IS SPEAKING AGAINST MODI GOVERNMENT OR POLICIES WRONG?

Is Speaking Against Modi Government Policies/Actions Wrong?

Can I speak against the government’s policies/actions? This question is posed to me again and again, sometimes even by the same student. I do not blame the students because of the following reasons:

• In the families of numerous students there are several Modi-bhakts or followers of the junk dished out by the WhatsApp University or Godi media.
• A lot of my students are themselves Modi-bhakts or support the anti-Muslim agenda of the government. 90% of my classmates and over 80% of my course-mates come in this category.
• The reach of the truth is far lesser than the reach of falsehood in today’s India. Examples:

o   80% of Indians believe that PM Modi was stating the truth in the Parliament, when he said that “no one has intruded and nor is anyone intruding, nor has any post been captured by someone.” Though the truth is that India has lost territory to China in the Ladakh incident which began in Jun 2020.

o   Just because so many from the BJP, including four ministers were demanding an apology from Rahul because they falsely alleged that he had asked foreign intervention to save Indian democracy, at least 60% of Indians believe that Rahul made some statement which warranted an apology.

o   Numerous people are appreciating the irrational judgment of Surat Court CJM against Rahul and even stupider decision of Gujarat High Court in fining Kejriwal for wanting to see Modi’s degree.

• Defense aspirants are seeking a government job. The unemployment problem in the Indian society is acute. The aspirants do not want to be rejected because of not conforming to the popular culture. The society in general has been scared by the government actions against anyone critical of the government. Rahul’s indictment is loud evidence of, “How dare you question Modi?” Examples:

o   Numerous FIRs registered against posters stating, “Modi hatao, desh bachao.”

o   IT ‘survey’ of BBC office for making a documentary on Modi.

• 95% of my well-wishers advise me to avoid speaking/writing against government’s policies/actions to safeguard my personal interests. When the figure is 95% at my age of 62, I can imagine what it would be like for students in their 20s.

My Generation More Blameworthy than Youth

The default mental setting of a young boy/girl is idealism. Our conscience teaches us to differentiate between right and wrong. We do not need the help of any external agency to do so. If our conscience is in the right place then we know that if Rahul warrants being disqualified from the Parliament for asking as to why the names of all thieves were Modi, then Anurag and Pragya definitely deserve to be out for exhorting people to shoot alleged anti-national Muslims and keeping their knives ready to kill Muslims, respectively. The young men/women learn pragmatism and ‘play safe’ culture from the elders. Thus, my generation is more blameworthy for shaping the thinking of the present Indian youth.

Questioning, Critical Thinking are Essential for Progress

If Modi’s BJP were ruling the world, then I am confident that Einstein would have been jailed for questioning Newton’s hypothesis of gravitation. Critical thinking is vital for the progress of the society. When we have an Education Minister rating Astrology above sciences, and the PM talking about clouds hiding aircrafts from radar, we can discern as to where we are being led by our government. Let me stop this discussion here and take the reader back into the past to get a broader perspective.

 

Background: Pre Modi-Era

The Official Secrets Act

The Official Secrets Act, 1923 (OSA) is India’s anti-espionage act held over from the British colonial period which states that actions which involve helping an enemy State against India are strongly condemned.

In a 1996 Supreme Court verdict in the case of Sama Alana Abdulla versus the State of Gujarat, the test of whether a certain disclosure compromised a secret depended on whether an “official code” or “password” had been divulged in terms of Section 5 of the Act.

The court’s liberal interpretation lessened the scope for misuse of the OSA by official machinery as it made a sharp distinction between a secret document or report dealing with day-to-day routine affairs and one containing information on the sensitive issue of national security.

RTI Act 2005

Section 22 of the RTI Act states that the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the OSA, and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

Comments of MP VK Singh

BJP MP and former Army Chief, VK Singh wrote an article detailing the “troubled legacy” of the Act. In the article published on the website of ‘The United Service Institution of India’, Singh writes: “The Official Secrets Act, 1923 is one of the most draconian laws still in force in India. A legacy of the British Raj, it had often resulted in grave miscarriages that have blotted the record books of the judiciary and sullied our reputation among democratic nations. Eminent jurists and civil rights activists have unequivocally voiced the opinion that the infamous statute should be scrapped. After the enactment of the Right to Information Act in 2005, it has no right to exist, a fact that has been pointed out by Veerappa Moily, heading the Second Administrative Reforms Commission that has already recommended its repeal.

Whistle Blower Protection Act

During the hearing of the 2G and the Coalgate scams, petitioner, Arun Shourie had told the court that he had taken documents from a whistleblower. The Whistleblower Protection Act protects whistleblowers making disclosures in the public interest related to an act of corruption, misuse of power, or criminal offence by a public servant. The petitioners also cited a 2013 judgment of the Supreme Court in which it was held that the identity of a whistleblower can never be revealed to the accused facing prosecution under the Prevention of Corruption Act.

N Ram for his part has stated that all his reports on Rafale were published in “public interest“, thus leaving room for protection under the above law.

State Prior to 2014

From the above discussion, the reader would note that society was gradually becoming more liberal and mature and heading towards the termination of the OSA and strengthening of the Whistleblower Protection Act, the RTI Act, and in general greater transparency in public life, which is in accordance with democratic principles.

The alleged “2 G Scam” of Sonia-Manmohan misrule which led to zero convictions was one of the major reasons for the fall of the UPA government. This fact, in my view, was good for Indian society. India was getting ready for a more transparent and less corrupt regime. No Defense aspirant was asking this question then, “Can I be critical of the government,” because he/she knew that he/she should voice his/her opinion freely irrespective of whether it was supportive or critical of the government. Things changed after 2014 with the coming of Modi.

2014 Onward: Highly Corrupt, Opaque Modi Government

Modi is an undemocratic, corrupt liar, who has promoted opacity in governance. Understanding these essential Modi qualities is vital to the understanding of the functioning of the corrupt and opaque government since 2014. Since the four qualities of Modi-undemocratic, corrupt, liar and opacity may be in question by a large section of the society, it will be essential that these facts are established beyond argument before I proceed ahead with the discussion (of course Modi-bhakts will keep refuting these facts, like they keep defending corrupt Adani-sane people have to ignore silly people).

• Undemocratic. There is no internal democracy in the BJP. All major decisions are taken by Modi alone, be it the economy (example: demonetization), foreign policy (examples: ’Biryani’ trip to Pakistan & selling power to Bangladesh with no benefits to India or Bangladesh but only Adani), or governance (examples: declaration of the stupid 4-hour notice lockdown).
• Corrupt. The Electoral Bonds Scheme and PM CARES Fund are opaque schemes designed to institutionalize corruption.
• Liar. Modi publicly lied about NRC and that China has not intruded into Indian territory in the Parliament and a very small personal thing like his education qualification. He is the architect of the following false narratives:

o   Discrediting Nehru.

o   Discrediting Rahul.

o   Discrediting the protesting farmers.

o   Discrediting JNU-calling them “tukde-tukde gang.”

o   Discrediting intellectuals and retired judges.

o   Forcing numerous ministers to make a false allegation against Rahul, that he asked for foreign intervention in UK.

• Self-Image above all Else & Heartless. Examples:

o   His comments on the death of farmers: “Did they die for me?”

o   Unaffected by the deaths and misery caused by demonetization.

o   Unaffected by the misery of lacs of migrant labourers caused by his order of lockdown.

o   Biggest stadium named after him.

• Opaque. Opacity will be the default setting of a corrupt liar because he/she cannot face questions which will bring out in the open the fact that the person is corrupt as also a liar. Thus, Modi holds no press conferences and does not answer questions in the Parliament. Modi government provides information to the Supreme Court in sealed envelopes. We do not even know as to what is Modi’s education qualification.

Modi runs an undemocratic cabinet with some advice of Shah and maybe Doval. Since it is practically a one-man government, the characteristics of that one man define the character of the government. The relevant characteristic of the Modi government in the present discussion is opacity. Since Modi as well as his government have a great deal to hide, a reduction in transparency is the desired objective. Let us understand as to how the Modi government is continuously trying to suppress the truth and criticism.

Dilution of Press Freedom

• The 2021 World Press Freedom Index produced by Reporters Without Borders (RSF), a French NGO, has again placed India at 142nd rank out of 180 countries. In 2016, India’s rank was 133 which has steadily climbed down to 142 in 2020. The RSF report says India is one of the world’s most dangerous countries for journalists trying to do their job properly. They are exposed to every kind of attack, including police violence against reporters, ambushes by political activists, and reprisals instigated by criminal groups or corrupt local officials.
• A video of Rana went viral after he questioned BJP MLC Gulab Devi over promised development works in her constituency in Mar 2023.

 In Parliament: Opposition Not Allowed to Speak/ Government Gives No Answers

• In the recent budget session Rahul asked valid questions, in public interest, about Adani’s wealth creation through dubious means and Modi’s connivance. The government not only did not give any answers, the questions were also expunged!
• The recent drama played out in the Parliament in front of the world, where four Ministers made false allegations against Rahul and he was not allowed to speak in his defense, and then his Lok Sabha membership was dubiously terminated.
• In an earlier drama on the Rafale scam, we did not get a simple answer as to how the price of each Rafale became 3-times of what it was during UPA government negotiations.
• A similar thing had happened when a report had exposed Modi’s misuse of Pegasus Spyware.

Major Things Indian Public Does Not Know Because of Corrupt, Opaque Government, Defunct Media and Scared Masses

Since we have a defunct media, a corrupt and opaque government and scared masses, we have no answers to the following vital questions:

• Why the farmers’ incomes are falling? How many farmers have committed suicides and for what reasons? What, if anything, the government is doing about it?
• Why is there so much of inflation? What is the government doing about it?
• Why unemployment is rising? What is the government doing about it?
• How much territory have we lost to China? Do we have any plans to take it back? Will we lose some more territory (Jaishankar expressed India’s inability to fight China)?
• Why 10% of Indians hold 90% of India’s wealth? Is the government trying to do anything about it?
• Why the rich corrupt are able to run away with public money but the poor get fleeced through taxes on oil and gas?
• Why India’s imports are more than exports? Why our dependence on Chinese imports have increased?
• Are all these calls: “Make in India”, “Boycott China”, “Atmanirbhar Bharat” and so on, all trash?
• Why have we failed to improve our education and healthcare?
• Why rules in the Indian society seem different from those in power and those not in power; different for the rich and different for the poor? No action ever gets taken on those in the BJP and also immediately after joining the BJP, while opposition leaders and their supporters are targeted?
• Why Sanjay Raut and Aryan Khan spend time in jail on fabricated cases while media does even talk about the large quantity of drug caught at Modi’s friend, Adani’s port, forget about any investigation by any of Modi’s agencies?
• How out of the over 50 criminals sent by the Home Minister to attack JNU, not even one has an FIR registered or gets arrested?
• How much money has BJP used to buy MPs and MLAs?
• Why so much of hatred has been spread in our society today by Modi, BJP and Godi media?
• How many Indians died of Covid? Could these deaths have been prevented?
• When India has become Vishwa Guru (as per bhakts), why over 8 lac well-off Indians have left and continue to leave India?

Let Us Study Some Sane Views on Present Situation

Supreme Court Views on Hate Speech

The Supreme Court rejected a request to dispose of a contempt plea against the Maharashtra government for allegedly failing to act on the court’s order on hate speeches at rallies in Mar 2023.

• Justice Joseph stated:

o   “This is going on because the state is impotent, powerless, and doesn’t act in time. Why do we have the state at all if it is silent?”

o   “This hate thing is a vicious circle. The moment politics and religion are separated and politicians stop using religion in politics, hate speeches will go away… Some sort of mechanism needs to be developed by the state so that we can curb this kind of statements.”

• Justice Nagarathna stated:

o   “The idea of fraternity was so much there earlier but now I’m sorry to say the cracks are coming. There must be restraint on every citizen.”

o   She suggested that citizens could take a pledge not to vilify other members of the society. “We had orators like Nehru and Vajpayee. People from rural areas used to come to listen to them. Now fringe elements from all sides are making these statements. Are we now going to take contempt of court action against all Indians?” (She probably implied that no one would now come to listen to Modi, Shah or Yogi and the likes).

Supreme Court Views on Appointment of Election Commissioner

• A Constitution bench in the Supreme Court found, the name of Mr Goel was suggested on November 18. This is done by the minister of law and justice (Rijiju). So, he picks up the name from the panel of four names. The file moves on the same day, from the ministry to another officer, and finally to the Prime Minister who endorses the name. It is done in such a haste, tearing urgency that all of this done in one day,” the five-judge bench headed by justice KM Joseph asked attorney general (AG) R Venkataramani.
• Supreme Court opined that an EC should be able to take a stand and not be a passive, “Yes man”
• In 2019 election rallies, Modi gave speeches which clearly breached the model code of conduct through:

o   Religious polarization.

o   Asking for votes on the name of Pulwama martyrs and Balakot strike.

• A weak EC allowed Modi to get away from the misconduct. The dissenting EC, Ashok Lavasa, was hounded by Modi and left the EC.

Terrorizing Judges

• Jyotsna Yagnik. The former judge, Jyotsna Yagnik, who convicted 32 people – including Maya Kodnani, who had been part of Chief Minister Narendra Modi’s cabinet – for the Naroda Patiya massacre of 97 Muslims in Ahmedabad during the 2002 communal riots is today fearful for the safety of her family.

o   She is being subjected to mental torture through threatening letters and telephone calls at all times of the day while the Anandiben Patel-led BJP government has failed to provide an adequate response. A picture of dignity in the face of great mental strain, Yagnik, known for her unerring judicial instincts even in taxing cases remains unfazed, even defiant. “It was my duty to inform the authorities about the threats and I have done that. I refuse to beg or grovel before anyone,” she told the correspondent of “The Wire”.

o   Immediately after she began receiving threatening letters and calls, she sent a confidential letter to the Special Investigation Team (SIT) appointed by the Supreme Court to probe the worst incidents of 2002 enumerating the systematic attempts being made to terrorise her family and her.”I even passed on the telephone numbers from which the [threatening] calls were coming but to no avail. I do not blame the SIT. They are just a forwarding post-office. It is the state government which has to act, and unfortunately, there has been no response,” she pointed out.

o   Yagnik mentioned the recent issue of some convicts approaching High Court judges when their appeals were pending.” If they can approach High Court judges, you can imagine under what pressure a trial court judge [like myself] would have delivered the judgment.”

• Justice Loya: Murder or Death?

o    Loya had died in mysterious circumstances.

o   Caravan had quoted immediate members of Loya’s family, who questioned the circumstances surrounding his death and said that the judge had been offered Rs 100 crore to give an order favourable to the prime accused, BJP president Amit Shah. (For details read the reference quoted).

• Trolling of CJI Chandrachud.

Chief Justice of India DY Chandrachud is being attacked by the troll army, “presumably sympathetic to the interest of the ruling party in Maharashtra” as he is hearing the issue of the political crisis in the state, 13 MPs wrote to President Droupadi Murmu.

• Threat to Retired Judges by Law Minister. A statement issued by 323 advocates said that Rijiju’s speech had “obliquely referred” to a few retired judges as being part of an “anti-India gang” and he “pointedly threatened” these retired Supreme Court judges that “no one will escape” and “those who work against the country will pay the price” “By threatening retired judges, the law minister is clearly sending a message to every citizen, that no voice of dissent will be spared,” it said.

Government Role in Inciting Violence/Spread of Religious Hatred

 

• False Videos to Create Bihar-Tamil Nadu Division. Please read the report: Dividing North and South India With Lies Is Anti-National and BJP Must Be Criticised for It (thewire.in). It clearly shows the active role of the BJP in spread of hatred through a fake video.

•   Ramnavami Tensions. There is a history of tensions created through processions taken out on Ramnavami. From 2014 till date these have increased in keeping with Modi’s agenda of religious polarization to get Hindu votes.

  Stupid Modi’s Policies, False Propaganda by Government plus Godi Media, Amplified by Bhakts & Silence of the Sane, Have Caused Immense Loss to India

  India has suffered a great deal due to the stupid and corrupt policies of Modi, the stupidities of which were covered up or portrayed as great by the government machinery along with the Godi media. The effect has been further accentuated by the active connivance of bhakts. The silence of the sane Indians has also played a role in this because the government is continuing with its stupidities unchecked. Let us examine the salient examples:

  • Demonetization. The loss of lives cannot be quantified. The amount of loss of wealth this stupid decision caused is assessed as around Rs 4-5 lac crore.
  • Ill-executed GST. It is difficult to assess the losses caused by the ill-executed GST. However, Indian economy had been losing growth momentum for three consecutive years beginning 2017-18. GDP growth was 8.3% in 2016-17. It fell to 7% in 2017-18, 6.1% in 2018-19 and 4.2% in 2019-20. The economy has never lost growth momentum for three consecutive years since 1991-92.
  • 4-Hour Notice Lockdown. Apart from the tragedy of the mass migration of labourers back to their villages, India recorded the biggest fall in GDP in the world to almost minus 24%. It took India two years to reach back to the pre-covid level.
  • Criminals Escaping with Indian Wealth. Mallya, Choksi, Neerav Modi and others have duped India of its wealth. Since India could neither get them or the money back, it would be safe to assume that there has been collusion of the government.
  • Writing off of Bank Loans. Since 2014 India has written off over Rs 10 lac crore of bank loans. This is a loss of public money.
  •  Farm Laws. Hundreds of farmers died in the protests lasting over one year and the government did no speak to them. The promises made are yet to be fulfilled.
  • Modi-Adani Scam. There are no worthwhile answers Modi-Adani have to the allegations made by Hindenburg Report, the Washington Post Report and the points raised by Rahul in the Parliament. Indians have paid the price of the corruption.
  • Consistent Spread of Muslim Hatred. Spread of Muslim hatred is the biggest plank for Modi’s sustenance in power.

   

  • “Abki bar Trump Sarkar.” No PM of India has any business to promote an election candidate in US. Modi violated this foreign policy protocol openly. It only harmed the interests of Indians.

   

  • Center and State at War; States at War. I will not go into the details of quoting references but just like to remind as to how Modi has misused Governors and Lt Governors to obstruct the functioning of state governments as well as toppling them. We have witnessed the low of state police forces working against each other.

   

  Just Because Your Mummy, Daddy, Uncle, Friends Advise you Not to be Critical, Don’t Stop Doing So

  Rahul and the opposition are stating the truth. Indian democracy is in danger. The government is letting us down. The media has sold its soul. The supposedly independent institutions are no longer independent. If you and I don’t ask questions, we will lose democracy. We have already lost a large part of it. I have already enumerated the numerous other losses suffered owing to the silence of the sane people.

  CJI Chandrachud, journalist Ravish and Kannan Gopinath also get advice just like you do. The pressure on them is far greater. I urge you, the young men and women to please seek inspiration from them; be critical of the wrongs, ask questions to save democracy and make a better India tomorrow. I will be cheering for you. Good luck!

  References:

  • The Official Secrets Act, 1923: A look at what it contains, when was it reformed and who’s been implicated under it-India News , Firstpost
  • Can a public servant criticize Government Policies? (sansarlochan.in)
  • Rules framed: Civil servants not allowed to criticise govt on social media | Latest News India – Hindustan Times
  • India again placed at 142nd rank in press freedom – The Hindu
  • UP: Journalist arrested for questioning BJP MLC granted bail (siasat.com)
  • Not nationalism but cowardice: Rahul on Jaishankar’s China remarks- The New Indian Express
  • Hate speech a vicious circle, says SC, chastises states for being impotent- The New Indian Express
  • ‘Why the haste’: SC on new EC’s appointment | Latest News India – Hindustan Times
  • The Legacy of a Different CEC: When J.M. Lyngdoh Stood up to Modi (thewire.in)
  • Judge Who Convicted Modi’s Minister In Riots Case Now Fears for Her Family (thewire.in)
  • Death of a Judge: What We Know, What We Don’t Know (thewire.in)
  • ‘CJI Chandrachud being trolled’: 13 MPs, including Jaya Bachchan, write to Prez | Latest News India – Hindustan Times
  • Kiren Rijiju: Advocates deprecate law minister Kiren Rijiju’s remarks about retired judges – The Economic Times (indiatimes.com)
  • Dividing North and South India With Lies Is Anti-National and BJP Must Be Criticised for It (thewire.in)

–BY COL M M NEHRU