Real Democracy please for a civilised India!
“The right to exert all governmental powers in aid of
maintaining our institutions and resisting their physical overthrow does not
include intolerance of and persecution for ideas and opinions even though
they be opposed and alien to dominant thinking of the person or persons in
power.”
-Justice Khanna
-Indian Express. 21.5.85
This is Switzerland
“Every
soldier meanwhile has his weapon, ammunition and uniform at home.
There is no fear of revolutions. The Swiss are proud to have an accurate
rifle”, declares in its publication, the Government of Switzerland which is a
polyglot society and where compulsory military training is given to every
citizen of the country. We haven’t heard
of any kind of terrorism here.
This is Belgium
The
constitution proclaims very proudly that “Individual liberty is guaranteed”
(Art.7); “The Press is free; no form of censorship may ever be instituted; no
cautionary deposit may be demanded from writers, publishers or printers”
(Art.18); and, to cap it all, “The secrecy of correspondence is inviolable”
(Art.22). Such a liberty, in Belgium.
Yet we haven’t heard of any kind of terrorism there, although national
discord was the malaise that plagued that tri-lingual nation up to 1832. A
noteworthy aspect of the Belgian life is that all these Articles have never
been modified, ever since they were incorporated in their constitution 169
years ago in the year 1831.
And this is India
But
our Indian lawmakers are hell-bent on curbing the freedom of the people in
India. When they introduced the
Prevention of Terrorism Bill 2000, the
National Human Rights Commission expressed reservations about it. But, the bureaucrats of
the Home Ministry could not tolerate it. Mr. B.P. Jeevan Reddy, the Chairman of
the Law Commission has indeed done a real service in making it public that “The
project was not taken up by the Law Commission on its own. It was requested by
the Ministry of Home Affairs to do so”(The Hindu- 27.7.2000).
And
the Home Ministry’s official spokesman says that the “countries such as
Britain and the U.S. which have faced the onslaught of international terrorism
much less than India have comprehensive anti-terrorism laws with even stronger
provisions”. But, this was not based on fact. The MHA officials always believe
in propaganda to suit their interests. They do not want to run the nation as
per the desires of the people. They want the people of the nation to behave as
per the desire of the bureaucrats of the MHA. Mahatma Gandhi warned, “civil
liberty is not criminal liberty”
(Harijan, 23.10.1937). But, the MHA bureaucrats have the habit of
re-classifing civil liberty conferred upon the people into criminal offence.
As
far as Britain is concerned, the arrested or convicted terrorists have a right
of petition to the European Commission on Human Rights. The United Kingdom
accepts the jurisdiction of the European Court of Human Rights even as early as
in the Eighties, as could be seen from the booklet titled “Northern Ireland”,
published by the British Government and supplied by the British High
Commission. What is the comparable provision incorporated in the proposed
Prevention of Terrorism Bill-2000? Will Mr. Venkaiah Naidu who was “unable to
accept” (The Hindu. 15.7.2000) the views expressed by the NHRC answer this
question?
In the UK, the people have the right to bring
action against the security forces. The Hindu wrote an editorial
titled ‘Turning the tide in Punjab’ on 1.8.92 in which it acknowledged that
the security forces had inflicted unmerited punishment on the people
who are totally unconnected with the terrorist activities. “In a recent
incident in Behla village in Amritsar district, the security forces were
alleged to have used innocent persons as shields to fight hiding militants and
at the end of the encounter the killed villagers were branded as terrorists.
The episode raised storms of protest all over the State and the security forces
had come in for harsh criticism for their callousness. It is incidents such as
this that create resentment among the people who really want to see the end of
the militancy in the State. The Government which is keen on adopting drastic
security measures in Punjab cannot afford to alienate sections of the
community. It is here that the administration has to take the greatest care and
adopt a policy that will win for them the approbation of the people”. Is there
any provision in the proposed Bill like the one in the UK to bring action
against such “security” forces? Will the
official spokesman of the Ministry of Home Affairs answer this question?
In
the UK, the procedure to combat terrorism conforms to the International
Covenant on Civil and Political Rights. The traditional liberties, for
example, the freedom of the Press and of the Broadcasting authorities is not
meddled with.
But, Indian legislations
need not. Because, India is not a signatory to the aforesaid UN Covenant, in
spite of the fact that Mr. Jose Ayala Lasso, the UN Human Rights Commissioner
had recommended to the Indian Government to bring the TADA provisions in
conformity with the International Covenant on Civil and Political Rights, when
he visited India in May 1995 (The Hindu 13.5.1995). He wanted India to ratify
the convention on torture and its additional protocol also.
In
the UK, “The trial is in open court.” What is the position here in the proposed
Bill? Will the Home Ministry’s spokesman who said that Britain had “even
stronger provisions”, answer this question?
TERRORISM Vs. DEMOCRACY
Unlike the
primitive man, the modern man has found that differences and disputes could be
settled through discussions without resorting to violent methods. Yet, the
modern world witnesses violence by man in three situations:
(1) During the wars between two sovereign
nations,
(2) During the freedom struggles of the nations or nationalities and
(3) By the disgruntled individuals who indulge in retail violence to
achieve, what they call, their aim.
The first
type of violence is understandable as the warring nations generally explore and
exhaust all other avenues for settlement of their disputes and involve
themselves in wars only as a last resort. The second type of violence takes
place only because the nations or nationalities that are struggling for freedom
are subjugated mercilessly and are not permitted to take part in worthwhile
negotiations. But, those who do not care for discussions and deliberations at
all perpetrate the third type of violence.
The people
who indulge in the first and second types of violence build up public opinion.
In addition to carrying their own people with them, they mobilize world opinion
also for their cause. But, the people who resort to the third type of violence
live in their own world and do not care for public opinion.
Violence of
all types is to be denounced. But, the denunciation of the first type violence,
i.e., wars, is now practically left to the moralists. Only the second and third
types of violence have become the subject for discussion among the political
leaders, policy –makers and academicians around the world.
Conscience Vs. Convenience
There can be
no two opinions that indulging in the second type of violence is identified
with heroism and struggle for freedom, while the third type of violence is
equated with villainy and terrorism. But, one man’s hero being another man’s
villain, the answer to the question whether a particular man is indulging in
the second or third type of violence has just become a matter of opinion. But,
if at least, the third parties are responsible enough to stand by the truth,
the confusion, which arises from the identification of a terrorist, would not
arise. But, many or all the nations of the modern world are not governed their
conscience in policymaking but are concerned only with their own convenience.
They are always prepared to compromise the principles of justice to suit their
own political expediency. Their political outlook, survival outlook and selfish
outlook are clothed in the finer phrase called national outlook, which is an
equally narrow one. In the process, it is humanity that suffers; it is
civilization that receives a setback.
Thus spake the High Court
The second
type of violence cannot be weeded out
as long as one section of the humanity is subjugated or sought to be subjugated
by another section. Even the Indian freedom struggle that was led by Mahatma
Gandhi for 27 years had its own share of violence. And, that violence has
also been recognized as political struggle. The High Court of
Madras has held that even those who had not followed the path of non-violence
in the country’s freedom struggle come within the definition of freedom
fighters. In October 1984, the High court upheld the claim of Mr Kannan,
Vice-President of the Tamil Nadu branch of the Freedom Fighters Organisation
that he was a freedom fighter. Mr. Kannan and 19 others belonging to a
revolutionary organization were charged with committing offences against the
then Government between March 1932 and July 1933. Mr Kannan was found guilty in
what was known as the Madras Conspiracy case. Mr Justice G. Ramanujam said that
such people could not be excluded from the category of freedom fighters merely
because they did not believe in non- violence or their approach was different
from the path of non-violence. He observed: “Whether one pursues the path of
non-violence or violence, the aim is to secure freedom”… “and as such both categories could be called
political sufferers (R.R.Dalavi Vs.Union Government of India, Indian Express
Oct.21, 1984)
Thus spake the Centre
Our Indian
Government has rightly taken note of this imperative. While addressing a
session in the UN General Assembly Mr. P. Shiv Shankar, the former External Affairs
Minister had said, “Assassinations, hijackings bombings have meant the death of
hundreds of men, women and children. I wish to reiterate the total opposition
of my delegation to all acts of terror,
whether committed by individuals, groups or states. However, we support the
struggle of people under colonial and racist regimes and all sort of foreign
domination and occupation and of the national liberation movement against their
oppressors.”… “Their struggle must not be confused with terrorism.”(Indian
Express- September 28, 1986).
When,
soon after the SAARC summit in DEC. 1985 Mr Pritish Nandy of the Illustrated Weekly of India asked Mr .
Rajiv Gandhi about terrorism, Mr Rajiv Gandhi replied, “Well, it’s all a
question of definitions. When is terrorism a freedom movement? When does terrorism
versus human rights come in? These are the sort of gray areas, you know”(Article
of Mr.A.G.Noorani, ‘SAARC and Terrorism’ -Indian Express, February 21, 1986).
These
quotations prove that there exists the possibility, if not necessity,
for violence to creep into the freedom struggles. But, when does a freedom
movement acquire terrorism in its character? When does a freedom fighter become
a terrorist?
Thus spake the Hindu
The Hindu
of Chennai has answered this question beautifully. In substance, it said that a
terrorist is one who takes recourse to non – peaceful method, either without
exploring the peaceful path or without exhausting the non- violent methods for
the redressal of one’s grievances. If a solution could be achieved through
constitutional methods, i.e., when it appears that there is solution within the
rules of the game, when progress along constitutional lines are not blocked and
when the normal and legitimate political expectations are not repeatedly
frustrated, any resort to violence is not justified. (The Hindu Editorial July
7, 1984) Also, a terrorist is one who indulges in the killings of the innocent
civilians in his pursuit, irrespective of the fact whether he had or had not explored
the constitutional path, irrespective of the fact whether his grievance is a
genuine one or not, and irrespective of the fact whether his ideals are lofty
or not.
“The second point concerns the bogey of "terrorism" which Colombo imagines it can use in a bid to place India on the defensive. Since the very use of the term "terrorist‟ tends to pre-empt the argument it must be clarified that the phenomenon of militancy among the Lankan Tamil youth is primarily a political phenomenon, reflecting the maturing of the crisis. When progress along the constitutional lines becomes blocked, when normal and legitimate political expectations are repeatedly frustrated, when it appears that there is no solution within the rules of the game, historical experience demonstrates it is a situation tailor-made, for the development of militancy, including that part of it which takes recourse to non-peaceful methods”.
“The second point concerns the bogey of "terrorism" which Colombo imagines it can use in a bid to place India on the defensive. Since the very use of the term "terrorist‟ tends to pre-empt the argument it must be clarified that the phenomenon of militancy among the Lankan Tamil youth is primarily a political phenomenon, reflecting the maturing of the crisis. When progress along the constitutional lines becomes blocked, when normal and legitimate political expectations are repeatedly frustrated, when it appears that there is no solution within the rules of the game, historical experience demonstrates it is a situation tailor-made, for the development of militancy, including that part of it which takes recourse to non-peaceful methods”.
-Editorial in the Hindu on July 7, 1984
Any
discussion on the ways and means of containing terrorism should proceed only on
this basis, if it is to result in a meaningful decision. The line thus drawn
would then help us find out when the people who indulge in the second type of
violence cross their limits and become terrorists indulging in the third type
of violence. It is without losing sight of this fact and with the conviction
that the third type of violence must be condemned and contained, that we must
proceed for the anatomy of terrorism.
Declaring that the LTTE was not indulging in terrorism, The Hindu said as under:
This is Britain
Here, the
problem of terrorism in Northern Ireland and the ways and means adopted by the
British Government have been taken up for comparison and contrast with the
situation obtaining in India. Let us go through the version of the British
Government in this regard.
“A nationalist uprising in the Easter of 1916 was suppressed,
but the volunteer force known as the Irish Republican Army continued to wage a
Guerilla campaign against British administration to force its withdrawal from
Ireland. …After the 1969 disturbances, a group calling itself the provisional
IRA broke away from what became the official IRA and embarked on a campaign of
murder, bombing and violence with the aim of re-uniting Ireland on its own
terms. …From the start of the civil disturbances in 1969 to mid –July 1984 a
total of 2389 people (of this, 1668 were civilians) have died as a result of
terrorism in Northern Ireland and 26,418 (of this, 17, 797 were civilians) have
received injuries. The civilian deaths have included women and children; many
of the injured have been left with severe permanent disabilities such as
blindness, deafness or loss of limbs. Many of the deaths and injuries have been
the result of bombs exploding in crowded places like public houses, shops and
trains and by bombs hidden in vehicles. Many others have been caused by sectarian
shootings, frequently carried out in the victim’s homes and even in places of
worship. Over a thousand people, including youths have suffered injuries from
‘punishment’ shootings: these have often taken the form of knee-capping’,
shooting in the back of the leg and shattering the knee-cap.”
“In Great Britain too, there have been,
since 1973, intermittent outbreaks of terrorist violence, for which the
provisional IRA or the Irish National Liberation Army had claimed
responsibility. Terrorist acts have been chiefly in the form of letter bombs,
car bombs, and explosive devices hidden in public places, including public
houses; a total of 78 people have been killed and 1371 injured and, as in
Northern Ireland, a large proportion of the victims have been civilians”. Here,
although the Irish youth called themselves as freedom – fighters, their
activities bring them only within purview of the people who indulge in the
third type of violence. They are, therefore, to be categorized as terrorists
only. This, in spite of the sacrifice of Bobby Sands and nine others who
lost their lives by fasting unto death in 1981, demanding the status of
political prisoners. (Earlier, the European Commission on Human Rights had, in
June 1980, ruled that the IRA prisoners were not entitled to the status of
political prisoners either under the European Convention on Human Rights or
under the existing norms of international Law).
These paragraphs give us an idea of the
magnitude of terrorism in England. The magnitude of terrorism in India is too
well known to describe. Now, let us examine the approach of the respective
government to tackle this menace.
England Vs India - The contrast in
approach
Given the magnitude of terrorism, the
British Prime Minister Mrs Thatcher and the Home Minister Mr Brittan thought of
inflicting capital punishment on the terrorists. They viewed that the fear of
capital punishment would bring the law and order situation to a considerable
degree. In this background, a private bill was placed before the House of
Commons in July 1983. The motion was for the restoration of capital punishment
for murder (of any kind). But, “much of the debate was concentrated on the
question of terrorism.” Those who were asking for the restoration of hanging,
abolished 20 years back, had in the back of their mind, the Irish terrorism and
an increase in the number of robberies and some other categories of murder.
But, considering the nation–wide emotion the bill had aroused, no Party Whip
was used during the voting in the House of Commons. The MPs were allowed to
vote according to their conscience. The result: the bill was defeated by a
majority of 145.
The former Prime Minister Edward Heath, the
cabinet colleagues of Mrs Thatcher, Mr. Michael Heseltine and Sir Keits Joseph
were among those who voted against capital punishment. The pressures from
clergymen, moralists, intellectual jurists, etc., on the Parliamentarians,
against death penalty had been so great that they could not help rejecting the
motion. Wrote B. K Tiwari, a columnist, in the Indian Express, “Mrs Thatcher
must be feeling very sad that none of the six categories of murder, not even
death by shooting, explosion, or terrorism was accepted (by the House of
Commons) as a serious offence to call for capital punishment”. (News item
titled ‘Snub for Mrs. Thatcher’, by B.K. Tiwari – Indian Express- July 16,
1983) That was the case with the Lawmakers in Britain.
In India, the Terrorist and Disruptive
Activities (Prevention) Act, 1985 which provides for capital punishment for
anyone who commits a terrorist act if
such act has resulted in the death of any person, got through the parliament without
any debate worth its name in respect of this provision. It is
presumed that it was because the capital punishment had already been there in
our statue books. But, the Supreme Court had, in April 1983, struck down
mandatory and automatic death sentence for life-convicts found guilty of
murder.(Indian Express April 12, 1983). Yet it was lost sight of.
It is nobody’s case that those who deny
others their right to live should be let off lightly. But, the fact that our
parliamentarians did not even think that the issue was worth a debate speaks
volumes of the caliber of the people’s representatives in India. We have to
understand the difference between the perspectives of the Indians and those of
Britishers in regard to capital punishment, if we are to understand the other even
more important issues.
The law enforcing machinery in England has
also been given exceptional powers to deal with and prevent terrorist
activities. But, there is an essential difference between them and the Indian
legislations both in approach and in content. The British legislations approach
the problem keeping in mind the International Covenant. on Civil and Political
Rights. But India is not a signatory to it and its legislations are, therefore,
not in conformity with that Covenant. In content, the British legislations see
to it that the central principles of British justice are maintained. But,
India, which modelled its democracy on British lines, has dispensed with
these principles in its enactments.
The Northern Ireland (Emergency
provisions) Act, 1978(revised in 1984) provides for certain serious offences to
be tried by a High Court judge sitting alone without a jury. Such ending of
jury trials for those offences became necessary partly because of the
intimidation of juries and partly because of the danger in the divided
community of juries reading perverse verdicts. But, in spite of the absence of
the jury, the central principles of British justice are maintained; “the
trial is open court; the onus is on the prosecution to
prove the guilt beyond reasonable doubt.” But, in India, Sec.13 (1) of the
Terrorist and Disruptive Activities (Prevention) Act, 1985 says,
“Notwithstanding anything contained in the Code, all proceedings before a
designated court shall be conducted in camera; Provided that where
public prosecutor so applies, any proceedings or part thereof may be held in
open court”. Even the judge of the designated court has no discretion in
holding the enquiry in the open court. It is the public prosecutor, i.e.,
the government, which has that discretion. The onus is also, for all practical
purposes, on the accused and not on the prosecution.
In Britain, the Prevention of Terrorism
(Temporary provisions) Act, 1984 gives the police powers to arrest without
warrant people whom they reasonably suspect of being involved in terrorism
(whether international or related to Northern Ireland) and to hold them for 48
hours, and with the approval of the Home Secretary or the Secretary of State
for Northern Ireland for up to a further five days. But, in India the
Terrorist and Disruptive Activities (Prevention) Act, 1985 empowered the police
to haul a man on the vaguest of suspicions, place him before an executive
magistrate, not a judicial one, and hold him in detention for as long as a
year without having to furnish any one within that time the slightest bit
of evidence to show that they have a charge to make him answer to in a court of
law.
Hands off the
Traditional Liberties
In Britain, the procedure to combat
terrorism conforms to the United Nations Covenant on Civil and Political
Rights. The “traditional” liberties for example, the freedom of the
press and broadcasting authorities are not meddled with. The people are
free to form their own opinions and take their own decisions by hearing both
sides. But, the Indian legislations effectively curb the press freedom. The
term ‘disruptive activity’ has been given such a wide definition that it hangs
like the Damocles’ sword” over the heads of the journalists. Under Sec 5 of the
Act, even the legitimate grievances expressed by a section of the people can be
prevented from publication on the plea that it would cause dissatisfaction or
alarm or promote feelings of ill will, enmity or hatred between different
sections. We do not find any such enactment in the British soil,
where press freedom is held sacrosanct.
The Second Press Commission had, in
its report presented to the Parliament in November, 1982, said “If insurrection
and secessionist activities have their roots in economic neglect or
exploitation or apprehension of loss of cultural identity, the press could play
a useful role on two counts –one by bringing these to public notice and the
other by advocating adherence to lawful methods to grievances”. But there are
no takers.
In Britain, the B. B.C. refused to
oblige the government even during the Falklands war. It was regularly
broadcasting the versions of both the British and the Argentine Governments
during the war. When this drew criticism from many sections of the society, the
Director General of the B.B.C. said, “Sadly, the first casualty in wars is
Truth”. The B.B.C. however did not allow truth to become a casualty even during
the war and, in spite of protests from various sections of the British society.
But, in India, we have AIR and TV whose
credibility is always at the lowest ebb. Their bounden duty is only to assist
the government in manipulating the public opinion. They succeed in their
venture to some extent too. But, in the process, they do not render justice to
all. Justice, in fact, is found defeated by them.
Tackling the ‘effect’ and not the ‘cause’
The legislations that provide for severe
punishment to the terrorists deal only with the ‘effect’ of terrorism. It is only the assured freedom of the media that
deals with the ‘cause’ of terrorism. It also helps the nation find out the
ways and means, for removing the ‘cause’. In Britain, the policy makers not
only deal with the ‘effect’ factor effectively, but also see that there exists
no ‘cause’ for terrorists to build up public sympathy. That is why they assure
the freedom of the press and broadcasting authorities. But the Indian policy
makers do not only leave the ‘cause’ factor deliberately out of their
considerations but that they see to it that the ‘cause’ does not get any
publicity.
By attempting to convert the journalists
into spies the present government paves way for keeping the people in dark
about the other side of every case. The way the Indian Express had access to
the narcotic king and published in the year 1989 how all the political parties
had been accepting doles from him might not be repeated hereafter. The way Mr.
Vinod Mehta’s ‘ Independent’ had published in 1988 the stories of the
underground Kashmiri terrorists will not be possible hereafter. The Nakkeeran
may not take up the issue of Veerappan. These culprits may not make themselves
available to the newsmen anymore.
In Britain, the people have the right to
bring action against the security forces. This provision would appear to be
strange for Indians.
To cap it all, in Britain, the arrested or
convicted terrorists have a right of petition to the European Commission on
Human Rights. The United Kingdom Government accepts the jurisdiction of the
European Court of Human Rights. Such phenomenon is absent in India.
Yet it was claimed by
the Indian policy-makers that the Terrorist and Disruptive Activities
(Prevention) Act, 1985, which was made even more stringent in the year 1987
with the incorporation of a provision for the attachment of the property of the
terrorists, would be useful for weeding out terrorism. The claim was a dubious
one, especially when our policy-makers were afraid of free discussion of
various basic issues in the Press. But, the chances of its being used or
misused for political purposes were very much there, and the experience has
proved it to be so regarding the implementation of TADA. When MISA was enacted
in the early seventies, the opposition parties vehemently opposed it on the
ground that it would be used for political purposes. But, the Government
assured them more than once that it would not happen. But, what we saw
later was recent history.
Likewise, when the anti-terrorist bill was
placed in the Parliament the Opposition members expressed similar fears. But,
Mr S.B Chavan, the Home Minister sought to allay the fears “by asserting that
the law would not be used under any circumstances against political
movements”(Indian Express May 21, 1985). “He was at pains to establish a
distinction between a political movement which has a stated objective and
terrorism which has no purpose”(The Hindu May 21, 1985). What must however be
noted is that the legislation concerned does not contain any such specific
provision against such eventuality. We have only the solemn promise, the verbal
assurance, of the Minister in this regard.
And, ours is a land where there is a
tradition of giving promises, which are not in accordance with the letter of
the law we enact. The people also generally tend to believe that the
unwritten promises are more valid than the written enactments. We saw Hindi
being imposed on the non-Hindi people by our Constitution. But, we also saw
Nehru promising the people that he would leave it to the non-Hindi people to
decide when to replace English with Hindi. We also saw the Indo-Sri Lankan
agreement of 1987, which went side by side with some diametrically opposite
promises to the Tamil groups. In these cases and in other such situations,
it was only the written law or agreement which prevailed and the verbal
promises were not kept. History
bears ample testimony to this fact.
. Because, no
foolproof arrangement had been made in the legislation to safeguard the nation
against such a possibility.
There was another piece of legislation
passed by the Rajiv Government and sent for the assent of the President with
the avowed intention of curbing terrorism. And it did not have any equivalent
legislation in the British land. It was the Indian Post Offices (Amendment)
Bill, 1986, which gave unbridled power to the government to intercept the
mails. While introducing the bill, the Minister for Communications said that
the interception of mail would be undertaken only “if it was required or
expedient to, in the interest of the public safety or tranquility, sovereignty,
integrity and security to the country. Letters could also be intercepted to
safeguard friendly relations with foreign states or public order or for
preventing incitement to the commission of any offence”. (Indian Express
Dec.11, 1986).
He had, at that time, assured the
opposition “that the Government had no intention of harassing political
parties”. This is another instance of promising for something without
incorporating anything in black and white to that effect in the legislation
concerned. Nobody knows whether the persons who indulge in the aforesaid
anti-national activities rely upon the services of the postal department. To
the eternal fame of the then President Mr. Zail Singh, the notorious
legislation did not see the light of the day.
The tendency of the Indian policy-makers is just to terrorize the public
by citing the ‘effects’ of terrorism and amass and acquire draconian powers to
the powers that be and the executive and ultimately use that power only for the
suppression of the political opponents.
The only remedy
Terrorism as we have seen in the open paragraphs
is born out of stupidity. Terrorism of this kind and magnitude can be contained
only through public opinion. Public opinion would be on the right side
if -only if -we practice democracy, the perfect democracy. Democracy will have
pave way for the development of free society, which alone is the healthy
society. The universal conscience of such a society will never falter and it
will take care to see that there exists no reason for anyone to resort to
terrorism of any kind. For, it is not the voice of one man or two men but it is
the voice of entire mankind that is heard in democracy. “Man may doubt here and
there, but mankind does not doubt. The universal conscience is larger than the
individual conscience, and that constantly comes in to correct and check our
own infidelity”, said H.R Haweis.
Others
show the way
The contemporary
history also teaches us that the nations, which allowed the universal
conscience to control their affairs, are free from the menace of terrorism. Belgium, a trilingual nation, a democracy worth its
name in practice but monarchy in appearance holds some lessons for us to learn.
National discord was the malaise that plagued this nation for long. Yet, the
Belgians have demonstrated that the people of diverse language and culture
could live together and find unity in diversity. Their constitution proclaims:
“All Belgians are equal in the eyes of law” (Art. 6) “Individual liberty is
guaranteed” (Art. 7); The Press is free; no form of censorship may ever be
instituted; no cautionary deposit may be demanded from writers, publishers or
printers” (Art 18). And, to cap it all, Article 22 proclaims, “The secrecy of
correspondence is inviolable”. A noteworthy aspect of the Belgian life is that
all these Articles have never been modified, ever since they were incorporated
in their constitution 169 years ago, in the year 1831. And we haven’t heard of
terrorism of any kind in this trilingual Belgium.
And what is
the case with the poly-glot Switzerland? The Swiss are given compulsory military
training. “A Rifle For Every Man” has been the declared principle of the
Government of Switzerland. The Swiss Government proudly proclaims to the world
that “every soldier …..has his weapon, ammunition and uniform at home. There
is no fear of revolutions. The Swiss are proud to have a accurate
rifle”(“Switzerland” – by Herbert Meier – Information paper published by the
Swiss Government – Sixth Edition 4/81). Why does the Swiss Government have
no fear of revolutions? Why haven’t we heard of terrorism of any kind in
this part of the earth, especially when everyone is in possession of a rifle
and ammunitions?
The reasons
are not far to seek. These people, the Belgians and the Swiss, practice
democracy- the actual democracy. Terrorism and democracy are contradictory
to each other. We, the Indians, have not, so far made any serious attempt
to practice democracy. Let us face the reality. Men are imperfect. But these
imperfects have to live together. They have to live; they have to live
together. Nature has, however, provided a built in mechanism for these
imperfects to live together and make it a perfect society. And that mechanism
is democracy, in its truest sense. But, the million-dollar question is whether
we are assertive enough to make use of that mechanism. There is no need for any
separate new law to curb terrorism.
Let us curb terrorism by safeguarding the
real freedom of the press.
Terrorism is a crime.
Human nature is against crime.
So, terrorism is against human nature.
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