Montagu-Chelmsford reforms and Government of India Act of 1919 to the Government of India Act of 1935 and the first general elections of British India in 1937 (when Jawaharlal Nehru briefly became PM for the first time) and in due course the 1946 Constituent Assembly.   Out of all this emerged the 1950 Constitution of India, drafted by that brilliant jurist BR Ambedkar as well as other sober intelligent well-educated and dedicated men and women of his time, and thence arose our first Lok Sabha following the 1951 General Elections.

About the Lok Sabha’s duties, I said in my March 30 2006 article “Logic of Democracy” in The Statesman

“What are Lok Sabha Members and State MLAs legitimately required to be doing in caring for their constituents? First of all, as a body as a whole, they need to elect the Government, i.e. the Executive Branch, and to hold it accountable in Parliament or Assembly. For example, the Comptroller and Auditor General submits his reports directly to the House, and it is the duty of individual legislators to put these to good use in controlling the Government’s waste, fraud or abuse of public resources.   Secondly, MPs and MLAs are obviously supposed to literally represent their individual constituencies in the House, i.e. to bring the Government and the House’s attention to specific problems or contingencies affecting their constituents as a whole, and call for the help, funds and sympathy of the whole community on their behalf.  Thirdly, MPs and MLAs are supposed to respond to pleas and petitions of individual constituents, who may need the influence associated with the dignity of their office to get things rightly done. For example, an impoverished orphan lad once needed surgery to remove a brain tumour; a family helping him was promised the free services of a top brain surgeon if a hospital bed and operating theatre could be arranged. It was only by turning to the local MLA that the family were able to get such arrangements made, and the lad had his tumour taken out at a public hospital. MPs and MLAs are supposed to vote for and create public goods and services, and to use their moral suasion to see that existing public services actually do get to reach the public.”

What about the Rajya Sabha?  I said in the same article:

“Rajya Sabha Members are a different species altogether. Most if not all State Legislative Councils have been abolished, and sadly the present nature of the Rajya Sabha causes similar doubts to arise about its utility. The very idea of a Rajya Sabha was first mooted in embryo form in an 1888 book A History of the Native States of India, Vol I. Gwalior, whose author also advocated popular constitutions for the “Indian India” of the “Native States” since “where there are no popular constitutions, the personal character of the ruler becomes a most important factor in the government… evils are inherent in every government where autocracy is not tempered by a free constitution.”  When Victoria was declared India’s “Empress” in 1877, a “Council of the Empire” was mooted but had remained a non-starter even until the 1887 Jubilee. An “Imperial Council” was now designed of the so-called “Native Princes”, which came to evolve into the “Chamber of Princes” which became the “Council of the States” and the Rajya Sabha.  It was patterned mostly on the British and not the American upper house except in being not liable to dissolution, and compelling periodic retirement of a third of members. The American upper house is an equal if not the senior partner of the lower house. Our Rajya Sabha follows the British upper house in being a chamber which is duty-bound to oversee any exuberance in the Lok Sabha but which must ultimately yield to it if there is any dispute.  Parliament in India’s democracy effectively means the Lok Sabha — where every member has contested and won a direct vote in his/her constituency. The British upper house used to have an aristocratic hereditary component which Tony Blair’s New Labour Government has now removed, so it has now been becoming more like what the Rajya Sabha was supposed to have been like.”

The Canadian upper house is similar to ours in intent: a place for “sober second thought” intended to curb the “democratic excesses” of the lower house.   In the Canadian, British, Australian, Irish and our own cases, the Prime Minister, as the chief executive of the lower house has immense indirect power over the upper house, whether in appointing members or even, in the Australian case, dissolving the entire upper house if he/she wishes.

Now yesterday apparently Shrimati Sonia Gandhi, as the duly elected leader of the largest political party in the 15th Lok Sabha, accompanied by Dr Manmohan Singh, as her party’s choice for the position of Prime Minister, went to see the President of India where the Hon’ble President apparently appointed Dr Singh to be the Prime Minister of India – meaning the Prime Minister of the 15th Lok Sabha, except that Dr Singh is not a member of the Lok Sabha and apparently has had no intent of becoming one.

In 2004 Shrimati Gandhi had declined to accept an invitation to become PM and instead effectively recommended Dr Singh to be PM despite his not being a member of the Lok Sabha nor intending to be so.   This exploited a constitutional loophole to the extent that the drafters of our 1950 Constitution happened not to have explicitly stated that the PM must be from the Lok Sabha.  But the reason the founders of our democratic polity such as BR Ambedkar and Jawaharlal Nehru did not specify that the PM must be from the Lok Sabha was quite simply that it was a matter of complete obviousness to them and to their entire generation that this must be so — it would have been  appalling to them and something beyond their wildest imagination that a later generation, namely our own, would exploit such a loophole and allow a PM to be appointed who is not a member of the Lok Sabha and intends not to be so.

Ambedkar, Nehru and all others of their time knew fully well that the history and intended purpose of the Lok Sabha was completely different from the history and intended purpose of the Rajya Sabha.  They knew too fully well that Lord Curzon had been explicitly denied the leadership of Britain’s Tory Party in 1922 because that would have made him a potential PM  when he was not prepared to be a member of the House of Commons.  That specific precedent culminated a centuries’-old  democratic trend of  political power flowing from monarchs to lords to commoners, and has governed all parliamentary democracies  worldwide ever since — until Dr Singh’s appointment in 2004.

When such an anomalous situation once arose in Britain, Lord Home resigned his membership of the House of Lords to contest a House of Commons seat as Sir Alec Douglas Home so that he could be PM in a manner consistent with parliamentary law.

Dr Singh instead for five years remained PM of India while not being a member of the Lok Sabha.  Even if reasons and exigencies of State could have been cited for such an anomalous situation during his first term, there was really no such reason for him not to contest the 2009 General Election if he wished to be the Congress Party’s prime ministerial candidate a second time.  Numerous Rajya Sabha members alongside him have contested Lok Sabha seats this time, and several have won.

As of today, Dr Singh is due to be sworn in tomorrow as Prime Minister for a second term while still having no declared intention of resigning from the Rajya Sabha and contesting a Lok Sabha seat instead.   What the present-day Congress has done is elect him the leader of the “Congress Parliamentary Party” and claim that it is in such a capacity that he received the invitation to be Prime Minister of India.   But surely if the question had been asked to the Congress Party under Nehru or Indira or Rajiv: “Can you foresee a circumstance ever in which the PM of India is not a member of the Lok Sabha?” their answer in each case would have been a categorical and resounding  “no”.

So the question does arise why the Congress under Sonia Gandhi has with deliberation allowed such an anomalous situation to develop.  Its effect is to completely distort the trends of relative political power between the Lok Sabha and Rajya Sabha.  On the one hand, the Lok Sabha’s power is deliberately made to diminish as the chief executive of the Government of India shall not be from the Lok Sabha but from “the other place” despite the Lok Sabha having greater political legitimacy by having been directly elected by India’s people.   This sets a precedent that  might  get repeated in India  in the future but which contradicts the worldwide trend in parliamentary democracies over decades and centuries in precisely the opposite direction –  of power flowing in the direction of the people not away from them.   On the other hand, the fact this anomalous idea has been pioneered by the elected leader of the largest political party in the Lok Sabha while her PM is in the Rajya Sabha causes a member of the lower house to have unexpected control over the upper house when the latter is supposed to be something of an independent check on the former!

It all really seems an unnecessary muddle and a jumbling up of normal constitutional law and parliamentary procedure.  The Sonia-Manmohan Government at the outset of its second term should hardly want to be seen by history as having set a poor precedent using brute force.  The situation can be corrected with the utmost ease by following the Alec Douglas Home example, with Dr Singh being given a relatively safe seat to contest as soon as possible, if necessary by some newly elected Congress MP resigning and allowing a bye-election to be called.

Subroto Roy

On the general theory of expertise in democracy: reflections on what emerges from the American “torture memos” today

Twenty years ago, I wrote in Philosophy of Economics (Routledge, London & New York, 1989) quoting from Solzhenitsyn’s experience:

“….the received theory of economic policy… must be silent about the appropriate role of the expert not only under conditions of tyranny (Solzhenitsyn: “The prison doctor was the interrogator’s and executioner’s right-hand man. The beaten prisoner would come to on the floor only to hear the doctor’s voice: ‘You can continue, the pulse is normal’” ); but also where the duly elected government of an open and democratic society proceeded to do things patently wrong or tyrannical (the imprisonment of the Japanese Americans). Hence Popper’s “paradox of democracy” and “tyranny of the majority”..… A theory of economic policy which both assumes a free and open society and bases itself upon a moral scepticism cannot have anything to say ultimately about the objective reasons why a free and open society may be preferred to an unfree or closed society, or about the good or bad outcomes that may be produced by the working of democratic processes…”

Today’s Washington Post reports:

“When the CIA began what it called an “increased pressure phase” with captured terrorism suspect Abu Zubaida in the summer of 2002, its first step was to limit the detainee’s human contact to just two people. One was the CIA interrogator, the other a psychologist. During the extraordinary weeks that followed, it was the psychologist who apparently played the more critical role. According to newly released Justice Department documents, the psychologist provided ideas, practical advice and even legal justification for interrogation methods that would break Abu Zubaida, physically and mentally. Extreme sleep deprivation, waterboarding, the use of insects to provoke fear — all were deemed acceptable, in part because the psychologist said so. “No severe mental pain or suffering would have been inflicted,” a Justice Department lawyer said in a 2002 memo explaining why waterboarding, or simulated drowning, should not be considered torture. The role of health professionals as described in the documents has prompted a renewed outcry from ethicists who say the conduct of psychologists and supervising physicians violated basic standards of their professions. Their names are among the few details censored in the long-concealed Bush administration memos released Thursday, but the documents show a steady stream of psychologists, physicians and other health officials who both kept detainees alive and actively participated in designing the interrogation program and monitoring its implementation. Their presence also enabled the government to argue that the interrogations did not include torture. Most of the psychologists were contract employees of the CIA, according to intelligence officials familiar with the program. “The health professionals involved in the CIA program broke the law and shame the bedrock ethical traditions of medicine and psychology,” said Frank Donaghue, chief executive of Physicians for Human Rights, an international advocacy group made up of physicians opposed to torture. “All psychologists and physicians found to be involved in the torture of detainees must lose their license and never be allowed to practice again.” The CIA declined to comment yesterday on the role played by health professionals in the agency’s self-described “enhanced interrogation program,” which operated from 2002 to 2006 in various secret prisons overseas. “The fact remains that CIA’s detention and interrogation effort was authorized and approved by our government,” CIA Director Leon Panetta said Thursday in a statement to employees. The Obama administration and its top intelligence leaders have banned harsh interrogations while also strongly opposing investigations or penalties for employees who were following their government’s orders. The CIA dispatched personnel from its office of medical services to each secret prison and evaluated medical professionals involved in interrogations “to make sure they could stand up, psychologically handle it,” according to a former CIA official. The alleged actions of medical professionals in the secret prisons are viewed as particularly troubling by an array of groups, including the American Medical Association and the International Committee of the Red Cross. AMA policies state that physicians “must not be present when torture is used or threatened.” The guidelines allow doctors to treat detainees only “if doing so is in their [detainees’] best interest” and not merely to monitor their health “so that torture can begin or continue.” The American Psychological Association has condemned any participation by its members in interrogations involving torture, but critics of the organization faulted it for failing to censure members involved in harsh interrogations. The ICRC, which conducted the first independent interviews of CIA detainees in 2006, said the prisoners were told they would not be killed during interrogations, though one was warned that he would be brought to “the verge of death and back again,” according to a confidential ICRC report leaked to the New York Review of Books last month. “The interrogation process is contrary to international law and the participation of health personnel in such a process is contrary to international standards of medical ethics,” the ICRC report concluded….” (emphasis added)

Twenty-five years ago, the draft-manuscript that became the book Philosophy of Economics got me into much trouble in American academia. As I have said elsewhere, a gang of “inert game theorists”, similar to many (often unemployable ex-mathematicians) who had come to and still dominate what passes for academic economics in many American and European universities, did not like at all what I was saying. A handful of eminent senior economists – Frank Hahn, T W Schultz, Milton Friedman, James M Buchanan, Sidney Alexander – defended my work and but for their support over the decade 1979-1989, my book would not have seen light of day.  Eventually, I have had to battle over years in the US federal courts over it – only to find myself having to battle bribery of court officers and the suborning of perjury by government legal officers  too! (And speaking of government-paid psychologists, I was even required at one point by my corrupt opponent to undergo tests for having had the temerity of being in court at all! Fortunately for me that particular psychologist declined to participate in the nefariousness of his employer!).

I find all this poignant today as Philosophy of Economics may have, among other things, described the general theoretical problem that has been brought to light today.  I was delighted to hear from a friend in 1993 that my book had been prescribed for a course at Yale Law School and was strewn all over an alley in the bookshop.

Separately, I am also delighted to find that a person pioneering the current work is a daughter of our present PM. I have been sharply critical of Dr Singh’s economics and politics, but I have also said I have had high personal regard for him ever since 1973 when he, as a friend of my father’s, visited our then-home in Paris to advise me before I embarked on my study of economics. My salute to the ACLU’s work in this – may it be an example in defeating cases of State-tyranny in India too.

Subroto Roy,

Memo to the Election Commission of India April 14 2009, 9 AM

The Hon’ble Election Commission, Government of India
Dear Sirs,
I am glad to see the information your website has been providing to India’s public has improved slightly.    But it remains woefully inadequate as a whole.    Here is a list of the 382 constituencies for which you have, as of 0800 this morning, declared candidates.  It is a list that merely required you to use Excel worksheets in an efficient manner.   May we have a firm date by which all candidates for all 543 constituencies shall have been announced?

There are innumerable improvements to the working of our democracy that are possible to be discussed.  For example, I see no logical reason why candidates for the 16th Lok Sabha may not seek to register themselves the day after the results of the 15th Lok Sabha come to be declared.

Once your staff have checked the processed data below against the raw data  you provide, you are welcome to use my tables, preferably with acknowledgment. For convenience, a full list of all 543 constituencies follows the list of 382 constituencies you have announced as of this morning.

Sincerely

Subroto Roy

Constituency No        Poll Date    State/UT    Constituency Name
S01    1    16-Apr-09    AP    ADILABAD
S01    2    16-Apr-09    AP    PEDDAPALLE
S01    3    16-Apr-09    AP    KARIMNAGAR
S01    4    16-Apr-09    AP    NIZAMABAD
S01    5    16-Apr-09    AP    ZAHIRABAD
S01    6    16-Apr-09    AP    MEDAK
S01    7    16-Apr-09    AP    MALKAJGIRI
S01    8    16-Apr-09    AP    SECUNDRABAD
S01    9    16-Apr-09    AP    HYDERABAD
S01    10    16-Apr-09    AP    CHELVELLA
S01    11    16-Apr-09    AP    MAHBUBNAGAR
S01    12    16-Apr-09    AP    NAGARKURNOOL
S01    13    16-Apr-09    AP    NALGONDA
S01    14    16-Apr-09    AP    BHONGIR
S01    15    16-Apr-09    AP    WARANGAL
S01    16    16-Apr-09    AP    MAHABUBABAD
S01    17    16-Apr-09    AP    KHAMMAM
S01    18    16-Apr-09    AP    ARUKU
S01    19    16-Apr-09    AP    SRIKAKULAM
S01    20    16-Apr-09    AP    VIZIANAGARAM
S01    21    16-Apr-09    AP    VISAKHAPATNAM
S01    22    16-Apr-09    AP    ANAKAPALLI
S01    23    23-Apr-09    AP    KAKINADA
S01    24    23-Apr-09    AP    AMALAPURAM
S01    25    23-Apr-09    AP    RAJAHMUNDRY
S01    26    23-Apr-09    AP    NARSAPURAM
S01    27    23-Apr-09    AP    ELURU
S01    28    23-Apr-09    AP    MACHILIPATNAM
S01    29    23-Apr-09    AP    VIJAYAWADA
S01    30    23-Apr-09    AP    GUNTUR
S01    31    23-Apr-09    AP    NARASARAOPET
S01    32    23-Apr-09    AP    BAPATLA
S01    33    23-Apr-09    AP    ONGOLE
S01    34    23-Apr-09    AP    NANDYAL
S01    35    23-Apr-09    AP    KURNOOL
S01    36    23-Apr-09    AP    ANANTAPUR
S01    37    23-Apr-09    AP    HINDUPUR
S01    38    23-Apr-09    AP    KADAPA
S01    39    23-Apr-09    AP    NELLORE
S01    40    23-Apr-09    AP    TIRUPATI
S01    41    23-Apr-09    AP    RAJAMPET
S01    42    23-Apr-09    AP    CHITTOOR
S02    1    16-Apr-09    AR    ARUNACHAL WEST
S02    2    16-Apr-09    AR    ARUNACHAL EAST
S03    1    16-Apr-09    AS    KARIMGANJ
S03    2    16-Apr-09    AS    SILCHAR
S03    3    16-Apr-09    AS    AUTONOMOUS DISTRICT
S03    4    23-Apr-09    AS    DHUBRI
S03    5    23-Apr-09    AS    KOKRAJHAR
S03    6    23-Apr-09    AS    BARPETA
S03    7    23-Apr-09    AS    GAUHATI
S03    8    23-Apr-09    AS    MANGALDOI
S03    9    23-Apr-09    AS    TEZPUR
S03    10    23-Apr-09    AS    NOWGONG
S03    11    23-Apr-09    AS    KALIABOR
S03    12    23-Apr-09    AS    JORHAT
S03    13    23-Apr-09    AS    DIBRUGARH
S03    14    23-Apr-09    AS    LAKHIMPUR
S04    1    23-Apr-09    BR    VALMIKI NAGAR
S04    2    23-Apr-09    BR    PASCHIM CHAMPARAN
S04    3    23-Apr-09    BR    PURVI CHAMPARAN
S04    4    23-Apr-09    BR    SHEOHAR
S04    5    23-Apr-09    BR    SITAMARHI
S04    6    23-Apr-09    BR    MADHUBANI
S04    7    23-Apr-09    BR    JHANJHARPUR
S04    11    30-Apr-09    BR    KATIHAR
S04    12    30-Apr-09    BR    PURNIA
S04    13    30-Apr-09    BR    MADHEPURA
S04    14    23-Apr-09    BR    DARBHANGA
S04    15    23-Apr-09    BR    MUZAFFARPUR
S04    16    23-Apr-09    BR    VAISHALI
S04    17    16-Apr-09    BR    GOPALGANJ
S04    18    16-Apr-09    BR    SIWAN
S04    19    16-Apr-09    BR    MAHARAJGANJ
S04    20    16-Apr-09    BR    SARAN
S04    21    23-Apr-09    BR    HAJIPUR
S04    22    23-Apr-09    BR    UJIARPUR
S04    23    23-Apr-09    BR    SAMASTIPUR
S04    25    30-Apr-09    BR    KHAGARIA
S04    27    30-Apr-09    BR    BANKA
S04    28    30-Apr-09    BR    MUNGER
S04    32    16-Apr-09    BR    ARRAH
S04    33    16-Apr-09    BR    BUXAR
S04    34    16-Apr-09    BR    SASARAM
S04    35    16-Apr-09    BR    KARAKAT
S04    36    16-Apr-09    BR    JAHANABAD
S04    37    16-Apr-09    BR    AURANGABAD
S04    38    16-Apr-09    BR    GAYA
S04    39    16-Apr-09    BR    NAWADA
S04    40    16-Apr-09    BR    JAMUI
S05    1    23-Apr-09    GA    NORTH GOA
S05    2    23-Apr-09    GA    SOUTH GOA
S06    1    30-Apr-09    GJ    KACHCHH
S06    2    30-Apr-09    GJ    BANASKANTHA
S06    3    30-Apr-09    GJ    PATAN
S06    4    30-Apr-09    GJ    MAHESANA
S06    5    30-Apr-09    GJ    SABARKANTHA
S06    6    30-Apr-09    GJ    GANDHINAGAR
S06    7    30-Apr-09    GJ    AHMEDABAD EAST
S06    8    30-Apr-09    GJ    AHMEDABAD WEST
S06    9    30-Apr-09    GJ    SURENDRANAGAR
S06    10    30-Apr-09    GJ    RAJKOT
S06    11    30-Apr-09    GJ    PORBANDAR
S06    12    30-Apr-09    GJ    JAMNAGAR
S06    13    30-Apr-09    GJ    JUNAGADH
S06    14    30-Apr-09    GJ    AMRELI
S06    15    30-Apr-09    GJ    BHAVNAGAR
S06    16    30-Apr-09    GJ    ANAND
S06    17    30-Apr-09    GJ    KHEDA
S06    18    30-Apr-09    GJ    PANCHMAHAL
S06    19    30-Apr-09    GJ    DAHOD
S06    20    30-Apr-09    GJ    VADODARA
S06    21    30-Apr-09    GJ    CHHOTA UDAIPUR
S06    22    30-Apr-09    GJ    BHARUCH
S06    23    30-Apr-09    GJ    BARDOLI
S06    24    30-Apr-09    GJ    SURAT
S06    25    30-Apr-09    GJ    NAVSARI
S06    26    30-Apr-09    GJ    VALSAD
S07    2    7-May-09    HR    KURUKSHETRA
S07    6    7-May-09    HR    SONIPAT
S07    9    7-May-09    HR    GURGAON
S07    10    7-May-09    HR    FARIDABAD
S09    5    23-Apr-09    JK    UDHAMPUR
S09    6    16-Apr-09    JK    JAMMU
S10    1    23-Apr-09    KA    CHIKKODI
S10    2    23-Apr-09    KA    BELGAUM
S10    3    30-Apr-09    KA    BAGALKOT
S10    4    23-Apr-09    KA    BIJAPUR
S10    5    23-Apr-09    KA    GULBARGA
S10    6    23-Apr-09    KA    RAICHUR
S10    7    23-Apr-09    KA    BIDAR
S10    8    23-Apr-09    KA    KOPPAL
S10    9    23-Apr-09    KA    BELLARY
S10    10    30-Apr-09    KA    HAVERI
S10    11    30-Apr-09    KA    DHARWAD
S10    12    23-Apr-09    KA    UTTARA KANNADA
S10    13    30-Apr-09    KA    DAVANAGERE
S10    14    30-Apr-09    KA    SHIMOGA
S10    15    30-Apr-09    KA    UDUPI CHIKMAGALUR
S10    16    30-Apr-09    KA    HASSAN
S10    18    23-Apr-09    KA    CHITRADURGA
S10    19    23-Apr-09    KA    TUMKUR
S10    20    30-Apr-09    KA    MANDYA
S10    21    30-Apr-09    KA    MYSORE
S10    22    30-Apr-09    KA    CHAMARAJANAGAR
S10    23    23-Apr-09    KA    BANGALORE RURAL
S10    24    23-Apr-09    KA    BANGALORE NORTH
S10    25    23-Apr-09    KA    BANGALORE CENTRAL
S10    26    23-Apr-09    KA    BANGALORE SOUTH
S10    27    23-Apr-09    KA    CHIKKBALLAPUR
S10    28    23-Apr-09    KA    KOLAR
S11    1    16-Apr-09    KL    KASARAGOD
S11    2    16-Apr-09    KL    KANNUR
S11    3    16-Apr-09    KL    VADAKARA
S11    4    16-Apr-09    KL    WAYANAD
S11    5    16-Apr-09    KL    KOZHIKODE
S11    6    16-Apr-09    KL    MALAPPURAM
S11    7    16-Apr-09    KL    PONNANI
S11    8    16-Apr-09    KL    PALAKKAD
S11    9    16-Apr-09    KL    ALATHUR
S11    10    16-Apr-09    KL    THRISSUR
S11    11    16-Apr-09    KL    CHALAKUDY
S11    12    16-Apr-09    KL    ERNAKULAM
S11    13    16-Apr-09    KL    IDUKKI
S11    14    16-Apr-09    KL    KOTTAYAM
S11    15    16-Apr-09    KL    ALAPPUZHA
S11    16    16-Apr-09    KL    MAVELIKKARA
S11    17    16-Apr-09    KL    PATHANAMTHITTA
S11    18    16-Apr-09    KL    KOLLAM
S11    19    16-Apr-09    KL    ATTINGAL
S11    20    16-Apr-09    KL    THIRUVANANTHAPURAM
S12    1    30-Apr-09    MP    MORENA
S12    2    30-Apr-09    MP    BHIND
S12    3    30-Apr-09    MP    GWALIOR
S12    4    30-Apr-09    MP    GUNA
S12    7    30-Apr-09    MP    DAMOH
S12    8    23-Apr-09    MP    KHAJURAHO
S12    9    23-Apr-09    MP    SATNA
S12    10    23-Apr-09    MP    REWA
S12    11    23-Apr-09    MP    SIDHI
S12    12    23-Apr-09    MP    SHAHDOL
S12    13    23-Apr-09    MP    JABALPUR
S12    14    23-Apr-09    MP    MANDLA
S12    15    23-Apr-09    MP    BALAGHAT
S12    16    23-Apr-09    MP    CHHINDWARA
S12    17    23-Apr-09    MP    HOSHANGABAD
S12    18    23-Apr-09    MP    VIDISHA
S12    19    23-Apr-09    MP    BHOPAL
S12    22    30-Apr-09    MP    UJJAIN
S12    23    30-Apr-09    MP    MANDSOUR
S12    25    30-Apr-09    MP    DHAR
S12    27    30-Apr-09    MP    KHARGONE
S12    29    23-Apr-09    MP    BETUL
S13    1    23-Apr-09    MH    NANDURBAR
S13    2    23-Apr-09    MH    DHULE
S13    3    23-Apr-09    MH    JALGAON
S13    4    23-Apr-09    MH    RAVER
S13    5    16-Apr-09    MH    BULDHANA
S13    6    16-Apr-09    MH    AKOLA
S13    7    16-Apr-09    MH    AMRAVATI
S13    8    16-Apr-09    MH    WARDHA
S13    9    16-Apr-09    MH    RAMTEK
S13    10    16-Apr-09    MH    NAGPUR
S13    11    16-Apr-09    MH    BHANDARA – GONDIYA
S13    12    16-Apr-09    MH    GADCHIROLI-CHIMUR
S13    13    16-Apr-09    MH    CHANDRAPUR
S13    14    16-Apr-09    MH    YAVATMAL-WASHIM
S13    15    16-Apr-09    MH    HINGOLI
S13    16    16-Apr-09    MH    NANDED
S13    17    16-Apr-09    MH    PARBHANI
S13    18    23-Apr-09    MH    JALNA
S13    19    23-Apr-09    MH    AURANGABAD
S13    20    23-Apr-09    MH    DINDORI
S13    21    23-Apr-09    MH    NASHIK
S13    22    30-Apr-09    MH    PALGHAR
S13    23    30-Apr-09    MH    BHIWANDI
S13    25    30-Apr-09    MH    THANE
S13    27    30-Apr-09    MH    MUMBAI NORTH WEST
S13    30    30-Apr-09    MH    MUMBAI SOUTH CENTRAL
S13    31    30-Apr-09    MH    MUMBAI SOUTH
S13    32    23-Apr-09    MH    RAIGAD
S13    33    23-Apr-09    MH    MAVAL
S13    34    23-Apr-09    MH    PUNE
S13    35    23-Apr-09    MH    BARAMATI
S13    36    23-Apr-09    MH    SHIRUR
S13    37    23-Apr-09    MH    AHMADNAGAR
S13    38    23-Apr-09    MH    SHIRDI
S13    39    23-Apr-09    MH    BEED
S13    40    23-Apr-09    MH    OSMANABAD
S13    41    23-Apr-09    MH    LATUR
S13    42    23-Apr-09    MH    SOLAPUR
S13    43    23-Apr-09    MH    MADHA
S13    44    23-Apr-09    MH    SANGLI
S13    45    23-Apr-09    MH    SATARA
S13    46    23-Apr-09    MH    RATNAGIRI – SINDHUDURG
S13    47    23-Apr-09    MH    KOLHAPUR
S13    48    23-Apr-09    MH    HATKANANGLE
S14    1    22-Apr-09    MN    INNER MANIPUR
S14    2    16-Apr-09    MN    OUTER MANIPUR
S15    1    16-Apr-09    ML    SHILLONG
S15    2    16-Apr-09    ML    TURA
S16    1    16-Apr-09    MZ    MIZORAM
S17    1    16-Apr-09    NL    NAGALAND
S18    1    16-Apr-09    OR    BARGARH
S18    2    16-Apr-09    OR    SUNDARGARH
S18    3    16-Apr-09    OR    SAMBALPUR
S18    4    23-Apr-09    OR    KEONJHAR
S18    5    23-Apr-09    OR    MAYURBHANJ
S18    6    23-Apr-09    OR    BALASORE
S18    7    23-Apr-09    OR    BHADRAK
S18    8    23-Apr-09    OR    JAJPUR
S18    9    23-Apr-09    OR    DHENKANAL
S18    10    16-Apr-09    OR    BOLANGIR
S18    11    16-Apr-09    OR    KALAHANDI
S18    12    16-Apr-09    OR    NABARANGPUR
S18    13    16-Apr-09    OR    KANDHAMAL
S18    14    23-Apr-09    OR    CUTTACK
S18    15    23-Apr-09    OR    KENDRAPARA
S18    16    23-Apr-09    OR    JAGATSINGHPUR
S18    17    23-Apr-09    OR    PURI
S18    18    23-Apr-09    OR    BHUBANESWAR
S18    19    16-Apr-09    OR    ASKA
S18    20    16-Apr-09    OR    BERHAMPUR
S18    21    16-Apr-09    OR    KORAPUT
S19    10    7-May-09    PB    FEROZPUR
S19    11    7-May-09    PB    BATHINDA
S19    12    7-May-09    PB    SANGRUR
S20    3    7-May-09    RJ    CHURU
S20    5    7-May-09    RJ    SIKAR
S20    6    7-May-09    RJ    JAIPUR RURAL
S20    7    7-May-09    RJ    JAIPUR
S20    11    7-May-09    RJ    DAUSA
S20    12    7-May-09    RJ    TONK-SAWAI MADHOPUR
S20    15    7-May-09    RJ    PALI
S20    18    7-May-09    RJ    JALORE
S20    21    7-May-09    RJ    CHITTORGARH
S20    23    7-May-09    RJ    BHILWARA
S20    25    7-May-09    RJ    JHALAWAR-BARAN
S23    1    23-Apr-09    TR    TRIPURA WEST
S23    2    23-Apr-09    TR    TRIPURA EAST
S24    2    7-May-09    UP    KAIRANA
S24    3    7-May-09    UP    MUZAFFARNAGAR
S24    15    7-May-09    UP    ALIGARH
S24    17    7-May-09    UP    MATHURA
S24    19    7-May-09    UP    FATEHPUR SIKRI
S24    21    7-May-09    UP    MAINPURI
S24    22    7-May-09    UP    ETAH
S24    30    30-Apr-09    UP    SITAPUR
S24    33    30-Apr-09    UP    UNNAO
S24    34    30-Apr-09    UP    MOHANLALGANJ
S24    35    30-Apr-09    UP    LUCKNOW
S24    37    23-Apr-09    UP    AMETHI
S24    38    23-Apr-09    UP    SULTANPUR
S24    39    23-Apr-09    UP    PRATAPGARH
S24    40    7-May-09    UP    FARRUKHABAD
S24    42    7-May-09    UP    KANNAUJ
S24    43    30-Apr-09    UP    KANPUR
S24    44    30-Apr-09    UP    AKBARPUR
S24    45    30-Apr-09    UP    JALAUN
S24    47    30-Apr-09    UP    HAMIRPUR
S24    48    23-Apr-09    UP    BANDA
S24    49    30-Apr-09    UP    FATEHPUR
S24    50    23-Apr-09    UP    KAUSHAMBI
S24    51    23-Apr-09    UP    PHULPUR
S24    52    23-Apr-09    UP    ALLAHABAD
S24    53    30-Apr-09    UP    BARABANKI
S24    54    23-Apr-09    UP    FAIZABAD
S24    55    23-Apr-09    UP    AMBEDKAR NAGAR
S24    57    23-Apr-09    UP    KAISERGANJ
S24    58    23-Apr-09    UP    SHRAWASTI
S24    59    23-Apr-09    UP    GONDA
S24    60    23-Apr-09    UP    DOMARIYAGANJ
S24    61    23-Apr-09    UP    BASTI
S24    62    23-Apr-09    UP    SANT KABIR NAGAR
S24    63    16-Apr-09    UP    MAHARAJGANJ
S24    64    16-Apr-09    UP    GORAKHPUR
S24    65    16-Apr-09    UP    KUSHI NAGAR
S24    66    16-Apr-09    UP    DEORIA
S24    67    16-Apr-09    UP    BANSGAON
S24    68    16-Apr-09    UP    LALGANJ
S24    69    16-Apr-09    UP    AZAMGARH
S24    70    16-Apr-09    UP    GHOSI
S24    71    16-Apr-09    UP    SALEMPUR
S24    72    16-Apr-09    UP    BALLIA
S24    73    23-Apr-09    UP    JAUNPUR
S24    74    16-Apr-09    UP    MACHHLISHAHR
S24    75    16-Apr-09    UP    GHAZIPUR
S24    76    16-Apr-09    UP    CHANDAULI
S24    77    16-Apr-09    UP    VARANASI
S24    78    23-Apr-09    UP    BHADOHI
S24    79    16-Apr-09    UP    MIRZAPUR
S24    80    16-Apr-09    UP    ROBERTSGANJ
S25    1    30-Apr-09    WB    COOCH BEHAR
S25    2    30-Apr-09    WB    ALIPURDUARS
S25    3    30-Apr-09    WB    JALPAIGURI
S25    4    30-Apr-09    WB    DARJEELING
S25    5    30-Apr-09    WB    RAIGANJ
S25    6    30-Apr-09    WB    BALURGHAT
S25    7    30-Apr-09    WB    MALDAHA UTTAR
S25    8    30-Apr-09    WB    MALDAHA DAKSHIN
S25    9    7-May-09    WB    JANGIPUR
S25    10    7-May-09    WB    BAHARAMPUR
S25    11    7-May-09    WB    MURSHIDABAD
S25    13    7-May-09    WB    RANAGHAT
S25    27    7-May-09    WB    SRERAMPUR
S25    29    7-May-09    WB    ARAMBAGH
S25    32    30-Apr-09    WB    GHATAL
S25    33    30-Apr-09    WB    JHARGRAM
S25    34    30-Apr-09    WB    MEDINIPUR
S25    35    30-Apr-09    WB    PURULIA
S25    36    30-Apr-09    WB    BANKURA
S25    37    30-Apr-09    WB    BISHNUPUR
S25    41    7-May-09    WB    BOLPUR
S26    1    16-Apr-09    CG    SARGUJA
S26    2    16-Apr-09    CG    RAIGARH
S26    3    16-Apr-09    CG    JANJGIR-CHAMPA
S26    4    16-Apr-09    CG    KORBA
S26    5    16-Apr-09    CG    BILASPUR
S26    6    16-Apr-09    CG    RAJNANDGAON
S26    7    16-Apr-09    CG    DURG
S26    8    16-Apr-09    CG    RAIPUR
S26    9    16-Apr-09    CG    MAHASAMUND
S26    10    16-Apr-09    CG    BASTAR
S26    11    16-Apr-09    CG    KANKER
S27    1    23-Apr-09    JH    RAJMAHAL
S27    2    23-Apr-09    JH    DUMKA
S27    3    23-Apr-09    JH    GODDA
S27    4    16-Apr-09    JH    CHATRA
S27    5    16-Apr-09    JH    KODARMA
S27    6    23-Apr-09    JH    GIRIDIH
S27    7    23-Apr-09    JH    DHANBAD
S27    8    23-Apr-09    JH    RANCHI
S27    9    23-Apr-09    JH    JAMSHEDPUR
S27    10    23-Apr-09    JH    SINGHBHUM
S27    11    16-Apr-09    JH    KHUNTI
S27    12    16-Apr-09    JH    LOHARDAGA
S27    13    16-Apr-09    JH    PALAMAU
S27    14    16-Apr-09    JH    HAZARIBAGH
U01    1    16-Apr-09    AN    ANDAMAN & NICOBAR ISLANDS
U03    1    30-Apr-09    DN    DADAR & NAGAR HAVELI
U04    1    30-Apr-09    DD    DAMAN & DIU
U06    1    16-Apr-09    LD    LAKSHADWEEP

Full list of all 543 Constituencies
S01 1 AP ADILABAD
S01 2 AP PEDDAPALLE
S01 3 AP KARIMNAGAR
S01 4 AP NIZAMABAD
S01 5 AP ZAHIRABAD
S01 6 AP MEDAK
S01 7 AP MALKAJGIRI
S01 8 AP SECUNDRABAD
S01 9 AP HYDERABAD
S01 10 AP CHELVELLA
S01 11 AP MAHBUBNAGAR
S01 12 AP NAGARKURNOOL
S01 13 AP NALGONDA
S01 14 AP BHONGIR
S01 15 AP WARANGAL
S01 16 AP MAHABUBABAD
S01 17 AP KHAMMAM
S01 18 AP ARUKU
S01 19 AP SRIKAKULAM
S01 20 AP VIZIANAGARAM
S01 21 AP VISAKHAPATNAM
S01 22 AP ANAKAPALLI
S01 23 AP KAKINADA
S01 24 AP AMALAPURAM
S01 25 AP RAJAHMUNDRY
S01 26 AP NARSAPURAM
S01 27 AP ELURU
S01 28 AP MACHILIPATNAM
S01 29 AP VIJAYAWADA
S01 30 AP GUNTUR
S01 31 AP NARASARAOPET
S01 32 AP BAPATLA
S01 33 AP ONGOLE
S01 34 AP NANDYAL
S01 35 AP KURNOOL
S01 36 AP ANANTAPUR
S01 37 AP HINDUPUR
S01 38 AP KADAPA
S01 39 AP NELLORE
S01 40 AP TIRUPATI
S01 41 AP RAJAMPET
S01 42 AP CHITTOOR
S02 1 AR ARUNACHAL WEST
S02 2 AR ARUNACHAL EAST
S03 1 AS KARIMGANJ
S03 2 AS SILCHAR
S03 3 AS AUTONOMOUS DISTRICT
S03 4 AS DHUBRI
S03 5 AS KOKRAJHAR
S03 6 AS BARPETA
S03 7 AS GAUHATI
S03 8 AS MANGALDOI
S03 9 AS TEZPUR
S03 10 AS NOWGONG
S03 11 AS KALIABOR
S03 12 AS JORHAT
S03 13 AS DIBRUGARH
S03 14 AS LAKHIMPUR
S04 1 BR VALMIKI NAGAR
S04 2 BR PASCHIM CHAMPARAN
S04 3 BR PURVI CHAMPARAN
S04 4 BR SHEOHAR
S04 5 BR SITAMARHI
S04 6 BR MADHUBANI
S04 7 BR JHANJHARPUR
S04 8 BR SUPAUL
S04 9 BR ARARIA
S04 10 BR KISHANGANJ
S04 11 BR KATIHAR
S04 12 BR PURNIA
S04 13 BR MADHEPURA
S04 14 BR DARBHANGA
S04 15 BR MUZAFFARPUR
S04 16 BR VAISHALI
S04 17 BR GOPALGANJ
S04 18 BR SIWAN
S04 19 BR MAHARAJGANJ
S04 20 BR SARAN
S04 21 BR HAJIPUR
S04 22 BR UJIARPUR
S04 23 BR SAMASTIPUR
S04 24 BR BEGUSARAI
S04 25 BR KHAGARIA
S04 26 BR BHAGALPUR
S04 27 BR BANKA
S04 28 BR MUNGER
S04 29 BR NALANDA
S04 30 BR PATNA SAHIB
S04 31 BR PATALIPUTRA
S04 32 BR ARRAH
S04 33 BR BUXAR
S04 34 BR SASARAM
S04 35 BR KARAKAT
S04 36 BR JAHANABAD
S04 37 BR AURANGABAD
S04 38 BR GAYA
S04 39 BR NAWADA
S04 40 BR JAMUI
S05 1 GA NORTH GOA
S05 2 GA SOUTH GOA
S06 1 GJ KACHCHH
S06 2 GJ BANASKANTHA
S06 3 GJ PATAN
S06 4 GJ MAHESANA
S06 5 GJ SABARKANTHA
S06 6 GJ GANDHINAGAR
S06 7 GJ AHMEDABAD EAST
S06 8 GJ AHMEDABAD WEST
S06 9 GJ SURENDRANAGAR
S06 10 GJ RAJKOT
S06 11 GJ PORBANDAR
S06 12 GJ JAMNAGAR
S06 13 GJ JUNAGADH
S06 14 GJ AMRELI
S06 15 GJ BHAVNAGAR
S06 16 GJ ANAND
S06 17 GJ KHEDA
S06 18 GJ PANCHMAHAL
S06 19 GJ DAHOD
S06 20 GJ VADODARA
S06 21 GJ CHHOTA UDAIPUR
S06 22 GJ BHARUCH
S06 23 GJ BARDOLI
S06 24 GJ SURAT
S06 25 GJ NAVSARI
S06 26 GJ VALSAD
S07 1 HR AMBALA
S07 2 HR KURUKSHETRA
S07 3 HR SIRSA
S07 4 HR HISAR
S07 5 HR KARNAL
S07 6 HR SONIPAT
S07 7 HR ROHTAK
S07 8 HR BHIWANI-MAHENDRAGARH
S07 9 HR GURGAON
S07 10 HR FARIDABAD
S08 1 HP KANGRA
S08 2 HP MANDI
S08 3 HP HAMIRPUR
S08 4 HP SHIMLA
S09 1 JK BARAMULLA
S09 2 JK SRINAGAR
S09 3 JK ANANTNAG
S09 4 JK LADAKH
S09 5 JK UDHAMPUR
S09 6 JK JAMMU
S10 1 KA CHIKKODI
S10 2 KA BELGAUM
S10 3 KA BAGALKOT
S10 4 KA BIJAPUR
S10 5 KA GULBARGA
S10 6 KA RAICHUR
S10 7 KA BIDAR
S10 8 KA KOPPAL
S10 9 KA BELLARY
S10 10 KA HAVERI
S10 11 KA DHARWAD
S10 12 KA UTTARA KANNADA
S10 13 KA DAVANAGERE
S10 14 KA SHIMOGA
S10 15 KA UDUPI CHIKMAGALUR
S10 16 KA HASSAN
S10 17 KA DAKSHINA KANNADA
S10 18 KA CHITRADURGA
S10 19 KA TUMKUR
S10 20 KA MANDYA
S10 21 KA MYSORE
S10 22 KA CHAMARAJANAGAR
S10 23 KA BANGALORE RURAL
S10 24 KA BANGALORE NORTH
S10 25 KA BANGALORE CENTRAL
S10 26 KA BANGALORE SOUTH
S10 27 KA CHIKKBALLAPUR
S10 28 KA KOLAR
S11 1 KL KASARAGOD
S11 2 KL KANNUR
S11 3 KL VADAKARA
S11 4 KL WAYANAD
S11 5 KL KOZHIKODE
S11 6 KL MALAPPURAM
S11 7 KL PONNANI
S11 8 KL PALAKKAD
S11 9 KL ALATHUR
S11 10 KL THRISSUR
S11 11 KL CHALAKUDY
S11 12 KL ERNAKULAM
S11 13 KL IDUKKI
S11 14 KL KOTTAYAM
S11 15 KL ALAPPUZHA
S11 16 KL MAVELIKKARA
S11 17 KL PATHANAMTHITTA
S11 18 KL KOLLAM
S11 19 KL ATTINGAL
S11 20 KL THIRUVANANTHAPURAM
S12 1 MP MORENA
S12 2 MP BHIND
S12 3 MP GWALIOR
S12 4 MP GUNA
S12 5 MP SAGAR
S12 6 MP TIKAMGARH
S12 7 MP DAMOH
S12 8 MP KHAJURAHO
S12 9 MP SATNA
S12 10 MP REWA
S12 11 MP SIDHI
S12 12 MP SHAHDOL
S12 13 MP JABALPUR
S12 14 MP MANDLA
S12 15 MP BALAGHAT
S12 16 MP CHHINDWARA
S12 17 MP HOSHANGABAD
S12 18 MP VIDISHA
S12 19 MP BHOPAL
S12 20 MP RAJGARH
S12 21 MP DEWAS
S12 22 MP UJJAIN
S12 23 MP MANDSOUR
S12 24 MP RATLAM
S12 25 MP DHAR
S12 26 MP INDORE
S12 27 MP KHARGONE
S12 28 MP KHANDWA
S12 29 MP BETUL
S13 1 MH NANDURBAR
S13 2 MH DHULE
S13 3 MH JALGAON
S13 4 MH RAVER
S13 5 MH BULDHANA
S13 6 MH AKOLA
S13 7 MH AMRAVATI
S13 8 MH WARDHA
S13 9 MH RAMTEK
S13 10 MH NAGPUR
S13 11 MH BHANDARA – GONDIYA
S13 12 MH GADCHIROLI-CHIMUR
S13 13 MH CHANDRAPUR
S13 14 MH YAVATMAL-WASHIM
S13 15 MH HINGOLI
S13 16 MH NANDED
S13 17 MH PARBHANI
S13 18 MH JALNA
S13 19 MH AURANGABAD
S13 20 MH DINDORI
S13 21 MH NASHIK
S13 22 MH PALGHAR
S13 23 MH BHIWANDI
S13 24 MH KALYAN
S13 25 MH THANE
S13 26 MH MUMBAI NORTH
S13 27 MH MUMBAI NORTH WEST
S13 28 MH MUMBAI NORTH EAST
S13 29 MH MUMBAI NORTH CENTRAL
S13 30 MH MUMBAI SOUTH CENTRAL
S13 31 MH MUMBAI SOUTH
S13 32 MH RAIGAD
S13 33 MH MAVAL
S13 34 MH PUNE
S13 35 MH BARAMATI
S13 36 MH SHIRUR
S13 37 MH AHMADNAGAR
S13 38 MH SHIRDI
S13 39 MH BEED
S13 40 MH OSMANABAD
S13 41 MH LATUR
S13 42 MH SOLAPUR
S13 43 MH MADHA
S13 44 MH SANGLI
S13 45 MH SATARA
S13 46 MH RATNAGIRI – SINDHUDURG
S13 47 MH KOLHAPUR
S13 48 MH HATKANANGLE
S14 1 MN INNER MANIPUR
S14 2 MN OUTER MANIPUR
S15 1 ML SHILLONG
S15 2 ML TURA
S16 1 MZ MIZORAM
S17 1 NL NAGALAND
S18 1 OR BARGARH
S18 2 OR SUNDARGARH
S18 3 OR SAMBALPUR
S18 4 OR KEONJHAR
S18 5 OR MAYURBHANJ
S18 6 OR BALASORE
S18 7 OR BHADRAK
S18 8 OR JAJPUR
S18 9 OR DHENKANAL
S18 10 OR BOLANGIR
S18 11 OR KALAHANDI
S18 12 OR NABARANGPUR
S18 13 OR KANDHAMAL
S18 14 OR CUTTACK
S18 15 OR KENDRAPARA
S18 16 OR JAGATSINGHPUR
S18 17 OR PURI
S18 18 OR BHUBANESWAR
S18 19 OR ASKA
S18 20 OR BERHAMPUR
S18 21 OR KORAPUT
S19 1 PB GURDASPUR
S19 2 PB AMRITSAR
S19 3 PB KHADOOR SAHIB
S19 4 PB JALANDHAR
S19 5 PB HOSHIARPUR
S19 6 PB ANANDPUR SAHIB
S19 7 PB LUDHIANA
S19 8 PB FATEHGARH SAHIB
S19 9 PB FARIDKOT
S19 10 PB FEROZPUR
S19 11 PB BATHINDA
S19 12 PB SANGRUR
S19 13 PB PATIALA
S20 1 RJ GANGANAGAR
S20 2 RJ BIKANER
S20 3 RJ CHURU
S20 4 RJ JHUNJHUNU
S20 5 RJ SIKAR
S20 6 RJ JAIPUR RURAL
S20 7 RJ JAIPUR
S20 8 RJ ALWAR
S20 9 RJ BHARATPUR
S20 10 RJ KARAULI-DHOLPUR
S20 11 RJ DAUSA
S20 12 RJ TONK-SAWAI MADHOPUR
S20 13 RJ AJMER
S20 14 RJ NAGAUR
S20 15 RJ PALI
S20 16 RJ JODHPUR
S20 17 RJ BARMER
S20 18 RJ JALORE
S20 19 RJ UDAIPUR
S20 20 RJ BANSWARA
S20 21 RJ CHITTORGARH
S20 22 RJ RAJSAMAND
S20 23 RJ BHILWARA
S20 24 RJ KOTA
S20 25 RJ JHALAWAR-BARAN
S21 1 SK SIKKIM
S22 1 TN THIRUVALLUR
S22 2 TN CHENNAI NORTH
S22 3 TN CHENNAI SOUTH
S22 4 TN CHENNAI CENTRAL
S22 5 TN SRIPERUMBUDUR
S22 6 TN KANCHEEPURAM
S22 7 TN ARAKKONAM
S22 8 TN VELLORE
S22 9 TN KRISHNAGIRI
S22 10 TN DHARMAPURI
S22 11 TN TIRUVANNAMALAI
S22 12 TN ARANI
S22 13 TN VILUPPURAM
S22 14 TN KALLAKURICHI
S22 15 TN SALEM
S22 16 TN NAMAKKAL
S22 17 TN ERODE
S22 18 TN TIRUPPUR
S22 19 TN NILGIRIS
S22 20 TN COIMBATORE
S22 21 TN POLLACHI
S22 22 TN DINDIGUL
S22 23 TN KARUR
S22 24 TN TIRUCHIRAPPALLI
S22 25 TN PERAMBALUR
S22 26 TN CUDDALORE
S22 27 TN CHIDAMBARAM
S22 28 TN MAYILADUTHURAI
S22 29 TN NAGAPATTINAM
S22 30 TN THANJAVUR
S22 31 TN SIVAGANGA
S22 32 TN MADURAI
S22 33 TN THENI
S22 34 TN VIRUDHUNAGAR
S22 35 TN RAMANATHAPURAM
S22 36 TN THOOTHUKKUDI
S22 37 TN TENKASI
S22 38 TN TIRUNELVELI
S22 39 TN KANNIYAKUMARI
S23 1 TR TRIPURA WEST
S23 2 TR TRIPURA EAST
S24 1 UP SAHARANPUR
S24 2 UP KAIRANA
S24 3 UP MUZAFFARNAGAR
S24 4 UP BIJNOR
S24 5 UP NAGINA
S24 6 UP MORADABAD
S24 7 UP RAMPUR
S24 8 UP SAMBHAL
S24 9 UP AMROHA
S24 10 UP MEERUT
S24 11 UP BAGHPAT
S24 12 UP GHAZIABAD
S24 13 UP GAUTAM BUDDH NAGAR
S24 14 UP BULANDSHAHR
S24 15 UP ALIGARH
S24 16 UP HATHRAS
S24 17 UP MATHURA
S24 18 UP AGRA
S24 19 UP FATEHPUR SIKRI
S24 20 UP FIROZABAD
S24 21 UP MAINPURI
S24 22 UP ETAH
S24 23 UP BADAUN
S24 24 UP AONLA
S24 25 UP BAREILLY
S24 26 UP PILIBHIT
S24 27 UP SHAHJAHANPUR
S24 28 UP KHERI
S24 29 UP DHAURAHRA
S24 30 UP SITAPUR
S24 31 UP HARDOI
S24 32 UP MISRIKH
S24 33 UP UNNAO
S24 34 UP MOHANLALGANJ
S24 35 UP LUCKNOW
S24 36 UP RAE BARELI
S24 37 UP AMETHI
S24 38 UP SULTANPUR
S24 39 UP PRATAPGARH
S24 40 UP FARRUKHABAD
S24 41 UP ETAWAH
S24 42 UP KANNAUJ
S24 43 UP KANPUR
S24 44 UP AKBARPUR
S24 45 UP JALAUN
S24 46 UP JHANSI
S24 47 UP HAMIRPUR
S24 48 UP BANDA
S24 49 UP FATEHPUR
S24 50 UP KAUSHAMBI
S24 51 UP PHULPUR
S24 52 UP ALLAHABAD
S24 53 UP BARABANKI
S24 54 UP FAIZABAD
S24 55 UP AMBEDKAR NAGAR
S24 56 UP BAHRAICH
S24 57 UP KAISERGANJ
S24 58 UP SHRAWASTI
S24 59 UP GONDA
S24 60 UP DOMARIYAGANJ
S24 61 UP BASTI
S24 62 UP SANT KABIR NAGAR
S24 63 UP MAHARAJGANJ
S24 64 UP GORAKHPUR
S24 65 UP KUSHI NAGAR
S24 66 UP DEORIA
S24 67 UP BANSGAON
S24 68 UP LALGANJ
S24 69 UP AZAMGARH
S24 70 UP GHOSI
S24 71 UP SALEMPUR
S24 72 UP BALLIA
S24 73 UP JAUNPUR
S24 74 UP MACHHLISHAHR
S24 75 UP GHAZIPUR
S24 76 UP CHANDAULI
S24 77 UP VARANASI
S24 78 UP BHADOHI
S24 79 UP MIRZAPUR
S24 80 UP ROBERTSGANJ
S25 1 WB COOCH BEHAR
S25 2 WB ALIPURDUARS
S25 3 WB JALPAIGURI
S25 4 WB DARJEELING
S25 5 WB RAIGANJ
S25 6 WB BALURGHAT
S25 7 WB MALDAHA UTTAR
S25 8 WB MALDAHA DAKSHIN
S25 9 WB JANGIPUR
S25 10 WB BAHARAMPUR
S25 11 WB MURSHIDABAD
S25 12 WB KRISHNANAGAR
S25 13 WB RANAGHAT
S25 14 WB BANGAON
S25 15 WB BARRACKPORE
S25 16 WB DUM DUM
S25 17 WB BARASAT
S25 18 WB BASIRHAT
S25 19 WB JOYNAGAR
S25 20 WB MATHURAPUR
S25 21 WB DIAMOND HARBOUR
S25 22 WB JADAVPUR
S25 23 WB KOLKATA DAKSHIN
S25 24 WB KOLKATA UTTAR
S25 25 WB HOWRAH
S25 26 WB ULUBERIA
S25 27 WB SRERAMPUR
S25 28 WB HOOGHLY
S25 29 WB ARAMBAGH
S25 30 WB TAMLUK
S25 31 WB KANTHI
S25 32 WB GHATAL
S25 33 WB JHARGRAM
S25 34 WB MEDINIPUR
S25 35 WB PURULIA
S25 36 WB BANKURA
S25 37 WB BISHNUPUR
S25 38 WB BARDHAMAN PURBA
S25 39 WB BURDWAN – DURGAPUR
S25 40 WB ASANSOL
S25 41 WB BOLPUR
S25 42 WB BIRBHUM
S26 1 CG SARGUJA
S26 2 CG RAIGARH
S26 3 CG JANJGIR-CHAMPA
S26 4 CG KORBA
S26 5 CG BILASPUR
S26 6 CG RAJNANDGAON
S26 7 CG DURG
S26 8 CG RAIPUR
S26 9 CG MAHASAMUND
S26 10 CG BASTAR
S26 11 CG KANKER
S27 1 JH RAJMAHAL
S27 2 JH DUMKA
S27 3 JH GODDA
S27 4 JH CHATRA
S27 5 JH KODARMA
S27 6 JH GIRIDIH
S27 7 JH DHANBAD
S27 8 JH RANCHI
S27 9 JH JAMSHEDPUR
S27 10 JH SINGHBHUM
S27 11 JH KHUNTI
S27 12 JH LOHARDAGA
S27 13 JH PALAMAU
S27 14 JH HAZARIBAGH
S28 1 UK TEHRI GARHWAL
S28 2 UK GARHWAL
S28 3 UK ALMORA
S28 4 UK NAINITAL-UDHAMSINGH NAGAR
S28 5 UK HARDWAR
U01 1 AN ANDAMAN & NICOBAR ISLANDS
U02 1 CH CHANDIGARH
U03 1 DN DADAR & NAGAR HAVELI
U04 1 DD DAMAN & DIU
U05 1 DL CHANDNI CHOWK
U05 2 DL NORTH EAST DELHI
U05 3 DL EAST DELHI
U05 4 DL NEW DELHI
U05 5 DL NORTH WEST DELHI
U05 6 DL WEST DELHI
U05 7 DL SOUTH DELHI
U06 1 LD LAKSHADWEEP
U07 1 PY PUDUCHERRY

American Voices: A Brief Popular History of the United States in 20 You-Tube Music Videos

Someone once wondered if you can play chess without the Queen;  I wonder,  can a poem be written without words?

Certainly no country other than the United States might have its modern history sought to be told of  in a  medley such as this.

SR

Letter to Wei Jingsheng

Mr Wei Jingsheng,  Citizen of  China

Dear Sir,

I am delighted to know from news reports today that you are well and active.

This short note is merely to tell you that some 28 years ago, your name entered my doctoral thesis  submitted to the Cambridge University Faculty of Economics & Politics,  titled “On liberty & economic growth: preface to a philosophy for India”.

On page 23, the thesis said:

“We know such conversations should not be forcibly silenced, which is why it is wrong that Dr Sakharov is banished, or that Mr Wei Jingsheng is gaoled for a decade, or that Dr Tomin is brutally assaulted and not allowed to lecture on Aristotle.”

And again on page 104:

“A disciplined and united oligarchy can with careful planning maintain its rule indefinitely over an amorphous and anonymous citizenry.  The only thorns in its side will be men like Sakharov and Wei Jingsheng and Tomin whose courage is somehow signalled to the outside world and who thus become recognisable names.  But even these men can be exiled or gaoled or thrashed into silence, so extinguishing the small chance left of the the truth being told and the Leadership’s claim to unique wisdom being exposed for the sheer humbug it is.”

With my continuing admiration, I remain

Yours truly

Subroto Roy

Kolkata, India

How to solve Kashmir (2009)

see

https://independentindian.com/2015/03/03/pakistans-indias-illusions-of-power-psychosis-vs-vanity/

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

Also

from Jan 2009
It is excellent news Omar Abdullah has become the constitutionally elected Head of Government of the great Indian state of Jammu & Kashmir after a historic vote.  I had the privilege of meeting his esteemed father briefly once on 23 March 1991 at the residence of the late Rajiv Gandhi though it would be understandable if he did not recall it.  Farooq Abdullah’s father Sheikh Abdullah was not merely a Lion of Kashmir but a genuine hero of Indian history, a true Bharat Ratna, someone whose commitment to constitutional principles of law and politics I admire more and more as I learn more of it…

The purpose of this open letter is to describe the broad path I believe to be the only just and lawful one available to the resolution of what has been known universally as the Kashmir problem.

Very briefly, it involves recognizing that the question of lawful territorial sovereignty in J&K is logically distinct from the question of the choice of nationality by individual inhabitants.  The solution requires

(a)    acknowledging that the original entity in the world system known as Jammu & Kashmir arising on March 16 1846 ceased to exist on or about October 22 1947, and that the military contest that commenced on the latter date has resulted in fact, given all particular circumstances of history, in the lawful and just outcome in international law;
(b)    offering all who may be Indian nationals or stateless and who presently live under Article 370, a formal choice of nationality between the Republics of India, Iran, Afghanistan and Pakistan: citizen-by-citizen, without fear or favour, under conditions of full information, individual privacy and security; any persons who voluntarily choose to renounce Indian nationality in such private individual decisions would be nevertheless granted lawful permanent residence in the Indian Republic and J&K in particular.

In other words, the dismemberment of the original J&K State and annexation of its territories by the entities known today as the Republic of Pakistan and Republic of India  that occurred since October 22 1947, as represented first by the 1949 Ceasefire Line and then by the 1972 Line of Control, is indeed the just and lawful outcome prevailing in respect of the question of territorial sovereignty and jurisdiction. The remaining democratic question has to do with free individual choice of nationality by inhabitants, under conditions of full information and privacy, citizen-by-citizen, with the grant of permanent residency rights by the Indian Republic to persons under its jurisdiction in J&K who might wish to choose, for deeply personal individual reasons, not to remain Indian nationals but become Afghan, Iranian or Pakistani nationals instead (or remain stateless).   Pakistan has said frequently its sole concern has been the freedom of Muslims of J&K under Indian rule, and any such genuine concern shall have been thereby fully met by India.  Indeed if Pakistan agreed to act similarly this entire complex mortal problem of decades shall have begun to be resolved most appropriately. Pakistan and India are both wracked by corruption, poverty and bad governance, and would be able to mutually draw down military forces pit against one another everywhere, so as to begin to repair the grave damage to their fiscal health caused over decades by the deleterious draining away of vast public resources.

The full reasoning underlying this solution, which I believe to be the only lawful, just, efficient and stable solution that exists, is thoroughly explained in the following five  articles. The first four, “Solving Kashmir”, “Law, Justice & J&K”, “History of J&K”, and “Pakistan’s Allies”, were published in The Statesman in 2005-2006 and are marked ONE, TWO, THREE, and FOUR below, and are also available elsewhere here.  The fifth “An Indian Reply to President Zardari”, marked FIVE, was published for the first time here following the Mumbai massacres.  I believe careful reflection upon this entire body of reasoning may lead all reasonable men and women to a practically unanimous consensus about this as the appropriate course of action; if such a consensus happened to arise, the implementation of the solution shall only be a matter of relatively uncomplicated procedural detail.

Subroto Roy
January 7 2009

“ONE
SOLVING KASHMIR: ON AN APPLICATION OF REASON by Subroto Roy First published in three parts in The Statesman, Editorial Page Special Article, December 1,2,3 2005, http://www.thestatesman.net

(This article has its origins in a paper “Towards an Economic Solution for Kashmir” which circulated in Washington DC in 1992-1995, including at the Indian and Pakistani embassies and the Carnegie Endowment, and was given as an invited lecture at the Heritage Foundation on June 23 1998. It should be read along with other articles also republished here, especially “History of J&K”, “Law, Justice and J&K” , “Understanding Pakistan”, “Pakistan’s Allies” and “What to Tell Musharraf”. The Washington paper and lecture itself originated from my ideas in the Introduction to Foundations of Pakistan’s Political Economy, edited by WE James and myself in the University of Hawaii project on Pakistan 1986-1992.)

I. Give Indian `Green Cards’ to the Hurriyat et al
India, being a liberal democracy in its constitutional law, cannot do in Jammu & Kashmir what Czechoslovakia did to the “Sudeten Germans” after World War II. On June 18 1945 the new Czechoslovakia announced those Germans and Magyars within their borders who could not prove they had been actively anti-fascist before or during the War would be expelled — the burden of proof was placed on the individual, not the State. Czechoslovakia “transferring” this population was approved by the Heads of the USA, UK and USSR Governments at Potsdam on August 2 1945. By the end of 1946, upto two million Sudeten Germans were forced to flee their homes; thousands may have died by massacre or otherwise; 165,000 remained who were absorbed as Czechoslovak citizens. Among those expelled were doubtless many who had supported Germany and many others who had not — the latter to this day seek justice or even an apology in vain. Czechoslovakia punished none of its nationals for atrocities, saying it had been revenge for Hitler’s evil (”badla” in Bollywood terms) and the post Cold War Czech Government too has declined to render an apology. Revenge is a wild kind of justice (while justice may be a civilised kind of revenge).

India cannot follow this savage precedent in international law. Yet we must recognise there are several hundred and up to several hundred thousand persons on our side of the boundary in the State of Jammu & Kashmir who do not wish to be Indian nationals. These people are presently our nationals ius soli, having been born in territory of the Indian Republic, and/or ius sanguinis, having been born of parents who are Indian nationals; or they may be “stateless” whom we must treat in accordance with the 1954 Convention on Stateless Persons. The fact is they may not wish to carry Indian passports or be Indian nationals.

In this respect their juridical persons resemble the few million “elite” Indians who have in the last few decades freely placed their hands on their hearts and solemnly renounced their Indian nationality, declaring instead their individual fidelity to other nation-states — becoming American, Canadian or Australian citizens, or British subjects or nationals of other countries. Such people include tens of thousands of the adult children of India’s metropolitan “elite”, who are annually visited abroad in the hot summer months by their Indian parents and relatives. They are daughters and sons of New Delhi’s Government and Opposition, of retired generals, air marshals, admirals, ambassadors, cabinet secretaries, public sector bureaucrats, private sector businessmen, university professors, journalists, doctors and many others. India’s most popular film-actress exemplified this “elite” capital-flight when, after a tireless search, she chose a foreign husband and moved to California.

The difference in Jammu & Kashmir would be that those wishing to renounce Indian nationality do not wish to move to any other place but to stay as and where they are, which is in Kashmir Valley or Jammu. Furthermore, they may wish, for whatever reason, to adopt, if they are eligible to do so, the nationality of e.g. the Islamic Republic of Afghanistan or the Islamic Republic of Iran or the Islamic Republic of Pakistan.

They may believe themselves descended from Ahmad Shah Abdali whose Afghans ruled or mis-ruled Kashmir Valley before being defeated by Ranjit Singh’s Sikhs in 1819. Or they may believe themselves of Iranian descent as, for example, are the Kashmiri cousins of the late Ayatollah Khomeini. Or they may simply have wished to be, or are descended from persons who had wished to be on October 26 1947, citizens of the then-new British Dominion of Pakistan — but who came to be prevented from properly expressing such a desire because of the war-like conditions that have prevailed ever since between India and Pakistan. There may be even a few persons in Laddakh who are today Indian nationals but who wish to be considered Tibetans instead; there is, however, no Tibetan Republic and it does not appear there is going to be one.

India, being a free and self-confident country, should allow, in a systematic lawful manner, all such persons to fulfil their desires, and furthermore, should ensure they are not penalised for having expressed such “anti-national” desires or for having acted upon them. Sir Mark Tully, the British journalist, is an example of someone who has been a foreign national who has chosen to reside permanently in the Republic of India — indeed he has been an exemplary permanent resident of our country. There are many others like him. There is no logical reason why all those persons in Jammu & Kashmir who do wish not to be Indians by nationality cannot receive the same legal status from the Indian Republic as has been granted to Sir Mark Tully. There are already thousands of Sri Lankan, Bangladeshi and Nepalese nationals who are lawful permanent residents in the Indian Republic, and who travel back and forth between India and their home countries. There is no logical reason why the same could not be extended to several hundred or numerous thousand people in Jammu & Kashmir who may wish to not accept or to renounce their Indian nationality (for whatever personal reason) and instead become nationals, if they are so eligible, of the Islamic Republics of Afghanistan, Iran or Pakistan, or, for that matter, to remain stateless. On the one hand, their renunciation of Indian nationality is logically equivalent to the renunciation of Indian nationality by the adult children of India’s “elite” settled in North America and Western Europe. On the other hand, their wish to adopt, if they are eligible, a foreign nationality, such as that of Afghanistan, Iran or Pakistan, and yet remain domiciled in Indian territory is logically equivalent to that of many foreign nationals domiciled in India already like Sir Mark Tully.

Now if you are a permanent resident of some country, you may legally have many, perhaps most, but certainly not all the rights and duties of nationals of that country. e.g., though you will have to pay all the same taxes, you may not be allowed to (or be required to) vote in national or provincial elections but you may in local municipal elections. At the same time, permanently residing foreign nationals are supposed to be equal under the law and have equal access to all processes of civil and criminal justice. (As may be expected though from human frailty, even the federal courts of the USA can be notorious in their injustice and racism towards “Green Card” holders relative to “full” American citizens.) Then again, as a permanently resident foreigner, while you will be free to work in any lawful trade or profession, you may not be allowed to work in some or perhaps any Government agencies, certainly not the armed forces or the police. Many Indians in the USA were engineering graduates, and because many engineering jobs or contracts in the USA are related to the US armed forces and require US citizens only, it is commonplace for Indian engineers to renounce their Indian nationality and become Americans because of this. Many Indian-American families have one member who is American, another Indian, a third maybe Canadian, a fourth Fijian or British etc.

The same can happen in the Indian State of Jammu & Kashmir if it evolves peacefully and correctly in the future. It is quite possible to imagine a productive family in a peaceful Kashmir Valley of the future where one brother is an officer in the Indian Armed Forces, another brother a civil servant and a sister a police officer of the J&K State Government, another sister being a Pakistani doctor, while cousins are Afghan or Iranian or “stateless” businessmen. Each family-member would have made his/her choice of nationality as an individual given the circumstances of his/her life, his/her personal comprehension of the facts of history, his/her personal political and/or religious persuasions, and similar deeply private considerations. All would have their children going to Indian schools and being Indian citizens ius soli and/or ius sanguinis. When the children grow up, they would be free to join, if they wished, the existing capital flight of other Indian adult children abroad and there renounce their Indian nationality as many have come to do.

II Revealing Choices Privately with Full Information
For India to implement such a proposal would be to provide an opportunity for all those domiciled in Kashmir Valley, Jammu and Laddakh to express freely and privately as individuals their deepest wishes about their own identities, in a confidential manner, citizen by citizen, case by case. This would thereby solve the fundamental democratic problem that has been faced ever since the Pakistani attack on the original State of Jammu & Kashmir commenced on October 22 1947, which came to be followed by the Rape of Baramulla — causing the formal accession of the State to the then-new Dominion of India on October 26 1947.

A period of, say, 30 months may be announced by the Government of India during which full information would be provided to all citizens affected by this change, i.e. all those presently governed by Article 370 of the Indian Constitution. The condition of full information may include, for example, easy access to Afghan, Iranian and Pakistani newspapers in addition to access to Indian media. Each such person wishing to either remain with Indian nationality (by explicitly requesting an Indian passport if he/she does not have one already — and such passports can be printed in Kashmiri and Urdu too), or to renounce Indian nationality and either remain stateless or adopt, if he/she is so eligible, the nationality of e.g. Afghanistan, Iran, or Pakistan, should be administratively assisted by the Government of India to make that choice.

In particular, he/she should be individually, confidentially, and without fear or favour assured and informed of his/her new rights and responsibilities. For example, a resident of Kashmir Valley who chooses to become a Pakistani citizen, such as Mr Geelani, would now enjoy the same rights and responsibilities in the Indian Republic that Mr Tully enjoys, and at the same time no longer require a visa to visit Pakistan just as Mr Tully needs no visa to enter Britain. In case individual participants in the Hurriyat choose to renounce Indian nationality and adopt some other, they would no longer be able to legally participate in Indian national elections or J&K’s State elections. That is something which they say they do not wish to do in any case. Those members of the Hurriyat who chose e.g. Pakistani nationality while still residing in Jammu & Kashmir, would be free to send postal ballots or cross the border and vote in Pakistan’s elections if and when these occur. There are many Canadians who live permanently in the USA who cross home to Canada in order to cast a ballot.

After the period of 30 months, every person presently under Article 370 of the Indian Constitution would have received a full and fair opportunity to privately and confidentially reveal his/her preference or choice under conditions of full information. “Partition”, “Plebiscite”, and “Military Decision” have been the three alternatives under discussion ever since the National Conference of Sheikh Mohammad Abdullah and his then-loyal Deputy, Bakshi Ghulam Mohammad, helped the Indian Army and Air Force in 1947-1948 fight off the savage attack against Jammu & Kashmir State that had commenced from Pakistan on October 22 1947. When, during the Pakistani attack, the Sheikh and Bakshi agreed to the Muslim Conference’s demand for a plebiscite among the people, the Pakistanis balked — the Sheikh and Bakshi then withdrew their offer and decisively and irrevocably chose to accede to the Indian Union. The people of Jammu & Kashmir, like any other, are now bound by the sovereign political commitments made by their forebears. Even so, given the painful mortal facts of the several decades since, the solution here proposed if properly implemented would be an incomparably more thorough democratic exercise than any conceivable plebiscite could ever have been.

Furthermore, regardless of the outcome, it would not entail any further “Partition” or population “transfer” which inevitably would degenerate into a savage balkanization, and has been ruled out as an unacceptable “deal-breaker” by the Indian Republic. Instead, every individual person would have been required, in a private and confidential decision-making process, to have chosen a nationality or to remain stateless — resulting in a multitude of cosmopolitan families in Jammu & Kashmir. But that is something commonplace in the modern world. Properly understood and properly implemented, we shall have resolved the great mortal problem we have faced for more than half a century, and Jammu & Kashmir can finally settle into a period of peace and prosperity. The boundary between India and Pakistan would have been settled by the third alternative mentioned at the time, namely, “Military Decision”.

III. Of Flags and Consulates in Srinagar and Gilgit
Pakistan has demanded its flag fly in Srinagar. This too can happen though not in the way Pakistan has been wishing to see it happen. A Pakistan flag might fly in the Valley just as might an Afghan and Iranian flag as well. Pakistan has wished its flag to fly as the sovereign over Jammu & Kashmir. That is not possible. The best and most just outcome is for the Pakistani flag to fly over a recognised Pakistani consular or visa office in Srinagar, Jammu and Leh. In diplomatic exchange, the Indian tricolour would have to fly over a recognised Indian consular or visa office in Muzaffarabad, Gilgit and Skardu.

Pakistan also may have to act equivalently with respect to the original inhabitants of the territory of Jammu & Kashmir that it has been controlling — allowing those people to become Indian nationals if they so chose to do in free private decisions under conditions of full information. In other words, the “Military Decision” that defines the present boundary between sovereign states must be recognised by Pakistan sincerely and permanently in a Treaty relationship with India — and all of Pakistan’s official and unofficial protégés like the Hurriyat and the “United Jehad Council” would have to do the same. Without such a sovereign commitment from the Government of Pakistan, as shown by decisive actions of lack of aggressive intent (e.g. as came to be implemented between the USA and USSR), the Government of India has no need to involve the Government of Pakistan in implementing the solution of enhancing free individual choice of nationality with regard to all persons on our side of the boundary.

The “Military Decision” regarding the sovereign boundary in Jammu & Kashmir will be so recognised by all only if it is the universally just outcome in international law. And that in fact is what it is.

The original Jammu & Kashmir State began its existence as an entity in international law long before the present Republics of India and Pakistan ever did. Pakistan commences as an entity on August 14 1947; India commences as an entity of international law with its signing of the Treaty of Versailles on June 20 1918. Jammu & Kashmir began as an entity on March 16 1846 — when the Treaty of Amritsar was signed between Gulab Singh Dogra and the British, one week after the Treaty of Lahore between the British and the defeated Sikh regency of the child Daleep Singh.

Liaquat Ali Khan and Zafrullah Khan both formally challenged on Pakistan’s behalf the legitimacy of Dogra rule in Jammu & Kashmir since the Treaty of Amritsar. The Pakistani Mission to the UN does so even today. The Pakistanis were following Sheikh Abdullah and Jawaharlal Nehru himself, who too had at one point challenged Dogra legitimacy in the past. But though the form of words of the Pakistan Government and the Nehru-Abdullah position were similar in their attacks on the Treaty of Amritsar, their underlying substantive reasons were as different as chalk from cheese. The Pakistanis attacked the Dogra dynasty for being Dogra — i.e. because they were Hindus and not Muslims governing a Muslim majority. Nehru and Abdullah denounced monarchic autocracy in favour of mass democracy, and so attacked the Dogra dynasty for being a dynasty. All were wrong to think the Treaty of Amritsar anything but a lawful treaty in international law.

Furthermore, in this sombre political game of great mortal consequence, there were also two other parties who were, or appeared to be, in favour of the dynasty: one because the dynasty was non-Muslim, the other, despite it being so. Non-Muslim minorities like many Hindus and Sikhs in the business and governmental classes, saw the Dogra dynasty as their protector against a feared communalist tyranny arising from the Sunni Muslim masses of Srinagar Valley, whom Abdullah’s rhetoric at Friday prayer-meetings had been inciting or at least awakening from slumber. At the same time, the communalists of the Muslim Conference who had broken away from Abdullah’s secular National Conference, sought political advantage over Abdullah by declaring themselves in favour of keeping the dynasty — even elevating it to become an international sovereign, thus flattering the already pretentious potentate that he would be called “His Majesty” instead of merely “His Highness”. The ancestry of today’s Hurriyat’s demands for an independent Jammu & Kashmir may be traced precisely to those May 21-22 1947 declarations of the Muslim Conference leader, Hamidullah Khan.

Into this game stumbled the British with all the mix of cunning, indifference, good will, impatience, arrogance and pomposity that marked their rule in India. At the behest of the so-called “Native Princes”, the 1929 Butler Commission had hinted that the relationship of “Indian India” to the British sovereign was conceptually different from that of “British India” to the British sovereign. This view was adopted in the Cabinet Mission’s 12 May 1946 Memorandum which in turn came to be applied by Attlee and Mountbatten in their unseemly rush to “Divide and Quit” India in the summer of 1947.

It created the pure legal illusion that there was such a thing as “Lapse of Paramountcy” at which Jammu & Kashmir or any other “Native State” of “Indian India” could conceivably, even for a moment, become a sovereign enjoying the comity of nations — contradicting Britain’s own position that only two Dominions, India and Pakistan, could ever be members of the British Commonwealth and hence members of the newly created UN. British pusillanimity towards Jammu & Kashmir’s Ruler had even extended to making him a nominal member of Churchill’s War Cabinet because he had sent troops to fight in Burma. But the legal illusion had come about because of a catastrophic misunderstanding on the part of the British of their own constitutional law.

The only legal scholar who saw this was B R Ambedkar in a lonely and brilliant technical analysis released to the press on June 17 1947. No “Lapse of Paramountcy” over the “Native Princes” of Indian India could occur in constitutional law. Paramountcy over Indian India would be automatically inherited by the successor state of British India at the Transfer of Power. That successor state was the new British Dominion of India as well as (when it came to be finalised by Partition from India) the new British Dominion of Pakistan (Postscript: the deleted words represent a mistake made in the original paper, corrected in “Law, Justice & J&K” in view of the fact the UN  in 1947 deemed  India alone the successor state of British India and Pakistan a new state in the world system).  A former “Native Prince” could only choose to which Dominion he would go. No other alternative existed even for a single logical moment. Because the British had catastrophically failed to comprehend this aspect of their own constitutional law, they created a legal vacuum whereby between August 15 and October 22-26 1947, Jammu & Kashmir became a local and temporary sovereign recognised only by the Dominion of Pakistan (until October 22) and the Dominion of India (until October 26). But it was not a globally recognised sovereign and was never going to be such in international law. This was further proved by Attlee refusing to answer the J&K Prime Minister’s October 18 1947 telegram.

All ambiguity came to end with the Pakistani attack of October 22 1947, the Rape of Baramulla, the secession of an “Azad Kashmir”declared by Sardar Ibrahim, and the Pakistani coup détat in Gilgit on October 31 1947 followed by the massacre of Sikh soldiers of the J&K Army at Bunji. With those Pakistani actions, Gulab Singh’s Jammu & Kashmir State, founded on March 16 1846 by the Treaty of Amritsar, ceased to logically exist as an entity in international law and fell into a state of ownerless anarchy. The conflict between Ibrahim’s Muslim communalists backed by the new Dominion of Pakistan and Abdullah’s secularists backed by the new Dominion of India had become a civil war within a larger intra-Commonwealth war that itself was almost a civil war between forces of the same military.

Jammu & Kashmir territory had become ownerless. The Roman Law which is at the root of all municipal and international law in the world today would declare that in the ownership of such an ownerless entity, a “Military Decision” was indeed the just outcome. Sovereignty over the land, waters, forests and other actual and potential resources of the erstwhile State of Jammu & Kashmir has become divided by “Military Decision” between the modern Republics of India and Pakistan. By the proposal made herein, the people and their descendants shall have chosen their nationality and their domicile freely across the sovereign boundary that has come to result.

TWO
LAW, JUSTICE AND J&K by Subroto Roy First published in two parts in The Sunday Statesman, July 2 2006 and The Statesman July 3 2006 http://www.thestatesman.net Editorial Page Special Article

I.
For a solution to J&K to be universally acceptable it must be seen by all as being lawful and just. Political opinion in Pakistan and India as well as all people and parties in J&K ~ those loyal to India, those loyal to Pakistan, and any others ~ will have to agree that, all things considered, such is the right course of action for everyone today in the 21st Century, which means too that the solution must be consistent with the facts of history as well as account reasonably for all moral considerations.

On August 14, 1947, the legal entity known as “British India”, as one of its final acts, and based on a sovereign British decision made only two months earlier, created out of some of its territory a new State defined in international law as the “Dominion of Pakistan”. British India extinguished itself the very next day, and the newly independent “Dominion of India” succeeded to all its rights and obligations in international law. As the legal successor of the “India” which had signed the Treaty of Versailles in 1919 and the San Francisco Declaration of 1945, the Dominion of India was already a member of the new UN as well as a signatory to many international treaties. By contrast, the Dominion of Pakistan had to apply afresh to sign treaties and become a member of international organisations. The theory put forward by Argentina that two new States, India and Pakistan, had been created ab initio, came to be rejected and was withdrawn by Argentina. Instead, Pakistan with the wholehearted backing of India was made a member of the UN, with all except Afghanistan voting in favour. (Afghanistan’s exceptional vote signalled presence of conflict over the Durand Line and idea of a Pashtunistan; Dr Khan Sahib and Abdul Ghaffar Khan were imprisoned by the Muslim League regime of NWFP which later supported the tribesmen who attacked J&K starting October 22, 1947; that conflict remains unresolved to this day, even after the American attack on the Taliban, the restart of a constitutional process in Afghanistan, and the purported mediation of US Secretary of State Condoleeza Rice.)

Zafrullah Khan, Pakistan’s distinguished first ambassador to the UN, claimed in September 1947: “Pakistan is not a new member of UNO but a successor to a member State which was one of the founders of the Organisation.” He noted that he himself had led India to the final session of the League of Nations in Geneva in 1939, and he wished to say that Pakistan had been present “as part of India… under the latter name” as a signatory to the Treaty of Versailles. This was, however, logically impossible. The Treaty of Versailles long predated (1) Mohammad Iqbal’s Allahabad Address which conceptualised for the first time in the 20th Century a Muslim State in Northwest India; (2) Rahmat Ali’s invention of the word “PAKSTAN” on the top floor of a London omnibus; (3) M. A. Jinnah and Fazlul Haq’s Lahore Resolution; and (4) the final British decision of June 3, 1947 to create by Partition out of “British India” a Dominion named Pakistan. Pakistan could not have acted in international law prior to having come into being or been created or even conceived itself. Zafrullah Khan would have been more accurate to say that the history of Pakistanis until August 14, 1947 had been one in common with that of their Indian cousins ~ or indeed their Indian brothers, since innumerable North Indian Muslim families came to be literally partitioned, with some brothers remaining Indians while other brothers became Pakistanis.

Pakistan was created at the behest of Jinnah’s Muslim League though with eventual agreement of the Indian National Congress (a distant ancestor of the political party going by the same name today). Pakistan arose not because Jinnah said Hindus and Muslims were “two nations” but because he and his League wished for a State where Muslims would find themselves ruled by fellow-Muslims and feel themselves part of a pan-Islamic culture. Yet Pakistan was intended to be a secular polity with Muslim-majority governance, not an Islamic theocracy. That Pakistan failed to become secular was exemplified most poignantly in the persecution Zafrullah himself later faced in his personal life as an Ahmadiya, even while he was Pakistan’s Foreign Minister. (The same happened later to Pakistan’s Nobel-winning physicist Abdus Salaam.) Pakistan was supposed to allow the genius of Indo-Muslim culture to flourish, transplanted from places like Lucknow and Aligarh which would never be part of it. In fact, the areas that are Pakistan today had in the 1937 provincial elections shown scant popular Muslim support for Jinnah’s League. The NWFP had a Congress Government in the 1946 elections, and its supporters boycotted the pro-Pakistan referendum in 1947. The imposition of Urdu culture as Pakistan’s dominant ethos might have come to be accepted later in West Punjab, Sindh and NWFP but it was not acceptable in East Bengal, and led inevitably to the Pakistani civil war and creation of Bangladesh by Sheikh Mujib in 1971.

In August 1947, the new Dominions of India and Pakistan were each supposed to protect their respective minority populations as their first political duty. Yet both palpably failed in this, and were reduced to making joint declarations pleading for peace and an end to communal killings and the abduction of women. The Karachi Government, lacking the wherewithal and administrative machinery of being a nation-state at all, and with only Liaquat and an ailing Jinnah as noted leaders, may have failed more conspicuously, and West Punjab, the Frontier and Sindh were soon emptied of almost all their many Sikhs and Hindus. Instead, the first act of the new Pakistan Government in the weeks after August 14, 1947 was to arrange for the speedy and safe transfer of the North Indian Muslim elite by air from Delhi using chartered British aeroplanes. The ordinary Muslim masses of UP, Delhi and East Punjab were left in danger from or were subjected to Sikh and Hindu mob attacks, especially as news and rumours spread of similar outrages against Pakistan’s departing minorities.

In this spiral of revenge attacks and counter-attacks, bloodshed inevitably spilled over from West and East Punjab into the northern Punjabi plains of Jammu, though Kashmir Valley remained conspicuously peaceful. Zafrullah and Liaquat would later claim it was this communal civil war which had caused thousands of newly decommissioned Mirpuri soldiers of the British Army, and thousands of Afridi and other Frontier tribesmen, to spontaneously act to “liberate” J&K’s Muslims from alleged tyranny under the Hindu Ruler or an allegedly illegal Indian occupation.

But the main attack on J&K State that began from Pakistan along the Manshera-Muzaffarabad road on October 22, 1947 was admittedly far too well-organised, well-armed, well-planned and well-executed to have been merely a spontaneous uprising of tribesmen and former soldiers. In all but name, it was an act of undeclared war of the new Dominion of Pakistan first upon the State of J&K and then upon the Indian Dominion. This became obvious to Field Marshall Auchinlek, who, as Supreme Commander of the armed forces of both India and Pakistan, promptly resigned and abolished the Supreme Command in face of the fact that two parts of his own forces were now at war with one another.

The invaders failed to take Srinagar solely because they lost their military purpose while indulging in the Rape of Baramula. Thousands of Kashmiri women of all communities ~ Muslim, Sikh and Hindu ~ were violated and transported back to be sold in markets in Peshawar and elsewhere. Such was standard practice in Central Asian tribal wars from long before the advent of Islam, and the invading tribesmen shared that culture. India’s Army and Air Force along with the militias of the secular democratic movement led by Sheikh Abdullah and those remaining loyal units of J&K forces, fought off the invasion, and liberated Baramula, Naushera, Uri, Poonch etc. Gilgit had a British-led coup détat against it bringing it under Pakistan’s control. Kargil was initially taken by the Pakistanis and then lost by them. Leh could have been but was not taken by Pakistani forces. But in seeking to protect Leh and to retake Kargil, the Indian Army lost the siege of Skardu ~ which ended reputedly with the infamous communication from the Pakistani commander to his HQ: “All Sikhs killed; all women raped.”

Legal theory
Now, in this grave mortal conflict, the legal theory to which both the Indian and Pakistani Governments have been wedded for sixty years is one that had been endorsed by the British Cabinet Mission in 1946 and originated with the Butler Commission of 1929. Namely, that “Lapse of Paramountcy” over the “Indian India” of the “Native States” could and did occur with the extinction of British India on August 15, 1947. By this theory, Hyderabad, J&K, Junagadh and the several other States which had not acceded to either Dominion were no longer subject to the Crown’s suzerainty as of that date. Both Dominions drew up “Instruments of Accession” for Rulers to sign upon the supposed “Lapse” of Paramountcy that was to occur with the end of British India.

Ever since, the Pakistan Government has argued that Junagadh’s Ruler acceded to Pakistan and Hyderabad’s had wished to do so but both were forcibly prevented by India. Pakistan has also argued the accession to India by J&K’s Ruler was “fraudulent” and unacceptable, and Sheikh Abdullah was a “Quisling” of India and it was not his National Conference but the Muslim Conference of Ibrahim, Abbas and the Mirwaiz (precursor of the Hurriyat) which represented J&K’s Muslims.

India argued that Junagadh’s accession to Pakistan or Hyderabad’s independence were legal and practical impossibilities contradicting the wills of their peoples, and that their integration into the Indian Dominion was carried out in an entirely legitimate manner in the circumstances prevailing.

On J&K, India has argued that not only had the Ruler requested Indian forces to fight off the Pakistani attack, and he acceded formally before Indian forces were sent, but also that democratic principles were fully adhered to in the unequivocal endorsement of the accession by Sheikh Abdullah and the National Conference and further by a duly called and elected J&K Constituent Assembly, as well as generations of Kashmiris since. In the Indian view, it is Pakistan which has been in illegal occupation of Indian territory from Mirpur, Muzaffarabad and Gilgit to Skardu all the way to the Khunjerab Pass, Siachen Glacier and K2, some of which it illegally ceded to its Communist Chinese ally, and furthermore that it has denied the peoples of these areas any democratic voice.

Roman law
In June 1947, it was uniquely and brilliantly argued by BR Ambedkar in a statement to the Press that the British had made a catastrophic error in comprehending their own constitutional law, that no such thing as “Lapse” of Paramountcy existed, and that suzerainty over the “Native States” of “Indian India” would be automatically transferred in international law to the successor State of British India. It was a legal illusion to think any Native State could be sovereign even for a single logical moment. On this theory, if the Dominion of India was the sole successor State in international law while Pakistan was a new legal entity, then a Native State which acceded to Pakistan after August 15, 1947 would have had to do so with the consent of the suzerain power, namely, India, as may be said to have happened implicitly in case of Chitral and a few others. Equally, India’s behaviour in integrating (or annexing) Junagadh and Hyderabad, would become fully explicable ~ as would the statements of Mountbatten, Nehru and Patel before October 1947 that they would accept J&K going to Pakistan if that was what the Ruler and his people desired. Pakistan unilaterally and by surprise went to war against J&K on October 22, declared the accession to India “fraudulent”, and to this day has claimed the territory of the original State of J&K is “disputed”. Certainly, even if the Ambedkar doctrine is applied that no “Lapse” was possible under British law, Pakistan did not recognise India’s jurisdiction there as the suzerain power as of August 15, 1947. Altogether, Pakistan’s sovereign actions from October 22 onwards amounted to acting to annex J&K to itself by military force ~ acts which came to be militarily resisted (with partial success) by India allied with Sheikh Abdullah’s National Conference and the remaining forces of J&K. By these military actions, Pakistan revealed that it considered J&K territory to have descended into a legal state of anarchy as of October 22, 1947, and hence open to resolution by “Military Decision” ~ as is indeed the just outcome under Roman Law, the root of all municipal and international law today, when there is a contest between claimants over an ownerless entity.

Choice of nationality
Hence, the present author concluded (“Solving Kashmir”, The Statesman December 1-3, 2005) that the dismemberment of the original J&K State and annexation of its territories by India and Pakistan that has occurred since 1947, as represented first by the 1949 Ceasefire Line and then by the 1972 Line of Control, is indeed the just and lawful outcome prevailing in respect of the question of territorial sovereignty and jurisdiction. The remaining “democratic” question described has to do with free individual choice of nationality by the inhabitants, under conditions of full information and privacy, citizen-by-citizen, with the grant of permanent residency rights by the Indian Republic to persons under its jurisdiction in J&K who may choose not to remain Indian nationals but become Afghan, Iranian or Pakistani nationals instead. Pakistan has said frequently its sole concern has been the freedom of the Muslims of J&K under Indian rule, and any such genuine concern shall have been thereby fully met by India. Indeed, if Pakistan agreed to act similarly, this entire complex mortal problem of decades shall have begun to be peacefully resolved. Both countries are wracked by corruption, poverty and bad governance, and would be able to mutually draw down military forces pit against one another everywhere, so as to begin to repair the grave damage to their fiscal health caused by the deleterious draining away of vast public resources.

THREE
HISTORY OF JAMMU & KASHMIR by Subroto Roy  First published in two parts in The Sunday Statesman, Oct 29 2006 and The Statesman Oct 30 2006, Editorial Page Special Article, http://www.thestatesman.net

At the advent of Islam in distant Arabia, India and Kashmir in particular were being visited by Chinese Buddhist pilgrims during Harsha’s reign. The great “Master of Law” Hiuen Tsiang visited between 629-645 and spent 631-633 in Kashmir (”Kia-chi-mi-lo”), describing it to include Punjab, Kabul and Kandahar. Over the next dozen centuries, Buddhist, Hindu, Muslim, Sikh and again Hindu monarchs came to rule the 85 mile long 40 mile wide territory on the River Jhelum’s upper course known as Srinagar Valley, as well as its adjoining Jammu in the upper plains of the Punjab and “Little Tibet” consisting of Laddakh, Baltistan and Gilgit.

In 1344, a Persian adventurer from Swat or Khorasan by name of Amir or Mirza, who had “found his way into the Valley and in time gained great influence at the Raja’s court”, proclaimed himself Sultan Shamsuddin after the death of the last Hindu monarchs of medieval Kashmir. Twelve of his descendants formed the Shamiri dynasty including the notorious Sikander and the just and tolerant Zainulabidin. Sikander who ruled 1386-1410 “submitted himself” to the Uzbek Taimur the Lame when he approached Kashmir in 1398 “and thus saved the country from invasion”. Otherwise, “Sikander was a gloomy ferocious bigot, and his zeal in destroying temples and idols was so intense that he is remembered as the Idol-Breaker. He freely used the sword to propagate Islam and succeeded in forcing the bulk of the population to conform outwardly to the Muslim religion. Most of the Brahmins refused to apostatise, and many of them paid with their lives the penalty for their steadfastness. Many others were exiled, and only a few conformed.”

Zainulabidin who ruled 1417-1467 “was a man of very different type”. “He adopted the policy of universal toleration, recalled the exiled Brahmins, repealed the jizya or poll-tax on Hindus, and even permitted new temples to be built. He abstained from eating flesh, prohibited the slaughter of kine, and was justly venerated as a saint. He encouraged literature, painting and music, and caused many translations to be made of works composed in Sanskrit, Arabic and other languages.” During his “long and prosperous reign”, he “constructed canals and built many mosques; he was just and tolerant”.

The Shamiri dynasty ended in 1541 when “some fugitive chiefs of the two local factions of the Makri and the Chakk invited Mirza Haidar Dughlat, a relation of Babar, to invade Kashmir. The country was conquered and the Mirza held it (nominally in name of Humayan) till 1551, when he was killed in a skirmish. The line… was restored for a few years, until in 1559 a Chakk leader, Ghazi Shah, usurped the throne; and in the possession of his descendants it remained for nearly thirty years.” This dynasty marks the origins of Shia Islam in Srinagar though Shia influence in Gilgit, Baltistan and Laddakh was of longer standing. Constant dissensions weakened the Chakks, and in 1586, Akbar, then at Attock on the Indus, sent an army under Raja Bhagwan Das into Srinagar Valley and easily made it part of his Empire.

Shivaism and Islam both flourished, and Hindu ascetics and Sufi saints were revered by all. Far from Muslims and Hindus forming distinct nations, here they were genetically related kinsmen living in proximity in a small isolated area for centuries. Indeed Zainulabidin may have had a vast unspoken influence on the history of all India insofar as Akbar sought to attempt in his empire what Zainulabidin achieved in the Valley. Like Zainulabidin, Akbar’s governance of India had as its “constant aim” “to conciliate the Hindus and to repress Muslim bigotry” which in modern political parlance may be seen as the principle of secular governance ~ of conciliating the powerless (whether majority or minority) and repressing the bigotry of the powerful (whether minority or majority). Akbar had made the Valley the summer residence of the Mughals, and it was Jahangir, seeing the Valley for the first time, who apparently said the words agar behest baushad, hamee in hast, hamee in hast, hamee in hast: “if Heaven exists, it is here, it is here, it is here”. Yet like other isolated paradises (such as the idyllic islands of the Pacific Ocean) an accursed mental ether can accompany the magnificent beauty of people’s surroundings. As the historian put it: “The Kashmiris remained secure in their inaccessible Valley; but they were given up to internal weakness and discord, their political importance was gone…”

After the Mughals collapsed, Iran’s Turkish ruler Nadir Shah sacked Delhi in 1739 but the Iranian court fell in disarray upon his death. In 1747 a jirga of Pashtun tribes at Kandahar “broke normal tradition” and asked an old Punjabi holy man and shrine-keeper to choose between two leaders; this man placed young wheat in the hand of the 25 year old Ahmed Shah Saddozai of the Abdali tribe, and titled him “Durrani”. Five years later, Durrani took Kashmir and for the next 67 years the Valley was under Pashtun rule, a time of “unmitigated brutality and widespread distress”. Durrani himself “was wise, prudent and simple”, never declared himself king and wore no crown, instead keeping a stick of young wheat in his turban. Leaving India, he famously recited: “The Delhi throne is beautiful indeed, but does it compare with the mountains of Kandahar?”

Kashmir’s modern history begins with Ranjit Singh of the Sikhs who became a soldier at 12, and in 1799 at age 19 was made Lahore’s Governor by Kabul’s Zaman Shah. Three years later “he made himself master of Amritsar”, and in 1806 crossed the River Sutlej and took Ludhiana. He created a fine Sikh infantry and cavalry under former officers of Napoleon, and with 80,000 trained men and 500 guns took Multan and Peshawar, defeated the Pashtuns and overran Kashmir in 1819. The “cruel rule” of the Pashtuns ended “to the great relief of Kashmir’s inhabitants”.

The British Governor-General Minto (ancestor of the later Viceroy), seeing advantage in the Sikhs staying north of the Sutlej, sent Charles Metcalfe, “a clever young civilian”, to persuade the Khalsa; in 1809, Ranjit Singh and the British in the first Treaty of Amritsar agreed to establish “perpetual amity”: the British would “have no concern” north of the Sutlej and Ranjit Singh would keep only minor personnel south of it. In 1834 and 1838 Ranjit Singh was struck by paralysis and died in 1839, leaving no competent heir. The Sikh polity collapsed, “their power exploded, disappearing in fierce but fast flames”. It was “a period of storm and anarchy in which assassination was the rule” and the legitimate line of his son and grandson, Kharak Singh and Nao Nihal Singh was quickly extinguished. In 1845 the Queen Regent, mother of the five-year old Dalip Singh, agreed to the Khalsa ending the 1809 Treaty. After bitter battles that might have gone either way, the Khalsa lost at Sobraon on 10 February 1846, and accepted terms of surrender in the 9 March 1846 Treaty of Lahore. The kingdom had not long survived its founder: “created by the military and administrative genius of one man, it crumbled into powder when the spirit which gave it life was withdrawn; and the inheritance of the Khalsa passed into the hands of the English.”

Ranjit Singh’s influence on modern J&K was even greater through his having mentored the Rajput Gulab Singh Dogra (1792-1857) and his brothers Dhyan Singh and Suchet Singh. Jammu had been ruled by Ranjit Deo until 1780 when the Sikhs made it tributary to the Lahore Court. Gulab Singh, a great grand nephew of Ranjit Deo, had left home at age 17 in search of a soldierly fortune, and ended up in 1809 in Ranjit Singh’s army, just when Ranjit Singh had acquired for himself a free hand to expand his domains north of the River Sutlej.

Gulab Singh, an intrepid soldier, by 1820 had Jammu conferred upon him by Ranjit Singh with the title of Raja, while Bhimber, Chibal, Poonch and Ramnagar went to his brothers. Gulab Singh, “often unscrupulous and cruel, was a man of considerable ability and efficiency”; he “found his small kingdom a troublesome charge but after ten years of constant struggles he and his two brothers became masters of most of the country between Kashmir and the Punjab”, though Srinagar Valley itself remained under a separate Governor appointed by the Lahore Court. Gulab Singh extended Jammu’s rule from Rawalpindi, Bhimber, Rajouri, Bhadarwah and Kishtwar, across Laddakh and into Tibet. His General Zorawar Singh led six expeditions into Laddakh between 1834 and 1841 through Kishtwar, Padar and Zanskar. In May 1841, Zorawar left Leh with an army of 5000 Dogras and Laddakhis and advanced on Tibet. Defeating the Tibetans at Rudok and Tashigong, he reached Minsar near Lake Mansarovar from where he advanced to Taklakot (Purang), 15 miles from the borders of Nepal and Kumaon, and built a fort stopping for the winter. Lhasa sent large re-inforcements to meet him. Zorawar, deciding to take the offensive, was killed in the Battle of Toyu, on 11-12 December 1841 at 16,000 feet.

A Laddakhi rebellion resulted against Jammu, aided now by the advancing Tibetans. A new army was sent under Hari Chand suppressing the rebellion and throwing back the Tibetans, leading to a peace treaty between Lhasa and Jammu signed on 17 September 1842: “We have agreed that we have no ill-feelings because of the past war. The two kings will henceforth remain friends forever. The relationship between Maharajah Gulab Singh of Kashmir and the Lama Guru of Lhasa (Dalai Lama) is now established. The Maharajah Sahib, with God (Kunchok) as his witness, promises to recognise ancient boundaries, which should be looked after by each side without resorting to warfare. When the descendants of the early kings, who fled from Laddakh to Tibet, now return they will not be stopped by Shri Maharajah. Trade between Laddakh and Tibet will continue as usual. Tibetan government traders coming into Laddakh will receive free transport and accommodations as before, and the Laddakhi envoy will, in turn, receive the same facilities in Lhasa. The Laddakhis take an oath before God (Kunchok) that they will not intrigue or create new troubles in Tibetan territory. We have agreed, with God as witness, that Shri Maharajah Sahib and the Lama Guru of Lhasa will live together as members of the same household.” The traditional boundary between Laddakh and Tibet “as recognised by both sides since olden times” was accepted by the envoys of Gulab Singh and the Dalai Lama.

An earlier 1684 treaty between Laddakh and Lhasa had said that while Laddakh would send tribute to Lhasa every three years, “the king of Laddakh reserves to himself the village of Minsar in Ngarees-khor-sum, that he may be independent there; and he sets aside its revenue for the purpose of meeting the expense involved in keeping up the sacrificial lights at Kangree (Kailas), and the Holy Lakes of Mansarovar and Rakas Tal”. The area around Minsar village near Lake Mansarovar, held by the rulers of Laddakh since 1583, was retained by Jammu in the 1842 peace-treaty, and its revenue was received by J&K State until 1948.

After Ranjit Singh’s death in 1839, Gulab Singh was alienated from the Lahore Court where the rise of his brothers and a nephew aroused enough Khalsa jealousy to see them assassinated in palace intrigues. While the Sikhs imploded, Gulab Singh had expanded his own dominion from Rawalpindi to Minsar ~ everywhere except Srinagar Valley itself. He had apparently advised the Sikhs not to attack the British in breach of the 1809 Treaty, and when they did so he had not joined them, though had he done so British power in North India might have been broken. The British were grateful for his neutrality and also his help in their first misbegotten adventure in Afghanistan. It was Gulab Singh who was now encouraged by both the British and the Sikhs to mediate between them, indeed “to take a leading part in arranging conditions of peace”, and he formally represented the Sikh regency in the negotiations. The 9 March 1846 Treaty of Lahore “set forth that the British Government having demanded in addition to a certain assignment of territory, a payment of a crore and a half of rupees, and the Sikh Government being unable to pay the whole”, Dalip Singh “should cede as equivalent to one crore the hill country belonging to the Punjab between the Beas and the Indus including Kashmir and the Hazara”.

For the British to occupy the whole of this mountainous territory was judged unwise on economic and military grounds; it was not feasible to occupy from a military standpoint and the area “with the exception of the small Valley of Kashmir” was “for the most part unproductive”. “On the other hand, the ceded tracts comprised the whole of the hereditary possessions of Gulab Singh, who, being eager to obtain an indefeasible title to them, came forward and offered to pay the war indemnity on condition that he was made the independent ruler of Jammu & Kashmir.

A separate treaty embodying this arrangement was thus concluded between the British and Gulab Singh at Amritsar on 16 March 1846.” Gulab Singh acknowledged the British Government’s supremacy, and in token of it agreed to present annually to the British Government “one horse, twelve shawl goats of approved breed and three pairs of Kashmir shawls. This arrangement was later altered; the annual presentation made by the Kashmir State was confined to two Kashmir shawls and three romals (handkerchiefs).” The Treaty of Amritsar “put Gulab Singh, as Maharaja, in possession of all the hill country between the Indus and the Ravi, including Kashmir, Jammu, Laddakh and Gilgit; but excluding Lahoul, Kulu and some areas including Chamba which for strategic purposes, it was considered advisable (by the British) to retain and for which a remission of Rs 25 lakhs was made from the crore demanded, leaving Rs 75 lakhs as the final amount to be paid by Gulab Singh.” The British retained Hazara which in 1918 was included into NWFP. Through an intrigue emanating from Prime Minister Lal Singh in Lahore, Imamuddin, the last Sikh-appointed Governor of Kashmir, sought to prevent Gulab Singh taking possession of the Valley in accordance with the Treaty’s terms. By December 1846 Gulab Singh had done so, though only with help of a British force which included 17,000 Sikh troops “who had been fighting in the campaign just concluded”. (Contemporary British opinion even predicted Sikhism like Buddhism “would become extinct in a short time if it were not kept alive by the esprit de corps of the Sikh regiments”.)

The British in 1846 may have been glad enough to allow Gulab Singh take independent charge of the new entity that came to be now known as the “State of Jammu & Kashmir”. Later, however. they and their American allies would grow keen to control or influence the region vis-à-vis their new interests against the Russian and Soviet Empires.

FOUR
PAKISTAN’S ALLIES  by Subroto Roy  First published in two parts in The Sunday Statesman, June 4 2006, The Statesman June 5 2006, Editorial Page Special Article, http://www.thestatesman.net

From the 1846 Treaty of Amritsar creating the State of Jammu & Kashmir until the collapse of the USSR in 1991, Britain and later the USA became increasingly interested in the subcontinent’s Northwest. The British came to India by sea to trade. Barren, splendid, landlocked Afghanistan held no interest except as a home of fierce tribes; but it was the source of invasions into the Indian plains and prompted a British misadventure to install Shah Shuja in place of Dost Mohammad Khan leading to ignominious defeat. Later, Afghanistan was seen as the underbelly of the Russian and Soviet empires, and hence a location of interest to British and American strategic causes.

In November 1954, US President Dwight Eisenhower authorized 30 U-2 spy aircraft to be produced for deployment against America’s perceived enemies, especially to investigate Soviet nuclear missiles which could reach the USA. Reconnaissance balloons had been unsuccessful, and numerous Western pilots had been shot down taking photographs from ordinary military aircraft. By June 1956, U-2 were making clandestine flights over the USSR and China. But on May 1 1960, one was shot or forced down over Sverdlovsk, 1,000 miles within Soviet territory. The Americans prevaricated that it had taken off from Turkey on a weather-mission, and been lost due to oxygen problems. Nikita Kruschev then produced the pilot, Francis Gary Powers, who was convicted of spying, though was exchanged later for a Soviet spy. Powers had been headed towards Norway, his task to photograph Soviet missiles from 70,000 ft, his point of origin had been an American base 20 miles from Peshawar.

America needed clandestine “forward bases” from which to fly U-2 aircraft, and Pakistan’s ingratiating military and diplomatic establishment was more than willing to offer such cooperation, fervently wishing to be seen as a “frontline state” against the USSR. “We will help you defeat the USSR and we are hopeful you will help us defeat India” became their constant refrain. By 1986, the Americans had been permitted to build air-bases in Balochistan and also use Mauripur air-base near Karachi.

Jammu & Kashmir and especially Gilgit-Baltistan adjoins the Pashtun regions whose capital has been Peshawar. In August-November 1947, a British coup d’etat against J&K State secured Gilgit-Baltistan for the new British Dominion of Pakistan.

The Treaty of Amritsar had nowhere required Gulab Singh’s dynasty to accept British political control in J&K as came to be exercised by British “Residents” in all other Indian “Native States”. Despite this, Delhi throughout the late 19th Century relentlessly pressed Gulab Singh’s successors Ranbir Singh and Partab Singh to accept political control. The Dogras acquiesced eventually. Delhi’s desire for control had less to do with the welfare of J&K’s people than with protection of increasing British interests in the area, like European migration to Srinagar Valley and guarding against Russian or German moves in Afghanistan. “Sargin” or “Sargin Gilit”, later corrupted by the Sikhs and Dogras into “Gilgit”, had an ancient people who spoke an archaic Dardic language “intermediate between the Iranian and the Sanskritic”. “The Dards were located by Ptolemy with surprising accuracy on the West of the Upper Indus, beyond the headwaters of the Swat River (Greek: Soastus) and north of the Gandarae (i.e. Kandahar), who occupied Peshawar and the country north of it. This region was traversed by two Chinese pilgrims, Fa-Hsien, coming from the north about AD 400 and Hsuan Tsiang, ascending from Swat in AD 629, and both left records of their journeys.”

Gilgit had been historically ruled by a Hindu dynasty called Trakane; when they became extinct, Gilgit Valley “was desolated by successive invasions of neighbouring rulers, and in the 20 or 30 years ending with 1842 there had been five dynastic revolutions. The Sikhs entered Gilgit about 1842 and kept a garrison there.” When J&K came under Gulab Singh, “the Gilgit claims were transferred with it, and a boundary commission was sent” by the British. In 1852 the Dogras were driven out with 2,000 dead. In 1860 under Ranbir Singh, the Dogras “returned to Gilgit and took Yasin twice, but did not hold it. They also in 1866 invaded Darel, one of the most secluded Dard states, to the south of the Gilgit basin but withdrew again.”

The British appointed a Political Agent in Gilgit in 1877 but he was withdrawn in 1881. “In 1889, in order to guard against the advance of Russia, the British Government, acting as the suzerain power of Kashmir, established the Gilgit Agency”. The Agency was re-established under control of the British Resident in Jammu & Kashmir. “It comprised the Gilgit Wazarat; the State of Hunza and Nagar; the Punial Jagir; the Governorships of Yasin, Kuh-Ghizr and Ishkoman, and Chilas”. In 1935, the British demanded J&K lease to them for 60 years Gilgit town plus most of the Gilgit Agency and the hill-states Hunza, Nagar, Yasin and Ishkuman. Hari Singh had no choice but to acquiesce. The leased region was then treated as part of British India, administered by a Political Agent at Gilgit responsible to Delhi, first through the Resident in J& K and later a British Agent in Peshawar. J& K State no longer kept troops in Gilgit and a mercenary force, the Gilgit Scouts, was recruited with British officers and paid for by Delhi. In April 1947, Delhi decided to formally retrocede the leased areas to Hari Singh’s J& K State as of 15 August 1947. The transfer was to formally take place on 1 August.

On 31 July, Hari Singh’s Governor arrived to find “all the officers of the British Government had opted for service in Pakistan”. The Gilgit Scouts’ commander, a Major William Brown aged 25, and his adjutant, a Captain Mathieson, planned openly to engineer a coup détat against Hari Singh’s Government. Between August and October, Gilgit was in uneasy calm. At midnight on 31 October 1947, the Governor was surrounded by the Scouts and the next day he was “arrested” and a provisional government declared.

Hari Singh’s nearest forces were at Bunji, 34 miles from Gilgit, a few miles downstream from where the Indus is joined by Gilgit River. The 6th J& K Infantry Battalion there was a mixed Sikh-Muslim unit, typical of the State’s Army, commanded by a Lt Col. Majid Khan. Bunji controlled the road to Srinagar. Further upstream was Skardu, capital of Baltistan, part of Laddakh District where there was a small garrison. Following Brown’s coup in Gilgit, Muslim soldiers of the 6th Infantry massacred their Sikh brothers-at-arms at Bunji. The few Sikhs who survived escaped to the hills and from there found their way to the garrison at Skardu.

On 4 November 1947, Brown raised the new Pakistani flag in the Scouts’ lines, and by the third week of November a Political Agent from Pakistan had established himself at Gilgit. Brown had engineered Gilgit and its adjoining states to first secede from J&K, and, after some talk of being independent, had promptly acceded to Pakistan. His commander in Peshawar, a Col. Bacon, as well as Col. Iskander Mirza, Defence Secretary in the new Pakistan and later to lead the first military coup détat and become President of Pakistan, were pleased enough. In July 1948, Brown was awarded an MBE (Military) and the British Governor of the NWFP got him a civilian job with ICI~ which however sent him to Calcutta, where he came to be attacked and left for dead on the streets by Sikhs avenging the Bunji massacre. Brown survived, returned to England, started a riding school, and died in 1984. In March 1994, Pakistan awarded his widow the Sitara-I-Pakistan in recognition of his coup détat.

Gilgit’s ordinary people had not participated in Brown’s coup which carried their fortunes into the new Pakistan, and to this day appear to remain without legislative representation. It was merely assumed that since they were mostly Muslim in number they would wish to be part of Pakistan ~ which also became Liaquat Ali Khan’s assumption about J&K State as a whole in his 1950 statements in North America. What the Gilgit case demonstrates is that J&K State’s descent into a legal condition of ownerless anarchy open to “Military Decision” had begun even before the Pakistani invasion of 22 October 1947 (viz. “Solving Kashmir”, The Statesman, 1-3 December 2005). Also, whatever else the British said or did with respect to J & K, they were closely allied to the new Pakistan on the matter of Gilgit.

The peak of Pakistan’s Anglo-American alliance came with the enormous support in the 1980s to guerrilla forces created and headquartered in Peshawar, to battle the USSR and Afghan communists directly across the Durand Line. It was this guerrilla war which became a proximate cause of the collapse of the USSR as a political entity in 1991. President Ronald Reagan’s CIA chief William J. Casey sent vast sums in 1985-1988 to supply and train these guerrillas. The Washington Post and New Yorker reported the CIA training guerrillas “in the use of mortars, rocket grenades, ground-to-air missiles”. 200 hand-held Stinger missiles were supplied for the first time in 1986 and the New Yorker reported Gulbudin Hikmatyar’s “Hizbe Islami” guerrillas being trained to bring down Soviet aircraft. “Mujahideen had been promised two Stingers for every Soviet aircraft brought down. Operators who failed to aim correctly were given additional training… By 1986, the United States was so deeply involved in the Afghan war that Soviet aircraft were being brought down under the supervision of American experts”. (Raja Anwar, The Tragedy of Afghanistan, 1988, p. 234).

The budding US-China détente brokered by Pakistan came into full bloom here. NBC News on 7 January 1980 said “for the first time in history (a senior State Department official) publicly admitted the possibility of concluding a military alliance between the United States and China”. London’s Daily Telegraph reported on 5 January 1980 “China is flying large supplies of arms and ammunition to the insurgents in Afghanistan. According to diplomatic reports, supplies have arrived in Pakistan from China via the Karakoram Highway…. A major build-up of Chinese involvement is underway ~ in the past few days. Scores of Chinese instructors have arrived at the Shola-e-Javed camps.”

Afghan reports in 1983-1985 said “there were eight training camps near the Afghan border operated by the Chinese in Sinkiang province” and that China had supplied the guerrillas “with a variety of weapons including 40,000 RPG-7 and 20,000 RPG-II anti tank rocket launchers.” Like Pakistan, “China did not publicly admit its involvement in the Afghan conflict: in 1985 the Chinese Mission at the UN distributed a letter denying that China was extending any kind of help to the Afghan rebels” (Anwar, ibid. p. 234). Support extended deep and wide across the Arab world. “The Saudi and Gulf rulers … became the financial patrons of the Afghan rebels from the very start of the conflict”. Anwar Sadat, having won the Nobel Peace Prize, was “keen to claim credit for his role in Afghanistan…. by joining the Afghanistan jihad, Sadat could re-establish his Islamic credentials, or so he believed. He could thus not only please the Muslim nations but also place the USA and Israel in his debt.” Sadat’s Defence Minister said in January 1980: “Army camps have been opened for the training of Afghan rebels; they are being supplied with weapons from Egypt” and Sadat told NBC News on 22 September 1981 “that for the last twenty-one months, the USA had been buying arms from Egypt for the Afghan rebels. He said he had been approached by the USA in December 1979 and he had decided to `open my stores’. He further disclosed that these arms were being flown to Pakistan from Egypt by American aircraft. Egypt had vast supplies of SAM-7 and RPG-7 anti-aircraft and anti-tank weapons which Sadat agreed to supply to Afghanistan in exchange for new American arms. The Soviet weapons, being light, were ideally suited to guerrilla warfare. … the Mujahideen could easily claim to have captured them from Soviet and Afghan troops in battle.… Khomeini’s Iran got embroiled in war (against Iraq) otherwise Kabul would also have had to contend with the full might of the Islamic revolutionaries.” (Anwar ibid. p. 235).

Afghanistan had been occupied on 26-27 December 1979 by Soviet forces sent by the decrepit Leonid Brezhnev and Yuri Andropov to carry out a putsch replacing one communist, Hafizullah Amin, with a rival communist and Soviet protégé, Babrak Karmal. By 1985 Brezhnev and Andropov were dead and Mikhail Sergeyevich Gorbachev had begun his attempts to reform the Soviet system, usher in openness, end the Cold War and in particular withdraw from Afghanistan, which by 1986 he had termed “a bleeding wound”. Gorbachev replaced Karmal with a new protégé Najibullah Khan, who was assigned the impossible task of bringing about national reconciliation with the Pakistan-based guerrillas and form a national government. Soviet forces withdrew from Afghanistan in February 1989 having lost 14,500 dead, while more than a million Afghans had been killed since the invasion a decade earlier.

Not long after Russia’s Bolshevik Revolution, Gregory Zinoviev had said that international communism “turns today to the peoples of the East and says to them, `Brothers, we summon you to a Holy War first of all against British imperialism!’ At this there were cries of Jehad! Jehad! And much brandishing of picturesque Oriental weapons.” (Treadgold, Twentieth Century Russia, 1990, p. 213). Now instead, the Afghan misadventure had contributed to the collapse of the Soviet Empire itself, the USSR ceasing to be a political entity by 1991, and even Gorbachev being displaced by Boris Yeltsin and later Vladimir Putin in a new Russia.

What resulted for the people of the USA and Britain and the West in general was that they no longer had to live under threat of hostile Soviet tanks and missiles, while the people of Russia, Ukraine and the other erstwhile Soviet republics as well as Eastern Europe were able to throw off the yoke of communism that had oppressed them since the Bolshevik Revolution and instead to breathe the air of freedom.

What happened to the people of Afghanistan, however, was that they were plunged into further ghastly civil war for more than ten years. And what happened to the people of Pakistan was that their country was left resembling a gigantic Islamist military camp, awash with airfields, arms, ammunition and trained guerrillas, as well as a military establishment enlivened as always by perpetual hope that these supplies, provisions and personnel of war might find alternative use in attacks against India over J& K. “We helped you when you wished to see the Soviet Union defeated and withdrawing in Afghanistan”, Pakistan’s generals and diplomats pleaded with the Americans and British, “now you must help us in our wish to see India defeated and withdrawing in Kashmir”. Pakistan’s leaders even believed that just as the Soviet Union had disintegrated afterwards, the Indian Union perhaps might be made to do the same. Not only were the two cases as different as chalk from cheese, Palmerstone’s dictum there are no permanent allies in the politics of nations could not have found more apt use than in what actually came to take place next.

Pakistan’s generals and diplomats felt betrayed by the loss of Anglo-American paternalism towards them after 1989.

Modern Pakistanis had never felt they subscribed to the Indian nationalist movement culminating in independence in August 1947. The Pakistani state now finally declared its independence in the world by exploding bombs in a nuclear arsenal secretly created with help purchased from China and North Korea. Pakistan’s leaders thus came to feel in some control of Pakistan’s destiny as a nation-state for the first time, more than fifty years after Pakistan’s formal creation in 1947. If nothing else, at least they had the Bomb.

Secondly, America and its allies would not be safe for long since the civil war they had left behind in Afghanistan while trying to defeat the USSR now became a brew from which arose a new threat of violent Islamism. Osama bin Laden and the Taliban, whom Pakistan’s military and the USA had promoted, now encouraged unprecedented attacks on the American mainland on September 11 2001 ~ causing physical and psychological damage which no Soviet, Chinese or Cuban missiles ever had been allowed to do. In response, America attacked and removed the Taliban regime in Afghanistan, once again receiving the cooperative use of Pakistani manpower and real estate ~ except now there was no longer any truck with the Pakistani establishment’s wish for a quid pro quo of Anglo-American support against India on J&K. Pakistan’s generals and diplomats soon realised their Anglo-American alliance of more than a half-century ended on September 11 2001. Their new cooperation was in killing or arresting and handing over fellow-Muslims and necessarily lacked their earlier feelings of subservience and ingratiation towards the Americans and British, and came to be done instead under at least some duress. No benefit could be reaped any more in the fight against India over Jammu & Kashmir. An era had ended in the subcontinent.

FIVE

“AN INDIAN REPLY TO PRESIDENT ZARDARI: REWARDING PAKISTAN FOR BAD BEHAVIOUR LEADS  TO SCHIZOPHRENIC RELATIONSHIPS”  by Subroto Roy, December 17 2008

Pakistan President Asif Ali Zardari’s recent argument in the New York Times resembles closely the well-known publications of his ambassador to the United States, Mr Husain Haqqani.  Unfortunately, this Zardari-Haqqani thesis about Pakistan’s current predicament in the world and the world’s predicament with Pakistan is shot through with clear factual and logical errors. These  need to be aired because true or useful conclusions cannot be reached from mistaken premises or faulty reasoning.

1.  Origins of Pakistan, India, J&K, and their mutual problems

Mr Zardari makes the following seemingly innocuous statement:

“…. the two great nations of Pakistan and India, born together from the same revolution and mandate in 1947, must continue to move forward with the peace process.”

Now as a matter of simple historical fact, the current entities in the world system known as India and Pakistan were not “born together from the same revolution and mandate in 1947”.  It is palpably false to suppose they were and Pakistanis indulge in wishful thinking and self-deception about their own political history if they suppose this.

India’s Republic arose out of the British Dominion known as “India” which was the legal successor of the entity known previously in international law as “British India”.  British India had had secular governance and so has had the Indian Republic.

By contrast, the Islamic Republic of Pakistan arose out of a newly created state in international law known as the British Dominion of Pakistan, consisting of designated territory carved out of British India by a British decision and coming into existence one day before British India extinguished itself. (Another new state, Bangladesh, later seceded from Pakistan.)

The British decision to create territory designated “Pakistan” had nothing to do with any anti-British “revolution” or “mandate” supported by any Pakistani nationalism because there was none.  (Rahmat Ali’s anti-Hindu pamphleteering in London could be hardly considered Pakistani nationalism against British rule.  Khan Abdul Ghaffar Khan’s Pashtun patriots saw themselves as Indian, not Pakistani.)

To the contrary, the British decision had to do with a small number of elite Pakistanis — MA Jinnah foremost among them — demanding not to be part of the general Indian nationalist movement that had been demanding a British departure from power in the subcontinent.   Jinnah’s separatist party, the Muslim League, was trounced in the 1937 provincial elections in all the Muslim-majority areas of British India that would eventually become Pakistan.  Despite this, in September 1939, Britain, at war with Nazi Germany, chose to elevate the political power of Jinnah and his League to parity with the general Indian nationalist movement led by MK Gandhi.  (See, Francis Robinson, in William James and Subroto Roy (eds), Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s.)  Britain needed India’s mostly Muslim infantry-divisions — the progenitors of the present-day Pakistan Army — and if that meant tilting towards a risky political idea of “Pakistan” in due course, so it would be.  The thesis that Pakistan arose from any kind of “revolution” or “mandate” in 1947 is  fantasy — the Muslim super-elite that invented and endorsed the Pakistan idea flew from Delhi to Karachi in chartered BOAC Dakotas, caring not a hoot about the vulnerability of ordinary Muslim masses to Sikh and Hindu majority wrath and retaliation on the ground.

Modern India succeeded to the rights and obligations of British India in international law, and has had a recognized existence as a state since at least the signing of the Armistice and Treaty of Versailles in 1918-1919.  India was a founding member of the United Nations, being a signatory of the 1945 San Francisco Declaration, and an original member of the Bretton Woods institutions.  An idea put forward by Argentina that as of 1947 India and Pakistan were both successor states of British India was rejected by the UN (Argentina withdrew its own suggestion), and it was universally acknowledged India was already a member of the UN while Pakistan would have to (and did) apply afresh for membership as a newly created state in the UN.  Pakistan’s entry into the UN had the enthusiastic backing of India and was opposed by only one existing UN member, Afghanistan, due to a conflict that continues to this day over the legitimacy of the Durand Line that bifurcated the Pashtun areas.

Such a review of elementary historical facts and the position in law of Pakistan and India is far from being of merely pedantic interest today.  Rather, it goes directly to the logical roots of the conflict over the erstwhile State of Jammu and Kashmir (J&K) — a state that itself originated as an entity in the world system a full century before Pakistan was to do so and more than half a century before British India did, but which would collapse into anarchy and civil war in 1947-1949.

Britain (or England) had been a major nation-state in the world system recognized since Grotius first outlined modern international law. On March 16 1846, Britain entered into a treaty, the Treaty of Amritsar, with one Gulab Singh, and the “State of Jammu & Kashmir” came to arise as a recognizable entity in international law for the first time. (See my “History of Jammu and Kashmir” published in The Statesman, Oct 29-30 2006, available elsewhere here.)

Jammu & Kashmir continued in orderly existence as a state until it crashed into legal and political anarchy and civil war a century later.  The new Pakistan had entered into a “Standstill Agreement” with the State of Jammu & Kashmir as of August 15 1947. On or about October 22 1947, Pakistan unilaterally ended that Standstill Agreement and instead caused military forces from its territory to attack the State of Jammu & Kashmir along the Mansehra Road towards Baramula and Srinagar, coinciding too with an Anglo-Pakistani coup d’etat in Gilgit and Baltistan (see my “Solving Kashmir”; “Law, Justice & J&K”; “Pakistan’s Allies”, all published in The Statesman in 2005-2006 and available elsewhere here).

The new Pakistan had chosen, in all deliberation, to forswear law, politics and diplomacy and to resort to force of arms instead in trying to acquire J&K for itself via a military decision.  It succeeded only partially.  Its forces took and then lost both Baramula and Kargil; they may have threatened Leh but did not attempt to take it; they did take and retain Muzaffarabad and Skardu; they were never near taking the summer capital, Srinagar, though might have threatened the winter capital, Jammu.

All in all, a Ceasefire Line came to be demarcated on the military positions as of February 1 1949.  After a war in 1971 that accompanied the secession of Bangladesh from Pakistan, that Ceasefire Line came to be renamed the “Line of Control” between Pakistan and India. An ownerless entity may be acquired by force of arms — the erstwhile State of Jammu & Kashmir in 1947-1949 had become an ownerless entity that had been dismembered and divided according to military decision following an armed conflict between Pakistan and India.  The entity in the world system known as the “State of Jammu & Kashmir” created on March 16 1846 by Gulab Singh’s treaty with the British ceased to exist as of October 22 1947.  Pakistan had started the fight over J&K but there is a general rule of conflicts that he who starts  a fight does not get to finish it.

Such is the simplest and most practical statement of the history of the current problem.  The British, through their own compulsions and imperial pretensions, raised all the talk about a “Lapse of Paramountcy” of the British Crown over the “Native Princes” of “Indian India”, and of how, the “Native Princes” were required to “accede” to either India or Pakistan.  This ignored Britain’s own constitutional law.  BR Ambedkar pointed out with unsurpassed clarity that no “Lapse of Paramountcy” was possible even for a single logical moment since “Paramountcy” over any “Native Princes” who had not joined India or Pakistan as of August 15 1947, automatically passed from British India to its legal successor, namely, the Dominion of India.   It followed that India’s acquiescence was required for any subsequent accession to Pakistan – an acquiescence granted in case of Chitral and denied in case of Junagadh.

What the Republic of India means by saying today that boundaries cannot be redrawn nor any populations forcibly transferred is quite simply that the division of erstwhile J&K territory is permanent, and that sovereignty over it is indivisible. What Pakistan has claimed is that India has been an occupier and that there are many people inhabiting the Indian area who may not wish to be Indian nationals and who are being compelled against their will to remain so ~  forgetting to add that precisely the same could be said likewise of the Pakistani-held area. The lawful solution I proposed in “Solving Kashmir, “Law, Justice and J&K” and other works has been that the Republic of India invite every person covered under its Article 370, citizen-by-citizen, under a condition of full information, to privately and without fear decide, if he/she has not done so already, between possible Indian, Iranian, Afghan or Pakistani nationalities ~ granting rights and obligations of permanent residents to any of those persons who may choose for whatever private reason not to remain Indian nationals. If Pakistan acted likewise, the problem of J&K would indeed come to be resolved. The Americans, as self-appointed mediators, have said they wish “the people of the region to have a voice” in a solution: there can be no better expression of such voice than allowing individuals to privately choose their own nationalities and their rights and responsibilities accordingly. The issue of territorial sovereignty is logically distinct from that of the choice of nationality by individual inhabitants.

2.  Benazir’s assassination falsely compared to the Mumbai massacres
Secondly, President Zardari draws a mistaken comparison between the assassination last year of his wife, Benazir Bhutto, and the Mumbai massacres a few weeks ago.  Ms Bhutto’s assassination may resemble more closely the assassinations in India of Indira Gandhi in 1984 and Rajiv Gandhi in 1991.

Indira Gandhi died in “blowback” from the unrest she and her younger son and others in their party had opportunistically fomented among Sikh fundamentalists and sectarians since the late 1970s.  Rajiv Gandhi died in “blowback” from an erroneous imperialistic foreign policy that he, as Prime Minister, had been induced to make by jingoistic Indian diplomats, a move that got India’s military needlessly involved in the then-nascent Sri Lankan civil war.  Benazir Bhutto similarly may be seen to have died in “blowback” from her own political activity as prime minister and opposition leader since the late 1980s, including her own encouragement of Muslim fundamentalist forces.  Certainly in all three cases, as in all assassinations, there were lapses of security too and imprudent political judgments made that contributed to the tragic outcomes.

Ms Bhutto’s assassination has next to nothing to do with the Mumbai massacres, besides the fact the perpetrators in both cases were Pakistani terrorists.  President Zardari saying he himself has lost his wife to terrorism is true but not relevant to the proper diagnosis of the Mumbai massacres or to Pakistan-India relations in general.  Rather, it  serves to deflect criticism and condemnation of the Pakistani state’s pampered handing of Pakistan’s terrorist masterminds, as well as the gross irresponsibility of Pakistan’s military scientists (not AQ Khan) who have been recently advocating a nuclear first strike against India in the event of war.

3.  Can any religious nation-state be viable in the modern world?

President Zardari’s article says:

“The world worked to exploit religion against the Soviet Union in Afghanistan by empowering the most fanatic extremists as an instrument of destruction of a superpower. The strategy worked, but its legacy was the creation of an extremist militia with its own dynamic.”

This may be overly simplistic.  As pointed out in my article “Pakistan’s Allies”,  Gregory Zinoviev himself  after the Bolshevik Revolution had declared that international communism “turns today to the peoples of the East and says to them, ‘Brothers, we summon you to a Holy War first of all against British imperialism!’ At this there were cries of Jehad! Jehad! And much brandishing of picturesque Oriental weapons.” (Treadgold, Twentieth Century Russia, 1990, p. 213).   For more than half of the 20th century, orthodox Muslims had been used by Soviet communists against British imperialism, then by the British and Americans (through Pakistan) against Soviet communism.  Touché! Blowback and counter-blowback!  The real question that arises from this today may be why orthodox Muslims have allowed themselves to be used either way by outside forces and have failed in developing a modern nation-state and political culture of their own.  Europe and America only settled down politically after their religious wars were over.  Perhaps no religious nation-state is viable in the modern world.

4.  Pakistan’s behaviour leads to schizophrenia in international relations

President Zardari pleads for, or perhaps demands, resources from the world:

“the best response to the Mumbai carnage is to coordinate in counteracting the scourge of terrorism. The world must act to strengthen Pakistan’s economy and democracy, help us build civil society and provide us with the law enforcement and counterterrorism capacities that will enable us to fight the terrorists effectively.”

Six million pounds from Mr Gordon Brown, so much from here or there etc –  President Zardari has apparently demanded 100 billion dollars from America and that is the price being talked about for Pakistan to dismantle its nuclear weapons and be brought under an American “nuclear umbrella” instead.

I have pointed out elsewhere that what Pakistan seems to have been doing in international relations for decades is send out “mixed messages” – i.e. contradictory signals,  whether in thought, word or deed.  Clinical psychologists following the work of Gregory Bateson would say this leads to confusion among Pakistan’s interlocutors (a “double bind”) and the symptoms arise of what may be found in schizophrenic relationships.  (See my article “Do President-elect Obama’s Pakistan specialists believe…”; on the “double bind” theory,  an article I chanced to publish in the Journal of Genetic Psychology, 1986, may be of interest).

Here are a typical set of “mixed messages” emanating from Pakistan’s government and opinion-makers:

“We have nuclear weapons
“We keep our nuclear weapons safe from any misuse or unauthorized use
“We are willing to use nuclear weapons in a first strike against India
“We do not comprehend the lessons of Hiroshima-Nagasaki
“We do not comprehend the destruction India will visit upon us if we strike them
“We are dangerous so we must not be threatened in any way
“We are peace-loving and want to live in peace with India and Afghanistan
“We love to play cricket with India and watch Bollywood movies
“We love our Pakistan Army as it is one public institution that works
“We know the Pakistan Army has backed armed militias against India in the past
“We know these militias have caused terrorist attacks
“We are not responsible for any terrorist attacks
“We do not harbour any terrorists
“We believe the world should pay us to not use or sell our nuclear weapons
“We believe the world should pay us to not encourage the terrorists in our country
“We believe the world should pay us to prevent terrorists from using our nuclear weapons
“We hate India and do not want to become like India
“We love India and want to become like India
“We are India and we are not India…”

Etc.

A mature rational responsible and self-confident Pakistan would have said instead:

“We apologise to India and other countries for the outrageous murders our nationals have committed in Mumbai and elsewhere
“We ask the world to watch how our professional army is deployed to disarm civilian and all “non-state” actors of unauthorized firearms and explosives
“We do not need and will not demand or accept a dollar in any sort of foreign aid, military or civilian, to solve our problems
“We realize our economic and political institutions are a mess and we must clean them up
“We will strive to build a society imbued with what Iqbal described as the spirit of modern times..”

As someone who created at great personal cost at an American university twenty years ago the book Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s, I have a special interest in hoping that Pakistan shall find the path of wisdom.”

 

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Transparency & history: India’s archives must be opened to world standards

Transparency & history: India’s archives must be opened to world standards
by Claude Arpi & Subroto Roy
First published in Business Standard New Delhi December 31, 2008, 0:26 IST

The Government of India continues to hide India’s history from India’s people using specious excuses. An example is the Henderson-Brook report on the 1962 war, a single copy of which is said to exist locked away in the Defence Ministry. An anti-Indian author like Neville Maxwell is among the few ever given access to it; he has reiterated his factually incorrect theory (accepted by Henry Kissinger and Zhou Enlai and the US and Chinese establishments since) that the 1962 war was due to Nehru’s aggressive policy and China had no choice but launch a “pre-emptive attack”.

In Parliament not long ago, Defence Minister A K Antony said: “Considering the sensitivity of information contained in the report and its security implications, the report has not been recommended to be declassified in the National Security interest.” This is nonsense. Nothing from as far back as 1962 can possibly affect anything significant to India’s security today. In any case the Defence Ministry’s official history of the 1962 war, though officially unpublished, is openly available.

Even the 2005 Right to Information Act goes against transparency of research into India’s history. Article 8 (1) (a) says, “there shall be no obligation to give any citizen,— (a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence.” This can cover all files of the MEA, Defence and Home; there seems to be no right to academic freedom for India’s people to research their own history.

China itself is more open with its archives. Since 2004, the Foreign Ministry in Beijing has begun a systematic process declassifying more than 40,000 items from its diplomatic records for the period 1949-1960. The Cold War International History Project at the Woodrow Wilson International Center in Washington DC has recently published Inside China’s Cold War; the Project Director admits this has been possible due to China’s “archival thaw”.

In the USA, official documents are made available after 30 years or when a reasonable demand is made under the Freedom of Information Act. Numerous groups exist whose only work is to make sure the law is followed. The recently released Foreign Relations of the United States, Volume XVIII, China (1973-1976) published by the American foreign ministry reveals several interesting aspects of the India-USA-China relationship. Last year the National Archives and Records Administration (NARA) posted some 320,000 declassified cables on-line. The text of once-secret diplomatic cables indexed is today retrievable from the NARA Website. It also includes withdrawal cards for documents still classified, so these can be requested under the Freedom of Information Act. Out of 119,356 documents for 1973 and 200,508 for 1974, some 7,484 were related to India. Indians scholars today have to rely on US documents for their own history!

In an open society, the ordinary citizen has reasonably easy access to any and all information relating to the public or social interest— whether the information is directly available to the citizen himself/herself, or is indirectly available to his/her elected representatives like MPs and MLAs. Different citizens will respond to the same factual information in different ways, and conflict and debate about the common good will result. But that would be part of the democratic process. In an open society, both good news and bad news is out there in the pubic domain— to be assessed, debated, rejoiced over, or wept about. Citizens are mature enough to cope with both— the experience causes a process of social maturation in formulating the common good as well as responses to problems or crises the community may face. People improve their civic capacities, becoming better-informed and more discerning voters and decision-makers, and so becoming better citizens.

The opposite of an open society is a closed society— in which a ruling political party or self-styled elite or ‘nomenclatura’ keep publicly important information to themselves, and do not allow the ordinary citizen easy or reasonably free access to it. The reason may be merely that they are intent on accumulating assets for themselves in the dark as quickly as possible while in office, or that they are afraid of public anger and want to save their own skins from demands for accountability. Or it may be they have the impression that the public is better off kept in the dark— that only the elite ‘nomenclatura’ is in a position to use the information to serve the national interest. Bad news comes to be suppressed and so good news gets exaggerated in significance. News of economic disasters, military defeats or domestic uprisings gets suppressed. News of victories or achievements or heroics gets exaggerated. If there are no real victories, achievements or heroics, fake ones have to be invented by government hacks— though the suppressed bad news tends to silently whisper all the way through the public consciousness in any case.

Such is the way of government propaganda everywhere. Closed society totalitarianism permitted the general masses to remain docile and unthinking while the ‘nomenclatura’ make the decisions. Dostoevsky’s Grand Inquisitor said that is all that can be expected of the masses. Open society transparency was instead defined by Pericles for the Athenians: “Here each individual is interested not only in his own affairs but in the affairs of the state as well; even those who are mostly occupied with their own business are extremely well-informed on general politics— this is a peculiarity of ours: we do not say that a man who takes no interest in politics is a man who minds his own business; we say that he has no business here at all.”

The study of the subcontinent’s history using archival material is crucial to disentangle difficult problems like the Jammu & Kashmir issue or the border problem with China. Yet today nobody can access independent India’s primary sources locked in South Block and North Block in New Delhi. Most bizarrely, Jawaharlal Nehru’s papers are under control of his descendants like Priyanka Vadra and Sonia Gandhi, who claim copyright. Someone may need to tell them there is a universal principle that there can be no copyright on the public life-work of historical figures like presidents and prime ministers.

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.

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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/

 

Thanks to Hillary for Harriet Tubman quote: “keep going”

I got to Washington from my Hawaii experience in the summer of 1992, and I remained there through 1993, the first year the Clinton couple came.  I am afraid I have never liked the Clinton couple much, for a mixture of objective and subjective reasons. I also think Mrs Clinton’s bid for the Presidency may have been constitutionally barred by the 22nd Amendment as she has been married to a two-term President and may have been considered the same legal person by the authors of the 22nd Amendment.   (Suppose Barack Obama becomes a two-term President; can his wife then run on her own and have him campaign for her?  Before his term ends or even after?)

But I did hear Mrs Clinton’s speech at the Denver convention the other day, and I was grateful to hear her quote the fine words of Harriet Tubman about slaves running to freedom:

“If you hear the dogs, keep going.
If you see the torches in the woods, keep going.
If they’re shouting after you, keep going.
Don’t ever stop. Keep going.
If you want a taste of freedom, keep going.”

Harriet Tubman (c. 1820-1913)

That is indeed what the individual must do in face of all tyrannies: keep going.

Subroto Roy

Postscript:  February 10 2009.  I think Mrs Clinton has been very sporting  since her loss to Barack Obama , and that she may become as good a foreign minister for the United States as there has been.  Hence the cancellation of the sentence above.

Death of Solzhenitsyn

In Chapter 6 of my Philosophy of Economics, is to be found a quote from Solzhenitsyn: “(Also Solzhenitsyn: “Fastenko, on the other hand, was the most cheerful person in the cell, even though, in view of his age, he was the only one who could not count on surviving and returning to freedom. Flinging an arm around my shoulders, he would say: To stand up for truth is nothing! For truth you have to sit in jail!”)”.

Aleksandr Isayevich Solzhenitsyn, along with Andrei Dmitrievich Sakharov, were heroes of mine after I had left school in India in December 1971 and reached Paris where my father was with the Embassy.  My father had purchased Solzhenitsyn’s books and these I devoured eagerly at our then-home at 14 Rue Eugene Manuel, during breaks from my pre-University education at Haileybury College, across the English Channel.  We had been in Odessa before Paris, and in Stockholm before Odessa.  In 1969, we had travelled by ship and train from Stockholm via Helsinki to Leningrad, Moscow and Odessa.   In December 1967, my father had gotten me to fly to Stockholm through Moscow and stay for a day or two with a colleague of his during my winter holidays from India.  Moscow in December 1967 was celebrating the 50th Anniversary of the Bolshevik Revolution — I recall what the city felt and seemed like to me as a 12 year old: foreboding, awesome, intimidating.

Now in 1972-73 in Paris, the works of Solzhenitsyn and the example of Sakharov explained to me that brief boyhood experience of the USSR and a great deal more.

As it happens, the present PM of India, as a friend of my father’s, visited us at 14 Rue Eugene Manuel in the summer of 1973 at my father’s request to  advise me about studying economics (I was on my way to the London School of Economics as an undergraduate).  He stayed about 40 minutes during his busy schedule as part of an Indian economic delegation.  I was 18, he was about 41.  We ended up having a tense debate about the merits (as he saw them) and demerits (as I saw them) of the Soviet influence on Indian economic “planning”.  He had not expected such controversy from a lad but he was kindly disposed and offered when departing to write a letter of introduction to a well-known Indian professor at the LSE for me to carry, which I did.

The works and example of Solzhenitsyn and Sakharov built my youthful understanding of the USSR at age 17-18.  This contributed to my libertarianism at Cambridge University and later in America (until my experience of the American federal judiciary at age 37 or so).

When I mentioned my admiration for Solzhenitsyn’s work to Milton Friedman at a memorable luncheon at his San Francisco home in 1989, he said that they had been neighbours in Vermont though they had not interacted because of Solzhenitsyn’s desire to be reclusive.

Solzhenitsyn and Sakharov symbolised shoots of new life in the swamp that had been Soviet totalitarianism.

John Wisdom, Renford Bambrough: Main Philosophical Works

John Wisdom (1904-1993), Main Philosophical Works:

 

Interpretation and Analysis, 1931

Problems of Mind and Matter 1934

Other Minds, 1952

Philosophy & Psychoanalysis, 1953

Paradox & Discovery, 1965

Logical Constructions (1931-1933),1969

Proof and Explanation (The Virginia Lectures 1957), 1991

Secondary literature:

Wisdom: Twelve Essays, R. Bambrough (ed) 1974

Philosophy and Life: Essays on John Wisdom, I. Dilman (ed) 1984.

(Foreword) The Structure of Metaphysics, Morris Lazerowitz, 1955

“Epilogue: John Wisdom”, The later philosophy of Wittgenstein, David Pole, 1958

 

 

Renford Bambrough (1926-1999), Main Philosophical Works:

“Socratic Paradox”, Philosophical Quarterly, 1960

“Universals and Family Resemblances”, Proceedings of the Aristotelian Society 1960-61

“Plato’s Modern Friends and Enemies”, Philosophy 1962

The Philosophy of Aristotle, 1963

“Principia Metaphysica”, Philosophy 1964

New Essays on Plato and Aristotle (edited by R. Bambrough), 1965

“Unanswerable Questions”, Proceedings of the Aristotelian Society Supplement 1966

Plato, Popper and Politics (edited by R. Bambrough), 1967

Reason, Truth and God 1969

“Foundations”, Analysis, 1970

“Objectivity and Objects”, Proceedings of the Aristotelian Society 1971-72

“How to Read Wittgenstein”, in Understanding Wittgenstein, Royal Institute of Philosophy 1972-3

“The Shape of Ignorance”, in Lewis (ed) Contemporary British Philosophy, 1976

Introduction & Notes to Plato’s Republic (Lindsay trans.), 1976

Conflict and the Scope of Reason, 1974; also in Ratio 1978

“Intuition and the Inexpressible” in Katz (ed) Mysticism & Philosophical Analysis, 1978

Moral Scepticism and Moral Knowledge, 1979

“Thought, Word and Deed”, Proceedings of Aristotelian Society Supplement 1980

“Peirce, Wittgenstein and Systematic Philosophy”, MidWest Studies in Philosophy, 1981

“The Scope of Reason: An Epistle to the Persians”, in Objectivity and Cultural Divergence, Royal Institute of Philosophy, 1984

“Principia Metaphysica: The Scope of Reason” also known as “The Roots of Reason”; a work and manuscript mentioned several times but now unknown.

A personal note by Subroto Roy for a public lecture delivered at the University of Buckingham, August 24 2004:

“Renford Bambrough and I met once on January 31 1982, when I had returned to Cambridge from the USA for my PhD viva voce examination. He signed and gave me his last personal copy of Reason, Truth and God. Three years earlier, in 1979, I, as a 24 year old PhD student under F.H. Hahn in economics, had written to him expressing my delight at finding his works and saying these were immensely important to economics; he invited me to his weekly discussion groups at St John’s College but I could not attend. Between 1979 and 1989 we corresponded while I worked in America on my application of his and Wisdom’s work to problems in economics, which emerged in Philosophy of Economics: On the Scope of Reason in Economic Inquiry (Routledge, International Library of Philosophy 1989, 1991), a work which got me into a lot of trouble with American economists (though Milton Friedman and Theodore W. Schultz defended it). Bambrough said of it “The work is altogether well-written and admirably clear”. On another occasion he said he was “extremely pleased” at the interest I had taken in his work. The preface of my book said he was not responsible for the use I had made of his writings, which I reiterate now. Returning to Britain in 2004, I find the work of Wisdom and Bambrough unknown or forgotten, even at the great University North East of Buckingham where they had lived and worked. In my view, they played a kind of modern-day Plato and Aristotle to Wittgenstein’s Socrates; in terms of Eastern philosophy, the wisdom they achieved in their lives and have left behind for us in their work to use and apply to our own problems, make them like modern-day “Boddhisatvas” of Mahayana Buddhism. My lecture “Science, Religion, Art, and the Necessity of Freedom” purports to apply their work to current international problems of grave significance, namely the cultural conflicts made apparent since the September 11 2001 attacks on America. As I am as likely to fail as to succeed in making this application, the brief bibliography given above is intended to direct interested persons to their work first hand for themselves.”

April 2007, March 2020:

See also

Is “Cambridge Philosophy” dead, in Cambridge? Can it be resurrected, there? Case Study: Renford Bambrough (& Subroto Roy) preceded by decades Cheryl Misak’s thesis on Wittgenstein being linked with Peirce via Ramsey…

https://independentindian.com/2017/10/27/cambridge-philosophy-rest-in-peace-yes-bambrough-i-preceded-misaks-link-by-deacades/

*Philosophy of Economics: On the Scope of Reason in Economic Inquiry*, “Science, Religion, Art & the Necessity of Freedom”
*Physics and Reasoning*

 

China’s India Example: Tibet, Xinjiang May Not Be Assimilated Like Inner Mongolia, Manchuria

Author’s Note: My articles on related subjects recently published in The Statesman include “Understanding China”, “China’s India Aggression”, “China’s Commonwealth”,  “Nixon & Mao vs India”, “Lessons from the 1962 War”, “China’s force & diplomacy” etc https://independentindian.com/2009/09/19/my-ten-articles-on-china-tibet-xinjiang-taiwan-in-relation-to-india/

 

 

 

China’s India Example: Tibet, Xinjiang May Not Be Assimilated Like Inner Mongolia And Manchuria

by

Subroto Roy

First published in The Statesman, Editorial Page Special Article March 25, 2008

Zhang Qingli, Tibet’s current Communist Party boss, reportedly said last year, “The Communist Party is like the parent (father and mother) of the Tibetans. The Party is the real boddhisatva of the Tibetans.” Before communism, China’s people followed three non-theistic religious cultures, Buddhism, Confucianism and Taoism, choosing whichever aspects of each they wished to see in their daily lives. Animosity towards the theism of Muslims and Christians predates the 1911 revolution. Count Witte, Russia’s top diplomatist in Czarist times, reported the wild contempt towards Islam and wholly unprovoked insult of the Emir of Bokhara by Li Hung Chang, Imperial China’s eminent Ambassador to Moscow, normally the epitome of civility and wisdom. In 1900 the slogan of the Boxer Revolts was “Protect the country, destroy the foreigner” and catholic churches and European settlers and priests were specifically targeted. The Communists have not discriminated in repression of religious belief and practice ~ monasteries, mosques, churches have all experienced desecration; monks, ulema, clergymen all expected to subserve the Party and the State.

 

 

Chinese nationalism

For Chinese officials to speak of “life and death” struggle against the Dalai Lama sitting in Dharamsala is astounding; if they are serious, it signals a deep long-term insecurity felt in Beijing. How can enormous, wealthy, strong China feel any existential threat at all from unarmed poor Tibetans riding on ponies? Is an Israeli tank-commander intimidated by stone-throwing Palestinian boys? How is it China (even a China where the Party assumes it always knows best), is psychologically defensive and unsure of itself at every turn?

 

The Chinese in their long history have not been a violent martial people ~ disorganized and apolitical traders and agriculturists and highly civilised artisans and scholars more than fierce warriors fighting from horseback. Like Hindus, they were far more numerous than their more aggressive warlike invading rulers. Before the 20th Century, China was dominated by Manchu Tartars and Mongol Tartars from the Northeast and Northwest ~ the Manchus forcing humiliation upon Chinese men by compelling shaved heads with pigtails. Similar Tartar hordes ruled Russia for centuries and Stalin himself, according to his biographer, might have felt Russia buffered Europe from the Tartars.

 

 

Chinese nationalism arose only in the 20th Century, first under the Christian influence of Sun Yatsen and his brother-in-law Chiang Kaishek, later under the atheism of Mao Zedong and his admiring friends, most recently Deng Xiaoping and successors. “Socialism with Chinese characteristics” is the slogan of the present Communist Party but a more realistic slogan of what Mao and friends came to represent in their last decades may be “Chinese nationalism with socialist characteristics”. Taiwan and to lesser extent Singapore and Hong Kong represent “Chinese nationalism with capitalist characteristics”. Western observers, keen always to know the safety of their Chinese investments, have focused on China’s economics, whether the regime is capitalist or socialist and to what extent ~ Indians and other Asians may be keener to identify, and indeed help the Chinese themselves to identify better, the evolving nature of Chinese nationalism and the healthy or unhealthy courses this may now take.

 

 

Just as Czarist and Soviet Russia attempted Russification in Finland, the Baltics, Poland, Ukraine etc., Imperial and Maoist China attempted “Sinification” in Manchuria and Inner Mongolia as well as Tibet and Xinjiang (Sinkiang, East Turkestan). Russification succeeded partially but backfired in general. Similarly, Sinification succeeded naturally in Manchuria and without much difficulty in Inner Mongolia. But it has backfired and backfired very badly in Tibet and Xinjiang, and may be expected to do so always.

 

 

In India, our soft state and indolent corrupt apparatus of political parties constitute nothing like the organized aggressive war-machine that China has tried to make of its state apparatus, and we have much more freedom of all sorts. India does not prohibit or control peasant farmers or agricultural labourers from migrating to or visiting large metropolitan cities; villagers are as free as anyone else to clog up all city life in India with the occasional political rally ~ in fact India probably may not even know how to ban, suppress or repress most of the things Communist China does.

Hindu traditions were such that as long as you did not preach sedition against the king, you could believe anything ~ including saying, like the Carvaka, that hedonism and materialism were good, spiritualism was bunkum and the priestly class were a bunch of crooks and idiots. Muslim and British rulers in India were not too different ~ yes the Muslims did convert millions by offering the old choice of death or conversion to vanquished people, and there were evil rulers among them but also great and tolerant ones like Zainulabidin of Kashmir and Akbar who followed his example.

India’s basic political ethos has remained that unless you preach sedition, you can basically say or believe anything (no matter how irrational) and also pretty much do whatever you please without being bothered too much by government officials. Pakistan’s attempts to impose Urdu on Bengali-speakers led to civil war and secession; North India’s attempts to impose Hindi on the South led to some language riots and then the three-language formula ~ Hindi spreading across India through Bollywood movies instead.

China proudly says it is not as if there are no declared non-Communists living freely in Beijing, Shanghai etc, pointing out distinguished individual academics and other professionals including government ministers who are liberals, social democrats or even Kuomintang Nationalists. There are tiny state-approved non-Communist political parties in China, some of whose members even may be in positions of influence. It is just that such (token) parties must accept the monopoly and dictatorship of the Communists and are not entitled to take state power. The only religion you are freely allowed to indulge in is the ideology of the State, as that comes to be defined or mis-defined at any time by the Communist Party’s rather sclerotic leadership processes.

Chinese passports

During China’s Civil War, the Communists apparently had promised Tibet and Xinjiang a federation of republics ~ Mao later reneged on this and introduced his notion of “autonomous” regions, provinces and districts. The current crisis in Tibet reveals that the notion of autonomy has been a complete farce. Instead of condemning the Dalai Lama and repressing his followers, a modern self-confident China can so easily resolve matters by allowing a Dalai Lama political party to function freely and responsibly, first perhaps just for Lhasa’s municipal elections and gradually in all of Tibet. Such a party and the Tibet Communist Party would be adequate for a two-party system to arise. The Dalai Lama and other Tibetan exiles also have a natural right to be issued Chinese passports enabling them to return to Tibet~ and their right to return is surely as strong as that of any Han or Hui who have been induced to migrate to Tibet from Mainland China. Such could be the very simple model of genuine autonomy for Tibet and Xinjiang whose native people clearly do not wish to be assimilated in the same way as Inner Mongolia and Manchuria. India’s federal examples, including the three-language formula, may be helpful. Once Mainland China successfully allows genuine autonomy and free societies to arise in Tibet and Xinjiang, the road to reconciliation with Taiwan would also have been opened.

Introduction and Some Biography

My two main works, namely my book of 19 years ago Philosophy of Economics: On the Scope of Reason in Economic Inquiry (first published by Routledge, London & New York, 1989, 1991), and my monograph of 24 years ago Pricing, Planning and Politics: A Study of Economic Distortions in India (first published by the Institute of Economic Affairs, London, 1984) are both now republished here, each with a new preface. I have also published here for the first time the full story of my encounter with Rajiv Gandhi — an abbreviated version appeared in Freedom First in October 2001 which focussed on economic policy and deliberately excluded mention of my warnings about his vulnerability to assassination and my attempts in vain to get people around him to do something about it. I have also republished my three advisory memoranda to him between September 1990 and March 1991, which were first published in The Statesman‘s Editorial Page of July 31, August 1 and August 2 1991.

I have also published here now for the first time a public lecture I gave as the Wincott Visiting Professor of Economics at the University of Buckingham in 2004 titled “Science, Religion, Art and the Necessity of Freedom”. Also republished is “A General Theory of Globalization and Modern Terrorism” which was my keynote address to the Council of Asian Liberals and Democrats at their Manila meeting in November 2001; it appeared first in September 11 & Political Freedom: Asian Perspectives (eds. Smith, Gomez & Johannen) in Singapore in 2002.

I have also published for the first time my April 29 2000 address titled “Towards a Highly Transparent Monetary & Fiscal Framework for India’s Union and State Governments” to the Reserve Bank’s Annual “Conference of State Finance Secretaries”.

Also to be found in one place are my most recent signed writings since 2005 in The Statesman and elsewhere on India’s economy and foreign policy, Jammu & Kashmir, Pakistan, Afghanistan, China, Tibet, Taiwan, the United States, etc.

My political affiliation in India would be to a non-existent party — as may be seen from the article on a Liberal Party for India; and I trust it will be seen that I have dispensed criticism upon the present-day Congress Party, BJP/RSS and Communists equally harshly.

Readers are welcome to quote from my work under the normal “fair use” rule, but please quote me by name and indicate the place of original publication. Readers are also welcome to comment or correspond by email, though please try to introduce yourself.

The new preface of Philosophy of Economics is reproduced below as it is partly biographical.

“(Philosophy of Economics) germinated when I was 18 or 19 years of age in Paris, Helsinki and London, and it was first published when I was 34 in Honolulu. I came to economics from natural science (biology, chemistry, physics), not mathematics. It was inevitable I would be drawn to the beauty of philosophy as a theoretical discipline while being driven, as a post-Independence Indian, to economics as the practical discipline that might unlock secrets to India’s prosperity and progress. I belonged to an ancient family of political men, and my father, who had joined India’s new foreign service the year before I was born, inculcated in me as a boy an idea that I had “a mission” (though he later forgot he had done so).

I was fortunate to fail to enter Oxford’s PPE and instead go to the London School of Economics. LSE was at an intellectual peak in the early 1970s. DHN Johnson in international law, ACL Day in international monetary economics, Brian Griffiths vs Marcus Miller in monetary economics with everyone still in awe of Harry Johnson’s graduate lectures in macroeconomics, Ken Wallis, Graham Mizon, JJ Thomas, David Hendry in econometrics with the odd lecture by Durbin himself – I was exposed to a fully grown up intellectual seriousness from the day I arrived as an 18 year old. Michio Morishima as my professorial tutor told me frankly that, as an Indian, I would face less prejudice in Western academia than in the private sector, and said he was speaking from experience as a fellow-Asian. He turned out to be wrong but it was wise advice nevertheless, just as wise as his requiring pupils to read Hicks’ Value and Capital (which, in our undergraduate mythology, he himself had read inside a Japanese gunboat during war).

What was relatively weak at LSE was general economic theory. We were good at deriving the Best Linear Unbiased Estimator but left unsatisfied with our grasp of the theory of value that constituted the roots of our discipline. I managed a First and was admitted to Cambridge as a Research Student in 1976, where fortune had Frank Hahn choose me as a student. That at the outset was protection from the communist cabal that ran “development economics” with whom almost all the Indians ended up. I was wholly impecunious in my first year as a Research Student, and had to, for example, proof-read Arrow and Hahn’s General Competitive Analysis for its second edition to receive 50 pounds sterling from Hahn which kept me going for a short time. My exposure to Hahn’s subtle, refined and depthless thought as an economist of the first rank led to fascination and wonderment, and I read and re-read his “On the notion of equilibrium in economics”, “On the foundations of monetary theory”, “Keynesian economics and general equilibrium theory” and other clear-headed attempts to integrate the theory of value with the theory of money — a project Wicksell and Marshall had (perhaps wisely) not attempted and Keynes, Hicks and Patinkin had failed at.

Hahn insisted a central question was to ask how money, which is intrinsically worthless, can have any value, why anyone should want to hold it. The practical relevance of this question is manifest. India today in 2007 has an inconvertible currency, vast and growing public debt financed by money-creation, and more than two dozen fiscally irresponsible State governments without money-creating powers. While pondering, over the last decade, whether India’s governance could be made more responsible if States were given money-creating powers, I have constantly had Hahn’s seemingly abstruse question from decades ago in mind, as to why anyone will want to hold State currencies in India, as to whether the equilibrium price of those monies would be positive. (Lerner in fact gave an answer in 1945 when he suggested that any money would have value if its issuer agreed to collect liabilities in it — as a State collects taxes – and that may be the simplest road that bridges the real/monetary divide.)

Though we were never personal friends and I did not ingratiate myself with Hahn as did many others, my respect for him only grew when I saw how he had protected my inchoate classical liberal arguments for India from the most vicious attacks that they were open to from the communists. My doctoral thesis, initially titled “A monetary theory for India”, had to be altered due to paucity of monetary data at the time, as well as the fact India’s problems of political economy and allocation of real resources were more pressing, and so the thesis became “On liberty and economic growth: preface to a philosophy for India”. When no internal examiner could be found, the University of Cambridge, at Hahn’s insistence, showed its greatness by appointing two externals: C. J. Bliss at Oxford and T. W. Hutchison at Birmingham, former students of Hahn and Joan Robinson respectively. My thesis received the most rigorous and fairest imaginable evaluation from them.

I had been attracted to Cambridge partly by its old reputation for philosophy, especially that of Wittgenstein. But I met no worthwhile philosophers there until a few months before I was to leave for the United States in 1980, when I chanced upon the work of Renford Bambrough. Hahn had challenged me with the question, “how are you so sure your value judgements promoting liberty blah-blah are better than those of Chenery and the development economists?” It was a question that led inevitably to ethics and its epistemology — when I chanced upon Bambrough’s work, and that of his philosophical master, John Wisdom, the immense expanse of metaphysics (or ontology) opened up as well. “Then felt I like some watcher of the skies, When a new planet swims into his ken; Or like stout Cortez when with eagle eyes, He star’d at the Pacific…”

It has taken me more than a quarter century to traverse some of that expanse; when I returned to Britain in 2004 as the Wincott Visiting Professor of Economics at the University of Buckingham, I was very kindly allowed to deliver a public lecture, “Science, Religion, Art and the Necessity of Freedom”, wherein I repaid a few of my debts to the forgotten work of Bambrough and Wisdom — whom I extravagantly compared with the Bodhisattvas of Mahayana Buddhism, also saying that the trio of Wittgenstein, Wisdom and Bambrough were reminiscent of what Socrates, Plato and Aristotle might have been like.

I had written to Bambrough from within Cambridge expressing my delight at finding his works and saying these were immensely important to economics; he had invited me to his weekly discussion groups at St John’s College but I could not attend. Between 1979 and 1989 we corresponded while I worked in America on my application of his and Wisdom’s work to problems in economics. We met only once when I returned to Cambridge from Blacksburg for my doctoral viva voce examination in January 1982. Six years later in 1988 he said of my Philosophy of Economics, “The work is altogether well-written and admirably clear”, and on another occasion he said he was “extremely pleased” at the interest I had taken in his work. The original preface of Philosophy of Economics said he was not responsible for the use I had made of his writings, which I reiterated in the 2004 lecture. At our meeting, he offered to introduce me to Wisdom who had returned to Cambridge from Oregon but I was too scared and declined, something I have always regretted. It is only in the last few years that I have begun to grasp the immensity of Wisdom’s achievement in comprehending, explaining and extending the work of both Wittgenstein and Freud. His famous “Virginia Lectures” of 1957 were finally published by his admirers with his consent as Proof and Explanation just before his death in 1993. As for Bambrough, I believe he may have been or become the single greatest philosopher since Aristotle; he told me in correspondence there was an unfinished manuscript Principia Metaphysica (the prospectus of which appeared in Philosophy 1964), which unfortunately his family and successors knew nothing about; the fact he died almost in obscurity and was soon forgotten by his University speaks more about the contemporary state of academic philosophy than about him. (Similarly, the fact Hahn, Morishima and like others did not receive the so-called Economics “Nobel” says more about the award than it does about them.)

All I needed in 1980 was time and freedom to develop the contents of this book, and that I found in America — which I could not have done in either Britain or India. It would take eight or nine very strenuous years before the book could be written and published, mostly spent at Virginia Polytechnic Institute (1980-1985) and University of Hawaii (1986-1990) Economics Departments, with short interludes at Cornell (Fall 1983) and Brigham Young (1985-86). I went to Virginia because James M. Buchanan was there, and he, along with FA Hayek, were whom Hahn decided to write on my behalf. Hayek said he was too old to accept me but wrote me kind and generous letters praising and hence encouraging my inchoate liberal thoughts and arguments. Buchanan was welcoming and I learnt much from him and his colleagues about the realities of public finance and democratic politics, which I quickly applied in my work on India, published in 1984 in London as Pricing, Planning & Politics: A Study of Economic Distortions in India and republished elsewhere here. The visit to the Cornell Economics Department was really so I could talk to Max Black the philosopher, who represented a different line of Wittgenstein’s students, and Max and I became friends until his death in 1988.

Buchanan’s departure from Blacksburg led to a gang of inert “game theorists” to arrive, and I was immediately under attack – one senior man telling me I was free to criticise the “social choice” work of Amartya Sen (since he was Indian too) but I was definitely unfree to do the same of Sen’s mentor, Kenneth Arrow, who was Jewish! (Arrow was infinitely more gracious when he himself responded to my criticism.) On top of that arose a matter of a woman, fresh off the aeroplane from India, being assaulted by a senior professor, and when I stood for her against her assailant, my time in Blacksburg was definitely up.

The manuscript of this book was at the time under contract with University of Chicago Press, and, thanks to Mrs Harry Johnson there, I had come in contact with that great American, Theodore W. Schultz. Schultz, at age 81, told me better to my face what the book was about than I had realised myself, namely, it was about economics as knowledge — its subject-matter was the epistemology of economics. Schultz wrote letters all over America on my behalf (as did Milton Friedman at Stanford and Sidney Alexander of MIT, whom I had also met and become friends with), and I was able to first spend a happy year among the Mormons at Brigham Young, and then end up at the University of Hawaii where I was given responsibility for the main graduate course in macroeconomics. I taught Harry Johnson-level IS-LM theory and Friedman-Tobin macroeconomics and then the new “rational expectations” vs Keynesian material.

I was also offered a large University grant to work on “South Asia”, which led to the books Foundations of India’s Political Economy: Towards an Agenda for the 1990s, and Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s, both created by myself and WE James, and which led to the origins of India’s 1991 economic reform and the India-Pakistan peace process as told elsewhere. Also, this book came to be accepted for publication by Routledge, as the first economics book in its famed International Library of Philosophy.

Just as I was set to be evaluated for promotion and tenure at the University of Hawaii, I became the victim of a most vicious racist defamation (and there was some connection with Blacksburg). Quite fed up with the sordidness of American academia as I had experienced it, I sued in the federal court, which consumed much of the next half dozen years as the case worked its way through the United States Supreme Court twice. Milton Friedman and Theodore W. Schultz stood as expert witnesses on my behalf but you would not have known it from the judge’s ruling. There had been not only demonstrable perjury and suborning of perjury by the State of Hawaii’s officers, there was also “after-discovered” evidence of bribery of court-officers in the US District Court for the District of Hawaii, and I had to return to India in 1996 quite exhausted to recuperate from the experience. “Solicitation of counsel, clerks or judges” is “embracery curialis”, recognized as extrinsic fraud and subversion of justice since Jepps 72 E R 924 (1611), “firmly established in English practice long before the foundation” of the USA, Hazel Atlas, 322 US 238 (1943). “Embracery is an offense striking at the very foundation of civil society” says Corpus Juris 20, 496. A court of equity has inherent power to investigate if a judgement has been obtained by fraud, and that is a power to unearth it effectively, since no fraud is more odious than one to subvert justice. Cases include when “by reason of something done by the successful party… there was in fact no adversary trial or decision of the issue in the case. Where the unsuccessful party has been prevented from exhibiting fully his case, by fraud or deception practised on him by his opponent, as…where an attorney fraudulently or without authority assumes to represent a party and connives at his defeat; or where the attorney regularly employed corruptly sells out his client’s interest to the other side ~ these, and similar cases which show that there has never been a real contest in the trial or hearing of the case, are reasons for which a new suit may be sustained to set aside and annul the former judgment or decree, and open the case for a new and a fair hearing….” (Hazel Atlas). There is no time-limit in United States federal law for rectification of fraud on the court of this sort, and I remain fully hopeful today of the working of American justice in the case.

The practical result was that this book was never able to be properly publicized among economists as it would have been had I become Professor of Economics at the University of Hawaii by 1992 as expected. The hardback sold out quickly on its own steam and went into paperback by 1991, and a friend told me it was being used for a course at Yale Law School. The reviews were mostly intelligent. Upon returning to Britain as the Wincott Visiting Professor in 2004, I found times had changed and so had Routledge who would not keep it in print let alone permit a second revised edition. But I am now free to republish the book as I please, and today in 2007, with the Internet growing to a maturity which allows the young geeks at WordPress.com to want to encourage blogging worldwide, I can think of no more apt place to reproduce the first edition of this book than here at my own blog http://www.independentindian.com.

This is not a second or revised edition, and it is unchanged in content except for this lengthy new preface made necessary by the adventures and dramas the book’s author found himself unwittingly part of since its first publication. I am 52 now and happy to say I endorse the book just as I had published it at 34, though I do find it a little impatient and too terse in a few places. The 1991 paperback corrected a few slight errors in the 1989 hardback, and has been used. I am planning an entirely new book which shall have its roots in this one though it will be mostly in philosophy and not economics — the outlines it may take may be seen in the 2004 public lecture I gave on the work of Bambrough and Wisdom mentioned above and published elsewhere; its main aim will be to uncover for new generations the immense worth there is in their work which is in danger of being lost.

At least two names failed to appear in the original list of acknowledgements. G. Bruce Chapman, now of the University of Toronto, and I talked much of serious ethics and political philosophy when I first arrived at Cambridge in 1976. And in 1980 in Blacksburg, Anil Lal, then a graduate student and house-painter, borrowed my copy of Bambrough’s work, read it, and later made a comment on the metaphysics of John Wisdom which allowed me to see things more clearly.

Ballygunge, Kolkata,
April 7 2007″

China’s Commonwealth: Freedom is the Road to Resolving Taiwan, Tibet, Sinkiang

China’s Commonwealth

Freedom is the Road to Resolving Taiwan, Tibet, Sinkiang

by

Subroto Roy

First published in The Statesman, December 17 2007, Editorial Page special article

War between China and Taiwan would lead to nothing but disaster all around. Everyone recognises this yet China’s military and political establishment threaten it sporadically when provoked by Taiwan’s leaders, and both sides continue to arm heavily and plan for such a contingency. China’s military is mostly congregated in its North West, North, East and South East with between one third and one half of its total forces facing Taiwan alone in an aggressive posture for an amphibious invasion. Taiwan faces 900 Chinese missiles targeted at it. China’s South West has been left relatively unguarded as no threat has been perceived from India or the Tibetans in fifty years.

Cross-strait relations

The 23 million people of Taiwan have made themselves relatively secure across the 100 miles of sea that separate them from the Mainland. A sea-borne Communist invasion following a heavy missile barrage and blockade would undoubtedly leave the Taiwanese badly bruised and bleeding. But there is enough experience from World War II to suggest that trying to invade and occupy islands turns out as badly for the invader as it does for the defender. The Taiwanese military are confident they may be able to defeat an attempted invasion after two or three weeks of fierce fighting even if their promised American ally fails to materialize by their side.

In any case, for China to succeed in forcibly establishing its rule someday over Taiwan would be a pyrrhic victory, since it would lead to tremendous political and economic costs upon all Chinese people. Gaining control after a terrible war would rule out the Hong Kong “One Country Two Systems” model, with nominal Chinese sovereignty being established over an otherwise unchanged Taiwan. Instead the Chinese would have to institute a highly repressive political system, which will incorrigibly damage Taiwan’s flourishing technologically advanced economy, as well as lead to drastic irreparable political and economic retrogression on the Mainland.

Political repression will lead backwards again to the long-gone era of Mao-Zhou communism, displacing the glacial positive trends seen since Deng Xiaoping. Foreign confidence and investment would vanish, boycotts may cause China to lose lucrative and hard-earned new markets in the USA, Europe and Asia, as the world recoiled from the bloodshed to wait to see what the new repression led up to. The Chinese Communist Party (CPC), tiny as it is in size compared to China’s vast population, would become much weakened and lose whatever little confidence it has among an increasingly modern- minded and aware Chinese public. Occupying Taiwan in the 21st Century will not be a tea-party.

The alternative to war is “peaceful reunification” which is the official policy of the CPC, and which also has been a major plank of United States foreign policy since the time of George C Marshall. Unlike Britain, Japan, Russia, France, Germany, even Sweden and Belgium, the Americans were not among the 19th Century powers that exploited China, and that is something that has left some residual goodwill, implicit as it may be, since all Chinese despise the fact their country was humiliated by greedy foreign powers in the past. The USA has subscribed to “One China” and peaceful unification even after its cynical near-betrayal of Taiwan since 1972, having normal diplomatic and trade relations with Communist China while agreeing to help Taiwan if the Communists attempted a military invasion.

Communist China’s strategy towards peaceful reunification with Taiwan has been unlimited allurement: offer Taiwanese businessmen a free hand in investing in China, offer Taiwan students places in Mainland universities, offer Taiwanese airlines flying rights etc. The Taiwanese see their giant ominous neighbour offering such allurements on one hand and threatening a missile attack and invasion and occupation on the other, as if they are animals who will respond to the carrots and sticks of behaviourism.

Taiwan in recent decades has seen its own history and future much more clearly than it sees the Communists being able to see theirs. A marriage can hardly occur or be stable when the self-knowledge of one party greatly exceeds the self-knowledge of the other. It is thus no wonder that the Taiwan-China talks get stalled or retrogress, as the root problem has failed to be addressed which has to do with the political legitimacy of a combined regime.

Political China consisted historically of the agricultural plains and river-valleys of “China Proper” and the arid sparsely populated mountainous periphery of Inner Mongolia, Tibet and Sinkiang. The native people of Formosa (Taiwan) had their own unique character distinct from the Mainland until 1949 when Chiang Kaishek’s Kuomintang moved there after being defeated by Mao Zedong’s Communists.

Today the Hong Kong Model of “One Country Two Systems” can be generalized to “One Commonwealth/ Confederation of China, Six Systems”, whose constituents would be Mainland China, Chinese Taipei (Taiwan), Chinese Hong Kong, Tibet, Sinkiang and Inner Mongolia. A difference between a commonwealth and a confederation is that a commonwealth permits different heads of state whereas a confederation would have one head of state, who, in view of Mainland China’s predominance, could be agreed upon to be from there permanently.

Taiwan is the key to the peaceful creation of such a Chinese commonwealth or confederation, and Taiwan may certainly agree to “reunification” on such a pattern on one key condition ~ the abolition of totalitarian Communist one-party rule on the Mainland.

The CPC’s parent party was the Russian Social Democratic Labour Party which became the Bolshevik Party which became the All-Union Communist Party in 1925. This still exists today but to its great credit it agreed sixteen years ago, more or less voluntarily, to abandon totalitarian power and bring in constitutional democracy in the former USSR. East European Communist Parties did the same, mostly transforming themselves back to becoming Social Democrat or Labour Parties ~ so much so that Germany’s present elected head of government is a former East German.

Hearts and minds

Mainland China must follow a similar path if it wishes to win the hearts and minds and political loyalties of all Chinese people and form a genuine confederation ~ which means the CPC must lead the way towards its own peaceful dissolution and transformation.

Historically, China’s people followed an admixture of three non-theistic religious cultures, namely, Buddhism, Confucianism and Taoism, individually choosing whichever aspects of each that they wished to see in their daily lives. Lamaist Buddhism governed Tibet and Mongolia and deeply affected parts of Mainland China too. China’s theists include the Uighurs of Sinkiang who were and remain devout Muslims, as well as the many Catholics and other Christians since the first Jesuits arrived five hundred years ago. Sun Yatsen himself was a Christian. Marx, Engels, Stalin, Mao and even Deng have never really been able to substitute as a satisfactory new Chinese pantheon.

A free multi-party democracy in Mainland China, flying the Republican or some combined flag and tracing its origin to the 1911 Revolution, even one in which Communists won legitimate political power through free elections (as has been seen in India’s States), would earn the genuine respect of the world, and be able to confidently lead a new Chinese Confederation. The Chinese people who have been often forced against their will to resettle in Tibet and Sinkiang under the present totalitarian regime would be free to move or stay just as there are many Russians in Ukraine or Kazakhstan today. And of course the Dalai Lama would be able to return home in peace after half a century in exile. Freedom is the road to the peaceful resolution of China’s problems. Let freedom ring.

China’s India Aggression

China’s India Aggression

 

 

German Historians Discover Logic Behind Communist Military Strategy

 

 

by

 

 

Subroto Roy

 

 

First published in The Statesman, Editorial Page Special Article, Nov 5 2007

 

 

 

There are four main aspects to the China-Tibet-India problem over the last century, some of which are only now becoming apparent. The first is historical prior to the 1949 Communist takeover, in which the British, Tibetans and Kuomintang were participants in background discussion and events. The second is historical too, namely, the appeasement by Nehru and his diplomats of the Mao-Zhou Communists and betrayal of normal Tibetan and Indian interests in the period 1949-1959. The third is political, to do with reaction, confusion and conflict among Indian Communists leading to the CPI/CPI-M split in response to Communist attacks upon Tibet and India. The fourth is military, to do with the 1962 war itself, the nature of the surprise Chinese attack and Indian defeat.

 

 

 

 

Chinese claims

 

A 1954 Beijing publication not only claimed Tibet but alleged vast areas of Asia to be Chinese: Ladakh, Nepal, Sikkim, Bhutan, NEFA (Arunachal), Assam, the Andaman Islands, Burma (Myanmar), Malaya, Singapore, Thailand, Indo-China, the Sulu Islands, the Ryukyus, Korea, Formosa (Taiwan), the whole of East Turkestan (Sinkiang), Kazakhstan, Siberia west of the Amur River, maritime provinces east of the Amur down to Vladivostok, and Sakhalin (viz., Coral Bell in FS Northedge (ed) Foreign Policies of the Powers, 1973).

 

 

America’s CIA reported in a secret 1962 analysis, declassified in May 2007, that the Left faction of India’s Communists had been repeating what Mao Zedong said to Ajoy Ghosh: “that Tibet, Sikkim, Bhutan, and NEFA are provinces peopled by the same race, that China had a historic right to these territories, that the McMahon line was not valid, and that the Indian government’s raising of ‘the bogey of Chinese aggression’ had resulted from its realisation that Nepal, Sikkim, Bhutan and India would be deeply affected by the social and economic revolution in Tibet” (CIA The Indian Communist Party and the Sino-Soviet Dispute, Feb 1962, page 76). Referring to Chinese designs on Mongolia, Kruschev’s USSR condemned its fellow-Communists: “… The true schemes of the Chinese leaders (are) obvious. They are permeated through and through with great-power chauvinism and hegemonism”, Pravda 2 Sep 1964, quoted by Bell, op.cit.

 

 

China’s 1962 India war was rationally consistent with carrying out precisely such an expansionist policy in Sinkiang and Tibet. As the German historians Hermann Kulke and Dietmar Rothermund have stated most succinctly, the NEFA conflict was merely a deliberate diversionary tactic which has worked brilliantly for decades:

 

 

“The consolidation of the Chinese hold on Tibet, as well as on other areas of Central Asia… (required military infrastructure) to maintain it and a ring road was constructed which led from China to Tibet and from there via the Karakorum Range to Sinkiang and Mongolia and then back to China. At a crucial point some Indian territory (Aksai Chin) obstructed this connection. Beyond Aksai Chin was the terrible desert, Takla Makan, which was a major obstacle. Faced with the dilemma of violating Indian territory or getting stuck in the desert, the Chinese opted for the first course and quietly built a road through Aksai Chin. In the meantime, they provoked incidents on the northeastern border so as to divert attention from their real aims. They also published maps which showed the border in Assam at the foot of the mountains rather than on the watershed. The watershed line had been settled by the McMahon border commission, which had also included a Chinese delegate who initialled the protocol, although it was not subsequently ratified by the Chinese government. Actually, there was no disagreement about the watershed line at that time when debate was focused on a different line, supposed to divide Tibet into an Inner and Outer Tibet on the same pattern as Inner and Outer Mongolia. Inner Tibet was to be under Chinese influence and Outer Tibet under British influence. But Communist China made use of the fact that the agreement had not been ratified and accused India of clinging to the imperialist heritage with regard to the Himalayan boundary. This harping on the legal position in the northeast was a tactical move made in order to build up a bargaining position with regard to Aksai Chin where the Chinese could not raise similar claims… Finally, a border war broke out in October 1962. It was a typical demonstration war conducted with great finesse by the Chinese. They completely perplexed the Indian generals by pushing a whole division through the mountains down to the valley of Assam and withdrawing it again as quickly as it had come. The Indian strategic concept of defending the Himalayan boundary by cutting off the supply lines of the enemy if it ventured too far beyond the border could not be put into operation: the Chinese were gone before the supply lines could be cut. But why did they do this? They wanted to divert attention from their moves in the northwest, where they did reach the Karakorum Pass in a swift offensive and did not withdraw as they had done in the east.” (History of India, 1998, pp 321-322).

 

 

Chinese casualties were some 1,460 dead, 1,697 wounded, Indian casualties some 3,128 dead, 3,968 captured, 548 wounded, each as reported by itself. JK Galbraith, the friendliest and fairest observer India may have hoped for, found our Army populated by “tragically old-fashioned” peacetime generals full of bluster, while brave soldiers under them remained woefully ill-equipped and came to be outgunned and out-manoeuvred.

 

 

Mao Zedong’s racist reference to the people populating NEFA being of Chinese origin was misguided, even nonsensical. On such a basis, China might claim Japan or Korea next, as might West Africa claim sovereignty over North and South American blacks or Mongolia over Turks and Afghans. NEFA’s five administrative divisions ~ Kameng, Subansiri, Siang, Lohit and Tirap ~ are populated by indigenous animistic tribes including the Momba, Mishmi, Abor, Miri, Dafla and Aka, each with defined areas. The 1883 Survey of India showed these areas administered de facto by British India from Assam. The 1908 Edinburgh Geographical Institute’s map by JG Bartholomew showed most of the same to be part of Bhutan, a British Indian protectorate, as did earlier 18th Century maps.

 

 

 

Less than legitimate

 

 

Communist China’s claims of sovereignty over NEFA (Arunachal) in any case derive from its claims of sovereignty over Tibet. Britain, India and other nations guided by international law have allowed that Lhasa, though long independent, may acknowledge Chinese suzerainty ~ but only subject to the condition of traditional autonomy. The 1907 Anglo-Russian Treaty stipulated Tibet would be dealt with officially through China, leading to the Henry McMahon Commission of 1914 which followed the normal international cartographic practise of the watershed defining the boundary in NEFA. That came to be generally followed by British and Indian maps of NEFA since. The CIA’s official 1959 map of the region concurred and the United States Government explicitly instructed Galbraith, its New Delhi Ambassador during the 1962 war, that the American position was the same as the British and Indian. There appears to be no record of any serious Chinese cartography of the region ever ~ Chinese maps prior to 1935 agreeing with the British Indian position but disputing it afterwards, placing Tibet’s boundary along the margin of the Assam plain. China was ravaged by war, civil war and revolutionary excesses during much of the 20th Century and hardly had well-preserved national archives at a time when its own capital and central government was changing several times.

 

 

China’s Communists, being themselves in political power for decades somewhat less than legitimately as a one-party dictatorship, have been loath to admit all such inconvenient facts, and instead continue in their hegemonic mode. A new liberal democratic China guided by law on the Taiwan pattern may have to be awaited before this conflict comes to be resolved.

 

See also https://independentindian.com/2009/09/19/my-ten-articles-on-china-tibet-xinjiang-taiwan-in-relation-to-india/

 

 

India-USA interests: Elements of a serious Indian foreign policy (2007)

India-USA interests: Elements of a serious Indian foreign policy

by

Subroto Roy

First published in The Statesman, Editorial Page Special Article, Oct 30 2007

If there is a “natural alliance” between India and the United States, it arises to the extent that both are large democracies and more or less free societies that happen to be placed half way across the globe and pose no perceptible military threat to one another. The real long-term strategic and political dimensions of such an alliance are quite independent of the business interests driving the “nuclear deal” or selfish interests of the few million “elite” Indians who have fled to the USA as immigrants in recent decades. The interests of Indian immigrants in the USA and interests of the vast masses in India are, after all, quite distinct. Also, America derives most if its own energy not from nuclear reactors but from abundant hydroelectric resources. If the nuclear deal has been ill-conceived and fails in implementation at any stage, India will not import expensive nuclear reactors but can still learn much from the USA in developing hydroelectric power which constitutes India’s greatest energy potential as well.

 

China and Pakistan

Key strategic interests of India and the USA are fully convergent in East Asia, especially in respect of Communist China. But in West Asia, American attitudes and actions towards the Muslim world, specifically the invasion and occupation of Iraq and now a possible assault on Iran, have been deeply disconcerting for India which has some 120 million Muslim citizens.

It is not a coincidence that Pakistan, an overtly religious Muslim state, has had a marriage of convenience with Communist China, an overtly atheistic anti-religious state. Both have been militarist dictatorships that have seen democratic India as a strategic adversary, especially over territorial claims. It was Pakistan that facilitated President Nixon’s desired opening to Communist China and later permitted President Reagan’s attack on the soft underbelly of the USSR in the Afghan civil war (an attack in which China participated too). With the USSR’s collapse, the USA removed its main strategic adversary only to be left with two new adversaries: Islamic fundamentalism in the short run and China in the long run!

Indian diplomacy can credit a rare (indeed exceptional) success in having warned the USA from the early 1990s onwards of the dangers brewing in the jihadist camps in Pakistan sponsored by the ISI. The US Government has now declassified its assessments of those dangers and what it tried to do as early as 1995 and as late as 2000 through the Saudis with the Taliban’s Mullah Omar ~ who refused to hand over Osama Bin Laden to Saudi Arabia and openly spoke of plans for revenge against American interests. With a continuing Cold-War mindset, US policy-makers thought state-actors like Saddam Hussein were a graver risk to Israel than non-state or  pan-state actors like Osama could be to the American mainland. Having distracted itself with Saddam, the US Government’s response to Osama has been far too much far too late ~ the maddened bull chasing the matador’s cape, in Stephen Holmes’s recent metaphor.

Pakistan’s consistent motivation was one of gaining advantage with the Americans in the hope of undermining India, and indeed the nexus created in Washington by Pakistan’s bureaucrats, politicians and military over decades has been the envy of all lobbyists. But Pakistan overplayed its hand, and once the 9/11 genie was let out of the bottle it could not be put back in again. Meanwhile, Pakistan allowing Gwadar port to become a haven for China’s Navy would have obvious new strategic repercussions.

American interests in West Asia are to protect Israel, to protect trade-routes and to defend against non-state or pan-state terrorism. American interests in East Asia are to protect Japan, South Korea and Taiwan from communist attack, to protect trade-routes and to defend against new terrorism arising from places like Indonesia or the  Philippines. All American interests in Asia would be facilitated by appearance of genuine multiparty democracy and free societies in China and Pakistan.

China as a two-party or multi-party democracy and a free society, even on the Taiwan-model, is unlikely to be an expansionist militarist aggressor in the way it has been as a dictatorship and unfree society. Communist China in the early 21st Century makes the same outrageous unlawful claims on Indian territory as it did half a century ago. Only the USA came to India’s assistance in a tangible way when Communist China attacked in Ladakh and Arunachal in the late months of 1962. John Kenneth Galbraith was President Kennedy’s Ambassador in New Delhi and his memoirs tell the tale of the landings of C-130 aircraft in Kolkata carrying infantry weapons, light artillery and quartermaster stores for the beleaguered Indian Army in Tezpur and Leh.

 scan0010

Nehru, Krishna Menon and India’s whole political and diplomatic leadership revealed gross incompetence as did the Army’s top brass. Indian Communists virtually betrayed the country. The Chinese massed in the Chumbi Valley near Nathu La, and had they attacked all the way to Siliguri, India’s North East would have been cut off. As a demonstration, the Chinese in division strength took and held the whole of Arunachal for a month, withdrawing before there could be anyIndian attempt to retaliate or cut supply lines. The geography has not changed in fifty years. What can yet change is the ideology, away from the communism that has ruined China’s great people, to a new and bold commitment to liberal democracy and the Rule of Law.

As for Pakistan, its people under crude military rule have hardly allowed themselves to become the source of Muslim culture that Iqbal had dreamt of. Pakistan today is not a place even the most ardent pro-Pakistani person in Jammu & Kashmir can find very appealing or inspiring. If there was multiparty democracy and a free society in which the military had a normal small role of defence (as opposed to a large purportedly offensive role against India), Pakistan could calm down from its neuroses and become a normal country for the first time~ one in which the so-called “extremists” of today are transformed into a politically legitimate religious conservatism, who could seek to take power responsibly through the ballot box.

Neutrality

India should be a friendly neutral in the conflict between the West and Muslim world, doing whatever we can to bring better understanding between the two sides. Both have been invaders in Indian history, bringing both evil and good in their wake. India’s culture absorbed and assimilated their influences and became more resilient as a consequence. India also was a haven for Jews and Zoroastrians fleeing persecution. India as a country must condemn fanatical terrorist attacks on the West and bizarre reactionary attempts to return to a caliphate in the world of modern science. Equally, India must condemn vicious racist bombing and warfare unleashed by technologically advanced countries upon ancient societies and cultures struggling to enter the modern world in their own way.

As for the central issue of Israel in Palestine, Martin Buber (1878-1965), the eminent Zionist scholar and philosopher of Judaism, said to Rabindranath Tagore in 1926 that the Jewish purpose should be one of “pursuing the settlement effort in Palestine in agreement, nay, alliance with the peoples of the East, so as to erect with them together a great federative structure, which might learn and receive from the West whatever positive aims and means might be learnt and received from it, without, however, succumbing to the influence of its inner disarray and aimlessness.” If India could guide the region towards such a “great federative structure” of reason and tranquillity, while encouraging democracy in China and Pakistan, the aim of our “natural alliance” with the United States half way across the globe would have been fulfilled.

see also

https://independentindian.com/2006/01/31/diplomatic-wisdom/

https://independentindian.com/2006/10/09/new-foreign-policy-kiss-up-kick-down/
https://independentindian.com/2006/06/05/pakistans-allies/

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

https://independentindian.com/2009/09/19/my-ten-articles-on-china-tibet-xinjiang-taiwan-in-relation-to-india/

https://independentindian.com/2007/08/19/to-clarity-from-confusion-on-indo-us-nuclear-deal/

https://independentindian.com/2009/11/25/on-the-zenith-and-nadir-of-us-india-relations/

Saving Pakistan: A Physicist/Political Philosopher May Represent Iqbal’s “Spirit of Modern Times”

Saving Pakistan: A Physicist/Political Philosopher May Represent Iqbal’s “Spirit of Modern Times”

by Subroto Roy

First published in The Statesman, Editorial Page Special Article, August 13 2007,

Pakistan’s Nobel winning particle physicist Abdus Salam (1926-1996) was, like Pakistan’s most eminent jurist Zafrullah Khan (1893-1985), treated badly by his country and compatriots merely because of his religious beliefs as an Ahmadiya/Qadiani. This itself may be an adequate reason for secular thinking when it comes to identifying Pakistan’s or any country’s interests. Pakistan has had eminent poets and writers but there have been no dedicated first-rate technical economists ~ and no serious political philosophers other than, recently, Pervez Hoodbhoy who is a physicist. Most political economy by Pakistanis about Pakistan has tended to be at the level of World Bank bureaucratic reports or traveller’s tales, which have their uses but hardly amount to profound insight or significant scholarship. (We in India also have had numerous minor World Bank/UN bureaucrats, with or without PhDs about anything, passing themselves off as experts on India’s political economy.)

Yet during Pakistan’s present national crisis (and Pakistan has continually faced crises ever since 1947) people must go back to first principles of political economy and ask questions like “Who are we?”; “What are we doing to ourselves?”; “What is our future?” etc ~ questions about national identity and national viability and national purpose.

Abu Dhabi Pact

On 29-30 July, a deal was reportedly struck in Abu Dhabi after a secret face-to-face meeting between Pervez Musharraf and Benazir Bhutto: he would stay on as President for five years, she would be PM and Head of Government, have prosecutions against her dropped and get back her enormous frozen wealth. Such would be the intended outcome of the long-touted return to fair competitive elections later this year. The deal was brokered by British, American, Saudi and other go-betweens outside Pakistan, and is an overt way of keeping Musharraf in power while also seeming to allow a large concession by way of the return of a purported symbol of democracy like Benazir.

But Benazir seems out of touch with reality. When she returned two decades ago as a young unmarried woman confronting General Zia ul-Haq, she was a genuine popular hero. Her father’s judicial execution at Zia’s hands was still fresh in public memory, and Zulfiqar Ali Bhutto, no matter how misguided his ideologies, had some makings of a serious modern Pakistani nationalist politician.

Benazir as a middle aged matron is not her father and has lost almost all political credibility with her flip-flopping opportunism, and is now seen merely as a face agreeable to the West. Her good looks were discussed on American TV by the comedian Bill Maher while Musharraf’s publicity agent had him sharing jokes on a rival TV comedy – however, American TV audiences are or should not be a Pakistani constituency.

Benazir also forgets that Zia had set up Nawaz Sharif as an ally of the Pakistan military against her own populism in the late 1980s, just as she is being set up now as an ally of the same military against people like Sharif, Javed Hashmi, Maulana Fazlur Rahman and Imran Khan. Musharraf overthrew Sharif and jailed Hashmi and they are his declared foes; the other two have expressed opinions hostile to Western military presence in Pakistan and Afghanistan. The Maulana made a nationalistic overture towards India, while Imran has openly praised Indian democracy despite its faults. But Indian foreign policy has not responded and seems under manifest influence of the Western powers ~ had we felt and thought with genuine independence we could have, for example, easily declared and implemented large-scale humanitarian food-aid from the FCI’s wheat-stocks for the people of Afghanistan and Iraq as was suggested in these pages a year ago.

A Musharraf-Benazir alliance is hardly destined to save Pakistan and will be no more than a cynical example of short-term opportunism: we in India can expect them to use J&K as traditional rhetorical camouflage for their own continuing misgovernance and corruption. As in Iraq, Palestine and Afghanistan, the Western powers face the dilemma that any government they support in Pakistan will be perceived as lacking legitimacy while a genuine hands-off policy could result in legitimate popular governments which seem to Western Governments beyond their control and hence seemingly adverse to Western interests.

The West has long ill-understood Pakistan, partly because it has seen Pakistan merely to be used as a source of convenient military manpower and real-estate for itself as and when necessary. American diplomats were reporting as early as November 1951 that Maulana Maududi’s Jamaat were hostile to the “evils” of Western materialism which they wanted to “do away with root and branch” in the country. In January 1976, American diplomats were reporting Pakistan’s “crash program to develop nuclear weapons”, and by June 1983 that Pakistan was close to nuclear test capability, intended to deter aggression by India “which remains Pakistan’s greatest security concern”. For Islamic revivalism to coincide with nuclear weapons in the last decade has been something long-predictable if there had been adequate will to do so.

Right wing politicians and religious fundamentalists have come to power in countries with nuclear weapons without untoward results, e.g., Likud in Israel or the BJP/RSS in India. (It is America’s present leaders, as well as all main Democrat and Republican presidential candidates except Ron Paul, who have unilaterally threatened nuclear attacks on a non-nuclear country that has not committed aggression against anyone.) There is no obvious reason why an elected legitimate “conservative” or right wing government in Pakistan must come to pose a special nuclear danger to anyone. If it is serious about governance (which Musharraf-Benazir may not be), it may even succeed in finding enough sobriety and political honesty to start to face up to Pakistan’s real economic and social problems which are vast in size and scope.

Wali Allah vs Iqbal

“We are an Arab people whose fathers have fallen in exile in the country of Hindustan, and Arabic genealogy and Arabic language are our pride,” said Wali Allah (1703-1762). Two centuries later, Mohammad Iqbal (1877-1938), in his 1930 Presidential Speech to the Muslim League in Allahabad conceptualising today’s Pakistan, wished precisely to become free of that Arab influence: “I would like to see the Punjab, NWFP, Sind and Baluchistan amalgamated into a single state… The life of Islam as a cultural force in this living country very largely depends on its centralisation in a specified territory… For India it means security and peace resulting from an internal balance of power, for Islam an opportunity to rid itself of the stamp that Arabian Imperialism was forced to give it, to mobilise its law, its education, its culture, and to bring them into closer contact with its own original spirit and the spirit of modern times.”

That “spirit of modern times” is today represented most prominently in Pakistan by Pervez Hoodbhoy. In a December 2006 speech, Hoodbhoy suggested a new alternative to MA Jinnah’s ”Faith, Unity, Discipline” slogan: “First, I wish for minds that can deal with the complex nature of truth…. My second wish is for many more Pakistanis who accept diversity as a virtue… My third, and last, wish is that Pakistanis learn to value and nurture creativity.” And he has spoken of bringing “economic justice to Pakistan”, of the “fight to give Pakistan’s women the freedom which is their birthright”, and of people to “wake up” and engage politically. We shall witness a most engaging battle if Benazir and her new military friends all representing the jaded and corrupt old political power structures, come to face in the elections a new conservative alliance of people like Sharif, Hashmi, Fazlur Rahman and Imran all infused with Hoodbhoy’s scientific liberalism representing Iqbal’s ”spirit of modern times”.

An Open Letter to Professor Amartya Sen about Singur etc

A letter to Prof. Sen

First published in The Statesman 31 July 2007, Editorial Page Special Article

Professor Amartya Sen, Harvard University

Dear Professor Sen,

Everyone will be delighted that someone of your worldwide stature has joined the debate on Singur and Nandigram; The Telegraph deserves congratulations for having made it possible on July 23.

I was sorry to find though that you may have missed the wood for the trees and also some of the trees themselves. Perhaps you have relied on Government statements for the facts. But the Government party in West Bengal represents official Indian communism and has been in power for 30 years at a stretch. It may be unwise to take at face-value what they say about their own deeds on this very grave issue! Power corrupts and absolute power corrupts absolutely, and there are many candid communists who privately recognise this dismal truth about themselves. To say this is not to be praising those whom you call the “Opposition” ~ after all, Bengal’s politics has seen emasculation of the Congress as an opposition because the Congress and communists are allies in Delhi. It is the Government party that must reform itself from within sua sponte for the good of everyone in the State.

The comparisons and mentions of history you have made seem to me surprising. Bengal’s economy now or in the past has little or nothing similar to the economy of Northern England or the whole of England or Britain itself, and certainly Indian agriculture has little to do with agriculture in the new lands of Australia or North America. British economic history was marked by rapid technological innovations in manufacturing and rapid development of social and political institutions in context of being a major naval, maritime and mercantile power for centuries. Britain’s geography and history hardly ever permitted it to be an agricultural country of any importance whereas Bengal, to the contrary, has been among the most agriculturally fertile and hence densely populated regions of the world for millennia.

Om Prakash’s brilliant pioneering book The Dutch East India Company and the Economy of Bengal 1630-1720 (Princeton 1985) records all this clearly. He reports the French traveller François Bernier saying in the 1660s “Bengal abounds with every necessary of life”, and a century before him the Italian traveller Verthema saying Bengal “abounds more in grain, flesh of every kind, in great quantity of sugar, also of ginger, and of great abundance of cotton, than any country in the world”. Om Prakash says “The premier industry in the region was the textile industry comprising manufacture from cotton, silk and mixed yarns”. Bengal’s major exports were foodstuffs, textiles, raw silk, opium, sugar and saltpetre; imports notably included metals (as Montesquieu had said would always be the case).

Bengal did, as you say, have industries at the time the Europeans came but you have failed to mention these were mostly “agro-based” and, if anything, a clear indicator of our agricultural fecundity and comparative advantage. If “deindustrialization” occurred in 19th Century India, that had nothing to do with the “deindustrialization” in West Bengal from the 1960s onwards due to the influence of official communism.

You remind us Fa Hiaen left from Tamralipta which is modern day Tamluk, though he went not to China but to Ceylon. You suggest that because he did so Tamluk effectively “was greater Calcutta”. I cannot see how this can be said of the 5th Century AD when no notion of Calcutta existed. Besides, modern Tamluk at 22º18’N, 87º56’E is more than 50 miles inland from the ancient port due to land-making that has occurred at the mouth of the Hooghly. I am afraid the relevance of the mention of Fa Hiaen to today’s Singur and Nandigram has thus escaped me.

You say “In countries like Australia, the US or Canada where agriculture has prospered, only a very tiny population is involved in agriculture. Most people move out to industry. Industry has to be convenient, has to be absorbing”. Last January, a national daily published a similar view: “For India to become a developed country, the area under agriculture has to shrink, urban and industrial land development has to take place, and about 100 million workers have to move out from agriculture into industry and services. This is the only way forward for bringing prosperity to the rural population”.

Rice is indeed grown in Arkansas or Texas as it is in Bengal but there is a world of difference between the technological and geographical situation here and that in the vast, sparsely populated New World areas with mechanized farming! Like shoe-making or a hundred other crafts, agriculture can be capital-intensive or labour-intensive ~ ours is relatively labour-intensive, theirs is relatively capital-intensive. Our economy is relatively labour-abundant and capital-scarce; their economies are relatively labour-scarce and capital-abundant (and also land-abundant). Indeed, if anything, the apt comparison is with China, and you doubtless know of the horror stories and civil war conditions erupting across China in recent years as the Communist Party and their businessman friends forcibly take over the land of peasants and agricultural workers, e.g. in Dongzhou.

All plans of long-distance social engineering to “move out” 40 per cent of India’s population (at 4 persons per “worker”) from the rural hinterlands must also face FA Hayek’s fundamental question in The Road to Serfdom: “Who plans whom, who directs whom, who assigns to other people their station in life, and who is to have his due allotted by others?”

Your late Harvard colleague, Robert Nozick, opened his brilliant 1974 book Anarchy, State and Utopia saying: “Individuals have rights, and there are things no person or group may do to them (without violating their rights)”. You have rightly deplored the violence seen at Singur and Nandigram. But you will agree it is a gross error to equate violence perpetrated by the Government which is supposed to be protecting all people regardless of political affiliation, and the self-defence of poor unorganised peasants seeking to protect their meagre lands and livelihoods from state-sponsored pogroms. Kitchen utensils, pitchforks or rural implements and flintlock guns can hardly match the organised firepower controlled by a modern Government.

Fortunately, India is not China and the press, media and civil institutions are not totally in the hands of the ruling party alone. In China, no amount of hue and cry among the peasants could save them from the power of organised big business and the Communist Party. In India, a handful of brave women have managed to single-handedly organise mass movements of protest which the press and media have then broadcast that has shocked the whole nation to its senses.

You rightly say the land pricing process has been faulty. Irrelevant historical prices have been averaged when the sum of discounted expected future values in an inflationary economy should have been used. Matters are even worse. “The fear of famine can itself cause famine. The people of Bengal are afraid of a famine. It was repeatedly charged that the famine (of 1943) was man-made.” That is what T. W. Schultz said in 1946 in the India Famine Emergency Committee led by Pearl Buck, concerned that the 1943 Bengal famine should not be repeated following dislocations after World War II. Of course since that time our agriculture has undergone a Green Revolution, at least in wheat if not in rice, and a White Revolution in milk and many other agricultural products. But catastrophic collapses in agricultural incentives may still occur as functioning farmland comes to be taken by government and industry from India’s peasantry using force, fraud or even means nominally sanctioned by law. If new famines come to be provoked because farmers’ incentives collapse, let future historians know where responsibility lay.

West Bengal’s real economic problems have to do with its dismal macroeconomic and fiscal position which is what Government economists should be addressing candidly. As for land, the Government’s first task remains improving grossly inadequate systems of land-description and definition, as well as the implementation and recording of property rights.

With my most respectful personal regards, I remain

Yours ever

Suby

Has America Lost? War Doctrines of Kutusov vs Clausewitz May Help Explain Iraq War

Has America Lost?
War Doctrines Of Kutusov vs Clausewitz May Help Explain Iraq War

First published in The Statesman, Editorial Page, Special Article, July 3 2007, http://www.thestatesman.net

By Subroto Roy

Has the United States lost the war in Iraq? How would we tell if it has or not? If American commanding officers of general rank, once they go into retirement, say the Iraq war is lost or if the vast majority of the American people say it is not worth fighting, does that mean the USA has lost? When someone loses someone else wins ~ there are no “draws” or runners-up in war. If America has lost, does that mean Saddam won? How can a man who was hanged in sight of the whole world win a war from beyond his grave? It is all very strange in this most abominable of all wars.

Battle of Borodino

In the Battle of Borodino in 1812, the Russians under Marshall Mikhail Kutusov withdrew and the French held the field of battle at end of day ~ the single bloodiest day of warfare in modern times with between 66,500 and 125,000 casualties including several dozen generals. Though the French won, it signalled the end of French power and fall of Napoleon. Borodino was a Pyrrhic victory.

Marshall Kutusov, against his generals’ advice, and courting extreme unpopularity with St Petersburg, continued to withdraw after Borodino and declined to give battle to defend Moscow itself. His remaining forces and most of the civilian population withdrew beyond Moscow. The city was emptied and allowed to burn. The French took it without a fight, Napoleon entered and tried to feel himself its ruler, his generals tried to create a cooperative local government from among the remaining residents.

Kutusov waited, waited and waited some more without giving battle. Then one day, some months later, just as Kutusov had been praying, news came that Napoleon and the French had gotten up and left. Napoleon’s retreat was the biggest catastrophe his Grande Armée suffered, and they were harassed by Russian attacks all the way to the border.

Saddam was reported to have had two Russian generals advising his army, who quietly left before the Anglo-American attack occurred. Russian generals learn about Kutusov on mother’s knee. Even Stalin invoked Kutusov’s name when his 1939 pact with Hitler had failed and Hitler attacked Russia on 22 June 1941. (Iraq had both Nazi and Soviet influences: Stalin tried to appease Hitler in June 1941 by recognising the then pro-Nazi Government of Iraq.)

Saddam’s propaganda spokesmen in the early stages of the March 2003 invasion alluded to a Kutusov-like defensive doctrine: “the US and British administrations have depended on their strategy and planning based on the information obtained from the traitors, whom they call opposition, and from some intelligence services of some Arab countries…. They said: ‘Let some missiles be fired for the maximum of three days and then everything would be over.’ Therefore, we find them in a state of confusion. They prevent the media from having access to the facts about the military operations under security pretexts. They say that they are heading towards Baghdad and that they covered more than 160 or 180 km towards Baghdad. I would like to tell them, that in the course that they are following, let them continue up to 300 km and let them mobilise all the tanks and marines they have, and we will not clash with them soon. We will give them enough time. However, in any contact with any Iraqi village or city, they will find what they are now witnessing in Umm Qasr and Suq al-Shuyukh.” Iraq’s Army did a vanishing act, men and materials disappeared, Baghdad fell without fighting.

By contrast, the USA has followed textbook doctrines from Baron Clausewitz’s On War ~ a work influenced by Napoleon’s successful campaigns though Clausewitz himself fought at Borodino as part of Kutusov’s armies. Like Napoleon and now the Americans, Clausewitz was unable to reconcile his notion of war as aggression and destruction with his notion of war as a means of politics. Clausewitz’s “Absolute War” is “an act of violence to compel our opponent to fulfil our will…as each side in war tries to dominate the other, there arises a reciprocal action which must escalate to an extreme”. Hence “disarming or destruction of the enemy … or the threat of this…must always be the aim in warfare”. But Clausewitz’s “Real War” sees war as “a political act… an effective political instrument, a continuation of political commerce and a carrying out of this by other means”

What we may have been witnessing ever since the Bush/Blair attack on Iraq is the outcome of a clash between the doctrines of Clausewitz on the American side and Kutusov on the Iraqi/ Russian side.

American forces began with “Shock and Awe”, followed by disbanding Iraq’s Army and banning the Baathists. Then came “Light Footprint” or “War Tourism”, where American forces left their bases only for specific jaunts outside, while attempting to create a new “Iraqi” Army in an American image. Recently, the purported strategy has changed again to “Clear, Hold, Build” requiring the current infantry “surge” of 30,000 extra troops to try to pacify specific Baghdad neighbourhoods and then “build” political institutions.

Thirty years ago, Professor WB Gallie pointed to the contradiction Clausewitz had been unable to reconcile: “All commentators are agreed that Clausewitz’s greatest difficulty was to explain the relationship between (Absolute War and War as a Political Instrument)”, Philosophers of peace and war, Cambridge Univesity Press 1978. War-making as destruction and war-making as politics are incompatible. The cruelties of Iraq may explain and demonstrate the root of this contradiction most clearly: defeated, disarmed and destroyed victims of an Absolute War are hardly going to feel themselves agreeable to then being manipulated into any political institutions or agreements designed by the perpetrators of the violence. You cannot declare “Absolute War” on Fallujah, kill or arrest every able-bodied male citizen there, and then expect Fallujah’s women, children and old people to participate happily in town hall meetings you wish them to hold. “America has lost because it has not behaved like a great nation”, said one ordinary Iraqi initially in favour of Saddam’s overthrow. America’s retired generals are saying Iraq has been America’s greatest strategic defeat.

Resistance

The result of the clash between the two doctrines of war has been 30,000 American casualties (dead and wounded at about 1:8), while Iraqi dead exceed 650,000 with millions more wounded, rendered homeless or made refugees. Future historians may speak of a genocide having occurred in Iraq.

Did Saddam win if the Americans have lost? Of course not. Iraq had its Mir Jafars, and Saddam was at most a Shiraj, not even that given his odious past. Iraq now has its Tippus, Bhagat Singhs and Khudi Rams as well.

“The Resistance is the natural reaction to any occupation. All occupations in history faced a resistance. Occupation is not for developing people and making them better. It is for humiliating people, and chaining them and taking their freedom and fortunes away. These are my convictions which make me feel that this occupation is an insult to me and my people.” Such was what an anonymous Resistance officer told the Australian journalist Michael Ware.

It seems impossible for one nation to govern another in the 21st Century. The cycle of imperialism followed by nationalism and socialism/ communism may merely restart. What Iraq needs urgently is for its Tilaks, Gokhales, Jinnahs, Gandhis, Jawaharlals and Vallabhais to arise, or it may be condemned to extinction and being consumed by its neighbours. As for the United States, its military may find a need to revise its war doctrines.

American Turmoil: A Vice-Presidential Coup — And Now a Grassroots CounterRevolution?

American Turmoil: A Vice-Presidential Coup – And Now a Grassroots CounterRevolution?

First published in

The Statesman, Editorial Page, Special Article June 18 2007

by

Subroto Roy

The Cold War was lost by Soviet and East European communism, and the laurelled victor was the USA along with its loyal allies. Russia and East Europe then transformed themselves. Once there had been Dubcek in the Prague Spring and Sakharov in his apartment. Then there was Lech Walesa the electrician, who, on 14 August 1980, climbed over a fence and led an 18-day strike from which arose the first independent trade union ~ Walesa said “the very basic things: he stood on the shipyard gate and called things by their real names”. Then came Gorbachov and Yeltsin. The despised Berlin Wall was smashed into small saleable bits in November 1989 and people just walked across. That was the end of communism. An unknown student stood down the tanks in Tiananmen Square — though a dozen years earlier the death-watch of Chinese communism had begun with Wei Jingsheng’s “Democracy Wall”. Communist apparatchiks everywhere (except New Delhi and Kolkata) started to unlearn communism; communist societies and economies began to be placed on a road to health and taken off the road to misery.

Winner’s curse

What happened to the victors? Germany quietly unified. Italy’s politics stabilised a little. France achieved its wish of being undominated in Europe. Britain, already forlorn from loss of empire, was left trying to arbitrage between Europe and America (though there too there was new competition from the Irish Republic).

Some political learning, reconciliation and growth took place in Europe but there was none in America ~ the biggest victor of all, the one country but for whose efforts all of Europe might have become and remained communist. Instead, the USA chose to gorge itself on self-accolades, bloated, then started to choke on its own hubris.

The result is that as the 2008 Presidential election campaign gets underway, and the Second Iraq War is at its peak, America’s polity at its highest level may be in turmoil of a sort not seen since the student revolts at the peak of the Vietnam War.

Gerald Ford and Jimmy Carter were an interregnum after the Vietnam and Watergate traumas. It was during the Reagan “restoration” that communism collapsed and Osama bin Laden was befriended. Carter’s military mission to rescue American hostages in Iran notoriously failed; Reagan restored American pride by sending in the US Army’s crack Rangers to defeat an almost non-existent enemy ~ in Grenada. It was the first successful American military action in a long time. But there was also failure in Beirut where Reagan withdrew after 241 US soldiers were killed by a suicide-bomber.

George Bush Sr glided into the Presidency in Reagan’s wake. He felt sure of being re-elected when Saddam’s 1990 invasion of Kuwait gave him a war with which to seal his chances. For his part, Saddam had primly and properly called in the US Ambassador to Iraq, the top career diplomat April Glaspie, and told her he had accounts to settle with Kuwait over the Iran-Iraq war. Glaspie, under instructions of the Bush-Baker State Department, famously told him the USA had no opinion on inter-Arab conflicts. Saddam took this to be a green signal, or at least not a red signal, from America and went ahead with his attack on Kuwait.

The American President worked himself into an angry indignation ~ and soon there were large numbers of American troops in Saudi Arabia, soon Iraq was forced to retreat with thousands slaughtered in a turkey-shoot from the air, soon there would be severe sanctions and bombings by the USA and UK. Bush was sure he would be re-elected in 1992, and indeed he led all the polls ~ except an oddball surprise Ross Perot pulled away his votes, and caused the third man running, a young governor of a minor State, to push through to victory instead. Bill Clinton was as surprised as anyone that he was President of the USA in 1992. Dissimulation and mendacity reached new heights during his time yet he came to be re-elected in 1996.

Osama bin Laden started to rant against his former ally. Remove your troops from our holy land, he said. Clinton and Madelaine (“It’s worth it”) Albright continued to bomb Saddam instead ~ who after all had launched a few backward Scuds at Israel during the First Iraq War of 1991. Somehow or other, Osama and/or someone else then designed the destruction of Manhattan’s tallest buildings on September 11 2001; it remains unclear what projectile hit the Pentagon or exactly what happened over a field in Pennsylvania the same morning. The mass murder of thousands remains unsolved.

America, under Bush’s elder son, attacked Osama’s hosts in Afghanistan (but not so as to upset their common Pakistani friends too much), then turned their really motivated firepower against their old foe, Saddam Hussein. Iraq by the summer of 2003 was destroyed as a nation-state, and today in 2007 under American occupation has been almost wholly destroyed as a culture and a society. The new US Embassy in Baghdad is as large as the Vatican. Fourteen permanent American military bases have been built. The US Government has spoken of moving troops from Saudi Arabia to Iraq, and of being in Iraq for ever on the Korean pattern.

United States history and political culture had never seen a Vice President as being anything more than an invisible silent shadow of the President of the land. That has changed drastically. Indeed in recent months there has been much serious Washington talk of the incumbent Vice President having unlawfully usurped political power from the President himself. Cheney’s people throughout the Bush Administration have been in almost open battle against the official foreign and diplomatic policy of Condoleeza Rice and the professional military represented by the Joint Chiefs of Staff. Before the attack on Iraq they had overturned the CIA’s official intelligence assessments. There is a general perception that Cheney’s people have been far shrewder and more experienced of the Washington Beltway than Bush’s.

Attack on Iran?

Now the central issue has been whether to attack Iran, and if so how and when. Cheney’s people and their think-tank friends are determined America must do so, perhaps with a new Netanyahu Government in Israel early in 2008 or sooner. The President was apparently warned by his generals in December 2006 that such an attack would gravely endanger the supply lines of US troops who would face a Shia insurrection in Iraq; that may have been the sole reason no attack occurred, and also one reason for the present infantry “surge”. Three aircraft carrier battle groups in the Persian Gulf indicate a potential strike, and that level of force has been coming and going from there for months.

The main Democratic Presidential candidates, especially Mrs Clinton, have said nuclear weapons are “not off the table” in reference to striking Iran without provocation. Nine out of ten of the Republican Presidential candidates agree. The exception is Ron Paul who has recognised the United States was not intended by its founders to be launching aggressive nuclear war against non-nuclear countries in the 21st Century. The Reagan-era economist Paul Craig Roberts has said such war will leave America more reviled than Hitler’s Third Reich.

A grassroots democratic counter-revolution could be starting to overturn the elitist coup d’etat that may have occurred in Washington. “People power” beat organised State power in many times and places. Can it win here? Or could there be tanks in Dupont Circle forty years after the tanks in Wenceslas Square?

On Land-Grabbing

ON LAND-GRABBING

Dr Singh’s India, Buddhadeb’s Bengal, Modi’s Gujarat have notorious US, Soviet and Chinese examples to follow ~ distracting from the country’s real economic problems

By SUBROTO ROY

First published in The Sunday Statesman, Editorial Page Special Article, Jan 14 2007

AT a business meet on 12 January 2005, Dr Manmohan Singh showered fulsome praise on Buddhadeb Bhattacharjee as “dynamic”, “the Nation’s Best Chief Minister”, whose “wit and wisdom”, “qualities of head and heart”, “courage of conviction and passionate commitment to the cause of the working people of India” he admired, saying “with Buddhadeb Babu at the helm of affairs it appears Bengal is once again forging ahead… If today there is a meeting of minds between Delhi and Kolkata, it is because the ideas that I and Buddhadebji represent have captured the minds of the people of India. This is the idea of growth with equity and social justice, the idea that economic liberalization and modernization have to be mindful of the needs of the poor and the marginalized.”

With such support of a Congress Prime Minister (as well as proximity to Pranab Mukherjee), Mr Bhattacharjee could hardly have feared the local Congress and Trinamul would pose any threat in the 2006 Assembly Elections despite having more potential voters between them than the CPI-M.

Dr Singh returned to the “needs of the poor and the marginalized” at another business meet on 8 January 2007 promising to “unveil a new Rehabilitation Policy in three months to increase the pace of industrialisation” which would be “more progressive, humane and conducive to the long-term welfare of all stakeholders”, while his businessman host pointedly stated about Singur “land for industry must be made available to move the Indian manufacturing sector ahead”.

The “meeting of minds between Delhi and Kolkata” seems to be that agriculture allegedly has become a relatively backward slow-growing sector deserving to yield in the purported larger national interest to industry and services: what the PM means by “long-term welfare of all stakeholders” is the same as the new CPI-M party-line that the sons of farmers should not remain farmers (but become automobile technicians or IT workers or restaurant waiters instead).

It is a political viewpoint coinciding with interests of organised capital and industrial labour in India today, as represented by business lobbies like CII, FICCI and Assocham on one hand, and unions like CITU and INTUC on the other. Business Standard succinctly (and ominously) advocated this point of view in its lead editorial of 9 January as follows: “it has to be recognised that the world over capitalism has progressed only with the landed becoming landless and getting absorbed in the industrial/service sector labour force ~ indeed it is obvious that if people don’t get off the land, their incomes will rise only slowly”.

Land is the first and ultimate means of production, and the attack of the powerful on land-holdings or land-rights of the unorganised or powerless has been a worldwide phenomenon ~ across both capitalism and communism.

In the mid-19th Century, white North America decimated hundreds of thousands of natives in the most gargantuan land-grab of history. Defeated, Chief Red Cloud of the Sioux spoke in 1868 for the Apache, Navajo, Comanche, Cheyenne, Iroquois and hundreds of other tribes: “They made us many promises, more than I can remember, but they never kept any except one: they promised to take our land, and they took it.”

Half a century later, while the collapse of grain prices contributed to the Great Depression and pauperisation of thousands of small farmers in capitalist America in the same lands that had been taken from the native tribes, Stalin’s Russia embarked on the most infamous state-sponsored land-grab in modern history: “The mass collectivisation of Soviet agriculture (was) probably the most warlike operation ever conducted by a state against its own citizens…. Hundreds of thousands and finally millions of peasants… were deported… desperate revolts in the villages were bloodily suppressed by the army and police, and the country sank into chaos, starvation and misery… The object of destroying the peasants’ independence…was to create a population of slaves, the benefit of whose labour would accrue to industry. The immediate effect was to reduce Soviet agriculture to a state of decline from which it has not yet recovered… The destruction of the Soviet peasantry, who formed three quarters of the population, was not only an economic but a moral disaster for the entire country. Tens of millions were driven into semi-servitude, and millions more were employed as executants…” (Kolakowski, Main Currents of Marxism).

Why did Stalin destroy the peasants? Lenin’s wishful “alliance between the proletariat and the peasantry” in reality could lead only to the peasants being pauperised into proletarians. At least five million peasants died and (Stalin told Churchill at Yalta) another ten million in the resultant famine of 1932-1933. “Certainly it involved a struggle ~ but chiefly one between urban Communists and villagers… it enabled the regime to obtain much of the capital desired for industrialization from the defeated village… it was the decisive step in the building of Soviet totalitarianism, for it imposed on the majority of the people a subjection which only force could maintain” (Treadgold, 20th Century Russia).

Mr Bhattacharjee’s CPI-M is fond of extolling Chinese communism, and the current New Delhi establishment have made Beijing and Shanghai holiday destinations of choice. Dr Singh’s Government has been eager to create hundreds of “Special Economic Zones” run by organised capital and unionised labour, and economically privileged by the State. In fact, the Singur and Nandigram experiences of police sealing off villages where protests occur are modelled on creation of “Special Economic Zones” in China in recent years.

For example, Chinese police on 6 December 2005 cracked down on farmers and fishermen in the seaside village of Dongzhou, 125 miles North East of Hong Kong. Thousands of Dongzhou villagers clashed with troops and armed police protesting confiscation of their lands and corruption among officials. The police immediately sealed off the village and arrested protesters. China’s Public Security Ministry admitted the number of riots over land had risen sharply, reaching more than seventy thousand across China in 2004; police usually suppressed peasant riots without resort to firing but in Dongzhou, police firing killed 20 protesters. Such is the reality of the “emergence” of China, a totalitarian police-state since the Communist takeover in 1949, from its period of mad tyranny until Mao’s death in 1976, followed by its ideological confusion ever since.

Modern India’s political economy today remains in the tight grip of metropolitan “Big Business” and “Big Labour”. Ordinary anonymous individual citizens ~ whether housewife, consumer, student, peasant, non-union worker or small businessman ~ have no real voice or representation in Indian politics. We have no normal conservative, liberal or social democratic party in this country, as found in West European democracies where the era of land-grabbing has long-ceased. If our polity had been normal, it would have known that economic development does not require business or government to pauperise the peasantry but instead to define and secure individual property rights and the Rule of Law, and establish proper conditions for the market economy. The Congress and BJP in Delhi and CPI-M in Kolkata would not have been able to distract attention from their macroeconomic misdeeds over the decades ~ indicated, for example, by increasing interest-expenditure paid annually on Government debt as a fraction of tax revenues (see Table). This macroeconomic rot originated with the Indira Gandhi-PN Haksar capriciousness and mismanagement, which coincided with the start of Dr Singh’s career as India’s best known economic bureaucrat.

Mob Violence and Psychology

Mob Violence and Psychology

 

 

Mob violence remains a monthly occurrence in modern India; it gives the lie to our claims of political maturity and democratic development.

 

 

By SUBROTO ROY

 

 

First published in The Sunday Statesman Editorial Page Special Article December 10 2006

 

 

Mob violence certainly signals collapse of the Rule of Law and absence of normal political conversation and decision-making. Mob violence in modern India remains a monthly occurrence: a child is killed by a speeding bus, the driver if he is caught is thrashed to death by a mob of onlookers and the bus burnt down; a factory closes and workers go on a rampage; a statue or political personality or religious figure is perceived to have been insulted or desecrated, and crowds take to the streets to burn vehicles and cause mayhem; a procession is said to be insulted, and rival mobs go to battle with one another. (In fact, elected legislators in Parliament and State Assemblies frequently conflate mob behaviour like slogan-shouting with political conversation itself, carrying into the House the political methods they have learned to employ outside it. And contrary to what our legislators may suppose, they do need to be constantly lectured to by the general citizenry whose paid servants they are supposed to be).

 

 

Such may be relatively simple cases to describe or diagnose. More complex cases include the deliberate burning alive of Graham Staines and his two young sons by a mob in 1999 as they slept in their vehicle in rural Orissa, or countless deeds of similar savagery during Partition and the innumerable other riots we have seen in the history of our supposedly tolerant and non-violent culture.

 

 

We are not unique in our propensity for evil. French women knitted and gossiped watching the guillotine do its bloody work during the Jacobin terror. Long before them, as the Catholic scholar Eamon Duffy reports in Faith of our fathers, Pope Gregory IX in 1233 had initiated the “Inquisition”: two anonymous witnesses could cause any person to be arrested as a heretic, tortured and then burnt alive. In 1484, Pope Innocent VIII endorsed “witches” to be burnt, causing “deaths of countless thousands of harmless or eccentric women over the next 300 years. In all, as many as 25,000 people, most of them women may have been burnt as witches in Germany” alone. American history has seen countless cases of mob violence, from witch-burnings and other religious violence to cold-blooded lynching on trees of individual black men by white mobs, black mobs looting inner cities, street clashes between political groups etc. Soviet Russia and Maoist China saw systematic ideologically driven violence by Party cadres and “Red Guards” against countless individuals ~ forced to confess to imaginary misdeeds, then assaulted or shot. Nazi Germany, Czarist Russia and many other countries saw mobs attacking, dispossessing or killing individual Jews and innumerable others, again in systematic ideologically motivated pogroms. Indeed as Hannah Arendt and others have noted, the similarities between totalitarian regimes as outwardly different as Nazi Germany and Soviet Russia or Communist China included the ideologically driven targeting of identifiable small minorities for systematic violence by majorities in power. Even Tony Blair’s supposedly Cool Britannia today, besides having the most notorious soccer hooligans in the world, is also a place where no individual, non-white or white, will pass a drunken mob of adolescent school-children on the streets on a Friday night without trepidation.

 

 

Every case of mob violence is different; yet what could be common is a temporary, if deliberate, suspension of the normal human sense of responsibility on part of a mob’s individual members. Reason and responsibility return if at all only after the evil has been accomplished ~ whether it is killing or assaulting someone or destroying something ~ and it can be accompanied by a sense of remorse and regret. Even where mob tyranny has been systematic, long-term, ideologically-driven and state-sponsored, as with the Inquisition or French Revolution or Nazi, Soviet or Chinese terrors, future generations look back at the past misdeeds of their ancestors and say: “That was wrong, very wrong, it should never have happened”. Moral learning does take place at some time or other, even if it is long after the evil has occurred. It is as if, when sobriety and rationality return, an individual participant in a mob realises and recognises himself/herself to have revealed a baser ignoble side which is shameful.

 

 

“Sometimes a society acts as if all power lay in the hands of the most babyish and animal members, and sometimes as if all power lay in the hands of strict old men, and sometimes it acts more as a whole ~ mostly when there’s a war on. Sometimes a man is not himself and acts as if a babyish or cunning animal had gained control ~ that’s the id ~ sometimes as if an exacting parent, a sarcastic schoolmaster, or an implacable deity possessed him ~ that’s the super-ego. Sometimes a man is more himself and acts more as a whole, a new whole which is not a combination but a synthesis of the id and the super-ego. Some are constantly at the mercy of the id, some are slaves to the super- ego, and in some first one and then the other gains an unhappy victory in a continual struggle, and in some conflict and control have vanished into cooperation…” Such was the description the Cambridge philosopher John Wisdom gave in Philosophy and Psychoanalysis in the 1940s and 1950s, when he translated into normal idiomatic language some of the difficult technical findings and theories of the mind propounded by Sigmund Freud in the previous half-century.

 

 

When the mob forms itself, its members individually choose to suppress their normal rational personalities and sense of adult responsibility, and permit instead their cunning animal or babyish instincts to take over and reign supreme within themselves. It must be a collective decision even if silently taken: for one person to behave in such a manner would look identifiably stupid and criminal but for him/her to do so in a group where everyone has simultaneously decided to abandon reason (whether spontaneously or shouting slogans together) allows the loss of individual responsibility to become hidden in the mass, and the collective to take on features of a hydra-headed monster, capable of the vilest deeds without the slightest self-doubt. The victim of their violence or abuse will often be an individual who stands out in some way ~ perhaps by natural or social attributes or even by heroic deeds: indeed Freud suggested that primitive tribes sometimes engaged in parricide and regicide, cannibalising their individual heroes in the belief that by consuming something of the hero’s remains those attributes might magically reappear in themselves.

 

 

In modern India, the presence of mob violence on a monthly basis somewhere or other in the country gives the lie to our claims of maturity of our political and democratic development. Those posing as our political leaders may make as many foreign trips and wooden prepared speeches on TV as they wish to, but their actual cowardice is manifest in having failed to address the real disjunction that exists in this country between political interests and political preferences at the grassroots on the one hand, and the lack of serious parliamentary conversation addressing these within our representative institutions on the other. The reliance by the Executive on often brutal police or paramilitary forces reflects failure of the Legislative and Judicial branches of our Government, as well as a lack of balance between them arising from our political and constitutional immaturity.

Milton Friedman: A Man of Reason, 1912-2006

A Man of Reason


Milton Friedman (1912-2006)

 

First published in The Statesman, Perspective Page Nov 22 2006

 

Milton Friedman, who died on 16 November 2006 in San Francisco, was without a doubt the greatest economist after John Maynard Keynes. Before Keynes, great 20th century economists included Alfred Marshall and Knut Wicksell, while Keynes’s contemporaries included Irving Fisher, AC Pigou and many others. Keynes was followed by his younger critic FA Hayek, but Hayek is remembered less for his technical economics as for his criticism of “socialist economics” and contributions to politics. Milton Friedman more than anyone else was Keynes’s successor in economics (and in applied macroeconomics in particular), in the same way David Ricardo had been the successor of Adam Smith. Ricardo disagreed with Smith and Friedman disagreed with Keynes, but the impact of each on the direction and course both of economics and of the world in which they lived was similar in size and scope.

 

Friedman’s impact on the contemporary world may have been largest through his design and advocacy as early as 1953 of the system of floating exchange-rates. In the early 1970s, when the Bretton Woods system of adjustable fixed exchange-rates collapsed and Friedman’s friend and colleague George P. Shultz was US Treasury Secretary in the Nixon Administration, the international monetary system started to become of the kind Friedman had described two decades earlier. Equally large was Friedman’s worldwide impact in re-establishing concern about the frequent cause of macroeconomic inflation being money supply growth rates well above real income growth rates. All contemporary talk of “inflation targeting” among macroeconomic policy-makers since the 1980s has its roots in Friedman’s December 1967 presidential address to the American Economic Association. His main empirical disagreement with Keynes and the Keynesians lay in his belief that people held the intrinsically worthless tokens known as “money” largely in order to expedite their transactions and not as a store of value – hence the “demand for money” was a function mostly of income and not of interest rates, contrary to what Keynes had suggested in his 1930s analysis of “Depression Economics”. It is in this sense that Friedman restored the traditional “quantity theory” as being a specific theory of the demand for money.

 

Friedman’s main descriptive work lay in the monumental Monetary History of the United States he co-authored with Anna J. Schwartz, which suggested drastic contractions of the money supply had contributed to the Great Depression in America. Friedman made innumerable smaller contributions too, the most prominent and foresighted of which had to do with advocating larger parental choice in the public finance of their children’s school education via the use of “vouchers”. The modern Friedman Foundation has that as its main focus of philanthropy. The emphasis on greater individual choice in school education exemplified Friedman’s commitments both to individual freedom and the notion of investment in human capital.

 

Friedman had significant influences upon several non-Western countries too, most prominently India and China, besides a grossly misreported episode in Chile. As described in his autobiography with his wife Rose, Two Lucky People (Chicago 1998), Friedman spent six months in India in 1955 at the Government of India’s invitation during the formulation of the Second Five Year Plan. His work done for the Government of India came to be suppressed for the next 34 years. Peter Bauer had told me during my doctoral work at Cambridge in the late 1970s of the existence of a Friedman memorandum, and N. Georgescu-Roegen told me the same in America in 1980, adding that Friedman had been almost insulted publicly by VKRV Rao at the time after giving a lecture to students on his analysis of India’s problems.

 

When Friedman and I met in 1984, I asked him for the memorandum and he sent me two documents. The main one dated November 1955 I published in Hawaii on 21 May 1989 during a project on a proposed Indian “perestroika” (which contributed to the origins of the 1991 reform through Rajiv Gandhi), and was later published in Delhi in Foundations of India’s Political Economy: Towards an Agenda for the 1990s, edited by myself and WE James.

 

The other document on Mahalanobis is published in The Statesman today for the first time, though there has been an Internet copy floating around for a few years. The Friedmans’ autobiography quoted what I said in 1989 about the 1955 memorandum and may be repeated: “The aims of economic policy (in India) were to create conditions for rapid increase in levels of income and consumption for the mass of the people, and these aims were shared by everyone from PC Mahalanobis to Milton Friedman. The means recommended were different. Mahalanobis advocated a leading role for the state and an emphasis on the growth of physical capital. Friedman advocated a necessary but clearly limited role for the state, and placed on the agenda large-scale investment in the stock of human capital, encouragement of domestic competition, steady and predictable monetary growth, and a flexible exchange rate for the rupee as a convertible hard currency, which would have entailed also an open competitive position in the world economy… If such an alternative had been more thoroughly discussed at the time, the optimal role of the state in India today, as well as the optimum complementarity between human capital and physical capital, may have been more easily determined.”

 

A few months before attending my Hawaii conference on India, Friedman had been in China, and his memorandum to Communist Party General Secretary Zhao Ziyang and two-hour dialogue of 19 September 1988 with him are now classics republished in the 1998 autobiography. Also republished there are all documents relating to Friedman’s six-day academic visit to Chile in March 1975 and his correspondence with General Pinochet, which speak for themselves and make clear Friedman had nothing to do with that regime other than offer his opinion when asked about how to reduce Chile’s hyperinflation at the time.

 

My association with Milton has been the zenith of my engagement with academic economics, with e-mails exchanged as recently as September. I was a doctoral student of his bitter enemy yet for over two decades he not only treated me with unfailing courtesy and affection, he supported me in lonely righteous battles: doing for me what he said he had never done before, which was to stand as an expert witness in a United States Federal Court. I will miss him much though I know that he, as a man of reason, would not have wished me to.

Subroto Roy

On a Liberal Party for India

NON-EXISTENT LIBERALS

By SUBROTO ROY

First published in The Sunday Statesman October 22 2006, Editorial Page Special Article


Communists, socialists and fascists exist in the Left, Congress and BJP-RSS ~ but there is a conservative/”classical liberal” party missing in Indian democracy today

We in India have sorely needed for many years a serious “classical liberal” or “conservative” political party. Major democratic countries used to have such parties which paid lip-service at least to “classical liberal” principles. But the 2003 attack on Iraq caused Bush/McCain-Republicans to merge with Hilary-Democrats, and Blair-Labour with Tory neocons, all united in a cause of collective mendacity, self-delusion and jingoism over the so-called “war on terror”. The “classical liberal” or “libertarian” elements among the Republicans and Tories find themselves isolated today, just as do pacifist communitarian elements among the Democrats and Labour. There are no obvious international models that a new Indian Liberal Party could look at ~ any models that exist would be very hard to find, perhaps in New Zealand or somewhere in Canada or North Eastern Europe like Estonia. There have been notable individual Indian Liberals though whom it may be still possible to look to for some insight: Gokhale, Sapru, Rajagopalachari and Masani among politicians, Shenoy among economists, as well as many jurists in years and decades gone by.

What domestic political principles would a “classical liberal” or conservative party believe in and want to implement in India today? First of all, the “Rule of Law” and an “Efficient Judiciary”. Secondly, “Family Values” and “Freedom of Religious Belief”. Thirdly, “Limited Government” and a “Responsible Citizenry”. Fourthly, “Sound Money” and “Free Competitive Markets”. Fifthly, “Compassion” and a “Safety Net”. Sixthly, “Education and Health for All”. Seventhly, “Science, not Superstition”. There may be many more items but this in itself would be quite a full agenda for a new Liberal Party to define for India’s electorate of more than a half billion voters, and then win enough of a Parliamentary majority to govern with at the Union-level, besides our more than two dozen States.

The practical policies entailed by these sorts of political slogans would involve first and foremost cleaning up the budgets and accounts of every single governmental entity in the country, namely, the Union, every State, every district and municipality, every publicly funded entity or organisation. Secondly, improving public decision-making capacity so that once budgets and accounts recover from having been gravely sick for decades, there are functioning institutions for their proper future management. Thirdly, resolving J&K in the most lawful and just manner as well as military problems with Pakistan in as practical and efficacious a way as possible today. This is necessary if military budgets are ever going to be drawn down to peacetime levels from levels they have been at ever since the Second World War. How to resolve J&K justly and lawfully has been described in these pages before (The Statesman, “Solving Kashmir” 1-3 December 2005, “Law, Justice and J&K”, 2-3 July 2006).

Cleaning up public budgets and accounts would pari passu stop corruption in its tracks, as well as release resources for valuable public goods and services. A beginning may be made by, for example, tripling the resources every year for three years that are allocated to the Judiciary, School Education and Basic Health, subject to tight systems of performance-audit. Institutions for improved political and administrative decision-making are necessary throughout the country if public preferences with respect to raising and allocating common resources are to be elicited and then translated into actual delivery of public goods and services.

This means inter alia that our often dysfunctional Parliament and State Legislatures have to be inspired by political statesmen (if any such may be found to be encouraged or engendered) to do at least a little of what they have been supposed to be doing. If the Legislative Branch and the Executive it elects are to lead this country, performance-audit will have to begin with them.

The result of healthy public budgets and accounts, and an economy with functioning public goods and services, would be a macroeconomic condition for the paper-rupee to once more become a money that is as good as gold, namely, a convertible world currency again after having suffered sixty years of abuse via endless deficit finance at the hands of first the British and then numerous Governments of free India that have followed.

It may be noticed the domestic aspects of such an agenda oppose almost everything the present Sonia-Manmohan Congress and Jyoti Basu “Left” stand for — whose “politically correct” thoughts and deeds have ruined India’s money and public budgets, bloated India’s Government especially the bureaucracy and the military, starved the Judiciary and damaged the Rule of Law, and gone about overturning Family Values. While there has been endless talk from them about being “pro-poor”, the actual results of their politicization of India’s economy are available to be seen with the naked eye everywhere.

One hundred years from now if our souls returned to visit the areas known today as India, Pakistan, Bangladesh etc, we may well find 500+ million inhabitants still below the same poverty-line despite all the gaseous prime ministerial or governmental rhetoric today and projections about alleged growth-rates.

If the Congress and “Left” must oppose any real “classical liberal” or conservative agenda, we may ask if the BJP-RSS could be conceivably for it. The answer is clearly not. The BJP-RSS may pontificate much about being patriotic to the motherland and about past real or imagined glories of Indian culture and religion, but that hardly ever has translated concretely into anything besides anti-Muslim or anti-Christian rhetoric, or breeding superstitions like astrology even at supposedly top technological institutes in the country. (Why all astrology is humbug, and a pre-Copernican Western import at that, is because all horoscopes assume the Sun rotates around the Earth in a geocentric solar system; the modern West’s scientific outlook arose only after astrology had declined there thanks to Copernicus and Galileo establishing the solar system as heliocentric.)

As for a “classical liberal” economic agenda, the BJP in Government transpired to be as bad if not worse than their adversaries in fiscal and monetary profligacy, except they flattered and were flattered by the organised capital of the big business lobbies whereas their adversaries flatter and are flattered by the organised power of the big labour unions (covering a tiny privileged class among India’s massive workforce). Neither has had the slightest interest in the anonymous powerless individual Indian citizen or household. The BJP in Opposition, instead of seeking to train and educate a new modern principled conservative leadership, appear to wish to regress even further back towards their very own brand of coarse fascism. “Family Values” are why Indian school-children have become the envy of the world in their keen discipline and anxiety to learn – yet even there the BJP had nothing to say on Sonia Gandhi’s pet bill on women’s property rights, whose inevitable result will be further conflict between daughters and daughters-in-law of normal Indian families.

At the root of the malaise of our political parties may be the fact we have never had any kind of grassroots “orange” revolution. There has been also an underlying national anxiety of disintegration and disorder from which the idea of a “strong Centre” follows, which has effectively meant a Delhi bloated with power and swimming in self-delusion. The BJP and Left are prisoners of their geriatric leaderships and rather unpleasant ideologies and interest-groups, while the Congress has failed to invent or adopt any ideology besides sycophancy. Let it be remembered Sonia Gandhi had been genuinely disdainful of the idea of leading that party at Rajiv’s death; today she has allowed herself to become its necessary glue. The most salubrious thing she could do for the party (and hence for India) is to do a Michael Howard: namely, preside over a genuine leadership contest between a half-dozen ambitious people, and then withdraw with her family permanently from India’s politics, focusing instead on the legacy of her late husband. Without that happening, the Congress cannot be made a healthy political entity, and hence the other parties have no role-model to imitate. Meanwhile, a liberal political party, which necessarily would be non-geriatric and non-sycophantic, is still missing in India.

New Foreign Policy? (8-9 Oct 2006)

NEW FOREIGN POLICY? “Kiss Up, Kick Down”?

Seven phases of Indian foreign policy may be identifiable since Nehru; the current phase seems to involve subservience to the strong, jingoism otherwise

 

by Subroto Roy

 

First published in The Sunday Statesman 8 Oct 2006, The Statesman 9 Oct 2006 Editorial Page Special Article

 

 

The outlines of a new tri-partisan Indian foreign policy may be becoming discernible. That it is “new” or that it commands near unanimity among the Congress, BJP and “Left” and their respective friends in the Indian media and political classes, does not make it sound or robust in any way. In fact, its basis in the history, geography and economics of India is wholly inadequate, and it is also entirely divorced from any clearly enunciated new Indian political ethics for the modern world.

 

 

The new policy, which may be fairly dubbed the Jaswant-Manmohan policy after the BJP and Congress politicians who have been its putative authors and leading practitioners, is as likely as not to lead to an India that is no longer a free decision-maker in any meaningful way in world affairs by 2047, one hundred years after Independence. Our great grandchildren may well be taught that for some decades in Indian history a sovereign unitary republic actually existed which then came to be effectively lost.

 

 

Indeed the new policy may amount to being less a coherent new doctrine of India’s role in international relations than a mere change in attitude on the part of politicians, bureaucrats and their intelligentsia friends: from seeming universally arrogant in the world to becoming pliant and subservient towards those world powers perceived (accurately or inaccurately) as strong, combined with a vainglorious jingoism towards all others. It is an application to international diplomacy and politics of the classic bureaucratic principle of “kiss up, kick down” in an organisation, and may reflect the fact the two main institutions the Mughals and British used to run their empires were the bureaucracy and military ~ both of which have grown and continued to run New Delhi (and Islamabad) afterwards, co-opting whatever domestic political development that has arisen. There is plenty of wishful waffling too about India becoming a “great power” or being a “swing state in the global balance of power”, and about how well the economy is supposedly doing ~ as if what Government spokesmen say about the economy is to be believed at face-value. Indian Leftists and their fellow-travellers ~ as great lovers themselves of bureaucracy, collectivist groupthink and propaganda on the USSR or PRC pattern, and fearful or envious of all individual criticism, creativity and achievement – have taken to the same principle like fish to water.

 

 

The first phase of Indian foreign policy was Nehruvian in that it began with Nehru’s Fabian misperception of Stalin’s USSR, and ended with the military debacle he led the country into at the hands of Zhou’s “human wave” armies in the mountains of Ladakh and NEFA.

 

 

A second phase was Kashmir-centric, overlapping with the first insofar as it may be traced to Karan Singh’s iniquitous dismissal of Sheikh Abdullah’s first Government, but really beginning after Nehru’s death with the Ayub-Abdullah summit, and being marked by Ayub’s 1965 attack in J&K ~ Shastri’s riposte reaching the Ichogil Canal signalled that no longer would war over J&K be confined to J&K.

 

 

A third phase was forced on India by the Pakistani civil war that led to Bangladesh’s creation, and was marked by the Indira/ Haksar alliance with Brezhnev’s USSR, as well as by Pokhran-I.

 

 

A fourth phase of Indian foreign policy may be identified in the late 1970s and 1980s, marked by rebellion of the fundamentalist Sikhs whom Indira and Sanjay Gandhi had provoked, which led in due course to her assassination. The turmoil that followed in Punjab and North India was financed by anti-Indian Sikhs from Vancouver,California and Britain, with gleeful help from the Pakistanis, and Indian diplomats had their hands full in trying to counter that phenomenon. It was during this phase of domestic Indian turmoil that New Delhi wholly missed the seismic changes occurring in the USSR, East Europe and international relations generally, and completely failed to predict its consequences for India.

 

 

The phase came to end when the Narasimha Rao Government (upon advice of a well-known communist cabal in the IFS and JNU) instantly showered praise on the anti-Yeltsin coup in August 1991. When Yeltsin returned to power, the new anti-communist Russians took their revenge on New Delhi, exacting hard dollars for the soft rouble-trade of friendlier times.

 

 

A fifth phase may be seen in retrospect as one of relative success.The main plank of Indian foreign policy in the late 1980s and early 1990s was to get Pakistan designated a “terrorist state” in American eyes, as well as to warn of the dangers of a Pakistani nuclear bomb. It had been prompted by the end of American involvement in the Afghan war, which caused the ISI to shift the jihadis to J&K, and the Indian policy was destined not to succeed. No matter how hard Kanwal Sibal tried in 1992-1993 as Minister-Political in the Washington Embassy to tell the Americans that their Pakistani friends were dangerous, he was destined to fail as the MEA had entirely failed to realise how far ahead the Pakistanis were in their lobbying power in Washington ~ the Pakistani super-elite has been entrenched among the K-Street lobbyists and in expensive real-estate along the Potomac River for more than two generations. Yet after the 9/11 attacks several years later, the Indians were able to look back at that fifth phase and say to the Americans, “We told you so”.

 

 

In the late 1990s came a short-lived sixth phase of Pokhran-II and the Lahore bus-trip, which may be credited as Vajpayee successes, and also contained the Kargil War and Kandahar hijacking, which were more dubious. This overlapped with the last and currently continuing seventh phase of Indian foreign policy with Jaswant Singh breaking the ice with the Americans when they had recovered from the fact the CIA’s failures included not foreseeing Pokhran-II; it coincided too with Osama bin Laden’s declarations of jihad against the USA. The Americans enlisting themselves on the side of the Northern Alliance to defeat the Taliban after 9/11 was beneficial from an Indian standpoint since Afghanistan had been effectively lost to secular Indian influence for two decades, and the Taliban had shown themselves no friends of India during the Kandahar hijacking.

 

 

But the BJP’s anti-Muslim thought processes quickly took over, as did its proximity to organised business lobbies. When Iraq was attacked and occupied in 2003, there was hardly a whimper from the BJP leadership, and instead their businessmen friends started to fly to Amman hopeful of “reconstruction” contracts. The Sonia/ Manmohan Congress/Leftist combine has effectively continued and expanded that trend, though now the business lobbies have been much more muted and subtle, especially in their backroom dealings and payoffs with respect to the nuclear deal. There is also an occasional burst of anti-Americanism from leftists though it is hard of course to beg for American foreign investment in Marxist-run areas while also being sincere in quaint street demos or agitprop.

 

 

Running through the new foreign policy is a fiction that it is driven by a new economic motivation to improve development and mass well-being in India. The bizarre idea of creating hundreds of so-called “Special Economic Zones” (reminiscent of 17th and 18th Century colonial fortifications) illustrates this. India’s ordinary anonymous masses ~ certainly the 850 million people entirely outside the organised sector ~ have little or nothing to do with any of this. Benefits will accrue only to the ten million Indian nomenclatura controlling or having access to the gaping exit holes to the outside world in the new semi-closed economy with its endless deficit finance paid for by unlimited printing of an inconvertible domestic currency.

 

 

It is as fallacious to think private investment from foreign or domestic businessmen will support public “infrastructure” creation as it is to think foreign exchange reserves are like tax revenues in being available for Government expenditure on “infrastructure”. Such fallacies are intellectual products of either those who know no economics at all or those who have forgotten whatever little they might have been once mistaught in their youth. What serious economics does say is that Government should generally have nothing to do with any kind of private business, and instead should focus on properly providing public goods and services, encourage competition in all avenues of economic activity and prevent or regulate monopoly, and see to it all firms pay taxes they are due to pay.

 

 

That is it. It is as bad for Government to be pampering organised foreign or domestic business or organised labour with innumerable subsidies, as has been happening in India for decades, as it is to make enterprise difficult with red tape and hurdles. Businessmen are grown ups and should be allowed to freely risk their capital and make their profits or their losses without public intervention.

 

 

An economics-based policy would have single-mindedly sought to improve the financial condition of every governmental entity in the country, with the aim of improving the provision of public goods and services to all 1,000 million Indians. If and when budgets of all governmental entities become sound, foreign creditors would automatically line up before them with loans to sell, and ambitious development goals can be accomplished. As long as public budgets (and public accounts) remain in an outrageous shambles, nothing can be in fact achieved and only propaganda, corruption and paper-money creation results instead. Whatever economic growth does occur is due to new enterprise and normal technological progress, and is mostly despite and not because of New Delhi’s bureaucrats (see “The Dream Team: A Critique”, The Statesman 6-8 January 2006).

 

 

The first aspect of the new Indian foreign policy has been for Government to become wholly ingratiating towards any and all “First World” members visiting India who may deign to consider any kind of collaboration whatsoever. The long line of foreign businessmen and heads of government having photo-ops with the Indian PM began with Vajpayee and has continued with Manmohan, especially when there is a large weapons’ or commercial aircraft or other purchase to be signed. The flip-side has been ministerial and especially Prime Ministerial trips abroad ~ from Vajpayee’s to a Singapore golf-cart immediately after commiserating Gujarat, to Manmohan receiving foreign honorary doctorates while still holding public office.

 

 

Subservience to foreign business interests in the name of economic policy extends very easily to Indian naval, military or diplomatic assets being used to provide policing or support services for the great powers as and when they may ask for it. Hence, Indian naval forces may be asked by the Americans to help fight pirates in the Indian Ocean, or escort this vessel or that, or India may be asked to provide refuelling or base facilities, or India may be requested to vote against Iran, Venezuela or whomever here or there. But there would be absolutely no question of India’s role in international politics being anything greater than that of a subaltern or comprador whose response must be an instant “Ji, Huzoor”. The official backing of the Tharoor candidacy was as futile and ridiculous as the quest for UN veto-power or the willingness to attend G-8 summits as an observer.

 

 

While subservience towards the First World’s business and military interests is the “kiss up” aspect of the new foreign policy, an aggressive jingoism towards others is the “kick down” aspect. One influential voice among the media friends of the new foreign policy states it as follows: “The search for `equity oil’ has been the single most important new element of Indian economic diplomacy in recent years… Equity oil raises India’s stakes in the stability of regimes or even individuals who preside over these resources… the big question is how far would India go in defence of `regime stability’ elsewhere? And if it’s assets fall into hostile hands, would India be prepared to consider promoting `regime change’?” Just as surely as a pacifist Fabian socialist Nehru misperceived Stalin’s USSR, New Delhi’s new capitalistic jingoists have misperceived the Cheney-Rumsfeld grab for “equity oil” and have even defined Bush-Blair adventurism as being “the side of the angels”. How they must love to want to project Indian military force ~ paratroopers in the Maldives perhaps, though they need to recall what happened with the LTTE too!

 

 

Multiple Jallianwalla Bagh massacres may have been occurring in front of us in Iraq, Afghanistan and Balochistan, and there may soon be an attack on Iran too. New Delhi’s new “kiss up, kick down” attitude has rendered India’s once-dignified and sober voice silent, our eyes closed or our face turned away.

 

 

The obvious alternative to bureaucratic “kiss up, kick down” would be “kick up, kiss down” loved by all individualists and anti-bureaucrats. In other words, it would be for India to take each case and circumstance in international politics on its merits; be seen to stand up seriously to the powerful in world politics wherever and whenever necessary; seek to protect those who may be vulnerable to international or other brutality in world affairs, while getting on properly with the mundane business of ordinary government and commerce at all other times. That mundane business may call for a gradual withdrawal of India from all or most of the fancy, corrupt international bureaucracies in New York, Washington, Geneva etc, focussing calmly but determinedly instead on improved administration and governance at home. Such was what Rajiv Gandhi was advised in January 1991 (see “Memos to Rajiv,” The Statesman 31 July-2 August 1991; Freedom First October 2001), when for one futile moment he even formed a peaceful bridge between the Americans and Saddam during the first Gulf War. The New Delhi establishment may be too intoxicated with power and insecure intellectually to be able to reflect on such sober alternatives.

Is Balochistan Doomed?

Is Balochistan Doomed?

by Subroto Roy

 

First published  in The Sunday Statesman Editorial Page Special Article Sep 3 2006

 

Nawab Mohammad Akbar Khan Bugti’s death (apparently in a cave that was precision-bombed by the Pakistani military using American equipment after he had spoken on a Thuraya satellite-phone) lengthens Pakistan’s list of political killings and assassinations, many still unsolved.  Liaquat Ali Khan, Dr Khan Sahib, ZA Bhutto and sons as well as their enemy Zia ul Haq, are prominent members of the list. The Rule of Law is better in India to the extent we tend to solve and punish our major assassinations.

Bugti’s killing is symptomatic of many of Pakistan’s continuing ills, not least of which is the continuing inability of the military to comprehend politics as a discipline that accommodates competing interests and uses two-way dialogue, not one-way instruction, as its method. There is also the personal failure of Pervez Musharraf, seven years after his coup détat, to transform himself into Pakistan’s first genuine statesman in many years. Musharraf is a well-read, well-spoken soldier who sees himself as a man of destiny but he has quite simply failed to recognise statesmanship requires far more than personal ambition; he has become a Napoleon at home and a Quisling abroad when what he aspired to become was Pakistan’s Attaturk.

The roots of Pakistan’s Balochistan problem are depthless. When Pakistan was first created, Punjabis constituted 25 per cent of the population but 77 per cent of the new armed forces. East Bengalis constituted 55% of the population ~ a fact inevitably leading to the idea of a “one-unit West Pakistan wing” governing itself independent of the numerical majority of Bengali-speakers. Equally inevitably perhaps, this led to Punjabi military domination of East Pakistan; the history of Bangladesh’s creation is too well-known to need recitation here except to say the Mukti Bahini, like Balochi separatists today, were incapable of taking on Pakistan’s military on their own.

After Bangladesh’s secession, Pakistan became the four areas originally named in Iqbal’s 1930 speech conceptualising a Muslim country in North Western India (which, incidentally, excluded J&K despite Iqbal having been Kashmiri). Pakistan’s Pashtun and Baloch highlanders were never of Hindu/Indian origin, whereas the plainsmen consisting of Punjabis, Sindhis and migrants from India were (despite protestations and pretensions), closely related to their Hindu/Indian cousins and neighbours. Muslim and Hindu religious and cultural beliefs and practices may be very different, but DNA testing would likely identify most of the subcontinent’s Muslims and Hindus as ethnically indistinguishable from a scientific point of view.

The central fact driving and explaining Pakistan’s political history has been that the idea of Pakistan arose in the subcontinent’s Muslim-minority areas, not among the peoples of the areas that today constitute Pakistan ~ least of all the Baloch (viz., F Robinson in WE James & S Roy (eds) Foundations of Pakistan’s Political Economy). Having created a country based on an ideology imported by a handful of super-elite Indian migrants like Jinnah and Liaquat, serious political conversation and democratic nation-building of a high order was required immediately from Pakistan’s national statesmen to make the enterprise a success. That was never forthcoming simply because there were no such national statesmen, only rather thick bungling soldiers and some corpulent corrupt politicians. In an alternative universe in which ZA Bhutto had been born a generation earlier, things might have been different. Musharraf’s efforts since his January 2002 speech to become an intelligent modern soldier-statesman amount to far too little, far too late, rather the way the French physiocrats were too late and came to be swept away by revolution.

The Baloch are a tribal people who defeated and later assimilated the Dravidian(?)-Brahui inhabitants of the area. For most of their modern history they were independent though owed nominal allegiance to the Afghan ruler in Kabul. The 19th Century British created a strip known as “British Balochistan” including Quetta and Sibi, but were interested in the region solely to the extent it controlled access to Afghanistan and otherwise left the Khan of Kalat to himself. The British also annexed Sindh from a Balochi dynasty. In the 21st Century, it has become Balochistan not Afghanistan which has immense economic potential and strategic value in international politics. Yet its future must be filled with foreboding because Musharraf’s military-business state, goaded on by Western and Chinese business and military interests, has recognised its potential and begun to behave ruthlessly against Balochis as a result. Balochistan contains Pakistan’s reserves of uranium, coal, gold, silver, copper, aluminium, and of course plentiful natural gas at Sui. The Makran Coast had been gifted by the Khan of Kalat to Oman, and was bought back by Pakistan in 1958. Development of Gwadar and Ormara ports and naval bases (whose strategic value is self-evident) and a road link through the Karakoram to Sinkiang have now become top Pakistani and Chinese military and business priorities.

Gwadar real-estate speculation is rampant among Lahore and Rawalpindi’s military-businessmen, while two Chinese workers were killed in Gwadar by Balochi nationalists in 2004 causing ruthless Punjabi reprisals. Also, the Americans have long had secret CIA-built bases in Pasni and Dalbandin in Baloch territory, which are being used presently in military operations in Afghanistan; their Pashtun/Taliban enemy also use Quetta and northern Balochistan for rest and recuperation while fighting in Afghanistan! And Balochistan’s caves are where Pakistan’s nuclear-armed F-16s against India are hidden. The Balochi are a small, poor, traditionally peaceful, politically divided tribal minority of perhaps 6.5 million people spread sparsely over this vast arid area that constitutes more than 48% of Pakistan’s present territory. Despite the pretensions of an articulate expatriate rebel elite (including even a self-styled Government-in-Exile based in Jerusalem dreaming of a secular free Balochistan), Baloch guerrilla fighters are wholly incapable of taking on the organised military might of the Pakistani state, armed by America and China. The expansion of Pakistan’s 74 million Punjabis, 30 million Sindhis and 17 million Pashtun into Balochistan seems as inevitable at present as the expansion of the Han Chinese into Tibet ~ a similarity doubtless noted by Musharraf’s Communist Chinese friends and advisers. Also, because there are two million Balochis in Iranian Balochistan, Pakistan’s Balochi nationalists have had a declared enemy to their west in the Iranian Government ~ the Pahlevi regime even provided Italian-made American Huey helicopter gunships with Iranian pilots to help Bhutto crush the Baloch rebellions of the early 1970s. In fact, Balochi rebels have had no military allies except the pre-communist Government of Afghanistan under Daud, who “ordered the establishment of a training camp at Qandahar for Baloch liberation fighters. Between 10,000 and 15,000 Baloch youths were trained and armed there” (R Anwar, The Tragedy of Afghanistan 1988, p. 78). The Governments of India or the United States lack motivation or capability to help, and Balochistan may be doomed to becoming a large human rights/genocidal disaster of the next decade.

An independent Balochistan may be unviable, being overwhelmed by its riches while having too small, uneducated and backward a population of its own, and powerful greedy neighbours on either side. In effect, a weak Balochistan has been divided rather like a weak Poland was divided by Hitler and Stalin in the Ribbentrop-Molotov pact.

Today, the Pashtun of Pakistan and Afghanistan (as well as perhaps Sindhis of Baloch origin) may be the only interlocutors who can prevent a genocide and mediate a peace between Balochi nationalists and Musharraf’s ruthless Punjabi military-businessmen determined to colonize Balochistan completely with Chinese help, effectively subsidising their misgovernance elsewhere with Balochistan’s riches. Like Bhutto and Zia, Musharraf has chosen military suppression and failed to see the only way forward for Pakistan is political accommodation of both Baloch and Pashtun aspirations and desires, while solving Pakistan’s grave fiscal and monetary problems separately. The terms of a peaceful accommodation could involve e.g., a vertical administrative division of Pakistan between its tribal highlander peoples and its Indus Valley plainsmen (viz., The Statesman 16 July 2006) followed by slow, steady, sustainable development and modernization consistent with tribal cultural wishes ~ not Shanghai or World Bank capitalism. To be a man of destiny, Musharraf must transcend the military-business complex he rules over and reduce its role in Pakistani life, not increase it. Statesmanship involves taking risks for a noble cause and these are the main risks he needs to address and build a national consensus upon. Instead, he has enhanced military capabilities and seems hell-bent (perhaps on advice of his MBA prime minister) on ruthless exploitation of Balochistan as a Lahore/ Rawalpindi colony. It is the road to catastrophe.

(NB The original article said grandsons of Nawab Bugti had been killed with him, but this is not confirmed.)

Revisionist Flattery of Indira Gandhi

Inder Malhotra’s Indira Gandhi : A Review Article
by Subroto Roy
First published in The Statesman May 7 2006

Indira Priyadarshini Nehru was fortunate to have been a handsome woman born to an eminent and indulgent father and grandfather. Despite her lack of higher education or significant worldly wisdom or experience, she acquired enough of an aura of being born to rule that she became Congress Party President in 1959 at age 41, and India’s most dramatic Prime Minister from 1966-1977 and again from 1980-1984 when she was assassinated. She was lucky too that the Zoroastrian man she married did not have one of the many long and colourful surnames Indian Zoroastrians can have, but coincidentally shared the same surname as modern India’s founder. Hence arose the iconic name and personage known as Indira Gandhi.

“The evil that men do lives after them, the good is often interred with their bones”, said Shakespeare. Indira Gandhi’s one and paramount good deed as India’s leader and indeed as a world leader of her time was to have fought a war that was so rare in international law for having been unambiguously just. And she fought it flawlessly. The cause had been thrust upon her by an evil enemy’s behaviour against his own people, an enemy supported by the world’s strongest military power with pretensions to global leadership. Victims of the enemy’s wickedness were scores of millions of utterly defenceless, penniless human beings. Indira Gandhi did everything right. She practised patient but firm diplomacy on the world’s stage to avert war if it was at all possible to do. She chose her military generals well and took their professional judgement seriously as to when to go to war and how to win it. Finally, in victory she was magnanimous to the enemy that had been defeated. Children’s history-books in India should remember her as the stateswoman who freed a fraternal nation from tyranny, at great expense to our own people. As a war-leader, Indira Gandhi displayed extraordinary bravery, courage and good sense.

Unfortunately, this was the only arena in which these virtues of hers came to be expressed. India’s serious history-books, beyond those written for or read by children, need to record that her sheer ignorance of the fundamentals of domestic statecraft as well as her caprice, arrogance and hubris caused permanent harm to India’s polity in innumerable dimensions from which we have yet long to recover. On advice first of her childhood acquaintance, the proto-communist P. N. Haksar, and later of her ruffian unprincipled younger son Sanjay, she single-handedly destroyed India’s nascent parliamentary traditions, federalism, the Rule of Law, and its most important political party; the integrity of the civil services, judiciary, police, intelligence services and other public institutions; as well as monetary and fiscal prudence Beside this, she and her younger son Sanjay contributed to destroying communal harmony and political stability in the Punjab, while she and later her older son Rajiv contributed to do the same in Kashmir. She exulted in the personality cult, courtier culture and durbar politics of her father and grandfather.

Many pertinent questions about the personal and political life of Indira Gandhi have remained to be answered by any serious modern biographer. Her relationships with her husband and his rival for her time and affections, her father, remain in darkness, as does, after their deaths, her relationship between 1967- 1974 with Haksar, her key adviser. Her capacity and her failures as a mother to two very different sons also remain unclear. Her own lack of education was transmitted to them and neither succeeded at what he studied to be, though at least Rajiv became a gentleman. Her father had been an indifferent husband to Kamala and she an indifferent wife to Feroze — the most important thing her sons may have done with their lives was to have married women she did not choose for them, and then to have become well-loved spouses themselves. As mother-in-law, her petulant bullying of the young Sikh widow of Sanjay, mother of an infant child at the time, remains to be contrasted with her apparent warmth and generosity towards her Italian-born elder daughter-in-law. All such questions would be ones of feminine gossip or TV-soap operas in case of any ordinary woman but assume political significance for Indians because of the inordinate impact she, her father, her sons and their widows have had on India’s modern history. Why all of India’s national-level politics have acquired a gossipy joint-family tone about them is because she projected onto them no high and universally known political principles whatsoever, but merely her own personal experiences and desire for popularity.

The book at hand provides almost no new fact or insight on any relevant extant personal or political question about Indira Gandhi at all. The one exception has to do with a brief discussion of her relationship with Lal Bahadur Shastri which reveals her naked ambition most clearly, though the author is too ingratiating to wish to draw such a conclusion himself. He meekly deflects blame for her faults onto exogenous random shocks like monsoon failures, the rise in petroleum prices or other uncontrollable international events, or the ill-will of others. The most fawning apologists and cultists are quoted with approval: Sanjay was merely “inept”, the Emergency was brought on by its victims and not such a bad thing really, the Shah Commission resembled “a Chinese people’s court”, Maneka was a “rebellious chit of a girl”, etc. Two decades later, we must expect the greatest detachment and calm objectivity in any serious treatment of this complex stateswoman’s life. What we have instead received — at a time when Rajiv’s widow is in power in Delhi and Haksar’s protégé is her PM, while The Mitrokhin Archives II are published — is a clear attempt at revisionist flattery, complete with Indira’s face smiling at us at the start of every chapter and old propaganda photos from the PIB. This is deeply unfortunate coming from the National Book Trust. Indeed, neither she nor her father deserve further inquiry and reflection today more than do their respective spouses, Feroze Gandhi and Kamala Nehru, both of whom died prematurely.

Modern World History

MODERN WORLD HISTORY

by Subroto Roy

First published in The Sunday Statesman, Editorial Page Special Article May 7 2006

MUCH as we in India might like to think we were the central focus of Britain’s national life in the 19th and 20th Centuries, we were not. India’s matters were handled mostly by a senior cabinet minister to whom the governor-general or viceroy reported. Though possession and control of India gave the British a sense of mission, self-importance and grandeur, and events in India (mostly bad ones) could hog the newspapers for a few days, it was never the case that India dominated Britain’s political consciousness or national agenda for any length of time. British prime ministers and diplomatists, from Pitt through Canning, Palmerston, Peel, Gladstone, Granville, Disraeli and Salisbury, mostly had other concerns of foreign policy, mostly in Europe and also in the Americas, Africa, and the Near and Far East. India was peripheral to their vision except as a place to be held against any encroachment.

A French historian used to begin lectures on British history saying “Messieurs, l’Angleterre est une ile.” (“Gentlemen, Britain is an island.”) The period of unambiguous British dominance of world diplomacy began with Pitt’s response to the French Revolution, and unambiguously ended in 1917 when Britain and France could have lost the war to Germany if America had not intervened. Since then, America has taken over Britain’s role in world diplomacy, though Lloyd George and Churchill, to a smaller extent Harold Wilson, and finally Thatcher, were respected British voices in world circles. Thatcher’s successor Major failed by seeming immature, while his successor Blair has failed by being immature to the point of being branded America’s “poodle”, making Britain’s loss of prestige complete.

Between Pitt and Flanders though, Britain’s dominance of world affairs and the process of defining the parameters of international conduct was clear. It was an era in which nations fought using ships, cannon, cavalry and infantry. The machine-gun, airpower and  automobile had been hardly invented. Yet it is amazing how many technological inventions and innovations occurred during that era, many in Britain and the new America, vastly improving the welfare of masses of people: the steam-engine, the cotton gin, railways, electricity, telecommunications, systems of public hygiene etc. The age of American dominance has been one of petroleum, airpower, guided missiles and nuclear energy, as well as of penicillin and modern medicine.

It was during the period 1791-1991, between the French Revolution and the collapse of the Union of Soviet Socialist Republics, that world diplomacy created the system of “Western” nation-states, from Canning’s recognition of Mexico, Brazil, Argentina, Colombia etc to the emergence of the European Union. There is today peace in Europe and it has become unthinkable there will be war between e.g. France and Germany except on a soccer pitch. Even the unstable Balkans have stabilised. The transition from British to American dominance occurred during and because of the 1914-1918 World War, yet that war’s causes had nothing to do with America and hence America’s rise has been somewhat fortuitous. The War superficially had to do with those unstable Balkans in the summer of 1914 and the system of alliances developed over the previous 100 years; beneath was the economic rise of the new Germany.

Austro-Hungary went to war against Serbia, causing Germany its ally into war with Russia, Serbia’s ally. Belgium’s neutrality was guaranteed through British diplomacy by the Treaty of London in 1839 signed by Austria, France, Britain, Russia and Prussia. This “scrap of paper” Germany tore up to invade Belgium on 4 August 1914, because it was easier to attack France through Belgium than directly as most French generals had expected. Though Germany had no dispute with France, France was Russia’s ally, and the Germans had long-feared fighting on two fronts against larger but more slowly mobilising forces. Violation of Belgian neutrality caused Britain into war with Germany. So all Europe was at war from which it would fail to extricate itself without American intervention. This arrived in 1917 though it too had been provoked by German submarines sinking American ships in the Atlantic. The actual impact of American forces entering the battlefields was small, and it was after the Armistice, when the issue arose of reparations by Germany to everyone and repayments by Britain and France to America, that America’s role became dominant. New York took over from London as the world’s financial capital.

Woodrow Wilson longed to impose a system of transparent international relations on the Europeans who had been used to secret deals and intrigues. He failed, especially when America’s Senate vetoed America’s own entry into the League of Nations. America became isolationist, wishing to have nothing more to do with European wars ~ and remains to this day indifferent towards the League’s successor. But the War also saw Lenin’s Bolsheviks grab power after Russia extricated itself from fighting Germany by the peace of Brest-Litovsk. And the Armistice saw the French desire to humiliate and destroy German power for ever, which in turn sowed the seeds for Hitler’s rise. And the War also had led to the British making the Balfour Declaration that a Jewish “National Home” would arise in Palestine in amity and cooperation with the Arabs. The evolution of these three events dominated the remainder of the 20th Century ~along with the rise and defeat of an imperialist Japan, the rise of communist China, and later, the defeat of both France and America in Vietnam.

Hitler invaded Poland on 1 September 1939, and Britain and France declared war on Germany on 3 September. The next day in faraway India, the British in a panic started to place Jinnah on an equal footing as Gandhi ~ astounding Jinnah himself as much as anyone since his few supporters had lost the 1937 elections badly, especially in the provinces that today constitute the country he wished for. After the defeat and occupation of Germany and Japan, America’s economic supremacy was unquestionable. Utterly exhausted from war, the British had no choice but to leave India’s angry peoples to their own fates, and retreated to their fortified island again ~ though as brown and black immigration increased with the end of Empire, many pale-skinned natives boarded ships for Canada, Australia and New Zealand.  America came to have much respect for its junior British ally during the fight against Hitler and later in the political battle against the USSR. It was Thatcher who (after battling Argentina in the South Atlantic) led Reagan to make peace with Gorbachov. With the end of Soviet communism, Germany would be unified again. All across Christendom there was peace for the first time ever, and a militarily powerful nuclear-armed Israel had been created too in the old Palestine. In this new period of world history, the Security Council’s permanent members are the modern version of the “Great Powers” of the 19th Century. The American-led and British-supported destruction of Baathist Iraq, and threatened destruction of Khomeinist Iran mark the final end of the League of Nations’ ethos which had arisen from the condemnation of aggression. In Osama bin Laden’s quaint idiom, there seems a battle of “Crusaders” and “Zionists” against Muslim believers. Certainly Muslim believers (which means most Muslims as there are relatively few agnostics and atheists among them) think that it is obvious that the Universe was created, and that its Creator finally and definitively spoke through one human being in 7th Century Arabia. Many people from North Africa to the Philippines are not often able to conceive how things might have been otherwise. The new era of history will undoubtedly see all kinds of conversations take place about this rather subtle question.

Communists and Constitutions

COMMUNISTS & CONSTITUTIONS

By SUBROTO ROY
first published in The Sunday Statesman, Editorial Page, Special Article,

January 22, 2006

Constitutions and communists do not go together. The most glaring example comes from Russia — the Motherland not only of modern communism but also of great brave individual souls like Aleksandr Solzhenitsyn and Andrei Sakharov, and the many other men and women who struggled to defeat communism there over seven decades. Before Russia managed to liberate herself from communism — i.e. before the Communist Party of the Soviet Union began under Mikhail Gorbachev and Boris Yeltsin to liberate itself from itself in the late 1980s — the only genuine elections that ever occurred in the country were to the Constituent Assembly of November 1917.

That Constituent Assembly was a multiparty legislative body and it happened to have a large anti-Bolshevik majority. It met only once in January 1918 and was destroyed under Lenin immediately because it quite naturally refused to adopt Bolshevik proposals. Under the Czar, the “Constitutional Democratic Party” (the “Cadets”), formed in 1905, “constituted the most dangerous ranks of revolution”. Under the government of the proletariat, the very same Cadet Party represented “the most dangerous ranks of reaction” (Solzhenitsyn). Constitutionalists inevitably end up battling both the Fascists of the Right and the Communists of the Left. As Hannah Arendt made clear, the organisation of totalitarian governments whether of Hitler’s Germany or Stalin’s USSR or Mao’s China were remarkably similar in nature. Upon seizing power in November 1917, Russia’s Bolsheviks attacked the constitutionalists first, outlawing the Cadet Party and arresting its members, and doing the same to students, workers and soldiers associated with the “Alliance for the Constituent Assembly”.

This is not a coincidence. Communists and fascists are powered by instincts of grabbing State political power for themselves any which way they can, in order to impose by brute force on everyone else the rather shoddy obsolete ideologies they subscribe to themselves. Karl Marx himself most famously said the words “I am not a Marxist”. Communists and fascists cannot stand the idea of the anonymous individual citizen standing up on his or her own; their instinct is one which cannot attribute credit to the individual person for any good that may be done, instead purloining it into a fake “collective” effort. Similarly, errors cannot be simply acknowledged, and instead responsibility is diffused all around until nobody remembers who said or did what or when, and all history becomes a jumble.

Every great scientific and artistic achievement has been an expression of individual genius, often against the reactionary collective will. And constitutions from Magna Carta onwards have been built on the idea of protecting the anonymous, powerless individual citizen against the violent arbitrary power of the established State and its comprador organisations. Britain and America may have contributed their share of evil to world history but they have made up for at least some of it by pioneering Anglo-Saxon constitutional jurisprudence. It may be no coincidence Britain and America have been home to the greatest outpourings of human creativity and invention in modern times, from the steam engine to the Internet.

In fact it has been a singularly American contribution to pioneer the very idea that parliamentary majorities themselves need to be restrained from their own baser proclivities. In 1767, before America had herself become free from British rule, the British Parliament once issued a declaration that a parliamentary majority could pass any law it saw fit. It was greeted with an outcry of horror in Britain’s American colonies. Patrick Henry of Virginia — later famous for his cry “Give me Liberty or give me Death” — led the battle for the anonymous free individual citizen against the arbitrary power that comes to be represented by the herd or mob instincts even of elected parliamentary majorities. Constitutions are written to protect parliaments and peoples from themselves.

The philosopher John Wisdom, who translated the subtle work of Wittgenstein and Freud into normal idioms, once said: “Sometimes a society acts as if all power lay in the hands of the most babyish and animal members, and sometimes as if all power lay in the hands of strict old men, and sometimes it acts more as a whole — mostly when there’s a war on. Sometimes a man is not himself and acts as if a babyish or cunning animal had gained control — that’s the id — sometimes as if an exacting parent, a sarcastic schoolmaster, or an implacable deity possessed him — that’s the super-ego. Sometimes a man is more himself and acts more as a whole, a new whole which is not a combination but a synthesis of the id and the super-ego. Some are constantly at the mercy of the id, some are slaves to the super-ego, and in some first one and then the other gains an unhappy victory in a continual struggle, and in some conflict and control have vanished into cooperation…”

Similarly, we may say that political processes in any country appear to often give play to the most “babyish” and “cunning animal” instincts of the society, while at other times the “strict old men” or “exacting parent” take over. The constant struggle of political reasonableness is to find the rational, normal national self that rests in between.

India at present has been set upon an unproductive and pointless course of inevitable Constitutional collision between Parliament and the Supreme Court. That course has been singly set by the present Speaker even though every attempt is being made now to diffuse his responsibility for the situation that has arisen, so that soon nobody will be able to remember exactly what happened or why. The incumbent Speaker, instead of being wholly self-effacing as called for by the job-requirements of the high and grave office he holds, has remained too much of a normal parliamentary advocate. Before grave irreparable damage comes to be done to India’s Parliamentary and Constitutional traditions, he needs to return at once to the Front Benches of the Communist Party of India (Marxist) as a distinguished senior Member of the House, and from there make whatever arguments he wishes about Parliament’s rights under the Constitution. The high self-effacing office of the Speaker is not from where such arguments as he has been making should be made — unless India’s Parliament and Constitution are soon to be thrown into the dustbin for ever (as has similarly happened for half a century across the border with our Pakistani cousins).

The incumbent Speaker is right that the Supreme Court does not oversee Parliament. The Supreme Court oversees something greater than Parliament, namely, India’s Constitution. Parliament, its Speaker, its Prime Minister, the President of India, and the Supreme Court itself are all creatures of the Constitution. However, the Constitution of India that was adopted on 26 January 1950 is not sui generis a creature of itself. It is the outcome of a clear and well-known constitutional history which has among its modern milestones the Government of India Act of 1935, and thence all the ancient milestones of Anglo-American constitutional jurisprudence going back to Magna Carta. And India’s Supreme Court — sitting not in any of its normal division benches but as a Constitutional Bench — does indeed have jurisdiction, indeed it has sole jurisdiction, over whether India’s Constitution is being made to suffer crimes or misdemeanours at the hands of India’s Government or Parliament of the day. For the Speaker to decline to receive a notice from the High Court is an irrelevancy; many people who are served notices ignore them; it does not reduce jurisdiction by an iota. An “All-Party” meeting of MPs can rail all it wants against the Supreme Court — even the whole of the present Parliament can pass as many unanimous resolutions as they want against the Supreme Court. They will only make themselves look silly and petulant in the eyes of history. As for the BJP Opposition in particular, the present situation may make it perfectly clear that there is not among them a single, principled, liberal constitutionalist hidden in their proto-fascistic ranks.

 

The Dream Team: A Critique

The Dream Team: A Critique

by Subroto Roy

First published in The Statesman and The Sunday Statesman, Editorial Page Special Article, January 6,7,8, 2006

(Author’s Note: Within a few weeks of this article appearing, the Dream Team’s leaders appointed the so-called Tarapore 2 committee to look into convertibility — which ended up recommending what I have since called the “false convertibility” the RBI is presently engaged in. This article may be most profitably read along with other work republished here: “Rajiv Gandhi and the Origins of India’s 1991 Economic Reform”, “Three Memoranda to Rajiv Gandhi”, “”Indian Money & Banking”, “Indian Money & Credit” , “India’s Macroeconomics”, “Fiscal Instability”, “Fallacious Finance”, “India’s Trade and Payments”, “Our Policy Process”, “Against Quackery”, “Indian Inflation”, etc)

1. New Delhi’s Consensus: Manmohantekidambaromics

Dr Manmohan Singh has spoken of how pleasantly surprised he was to be made Finance Minister in July 1991 by PV Narasimha Rao. Dr Singh was an academic before becoming a government economic official in the late 1960s, rising to the high office of Reserve Bank Governor in the 1980s. Mr Montek Singh Ahluwalia now refers to him as “my boss” and had been his Finance Secretary earlier. Mr Ahluwalia was a notable official in the MacNamara World Bank before being inducted a senior government official in 1984. Mr P Chidambaram was PVNR’s Commerce Minister, and later became Finance Minister in the Deve Gowda and Gujral Governments. Mr Chidamabaram is a Supreme Court advocate with an MBA from Harvard’s Business School. During 1998-2004, Dr Singh and Mr Chidambaram were in Opposition but Mr Ahluwalia was Member-Secretary of the Vajpayee Planning Commission. Since coming together again in Sonia Gandhi’s United Progressive Alliance, they have been flatteringly named the “Dream Team” by India’s pink business newspapers, a term originally referring to some top American basketball players.

Based on pronouncements, publications and positions held, other members or associates of the “Dream Team” include Reserve Bank Governor Dr YV Reddy; his predecessor Dr Bimal Jalan; former PMO official Mr NK Singh, IAS; Chief Economic Advisers Dr Shankar Acharya and Dr Ashok Lahiri; RBI Deputy Governor Dr Rakesh Mohan; and others like Dr Arvind Virmani, Dr Isher Ahluwalia, Dr Parthasarathi Shome, Dr Vijay Khelkar, Dr Ashok Desai, Dr Suman Bery, Dr Surjit Bhalla, Dr Amaresh Bagchi, Dr Govind Rao. Honorary members include Mr Jaswant Singh, Mr Yashwant Sinha, Mr KC Pant and Dr Arun Shourie, all economic ministers during the Vajpayee premiership. Institutional members include industry chambers like CII and FICCI representing “Big Business”, and unionised “Big Labour” represented by the CPI, CPI(M) and prominent academics of JNU. Mr Mani Shankar Aiyar joins the Dream Team with his opinion that a gas pipeline is “necessary for the eradication of poverty in India”. Mr Jairam Ramesh explicitly claimed authoring the 1991 reform with Mr Pranab Mukherjee and both must be members (indeed the latter as Finance Minister once had been Dr Singh’s boss). Dr Arjun Sengupta has claimed Indira Gandhi started the reforms, and he may be a member too. External members include Dr Jagdish Bhagwati, Dr. TN Srinivasan, Dr Meghnad Desai, Dr Vijay Joshi, Mr Ian Little, Dr Anne O. Krueger, Dr John Williamson, IMF Head Dr R Rato, and many foreign bank analysts who deal in Bombay’s markets. Harvard’s Dr Larry Summers joins with his statement while US Treasury Secretary in January 2000 that a 10% economic growth rate for India was feasible. His Harvard colleague Dr Amartya Sen — through disciples like Dr Jean Dreze (adviser to Sonia Gandhi on rural employment) — must be an ex officio member; as an old friend, the Prime Minister launched Dr Sen’s recent book while the latter has marked Dr Singh at 80% as PM. Media associates of the Dream Team include editors like Mr Aroon Purie, Mr Vinod Mehta, Dr Prannoy Roy, Mr TN Ninan, Mr Vir Sanghvi and Mr Shekhar Gupta, as well as the giddy young anchors of what passes for news and financial analysis on cable TV.

This illustrious set of politicians, government officials, economists, journalists and many others have come to define what may be called the “New Delhi Consensus” on contemporary India’s economic policy. While it is unnecessary everyone agree to the same extent on every aspect — indeed on economic policy the differences between the Sonia UPA and Vajpayee NDA have had to do with emphasis on different aspects, each side urging “consensus” upon the other — the main factual and evaluative claims and policy-prescriptions of the New Delhi Consensus may be summarised as follows:

A: “The Narasimha Rao Government in July 1991 found India facing a grave balance of payments crisis with foreign exchange reserves being very low.”

B: “A major cause was the 1990-1991 Gulf War, in its impact as an exogenous shock on Indian migrant workers and oil prices.”

C: “The Dream Team averted a macroeconomic crisis through “structural adjustment” carried out with help of the IMF and World Bank; hence too, India was unaffected by the 1997 ‘Asian crisis'”.

D: “The PVNR, Deve Gowda, Gujral and Vajpayee Governments removed the notorious license-quota-permit Raj.”

E: “India’s measurable real economic growth per capita has been raised from 3% or lower to 7% or more.”

F: “Foreign direct investment has been, relative to earlier times, flooding into India, attracted by lower wages and rents, especially in new industries using information technology.”

G: “Foreign financial investment has been flooding into India too, attracted by India’s increasingly liberalised capital markets, especially a liberalised current account of the balance of payments.”

H: “The apparent boom in Bombay’s stock market and relatively large foreign exchange reserves bear witness to the confidence foreign and domestic investors place in India’s prospects.”

I: “The critical constraint to India’s future prosperity is its “infrastructure” which is far below what foreign investors are used to in other countries elsewhere in Asia.”

J: “It follows that massive, indeed gargantuan, investments in highways, ports, airports, aircraft, city-flyovers, housing-estates, power-projects, energy exploration, gas pipelines, etc, out of government and private resources, domestic and foreign, is necessary to remove remaining “bottlenecks” to further prosperity for India’s masses, and these physical constructions will cause India’s economy to finally ‘take off’.”

K: “India’s savings rate (like China’s) is exceptionally high as is observable from vast expansion of bank-deposits, and these high (presumed) savings, along with foreign savings, will absorb the gargantuan investment in “infrastructure” without inflation.”

L: “Before the gargantuan macroeconomic investments bear the fruits of prosperity, equally large direct transfer payments also must be made from the Government to prevent mass hunger and/or raise nominal incomes across rural India, while existing input or other subsidies to producers, especially farmers, also must continue.”

M: “While private sector participants may increasingly compete via imports or as new entrants in industries where the public sector has been dominant, no bankruptcy or privatisation must be allowed to occur or be seen to occur which does not provide public sector workers and officials with golden parachutes.”

Overall, the New Delhi Consensus paints a picture of India’s economy on an immensely productive trajectory as led by Government partnered by Big Business and Big Labour, with the English-speaking intellectuals of the Dream Team in the vanguard as they fly between exotic conferences and international commercial deals. An endless flow of foreign businessmen and politicians streaming through Bangalore, Hyderabad, five-star hotels or photo-opportunities with the PM, followed by official visits abroad to sign big-ticket purchases like arms or aircraft, reinforce an impression that all is fine economically, and modern India is on the move. Previously rare foreign products have become commonplace in India’s markets, streets and television-channels, and a new materialist spirit, supposedly of capitalism, is captured by the smug slogan yeh dil mange more (this heart craves more) as well as the more plaintive cry pardesi jana nahin, mujhe chhorke (foreigner, please don’t leave me).

2. Money, Convertibility, Inflationary Deficit Financing

India’s Rupee became inconvertible in 1942 when the British imposed exchange controls over the Sterling-Area. After 1947 independent India and Pakistan, in name of “planned” economic development, greatly widened this war-time regime – despite the fact they were at war now only with one another over Jammu & Kashmir and, oddly enough, formed an economic union until 1951 with their currencies remaining freely convertible with each other.

On May 29 1984, the present author’s Pricing, Planning and Politics: A Study of Economic Distortions in India proposed in London that the Indian Rupee become a convertible hard currency again — the first time liberal economics had been suggested for India since BR Shenoy’s critique of the Second Five Year Plan (a fact attracting an editorial of The Times). The simple litmus test whether believers in the New Delhi Consensus have or have not the courage of their stated convictions – i.e., whether what they have been saying is, in its empirical fundamentals, more signal or noise, more reality or rhetorical propaganda – would be to carry through that proposal made 21 years ago. The Dream Team have had more than enough political power to undertake this, and it remains the one measure necessary for them to demonstrate to India’s people and the world that the exuberant confidence they have been promoting in their model of India’s economy and its prospects is not spurious.

What does convertibility entail?  For a decade now, India has had limited ease of availability of foreign exchange for traders, students and tourists. Indeed some senior Government monetary economists believe there is convertibility already except forex dealers are being allowed “one-way” and not “two-way” quotes! That is wrong. The Government since 1942 has requisitioned at the border all foreign exchange earned by exporters or received as loans or investment — allocating these first to pay interest and amortisation on the country’s foreign debt, then to make its own weapons and other purchases abroad, then to release by ration what remains to private traders, students, tourists et al. Current account liberalisation has meant the last of these categories has been relaxed, especially by removal of some import quotas. What a convertible Rupee would mean is far more profound. It would allow any citizen to hold and save an Indian money that was exchangeable freely (i.e. without Government hindrance) into moneys of other countries. Full convertibility would mean all the paper money, bank deposits and rupee-denominated nominal assets held by ordinary people in India becomes, overnight, exchangeable without hindrance into dollars, yens, pounds or euros held anywhere (although not of course at the “one-way” rates quoted today).

Now money is a most peculiar human institution. Paper money is intrinsically worthless but all of India’s 1,000 million people (from street children onwards) have need to hold it temporarily to expedite their individual transactions of buying and selling real goods and services. Money also acts as a repository of value over time and unit of account or measure of economic value. While demand to hold such intrinsically worthless paper is universal, its supply is a Government monopoly. Because Government accepts obligations owed to it in terms of the fiat money it has itself issued, the otherwise worthless paper comes to possess value in exchange. Because Government controls its supply, money also can be abused easily enough as a technique of invisible taxation via inflation.

With convertibility in India, the quantity of currency and other paper assets like public debt instruments representing fiscal decisions of India’s Union and State Governments, will have to start to compete with those produced by other governments. Just as India’s long-jumpers and tennis-players must compete with the world’s best if they are to establish and sustain their athletic reputations, so India’s fiscal and monetary decisions (i.e. about government spending and revenues, interest-rates and money supply growth) will have to start competing in the world’s financial markets with those of the EU, USA, Japan, Switzerland, ASEAN etc.

The average family in rural Madhya Pradesh who may wish, for whatever personal reason, to liquidate rupee-denominated assets and buy instead Canadian, Swiss or Japanese Government debt, or mutual fund shares in New York, Frankfurt or Singapore, would not be hindered by India’s Government from doing so. They would become as free as the swankiest NRI jet-setters have been for years (like many members of the New Delhi Consensus and their grown children abroad).  Scores of millions of ordinary Indians unconnected with Big Business or Big Labour, neither among the 18 million people in government nor the 12 million in the organised private sector, would become free to hold any portfolio of assets they chose in global markets (small as any given individual portfolio may be in value). Like all those glamorous NRIs, every Indian would be able to hold dollar or Swiss Franc deposit accounts at the local neighbourhood bank. Hawala operators worldwide would become redundant. Ordinary citizens could choose to hold foreign shares, real-estate or travellers’ cheques as assets just as they now choose jewellery before a wedding. The Indian Rupee, after more than 65 years, would once again become as good as all the proverbial gold in Fort Knox.

When added up, the new demand of India’s anonymous masses to hold foreign rather than Rupee-denominated assets will certainly make the Rupee decline in price in world markets. But — if the implicit model of India’s economy promoted by the Dream Team is based on correctly ascertained empirical facts — foreign and domestic investor confidence should suffice for countervailing tendencies to keep India’s financial and banking system stable under convertibility. Not only would India’s people be able to use and save a currency of integrity, the allocation of real resources would also improve in efficiency as distortions would be reduced in the signalling function of domestic relative prices compared to world relative prices. An honest Rupee freely priced in world markets at, say, 90 per dollar, would cause very different real microeconomic decisions of Government and private producers and consumers (e.g., with respect to weapons’ purchases or domestic transportation, given petroleum and jet fuel imports) than a semi-artificial Rupee at 45 per dollar which forcibly an inconvertible asset in global markets. A fully convertible Rupee will cause economic and political decisions in the country more consistent with word realities.

Why the Rupee is not going to be made convertible in the foreseeable future – or why, in India’s present fiscal circumstances if it was, it would be imprudent to do so – is because, contrary to the immense optimism promoted by the Dream Team about their own deeds since 1991, they have in fact been causing India’s monetary economy to skate on the thinnest of thin ice. Put another way, a house of cards has been constructed whose cornerstone constitutes that most unscientific anti-economic of assumptions, the “free lunch”: that something can be had for nothing, that real growth in average consumption levels of the masses of ordinary households of rural and urban India can meaningfully come about by nominal paper-money creation accompanied by verbal exhortation, hocus-pocus or abracadabra from policy-makers and their friends in Big Business, Big Labour and the media. (Lest half-remembered inanities about “orthodox economics” come to be mouthed, Maynard Keynes’s 1936 book was about specific circumstances in Western economies during the Depression and it is unwise to extend its presumptions to unintended situations.)

3. Rajiv Gandhi and Perestroika Project

On 25 May 2002, India’s newspapers reported “PV Narasimha Rao and Manmohan Singh lost their place in Congress history as architects of economic reforms as the Congress High Command sponsored an amendment to a resolution that had laid credit at the duo’s door. The motion was moved by…. Digvijay Singh asserting that the reforms were a brainchild of the late Rajiv Gandhi and that the Rao-Singh combine had simply nudged the process forward.”

Now Rajiv Gandhi was an airline-pilot and knew no economics. But the origins of the 1991 reform did come about because of an encounter he had, as Opposition Leader and Congress President from September 1990 onwards, with a “perestroika” project for India’s political economy occurring at an American university since 1986 (viz., The Statesman Editorial Page July 31-August 2 1991, now republished here; Freedom First October 2001). In being less than candid in acknowledging the origins of the reform, the Dream Team may have failed to describe accurately the main symptoms of illness that afflicted India before 1991, and have consequently failed to diagnose and prescribe for it correctly ever since.

The Government of India, like many others, has been sorely tempted to finance its extravagant expenditures by abusing its monopoly over paper-money creation. The British taught us how to do this, and in 1941-43 caused the highest inflation rates ever seen in India as a result. Fig. 1 shows this, and also that real growth in India follows as expected the trend-rate of technological progress (having little to do with government policy). Independent India has continually financed budget- deficits by money creation in a process similar to what the British and Americans did in wartime. This became most conspic