Cheering for the Pakistan cricket team is dangerous in democratic India

(Photo illustration: Shutterstock)

(Photo illustration: Shutterstock)

Shapoorjee Sorabjee, the first historian of cricket in India, had cautioned more than a century ago in 1897- “… to expect all political difference to disappear or all available self-interests to be foregone on the institution of cricket relations is to live in a fool’s paradise.” Sorabjee’s words echo loudly in the persecution of 67 Kashmiri Muslim students in the city of Meerut on March 6. Historian Ramachandra Guha’s statement- “post-independence, cricket was equated with patriotic virtue”, echoes louder.

These local college students had cheered the Pakistan cricket team which trounced India in a cricket tournament. In normal circumstances, cheering a team would not have been considered perfidious or criminal. Unless of course one is thrown back to 1945, when Orwell acerbically noted that there’s nothing like certain spectator sports to add to the fund of ill-will between nations and their populations. Or, more recently, to the times of Norman Tebbit and David Blunkett for whom a cricket match was the perfect crucible to test one’s loyalty to his country.

But Indo-Pak cricket matches are anything but “normal”. On the Indian side of the border, they are nothing but battles to be won, and once victory has been achieved, to be celebrated by humiliating, vilifying and demonising “the other”, that is, Muslims. And when there are Kashmiri Muslims, the viciousness is increased manifold.

So it happened that these students were charged with sedition, which under Indian criminal law, is equivalent to treason, and carries a maximum sentence of life imprisonment. The Bharatiya Janata Party (BJP), which in its present incarnation can give the British National Party and United Kingdom Independence Party lessons in jingoism and xenophobia, quickly bared its fangs, and raised a din about bringing these “terrorist” students to justice. Not unsurprising, when its senior leader and a proclaimed patron of cricket, states with pride that cricketing nationalism is an integral aspect of a person’s national identity. When the charges were withdrawn following a loud backlash, the BJP rushed to the election commission alleging that the ruling party in Uttar Pradesh (where Meerut is located) was violating the poll code by this act of pandering to anti-national Muslims.

This sordid affair brings back memories of March 2003. The police top brass in Calcutta had planned how to prevent Muslims from supporting Pakistan during the World Cup quarter-final against India. When India won, a precedent of sorts was set- the army chief, the prime minister and deputy prime minister rang up the players and congratulated them. Such praise is usually reserved for occasions when the team wins the tournament, and not a particular match. In Ahmedabad, riots broke out when Muslims were prevented from celebrating India’s win.

It is easy to excoriate the Hindu right wing parties, but rabid Islamophobia is par for the course in so far as they are concerned. The Meerut incident demonstrates a new use of sedition initiated not by the usual suspects but by a state government which professes to be secular.

An incident of 2010 brings out the novelty factor. Arundhati Roy had criticised the government for decades of brazen civil rights violations in Kashmir, and demanded that the people of the disputed territory be allowed to exercise their right of self-determination. The “patriotic” Hindu right went ballistic, and demanded that she be tried for sedition and also deported. Charges were pressed, and even some sections of the media were complicit in an all-out attack against her, as this report details.

But Meerut is not the bastion of the rabid fundamentalists, so what could have happened? The answer is found in the antecedents of the college administrators who went to the police in the first place.  The rector and chancellor are a retired police officer and army general, respectively. Representatives and agents of the Indian state, which has always used the sedition law to squelch dissent and perpetrate impunity. Almost like Omar Abdullah, the chief minister of the state of Jammu & Kashmir, who exposed his real stance by calling the charges harsh and unacceptable, and in the same breath, labelled the students’ actions as “wrong and misguided”. But more striking is the cynical opportunism by the government of Uttar Pradesh. It had done nothing to stop the bloody riots in Muzaffarnagar last year but beat the tin drum of it being “secular” to the core.  Taking it one step further, it used a law described as “objectionable and obnoxious” by none less than India’s first prime minister Jawaharlal Nehru, to curry favour with the majority Hindu constituency on the eve of national elections.

Whoever thought that the odious doesn’t have its productive uses?

This article was posted on March 27, 2014 at indexoncensorship.org

India’s media doesn’t dare violate the “Modi-fied” code of silence

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Step back to 23 February. In Delhi, the caretaker of Siddharth Varadarajan’s house was roughed up by goons who left a chilling threat. “Ask your employer to hold his tongue on television,” they thundered. Professor Nandini Sundar, Varadarajan’s wife, wasn’t spared either. A threat was left for her, because she had taken a state government to court for its use of militia against its own citizens.

“Where we needed investigations, we made announcements,” lamented veteran Indian journalist P. Sainath. His stinging rebuke was against the mainstream media’s deafening silence in the face of one of the worst agrarian crisis India had faced, back in 2008. In light of this code of silence, the reasons for the incident of 23 February become clear. Compare the Indian media’s coverage of that incident with the blitzkrieg of apoplexy which greeted Aam Aadmi Party chief Arvind Kejriwal’s threat to jail journalists whom he considered to be corrupt (sold out to the Bharatiya Janata Party (BJP) – against whom he has launched an all-out war), and things fall into perspective. In case of the former, there were the usual noises and clichéd responses– condemning growing intolerance, bemoaning the rapidly shrinking space of freedom of expression, so on and so forth. The latter — Kejriwal’s threat — was greeted with a vehemence and unanimity rarely seen in the Indian media.

Both Varadarajan, former editor of The Hindu, one of India’s most respected newspapers, and Professor Sundar, sociologist, academician and civil liberties activist, have earned a considerable degree of notoriety and opprobrium, which only seem to be increasing of late. The choicest invectives are reserved for them, especially for Varadarajan. Anti-national, traitors, and shameless espousers of terrorism — the list goes on. The reason? They have been trenchant critics of the aforementioned “announcement”, as well as of proclamations of innocence by the government of Chhattisgarh state, and by the BJP’s prime ministerial candidate and his humongous band of acolytes.

Chhattisgarh, a state in central India, has been the hotbed of insurgency, the causes of which are too many and complex to be addressed here. However, the BJP-ruled government had a novel solution — raise a band of state-sponsored militia, arm them to the teeth, grant them carte blanche powers to kill, rape, maim, plunder, and unleash them on the insurgents. Sundar has been a vocal critic of such “atrocious” “counter-insurgency measures” and in 2011, acting upon her petition, India’s Supreme Court outlawed the government’s policy. The court did not mince words in its censure of a government killing its own citizens in cold blood. The government has not taken too kindly to such strictures — while continuing to subvert the court’s order, it has also accused Sundar of complicity with the insurgents.

Varadarajan stands accused of and vilified for more egregious lying. He has demonstrated the temerity to tirelessly challenge one of the most vociferous of “announcements” — that Narendra Modi has been granted a “clean chit”, meaning exoneration from a civil or criminal charge, over his role in the bloodcurdling pogrom against Muslims in Gujarat 2002. Modi’s piece de resistance of exculpatory evidence is the report of an investigation team which declared that he had no role to play in either instigating the riots, or as Chief Minister of Gujarat, directing the police and administration under his watch to go for the kill.

Varadarajan has, with staggering perseverance, been taking a sledgehammer to this impunity. Be it blowing holes in the official reason being touted, editing a collection of essays nailing the official lies, speaking about the manufacturing of “truth” and consent by a craven media, speaking up for a scrupulously researched book which exposes the investigation and “clean chit” as travesty, or adhering to his journalistic principles and refusing to kowtow to the “Modi wave” — he has left no stone unturned. And paid for it, too. In fact, one of the reasons for his resignation from as venerated a paper as The Hindu was his staunch refusal to act as a megaphone for Modi’s propaganda.

Dissent and accountability are anathema to Modi. Especially if they threaten to rip apart his assiduously crafted and forcefully propagated image of exemplary governance, and of course, his squeaky clean hands in so far as the 2002 pogrom was concerned. A 2003 documentary was banned by censors (led by a Gujarat BJP politician) because “it shows the government and police in a bad light”. Journalist Manoj Shinde had to pay with jail time on charges of sedition for mustering the audacity to criticise Modi’s handling of massive floods in 2006.  And only three days ago, the police in Gujarat’s capital Ahmedabad ensured that a documentary challenging the “Modi-fied truth” did not get to be screened.

This article was published on 26 March 2014 at indexoncensorship.org

2020 vision: Who runs the internet?

(Image: Shutterstock)

(Image: Shutterstock)

Index on Censorship, in association with Doughty Street Chambers, invites you to attend our high-level panel discussion asking who runs the internet?

At a moment when the revelations on NSA and GCHQ mass surveillance are opening up a wide debate about our digital freedoms, our panel will discuss how free the net is today, and the main challenges that lie ahead. In the next couple of years, major international summits will debate new rules on internet governance, and whether to adopt a top-down approach as favoured by China and Russia, or maintain a more open, multistakeholder networked approach. Meanwhile, from the EU to Brazil, reactions to the Snowden’s revelations of mass snooping suggest there is a growing risk of fragmentation of the internet, with calls for forced local hosting of data.

We are delighted to be hosting speakers:

Bill Echikson – Head of Free Expression EMEA, Google

Richard Allan – Head of Europe, Middle East and Africa, Facebook

Tusha Mittal – formerly a correspondent for Tehelka and currently a Fellow at the Reuters Institute, Oxford University

Kirsty Hughes – CEO, Index on Censorship

The panel will make short introductory remarks ensuring plenty of time for a lively Q&A session.

The event will be held at Doughty Street Chambers (53-54 Doughty St, London WC1N 2LS) on Wednesday 2nd April 6-7.30pm, followed by a drinks reception. To RSVP please fill in your details here. If you have any questions please contact Fiona Bradley ([email protected]).

As internet matures India faces a choice on governance

surveillance-IndiaInternetCables

For many years, the Indian public in particular, had very little interest in who controlled the internet and decisions taken at a structural level that shaped its future.

The press carried little tidbits about the World Summit on Information Society; a pair of United Nations-sponsored conferences about information, communication and, with an aim to bridge the so-called global digital divide separating rich countries from poor countries by spreading access to the internet in the developing world, the UN body, International Telecommunications Union (ITU); which coordinates the shared global use of the radio spectrum, promotes international cooperation in assigning satellite orbits, works to improve telecommunication infrastructure in the developing world, and assists in the development and coordination of worldwide technical standards, and Internet Corporation for Assigned Names and Numbers (ICANN), which coordinates the Internet Assigned Numbers Authority (IANA) functions, which are key technical services critical to the continued operations of the Internet’s underlying address book, the Domain Name System (DNS) and also UN Commission of Science and Technology Working Group on Enhanced Cooperation, where governments come together to discuss issues like internet governance.

What was commonly known followed a similar trajectory: America invented the internet, it is a global commons, and it works well.

Over the last few years, however, as the Indian experience with the internet has matured, questions of governance, both internally and externally have started making headlines. Allegations of mass surveillance have hogged all headlines. Another factor cannot be missed: the Indian digital economy is growing rapidly, and while internet governance is nowhere close to being an election issue in India, domestically, access, freedom of expression, cyber crime and cyber security are growing concerns. There also the reality that as India’s population gets increasingly connected, it will host one of the biggest online demographies in the world. Therefore, India’s views and actions in terms of how the internet should grow and be governed is crucial to the future of the internet itself.

In October 2011, the Indian government proposed that a UN Committee for Internet-Related Policies (CIRP) be formed, so that governments can debate and deliberate on vital issues such as intellectual property enforcement, privacy and data protection, online filtering and censorship and network neutrality. Those opposed to the idea have warned that the “open” nature of the internet will be threatened by governments who favor a controlled and censored form of the internet. Also the proposed structure of the UN-CIRP seemed to be the very anti-thesis of a dynamic internet; it involved setting up a 50 member committee that only met for two weeks in the year. Those opposed to this bureaucratic suggestion, instead, favour a multi-stakeholder transnational governance mechanism, which gives all stakeholders of the internet a place on the table; including governments, businesses and civil society members.

The last few months of 2013 were very active internationally, on questions of internet governance. Three big international events made headlines, and India’s role in them is especially telling. The first was the Internet Governance Forum (IGF) in Indonesia in November. This event brought together all members of civil society on a common platform to deliberate on the rules of global governance, but in effect did not have any binding powers. Given that it was held in the wake of the Snowden revelations of NSA surveillance, the conversations centered around the need to ensure better protection of all citizens in the online environment and to reach a proper balance between actions driven by national security and respect for freedom of expression, privacy and human rights. While in the 2012 IGF, India’s Minister for Communication Technology had been present, in 2013, was “extremely small” according to Dr Anja Kovaks who participated there. She added that, “many developing countries look up to India’s engagement with internet-governance forums to ensure that the concerns of the developing world are not ignored during policy-making.”

In December, 2013, the UN Commission of Science and Technology Working Group on Enhanced Cooperation released a statement which also carried India’s proposal that, “The UN General Assembly could embark on creation of a multilateral body for formulation of international Internet-related public policies. The proposed body should include all stakeholders and relevant inter-governmental and international organisations in advisory capacity within their respective roles as identified in Tunis agenda and WGIG report. Such body should also develop globally applicable principles on public policy issues associated with the coordination and management of critical Internet resources.” Earlier this year, a note written by India’s National Security Council Secretariat (NSCS), leaked to an Indian newspaper in March 2014, warns of the DNS system under US control, and goes on to say that “India’s position is aligned with Russia, Saudi Arabia and Iran who also want governments to collectively drive internet management worldwide…” It adds that, “trust in the internet has declined and India’s objective in the Geneva session was to ensure its concerns are accommodated in whatever international regime of Internet governance finally emerges.”

However, in the backdrop of continuing internet governance discussions, came the announcement by Brazilian President Dilma Rousseff that in the light of revelations of global mass surveillance by the US, Brazil was going to host an internet governance conference — NETmundial — in April 2014. This announcement was made after consulting the head of ICANN, Fadi Chehde. In contrast, the Indian reaction to these revelations seemed rather muted, perhaps because India too is building a mass surveillance regime within its national borders. It is also believed that Brazil asked India take a bigger role with them, however, Indian foreign ministry officials have stated off-the-record that details about the conference were not easy to come by from Brazil. Either way, the conference dates coincide with Indian general elections of 2014 and the formation of a new national government, and will most likely see a small Indian delegation.

A month before the Brazil conference comes the announcement by the United States government that the U.S. National Telecommunications and Information Administration will end its formal relationship with the Internet Corporation for Assigned Names and Numbers in late 2015, with ICANN developing a new global governance model. It has been made clear by the ICANN President and CEO Fadi Chehadé that the transition out of NTIA was “not a final decision to surrender control of the internet” or about announcing a new law or policy. “The [U.S.] government also set clear boundaries for that discussion, including a very clear statement that it will not release control of these functions to any government-led or inter-governmental organization solution.” Former CEO of ICANN Rod Beckstorm gave an interview in which he speculated that the US government made the announcement now “because they face the serious risk of losing even more at the upcoming NETmundial conference on internet governance in Brazil. This event could potentially lead to greater United Nations control over the internet and open the door to increased influence by countries opposed to a free and open internet.”

This, of course, is a hint that the US government would rather restructure ICANN and keep the multistakeholder approach towards internet governance open, rather than let some governments steer the course towards a government led body governing the internet.

In a reaction to the announcement, Member of Parliament and vocal critic of the Indian government’s position, Rajeev Chandrasekhar told Index that “India needs to think ahead, because its position on the governance of the internet and its inexplicable alliance with China, Saudi Arabia on this issue has been based on the so called US control of the net. First, the Ministry of External Affairs’s entrenched position of a UN body needs to be withdrawn forthwith. I have substantiated its problems at multiple levels. India has lost its leadership status to Brazil in the internet governance space, thanks to government’s position, and reflects complete failure of thought by Indian leadership.” Looking towards the future, Chandrasekhar added that, “the new government needs to hold national, open public consultation on the issue. Parliament needs to be involved. Governments want to regulate; industry invests, builds infrastructure and drives innovation; and civil society/academia protects civil ideals and users’ interest, including privacy, free speech and human rights. A free, open, safe, secure and truly global internet can only be managed through a multi-stakeholder mechanism with specific areas of intergovernmental cooperation, such as cyber terrorism, international jurisdiction.”

Other civil society voices, too, have called for the Indian government to rise to this new challenge. Security expert, Dr. Raja Mohan wrote in the Indian Express that, “Delhi has a long record of posturing at multilateral forums and shooting itself in the foot when it comes to national interest. Believe it or not, in the 1970s, India opposed, at the UN, the direct broadcast satellite technology in the name of protecting its territorial sovereignty. With an IT sector that is deeply integrated with the global economy and contributing nearly 8 per cent of India’s GDP as well as the world’s third-largest group of internet users, India does not have the luxury of quixotic pursuits. Delhi’s negotiating position must be rooted firmly in India’s economic interests. Issue-based coalitions — with countries, companies and civil society groups — are critical for ensuring the best possible outcomes.”

Given the Indian government’s taste for pushing unilateral mechanisms for governing the internet at an international level, and Indian civil society, which for the most part seems to vocally support a multistakeholder approach, the Indian elections might bring about a new opportunity for both sides to find clarity. Some argue that multistakeholder models give an equal seat to governments like the US, but also to their corporate giants such as Google, Facebook, AT&T, which might help them secure a majority over crucial issues and therefore an international unilateral model might be beneficial for smaller countries. Alternatively, a government-led model, as India suggests, pre-supposes a consultative mechanism within countries so that the will of the people can be reflected. One thing is clear, with its technology boom, population, and growing dependence on the internet for economic prosperity, governance and free expression, the country can no longer afford to not assume a leadership role in this area, while at the same time sticking to its core democratic principles. It needs to rise to its leadership potential and reflect the will of its people.

This article was published on 24 March 2014 at indexoncensorship.org