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10 EDITORIAL DELHI
Defying the legalisation of the unjustifi able
The Citizenship Act protests are a reminder that civil liberties and rights apply to even those whom the state may hate
makes it far more potent as an in ity while collecting actionable per government seems to have is to
strument of surveillance and ha sonal data, but nevertheless convert these ‘x’lakh selfsupport
GETTY IMAGES/ISTOCKPHOTO
the present government, and it is collect individuating data, which is detention centres and eternal
Centre must seek to understand the objections Satish Deshpande obvious why, unlike its fi rst incar usually justifi ed by invoking na wards of the state. Since such a
nation, the 2020 avatar of the NPR tional security or the effi cient tar plan clearly makes no sense as pol
T
he Kerala Assembly’s resolution calling upon the
Centre to repeal the Citizenship (Amendment) is being seen as a rudra or terrify geting of welfare benefi ts. We also icy, we have to turn to alternative
W
idespread protests ing avatar. know that throughout history, explanations.
Act, 2019, refl ects the widespread unease and
against the National Re states have collected information As Kautilya, Machiavelli and
disquiet the legislation has caused. Rather than treat it gister of Citizens (NRC) Violation of norms on groups such as criminals or pol Foucault remind us in their va
as a controversy over the question whether a State As and the Citizenship (Amendment) Modern governance requires itical rivals. However, such exercis rious ways, the point of the law is
sembly is competent to question the law on a matter Act, or CAA, 2019, have severely states to collect two broad kinds of fully answer the schedules can es are of limited scope; they do not to exercise power. Laws are not
under the Union government’s domain, the Centre dented the image of the Narendra data based on individuation and vassed by the enumerators of the compulsorily include the entire necessarily meant to abolish wha
should refl ect on the core issue: that the CAA may be in Modi government. Trying to repair aggregation. Individuating data Census of India — failure to do so is population. They also have inter tever they render illegal; they are
violation of the equality norm and secular principles the damage while pushing ahead provides information on specifi c punishable with a fi ne. However, nal safeguards and/or off er clear meant to trap particular subjects
with their divisive agenda, the re individuals, while aggregating da most Indians may not be aware benefi ts for respondents. It is note and practices in zones of illegality
enshrined in the Constitution. Given how deeply the
gime’s spokespersons have repeat ta profi les groups or collectivities. that Section 11 of the same Act im worthy that the NPR and the NRC where they will be most suscepti
country is divided on the changes in the law, Kerala’s edly asserted that the recently ap Grouporiented data also begins poses even higher penalties on of include none of these features. Ac ble to power. Graded or hierarchi
example may set the stage for a wider confrontation proved National Population with particular persons, but aggre fi cials who falsify or disclose cen tually, the NPR is nothing like the cal citizenship has been unjustifi a
between the Centre and States that have expressed Register (NPR) is not new, not re gation masks or “anonymises” sus data – they may also be jailed Census – it is only logistical effi ble in our republic, though it has
their disinclination to give eff ect to the Centre’s policy lated to the NRC, and not someth them, thus yielding information for three years. In fact, unpu ciency that makes the former use been integral to our social prac
in this regard. The resolution refl ects a legitimate con ing to worry about. Only the fi rst only on collectivities such as illiter blished census data cannot be ac the proven fi eld machinery of the tice. The NPRNRC and CAA initia
cern that in enacting the CAA, the Centre has written a of these three claims is partially ate persons or tax payers. Indivi cessed by government depart latter. It is also a logically, practi tives seem designed to coerce us
true, and only in a literal sense. dualoriented data is also pooled ments, and Section 15 of the cally and politically necessary pre into legalising the unjustifi able
patently discriminatory norm into the law. There is jus
and consolidated, but the specifi c Census Act exempts it from the In condition for the NRC, without and normalising indefensible pre
tifi ed opposition across India on the amendment’s im A powerful instrument persons it covers remain identifi a dian Evidence Act so that it cannot which it is pointless. judices.
plications, especially in combination with the expected It is indeed true that the NPR is en ble. Norms of good governance be used in courts of law. And once the forces behind
followup action in the form of establishing a citizen visioned in the Citizenship Act of dictate that the scope of individ Faith in the state these initiatives have tasted victo
ship register. Kerala Chief Minister Pinarayi Vijayan is 1955, and that it was revived by the uating data be restricted, and that, Weakening of anonymity Ultimately, the key question is that ry, why will they stop? For there is
among several CMs who have spoken out against the Atal Bihari Vajpayeeled National on the other hand, databases with To appreciate the full signifi cance of the people’s faith in the state. In no end to prejudices in our hierar
CAA’s discriminatory nature, but his has been the fi rst Democratic Alliance (NDA) go universal or wide coverage be con of this commitment to anonymity, excolonies such as India that have chysaturated culture.
vernment when it amended the ci fi ned to aggregated data that can consider the fact that the 2011 Cen won their independence through But the nationwide protests tell
regime to adopt a formal resolution for repeal. The
tizenship Act and rules in 2003. It not identify individuals. The go sus revealed that, between 2007 a freedom struggle, the postcolo us that the story is far from fi n
Centre must make an eff ort to understand the under is also true that the Congressled vernment’s relentless eff ort to and 2011, 74 lakh Indians were nial state gains a priceless inheri ished. They remind those who
pinnings of the ongoing protests against its amend United Progressive Alliance (UPA) push for maximum individuation married below the legal age of 18. tance of popular trust. After all, think they are our rulers of two
ments, of which the Kerala resolution is surely a part. fi rst implemented it in 2010 along along with maximum coverage Under the Prohibition of Child most people are unaware of the sa crucial truths. First, that civil liber
Union Minister Ravi Shankar Prasad and Kerala Go with the 2011 Census. However, to violates and reverses established Marriage Act, 2006, those respon feguards for anonymity built into ties and democratic rights are de
vernor Arif Mohammad Khan have denounced the say that there is nothing new norms regulating the collection of sible are liable to be fi ned up to ₹ 1 the census; and yet they freely pro fi ned by the inconvenient fact that
adoption of such a resolution, the former arguing that about the NPR in today’s trans social statistics. lakh and/or imprisoned for up to vide information because they they must also be granted to those
formed context is to speak in bad The probable consequences of two years. And yet the Census data trust the government. It is this whom we may fear, hate or des
all States had a constitutional duty to implement cen
faith. The addition of unnecessary this reversal are illustrated by the cannot be used to identify them — trust that the present government pise. And second, that the most ru
tral laws. However, the principal objection — that citi intrusive questions — on the place contrary example of the Indian it can only tell us, at best, that the seems determined to squander. dra of rudraavatars are a people
zenship being a matter concerning the Union, it is not and date of birth of each parent, census, where the assurance of incidence of underage marriages What is all this for? Imagine that who have lost faith in their state.
open to State Assemblies to give their opinion on it — is place of last residence, and Aad anonymity balances the coercive is the highest in districts like Bhil the NPRNRC exercise has been
not valid. To the extent that a State government believes haar, PAN (Permanent Account legal force of the state. The Census wara and Chittorgarh, Rajasthan. completed successfully, and has Satish Deshpande teaches Sociology at
that a parliamentary law is not constitutional, it is en Number), driving licence, voter Act, 1948 requires all persons re In sharp contrast, the NPR, and es identifi ed ‘x’ lakh “noncitizens”. Delhi University. The views expressed are
tirely in order for the State legislature to call for its re card and mobile phone numbers – siding on Indian territory to truth pecially the NRC off er no anonym What then? The only “plan” the personal
peal. Further, a resolution is not legislation, and is not
governed by the principle of legislative competence. It
is only an expression of a political opinion. Tamil Nadu,
for instance, has passed several resolutions concerning
Bracing for global impact after Soleimani’s assassination
India’s foreign policy — such as asking for a war crimes There are apprehensions that the Iranian commander’s death may be avenged by a thousand cuts
probe against Sri Lanka and even a referendum on ‘Ta Moreover, had the U.S. wished to Gen. Soleimani’s assassination in situation remains highly
mil Eelam’. There is a technical problem on the resolu avoid a direct confrontation, it Baghdad is one incident most Ira unpredictable.
tion’s admissibility. Kerala Assembly rules say matters could have steered clear of taking qis could do without. It is likely to
pending before a court or those that do not concern the public responsibility for the opera queer the pitch for Iraq, a hapless Potential fallout, on India
tion. But, presumably for domes country with a caretaker govern India has already had considera
State should not be admitted in the form of a resolution.
tic political reasons, it decided ment convulsed by nearly three ble diffi culties in meandering
REUTERS
However, these are minor issues. Ultimately, the House Mahesh Sachdev otherwise, thereby throwing months of youth protests, inter through the obstacle course creat
Speaker decides on admitting a resolution, and it is an down a risky “doubleorquit” alia, against undue foreign interfe ed by the U.S.Iran cold war. While
internal matter. Voicing support for the CAA and disap
VIA
Y
proval of Kerala’s resolution are also valid political opi esterday’s targeted assassi targeted assassination of the IS earned him a cultlike following The event is likely to repolarise the U.S., our ties with Iran, apart
nions, but these should not translate into any illadvised nation of Major General Qas chief in October, the U.S. Presi among most Iranians and their re Iraqi society along sectarian lines from being “civilisational”, have
action such as hauling up the Chief Minister before the sem Soleimani, Commander dent has, uncharacteristically gional proxies. The U.S. and its and intensify the IranU.S. compe their own geostrategic logic. Now
of Quds Force of the Iranian Revo avoided taking personal credit. Sunni allies saw his successes be tition for infl uence. In a worst case that the confl ict has turned hot, its
Privileges Committee of Parliament.
lutionary Guards Corps (IRGC), Therefore, the handling of this op ing at their cost. In an unguarded scenario, Iraq could turn into the adverse impact on India could
bears two important diff erences eration raises more questions than comment in 2017 that caused new Syria. The popular Iraqi cla magnify. Apart from a rise in our
An act of war from recent targets of similar U.S.
operations. Unlike Abu Musaib al
it answers. much alarm, he claimed that four
Arab capitals were under Iranian
mour for political reforms and
transparency may be eclipsed by
oil import bill and diffi culties in
supplies, the safety of an estimat
In an election year, an impeached American Zarqawi (leader of the alQaeda in Pivotal fi gure sway. the demand for eviction of the U.S. ed eight million expatriates in the
Iraq), Osama bin Laden (founder Gen. Soleimani hailed from a mod Iranian authorities have reacted presence itself. Gulf may be aff ected. Iran has the
President is provoking a war with Iran of the alQaeda) and Abu Bakr al est background in Kerman, far with predictable vehemence at capacity to infl uence the U.S.Tali
F
riday’s assassination of Major General Qassem So Baghdadi, (founder of the Islamic from the country’s traditional Gen. Soleimani’s “martyrdom” Oil sector as target ban peace process in Afghanistan,
leimani, the commander of Iran’s Qods Force for State, or the IS), Gen. Soleimani, power centres. He was a child of and vowed vengeance. This titfor At a regional level, anxiety may a neighbouring country. Last but
over two decades, in Baghdad, is a reckless and 62, was a state actor. Second, un the revolution, fought with distinc tat between the U.S. and Iran rise about Gen. Soleimani’s death not the least, after Iran, India has
unilateral act of provocation by the U.S. that could trig like the previous three, he was not tion as a member of the IRGC in could easily go out of hand and being avenged by a thousand cuts perhaps the largest number of the
past his prime. Both these factors the IraqIran war and was from lead to a major confrontation in a at the interests of the U.S. and its world’s Shia population and the
ger another fullscale war in West Asia. The strike
could lead to more substantive 1998 the foundercommander of pyretic and fragile region, with un allies. This may involve resumed possibility of some of them being
against Mr. Soleimani and several Iraqi Shia militia fallout. its Qods Force, formed for extra predictable consequences. Both attacks on oil tankers and other radicalised by this event cannot be
members when they were leaving the airport, was ap The U.S. has sought to link the territorial operations. During the the antagonists have their respec low hanging but high value eco ruled out. It can be argued that
parently in retaliation for the storming of the American operation to a surge in attacks on past decade, he managed to lever tive domestic compulsions: Mr. nomic targets, particularly in the had the U.S. not invaded Iraq in
Embassy in Baghdad by protesters earlier this week. its assets and personnel in Iraq. age the disarray to enhance Ira Trump faces a Senate impeach oil sector. Global oil prices have al 2003 creating the mother of all
Mr. Soleimani, who had celebrity status among Iran’s America proscribed the Qods nian infl uence in Arab countries ment and reelection and Iran has ready seen a 4% rise within hours chaos, Qassem Soleimani and his
military leaders, was highly popular among the hardlin Force and Gen. Qassem Soleimani with a signifi cant Shia population its parliamentary elections next of the incident due to the “fear Qods Force would have largely re
ers. He was reportedly very close to the Supreme Lead more than 12 years ago for terro such as Lebanon, Iraq, Syria and month. These factors would, premium”; unless deescalated, mained a sideshow in Lebanon. So
rism, but has not acted. In fact, Yemen. hopefully, limit their options to jittery commodity speculators his targeted assassination yester
er, Ayatollah Ali Khamenei, who once called him a “liv
during 201718, the U.S. indirectly He astutely created a network of lowintensity skirmishes. Iran has may spin out of control. day completes the circle.
ing martyr of the revolution”. Mr. Soleimani was also collaborated with the Hashd Al local sympathisers and proxies in the past used its foreign proxies, The urge for a riposte runs deep
the main architect of Iran’s recent foreign operations, Shabi created by Gen. Soleimani, and waged eff ective asymmetric many of which were created and in the Iranian psyche. The U.S. has Mahesh Sachdev is a retired IFS offi cer
mainly in Syria and Iraq, which were crucial in saving to defeat the IS. Gen. Soleimani wars. Unlike many Iranian public fostered by Gen. Soleimani, and a global presence but that also who handled IndiaGulf ties for over a
the regime of Bashar alAssad in Syria and defeating the was a frequent visitor to Iraq, and fi gures, he was untainted by cor they may now be itching to avenge brings in vulnerabilities. All that decade. He is currently President of
Islamic State (IS) in both countries. It was under his lea these visits were hardly secret. ruption. His accomplishments his loss. Moving concentrically, can be safely predicted is that the EcoDiplomacy and Strategies, New Delhi
dership that Iran founded and trained Shia militias and
despatched them to the battlefi elds there. The militias LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.
fought alongside Kurdish paramilitaries and the Iraqi
To read more letters
Army, with U.S. air support, against the IS in northern U.S.-Iran tensions people from the largest the atrocities carried out by by the Central government. Turkey’s invasion of eastern online, scan the QR code
Iraq, from Amirli to Mosul. Ironically, the soldier who The killing of Qassem minority community in his Pakistan. N. Nagarajan, Syria’s Kurdish held regions
helped the U.S. and the Iraqi government defeat the IS Soleimani has raised the own country are A. Venkatasubramanian, Secunderabad are not due to the U.S.’s but as of now the end of this
spectre of military oppressed, humiliated, Tiruchirappalli, Tamil Nadu declining ability but due to hegemony is neither
has been assassinated inside Iraq by the Americans.
confrontation between the jailed and even lynched on The Centre decides conscious policy path taken imminent nor in sight.
This was a crisis foretold by many, and U.S. President
U.S. and Iran. With the U.S. fl imsy grounds (Front page, ■ Mr. Modi went to It is saddening that the CAA by the President Donald Kosaraju Chandramouli,
Donald Trump is squarely responsible for where U.S. terming the killing a pre “Modi asks CAA opponents Tumakuru to pay his respect has evoked dissent and that Trump (Editorial page, “In Hyderabad
Iran ties stand today. He singlehandedly destroyed the emptive strike and Iran’s to protest against Pak. at the ‘Gadduge’ (fi nal resting the Opposition parties have the ruins of unilateralism,”
détente between the two nations established by the supreme leader Ayatollah ‘atrocities’,” January 3). In a place) of Shivakumara not appealed for restraint. January 3). As Mr. Trump ■ True, the Taliban has been
CM A ND-NDE
YK