Political Diary

New Delhi, 4 February 2025

Uttarakhand UCC

AN INVASIVE MODEL!

By Poonam I Kaushish 

It’s been a raucous Budget session of Parliament. Budget, Kumbh stampede, Waqf Bill etc. Amidst this, another controversy has erupted over implementation of Uniform Civil Code (UCC) in salubrious hilly Uttarakhand, the first State to implement BJP’s last ‘core’ agenda after it repealed Article 370 in J&K and constructed the ‘magnificent’ temple in Ayodhya. 

Importantly, there are two UCC takeaways. Politically, it is work in progress. For Prime Minister Modi it’s a no brainer as UCC is need of the hour as the existing code is “communal” dividing people on religious lines and “discriminatory.” Underscoring the foundational principle of equality and its promise of dignity for women, he believes, every Indian must be same and equal in eyes of law. 

For decades UCC was considered outlandish, given India’s fractured polity and legally complex given the maze of faith-based and secular laws that govern the country. But with BJP States stating they will follow Uttarakhand’s UCC model it is clear it has found a workable solution. 

Undeniably, this not only allows it to keep out of legal and social tangles but also signals that last year’s electoral setback has not blunted its ideological edge. 

However, the social aspect is trickier. UCC was considered a third rail in Indian politics because of fear of majoritarian values overpowering minority traditions. Perhaps, why Constituent Assembly didn’t enact it and included it in the non-justiciable Directive Principles of State policy. Ambedkar advocated “optional” UCC. 

Even as Modi Sarkar preens UCC is a milestone for women's rights, addresses discrimination against women and would eliminate injustices and wrongful acts perpetrated against ‘Matrishakti’, critics assert it infringes upon personal freedoms, and targets minorities. The Code’s Section 378 which sets terms for live-in relationship for those in and from the State is a solution in search of a problem. 

A 16-page form requires proof of previous relationships, clearance certificate on marriage eligibility from a religious leader, jail for failure to register initiation or termination of live-in relationship shows the alarming extent of State intrusion into the most intimate corners of citizens’ personal lives. 

In imposition of a patriarchal cookie-cutter understanding of relationships, it infantilises consenting adults repressing  their choices, freedom and privacy to a State-determined notion of acceptability. Worse, is its potential for discrimination and perceiving the provision as moral policing under the guise of legal reform. 

The idea that State can legislate dynamics of private partnerships --- how they begin, end or are recognized --- is an affront to our Fundamental Rights. While seemingly being uniform across religions, UCC is actually criminalising and regulating constitutionally acceptable behaviours, like consenting adults ‘live in’, reducing autonomy and choice, which women have attained through concerted efforts, inside homes and on public platforms. 

Besides, it signals a disturbing disregard for hard-fought right to privacy. In a nation that aspires to women-led development and professes sab ka sath sab ka vikas, an invasive model that seeks to school the nuance and complexity of society into submission,  that stands to kindle prejudices is a dangerous precedent.  

Arguably, given India’s diversity and fractured polity such an exercise needs thought and empathy not a top-down imposition that brushes aside concerns of minorities. Notwithstanding, Uttarakhand’s Chief Ministers’s  assertion that live-in provisions were meant for protection not intrusion a la Aaftab brutal murder of his partner Shraddha Walker 2022. This is a flawed and illogical argument. Hard cases make for bad laws. 

Although UCC promises to champion women’s rights, experts aver registering a live-in relationship don’t safeguard women. Instead, these stifle women’s freedom, turning them vulnerable to scrutiny by State and vigilantes. 

Naturally, Opposition opposes this as symptomatic of Modi’s disregard for India’s diversity saying it’s hypocritical to project UCC as a women’s rights issue when in reality, it infringes upon women’s rights and freedom. When Supreme Court has validated live-in relationships, how can the State overwrite it by making it mandatory to register? 

Also, maintaining a record regarding such relationships would pose difficulties for women. Imagine women’s nightmare --- records creating marital havoc, complaints flying from disgruntled relatives or snooping neighbours prying into your private life. Daughters facing marriage hurdles based on these very records, alongside blackmail. 

On one hand, BJP talks about Ram and tradition and on the other, they are allowing live-in relationships if they are registered with the State. Why? Isn’t this hypocrisy? And what if boy and girl living together are just friends, roommates or colleagues sharing rent? 

For BJP, Uttarakhand’s UCC is both a calculated risk and strategic experiment. The State’s religious and cultural identity adds symbolic weight to the law, positioning it as a test case for the Party’s national ambitions. Even as Haryana coos to introduce it, but “at an appropriate time”, showcasing the law’s internal contradictions can create a quagmire. Already, dozen khap panchayats want live-in relationships and same-gotra marriages banned.

Opposition cries foul declaring UCC would take away religious practices relevant to Muslims. “UCC’s timing and intent are politically motivated. BJP thinks India has only one religion. They want to impose their cultural values and religion on everyone, including minorities,” averred a senior leader. 

Added, a Muslim cleric, “Uttarakhand is using UCC to target Muslims who follow customary rules on polygamy and divorce under Sharia law which is banned. We cannot accept any law that is against Sharia because a Muslim can compromise with anything but Sharia and religion. Muslim women observe Iddat (cooling-off period after marriage dissolution during which they cannot remarry). Those who are religious, will still do it. They don’t need a permit to observe it.” 

Alas, over the years deliberate distortions of religion to suit narrow personal and political ends had vitiated the country, which shamelessly, has everything to do with vote-bank politics. Whereby, Ram-Rahim have been reduced to election cut-outs in today’s politico-social reality, successive Governments have failed to draw a distinction between politics, caste and religion. 

Moreover, as India's political realities have changed and modern society is gradually becoming homogenous whereby traditional barriers of religion, community and caste are slowly dissipating thus supporting national integration. A thought echoed by Supreme Court in various judgments. 

Clearly, India and its secularism deserve a voluntary UCC for gradual acceptance without delay. Enlightened opinion among Muslims will then have a choice’ be liberal and progressive or remain obscurantist and backward. Goa already has UCC willingly accepted by all. 

Only time will tell how Uttarakhand’s UCC fares on these counts. Will inter-faith unions become harder to register? Will disputes between personal laws and UCC be decided fairly? Will live-in couples battle greater bias? Will involving authorities in private matters prove counterproductive? The answers to these will decide how UCC progresses. 

Clearly, no one community should be allowed veto or block a progressive legislation. Especially, if it’s voluntary and doesn’t seek to impose any view or way of life on anyone arbitrarily. UCC will help cause of national integration by removing desperate loyalties to laws, which have conflicting ideologies. How long will we live at impulses and fancies of Pandits, Mullahs and Bishops? Secular vs communal? 

Time now to reject different laws for different communities and reform India as one cannot progress riding on past’s wheels.  Our leaders must get down to the business for which they are elected: Governance. And what’s good for citizens. What says you? ---- INFA 

(Copyright, India News & Feature Alliance)

Round The World

New Delhi, 7 February 2025

Illegal Immigrants Deported

INDIA AND TRUMPERICA!

By Prof.(Dr)D. K. Giri

(Prof. NIIS Group of Institutions, Odisha) 

A planeload of illegal immigrantswas deported to India. They were brought by a military aircraft, perhaps as a symbolic show of power. Part of the Indian media has sharply reacted. The government is mute as it has agreed to take back the illegals. Add to this, Donald Trump's threat to impose tariff. And the phone call last week between Prime Minister Narendra Modi and Trump when the latter asked the Indian Prime Minister to buy weapons from America. Again, the media called it bullying. Do these incidents indicate a downslide in India-America relations? 

A spokesperson for the US embassy declined to share details of the flight and said: “The United States is vigorously enforcing its border, tightening immigration laws, and removing illegal migrants. These actions send a clear message: Illegal migration is not worth the risk.” Apparently, Trump has increasingly turned to the US military to help carry out his immigration agenda, including sending additional troops to the southern border with Mexico, using military aircraft to deport migrants, and opening military bases to house these. It is said that the Pentagon has provided flights to deport over 5,000 immigrants held by the US authorities at El Paso in Texas and San Diego in California and military aircraft have flown migrants to Guatemala, Peru, and Honduras so far. 

Recall, the US deported over 1,100 illegal migrants from India between October 2023 and September 2024. The last publicly acknowledged US flight that brought back Indians was on October 22, when about 100 illegal migrants were repatriated to India on a charter flight. And there has been a “steady increase” in deportations of illegal Indian migrants from the US in recent years, the official said during a virtual briefing last year. 

Last month, External Affairs Ministry spokesperson Randhir Jaiswal told a media that New Delhi is opposed to illegal immigration because of its links to several forms of organised crime, and it shall take back all Indians who have either overstayed in the US or are there without documentation. He, however, said India will accept such migrants only after verifying their nationality 

Arguably, the above developments are part of Donald Trump’s election promises to defend American interests first in order ‘Make America Great Again’ (MAGA). From the Indian point of view, I have argued against illegal immigrants. Why should New Delhi defend those who migrate illegally by crossing the porous American-Mexican borders riding on donkeys etc? 

Second, imposing tariffs is Trump’s trump card in his foreign policy. It is a matter of negotiation and possible retribution by the trading countries. Third, Trump would try to trade in armament which is the main source of foreign exchange for America and other Western countries. Sadly, New Delhi is following suit by deepening the arms production and expanding its defence sales.  

The question to investigate is if India and American relations are going down the hill? Not really. Let us point to some key parameters that will demonstrate how the relations are experiencing a ratchet growth. If they are slowing down or reversing, it is due to India’s equivocation and its obsession with strategic autonomy, non-alignment and multi-alignment instead of concrete and solid security partnerships lack of which risk India’s security and imposes heavy burden on its resources in building deterrence etc. 

In fact, India-American relations have witnessed significant developments since Donald Trump became the President of the United States on January 21, 2025. Despite initial concerns about potential friction, the relationship between the two nations has remained strong, with both countries continuing to engage in dialogue and cooperation on various fronts. 

One of the key areas of focus for India-American relations has been trade and economic ties. Trump’s administration has been pushing for greater trade liberalization and reduction of trade deficits. India, on the other hand, has been seeking greater market access for its goods and services. Despite these differences, both countries have been engaged in negotiations to strengthen their trade relationship. The tariff threat will gradually disappear as Trump reviews the global security scenario and its implications for American trade and economy.  

Defence pacts has been another significant area of collaboration between India and the US. The two countries have been engaged in discussions to enhance their defence partnership, including the sale of advanced military equipment to India. Trump's administration has also been supportive of India's membership in the Nuclear Suppliers Group (NSG). His nudge to Modi to buy from USA fits into the evolving framework of partnership in this area. 

The India-US strategic partnership has been a key aspect of their relationship. Both countries have been engaged in discussions to strengthen their partnership in areas such as counter-terrorism, cybersecurity, and maritime security. Trump’s administration has also been supportive of India's role in the Indo-Pacific region. The Quad will undergo radical transformation which New Delhi should be ready for unless it wishes to be left out. 

Despite the positive developments in India-American relations, there are challenges that need to be addressed. One of the key challenges has been the issue of trade deficits, with the US seeking greater market access for its goods and services. Another challenge has been the issue of immigration, with the US seeking to restrict the flow of immigrants from India.  

Despite these challenges, the India-US relationship remains strong, with both countries committed to strengthening their partnership. The way forward for the relationship will depend on the ability of both countries to address their differences and find common ground on key issues. This will require sustained dialogue and engagement between the two countries, as well as a willingness to compromise and find mutually beneficial solutions. America should make a string commitment to India shedding its label of unreliability and New Delhi has to make up its mind in which side it is only. 

In conclusion, India-American relations have witnessed significant developments since Donald Trump became the President of the United States. Despite initial concerns about potential friction, the relationship between the two nations has remained strong, with both countries continuing to engage in dialogue and cooperation on various fronts. As the relationship moves forward, it will be important for both countries to address their differences and find common ground on key issue, and in mutual interest. ---INFA

(Copyright, India News & Feature Alliance)

Round The World

New Delhi, 31 January 2025

Cry for Peace

STOPPING THE WARS

By Prof. (Dr.) D.K. Giri

(Prof. NIIS Group of Institutions, Odisha) 

The world is currently caught in the throes of violence between communities and wars between countries. The wars in Gaza and Ukraine surprise the political community and defy the wisdom of negotiators and peacemakers. The United Nations which was created post-Second World War in order to prevent another global war has practically become ineffective. It will remain so until the organs of United Nations are seriously restructured; especially the Security Council which is incapacitated by the veto power of one of the five permanent members. The question staring at the world leaders and political and security experts is how to bring about a peaceful world. 

It is important to note that there are good many peace institutes across the world which are engaged in researching and advocating peace structures. But they have been of no avail as the wars continue unabated, violence within many countries continually happens. It is high time to lay out a global peace manifesto. This is an attempt to do so on the basis of the Indian philosophy, world experience and a new strategy. 

The manifesto may consist of three parts – a peaceful one world, a universal welfare state system and a common security structure. This manifesto is prepared in consultation with Prof. V. Vivekanandan, an expert on social democracy, welfare state systems and Scandinavia. He is the lone Indian recipient of the highest honour of Hon. Doctorate of Social Sciences from University of Helsinki and the Sword of Truth. 

One World is a concept derived from thousands of years of Indian philosophy like the Advaita (Oneness) and Vasudhaiva Kutumbakam (world is a family) enshrined in the Vedas and Upnishads. These concepts proclaim the individuality of the humanity and the inhabitants of the earth as a grand family. These priceless gems of ideas were hidden in the scriptures until Shri Shankracharya revealed them to the world of knowledge in the 8^th Century A.D. In modern times, Swami Vivekananda spread this to the wider world. He surprised the world in his address in Chicago in 1893 to the World Parliament of Religions when he addressed the gathering as brothers and sisters. 

But, sadly, today, the world is divided into nation-states who are daggers drawn at each other in the name of national security and in pursuance of negative doctrines like deterrence. Many countries are wasting plenty of their own resources and those of the world which could have been used for the progress and prosperity of poor people across the world. Ironically, on the one hand, the world is shrinking under the impact of communication technology and inter-dependence between countries, on the other, the countries and the world as a whole are getting fragmented. 

In order to repair this fracture, cooperation among the countries should replace the ongoing confrontation. That will happen if people beyond the borders behave in the spirit of solidarity in order to create one world. This spirit has to be backed by a universal welfare system. Arguably, of all social, political and economic systems, experienced in the world so far, the welfare state system is by far the best one. It anchors a humanising peace structure within and beyond the country and operates on the basis of equality without discrimination. It also makes the state, the government and other stakeholders in a country as the authentic guardian of all citizens. 

The welfare state system is essentially a social democratic construct which has the potential to create a new geo-political culture and a new civilisation in the world. Scandinavian countries like Sweden, Denmark, Norway and Finland have institutionalised the welfare state system during the last nine decades with impressive results. Note that Finland is rated as the happiest country in the world. B. Vivekanandan and the author of this piece had the opportunity to go and stay in these countries to experience their welfare state systems and their impact on the psyche of their peoples and societies and on international relations. 

This system is basically based on well-off citizens paying taxes for the welfare of all, especially those who cannot afford amenities like everyone else. The psyche in those countries is such that people voluntarily come forward to pay taxes without evading them. One of my fairly rich friends in Uppsala told me, “We like to pay our taxes as it takes care of our schools, roads, hospitals and other public facilities meant for everyone”. 

In Scandinavia, welfare system has functioned as an incentive to good behaviour and to promotion of peace among the people. So, cumulatively, the welfare state system functions as a peace structure at the national level which reflects in their foreign policies at the global level. The welfare system engenders a new ethos, conducive to building a peaceful, cooperative and a solidarity-based relationship among peoples, cultures and continents. This system humanises societies and promotes pacifist tendencies in peoples’ interactions. Therefore, welfare system is an imperative for establishing peace in the world. 

The third component of this manifesto could be the common security system which would not only radically reduce the defence expenditure of all countries in the world but also would enable countries to establish a more transparent peaceful and cooperative international relationship. Deterrence which is currently the preferred security strategy by many countries gives a false sense of security and prompts arms race between rivals.

In consequence, many countries waste their valuable resources in defence purchases instead of tackling poverty and backwardness in their countries. The defence expenditure of the world is estimated to be 2 trillion dollars per year. It is important to underline that the merchants of 75% of these arms are just five countries – USA, Russia, Germany, France and China. 

The pathway to common security consists of a few phases. First, curb the arms race by negotiating reduction of arms – nuclear and conventional. Second, the countries should focus on their defensive structures, not increase their offensive capabilities. So common security is not a military doctrine, but a political one since the security of all countries is ensured collectively by positive inter-dependence and international solidarity. Third, common security would make a major resource input for the economic and social development across the world and unfold new forms of international cooperation based on peace, freedom, equality and solidarity. 

The main reason for the failure of League of Nations and the United Nations lies in the fact that they are largely talking shops of international peace. They failed to deter the countries from building of respective war machines in order to fulfil their unfair and illegitimate ambitions to conquer and expand. The current wars are dark examples of such expansionist tendencies. Remember that under the nose of the League of Nations, Adolf Hitler pursued his policy of aggression. In the present epoch, under the very nose of United Nations, China is pursuing an expansionist policy by use of force, which, unless effectively checked, has the potential to ignite a Third World War. 

Finally, the peace manifesto should reconcile the objectives of multilateral organisations like United Nations and those of the nation states. The way to do so is to establish complementary peace structures at national and international level with a unity of purpose. ---INFA 

(Copyright, India News & Feature Alliance)

Economic Highlights

New Delhi, 10 February 2025

Illegal Indian Immigrants

$236 b JOB PROFIT RACKET

By Shivaji Sarkar

The multi-trillion-dollar illegal profit generating world immigration rackets thrive on freely available private telecom company sims, fake bank accounts, anonymity, negligent or corrupt local policing, darknet networking and greed of the affluent.

This is the finding of the International Labour Organisation’s (ILO) March 2024 report. It says illegal profits from forced labour has risen to by $236 billion since 2014, implying exponential growth in labour exploitation and weak global surveillance. The ILO report suggests that forced labour is a several trillion-dollar-racket.

The most dehumanised deportation of Indians on February 5has found the Rajya Sabha in turmoil. The External Affairs Minister S Jaishankar’s reply justifying handcuffing-shackling Indian migrants and dehumanised treatment of dumping them on the floor of a military aircraft has shocked the nation. It was expected that the EAM would condemn the US behaviour like the tiny nation of Columbia did.

Columbian President Gustavo Petro not only disallowed landing of the military aircraft but also severely condemned the US for treating migrants, who contributed immensely to the US economy like criminals. He says that he wants a dignified travel of his citizens in civilian aircraft. Brazil called handcuffing a “flagrant disregard” for their basic rights.

Still more shock awaited as the minister reveals that the US has been deporting illegal Indian immigrants since 2009 and continued through the Donald Trump’s first term – in 2016 -1308 deportations; 2017 – 1024; 2018 – 1180; reaching a peak in 2019 when over 2042 were flown back and 2020 – during Indian bonhomie with Trump 1889. Over 15000 were deported back to India since 2009.

Strange that the governments never shared it with the people. The governments did little to crackdown on illegal agents except stray actions till the most undignified recent deportation of Indians to Amritsar in handcuffs and shackles on February 5.

One of the earliest references to organised racket comes from 1955 Hong Kong companies that organised travel of Chinese to the US. In the case of Indians from Gujarat, Punjab and some other states the craze for flying to the US, considered an El Dorado, is not a poverty phenomenon but a malaise among the affluent. Each of such migrants spent a hefty sum of Rs 40 lakh and more, selling their land and other assets, to go through dangerous, circuitous routes even losing their lives.

In 2024, a Minnesota district court found Harshkumar Ramanlal Patel alias Dirty Harry and Steven Shand guilty of four counts of human smuggling after prosecutors in the US indicted them for the deaths.He faces 20-year penalty.

The Royal Canadian Mounted Police (RCMP), on 19 January 2022, found Jagdish Patel (39), Vaishali Jagdish Patel (37), Vihangi Jagdish Patel (11) and three-year-old Dharmik Jagdish Patel frozen to death some 12 kilometres from the US-Canada border in the Manitoba province. They were among 11 who were made to travel in harsh weather. The incident hit national headlines, as it portrayed the helplessness of the family and the yearning it had for a better life.

The Indian enforced directorate (ED) in 2022, found the firms that worked jointly with colleges and universities in Canada and the US to send Indian people abroad on student visas. The ED says that one firm based in Mumbai referred nearly 25,000 students to colleges outside of India, and the Nagpur firm referred another 10,000 students to foreign institutes. The Mumbai firm also forged partnerships with 112 foreign colleges and the Nagpur one with 150. They function through 5000 agents, with nearly 1700 from Gujarat alone charging every aspirant Rs 55 to 60 lakh. 

These firms have attracted people through more than 5,000 agents from across the country, with nearly 1,700 of them from Gujarat alone, and the travel plan costs every aspirant between Rs 55 lakh and Rs 60 lakh.

More recent searches by the ED in 2024 were conducted in 29 locations in Gujarat, Delhi and Maharashtra against agents, who run job rackets. Interestingly, the agents have to register with the External Affairs Ministry. Their details are known but for decades they function with impunity across different governments.

Several thousand affluents immigrated from India through racketeers selling their assets of crores to visit El Dorado of the US or other western nations. Many travel on students visa or travel through dangerous circuitous routes through various countries. Many lose lives but the greed never dies and whetted by illegal firms working across the world.

Corruption is the biggest facilitator in smuggling of migrants and trafficking of persons, says the UN Office of Drugs and Crime. It says such trafficking could not take place without “the aid of corruption”. It implies that national officials should be taken to task.The local police know how the agents operate and not very difficult to crack them down. Some officials hint at collusion of influential people and do not want to risk their jobs.

At Ahmedabad’s Chamatkari Hanuman Mandir or “Visa Hanuman” in Chennai, are supposed to grant immediate visa to the US. The passports are presented to Hanumanji. Are temples also agents? Nobody has investigated. Techies visit these temples the most for H1B visas.

It is a widespread global racket with interlinks. Forged applications for visas from Bengaluru are not new. In November 2014, based on a complaint by the U.S. consulate in Chennai, the Central Crime Branch (CCB) had busted a fake visa racket. Yeshwantpur-based Citizens Comfort Services Managing Director Ravi Tejas was charged with helping clients forge documents using fake letterheads to facilitate U.S. visas for its clients. He charged Rs. 1.5 lakh to Rs. 4.5 lakh to create fake documents in addition to the charges in millions for “transporting” them.

Cyber crime cops blame the freely available “anonymous’ sims as the biggest culprit and wonder why action against telecom companies are never initiated. Multiple sims are issued on fake IDs. They are used by various call centres to further illicit business.

The governments must create awareness among the gullible to prevent such disastrous “yatras” and severely crack down on agents to end the international racket. To say that the US has been deporting illegal migrants in the past is no consolation. There is need for action, concrete action.  ---INFA

(Copyright, India News & Feature Alliance)