Daily Archives: July 12, 2020

It is said that when Benjamin Franklin emerged from the concluding session of the Constitutional Convention, one Mrs. Powell asked him, What have you given us?

A Republic, he responded, if you can keep it.

That claim, of course, stood glossed by the trenchant irony that, at that point in 1787, the American constitution framed in Independence Hall in Philadelphia did not include the right to vote for American women.

Only after heroic struggles by American suffragettes was that right realised in 1920.

Just as the formal right granted in 1870 to African-American men to vote was actually to fructify as late as 1965 when the Voting Rights Bill was passed.

Yet, some 230 years after the adoption of the American constitution, the United States under the Trump presidency can be seen to be embroiled in another historic battle to preserve the republic and all its democratic and institutional accomplishments.

The situation in India is not too different.

The Indian constitution granted the right to universal adult franchise from its very inception, transcending some stiff opposition from deeply conservative sections of the Constituent Assembly.

The Constitution of India. Photo: Wikimedia Commons

A pivotal aspect of that revolutionary accomplishment was the new emphasis on expanding literacy in order to lift the mass of Indians out of ignorance and render their exercise of franchise sentient and independent. Long decades of struggle were finally to culminate in the legislation by parliament on August 4, 2009, which made access to free school education a legally enforceable right.

Needless to say, that education about republican values and citizens struggles to realise them is transmitted to students in academic institutions through a study of social and political science curriculum, and, overall, through a study of the history of cultural oppressions and aspirations.

Those histories also teach us that when nation-states come to centralise economic and political power, the existence and sanctity of democratic institutions and imperatives notwithstanding, it is not the hard sciences that offer much resistance. Such resistance invariably comes from the social scientists and historians who insist on educating us about the non-negotiable status of republican goals and the required modes of governmental conduct thereof.

Also read: The Republic at 71: Faced With an Unbending Government, Indians Continue to Speak Out

Caveat: There was a time when the hard sciences became the chief instruments of progressive historical transformation (recall Copernicus and all those that followed in changing irretrievably our consciousness of material forces and phenomenon). But, as the new revolutionary classes settled down to profit accumulation, science needed to be reduced suitably to technologies that would no longer ask humanist questions but serve the interests of endowed classes.

For a century or more now, the burden of humanist scrutiny has been carried forward by historians and social scientists. One must always remember that many historians and social scientists have, nonetheless, continued to owe allegiance to revanchist and reactionary structures of thought.

Closed authority structures then develop a vested interest in keeping from citizens critical knowledge of social and political formations and of constitutional values that pertain to principles of republican democracy, even while they obtain executive legitimacy from democratic forms of government formation. The possibility of such a degradation of liberal archives of politics into authoritarianism was eloquently explored by Horkheimer and Adorno in their path-breaking Dialectic of Enlightenment.

Such authorities begin to clip the wings of the sources of progressive humanist knowledge by either cutting resources to the social sciences, or by taking recourse to sundry strong-arm methods available to the state. But, most of all, by reformulating schools curricula to the states ideological requirements.

A demonstrator attends a protest against riots following clashes between people demonstrating for and against a new citizenship law in New Delhi, India, March 3, 2020. Photo: Reuters/Adnan Abidi

Within any educational system, it is a given that the content and quality of curricula suggest what authorities who frame those curricula think to be desirable or deleterious to the development of citizens cognitive allegiance to the ideological preferences of ruling social forces.

And, exclusions from the curricula are often far more indicative of the bent of those authorities than the inclusions.

In that context, the shredding of subjects inscribed in the Social Science, Political Science, and History text books of class 9, 10, and 11 of Indian schools just announced by the Central Board of School Education (CBSE) on directive from the Minister of Human Resource Development, no less, must be seen as a telling pointer to the priorities of the present central government.

Also read: Chapters on Citizenship, Secularism, Federalism Scrapped as CBSE Prunes Syllabus for COVID

Arguing that the burden on senior school students needs to be reduced, for the year 2020-2021 In view of the disruption caused by the COVID-19 calamity, it is proposed that subjects like, inter alia, Democracy and Diversity, Gender, Religion, Caste, Popular Struggles and Movements, Challenges to Democracy, Citizenship, Nationalism, Secularism, Federalism, Planning Commission and Five-Year Plans, Peasants, Zamindars, and the State, Understanding Partition, and Mathematical Reason be excluded from the existing curriculum for purposes of examinations.

In effect, all those materials that bear on the formation of republican citizenship, a republican constitution, and a critical understanding of how we came to be and who we are, and what our role as citizens of a republic is in upholding republican principles are to be ejected as matters of lesser consequence than the imbibing of supposedly ideologically neutral skills. The ejection of such materials, of course, reveals how frustrated authorities are with their critical and social import.

All this of course falls pat within the intellectual parameters of a nationalism that looks upon open liberal enquiry into state formations as anathema. In so far as such enquiry often brings into question the unanalysed or tendentious economic, cultural and historical predilections of closed authority structures, it is always the social sciences and truthful history writing that present the most obstacles to the closure of the governing arrangements of autocratic rule.

Also read: CBSEs Deletion of Chapters on Ecology, Evolution During Pandemic Ironic, Say Biologists

It should be clear from the above list of exclusions that the bad and the ugly must be jettisoned from study and deliberation; unsurprisingly, all of these exclusions impinge on the right of diverse oppressed segments of the citizenry to learn of both their sources of oppression and their republican rights and prerogatives.

Coming as this does in the wake of what we have seen of the plight of millions of trudging immigrantsan instructive episode that brought to the fore the continuing fault lines of caste, class, gender, and religious identitythe diktat seems to announce a clampdown on such learning and pedagogy that may raise questions of macro-historical distress and discrimination that continue to plague the republic.

Note that the honourable minster does not include such subjects in the core values of education or of learning achievement.

Just as one wonders what Franklin may have thought of the current goings-on in the American Republic, one may wonder what the founding fathers of the Indian freedom movement and the framers of the Indian Constitution may have thought of these revanchist moves in the substance and conduct of Indian school education.

John Dewey, that doyen of educationists, once wrote that the true aim and purpose of education is education.

Not so.

Badri Raina has taught at Delhi University.

Read more from the original source:

Republican Values, Or Things That Students Need Not Learn - The Wire

New Delhi: Every day, an average of five people die in custody in India, with some of them succumbing to torture in police or judicial custody. 2019 was no better, as 117 people died in police custody while 1,606 deaths were recorded in judicial custody. And yet, there has not been a single conviction in the deaths of 500 persons allegedly due to torture in police custody between 2005 and 2018.

A report by the National Campaign Against Torture a platform for NGOs working on torture in India has highlighted how torture continues to remain a favoured tool in the hands of the police to extract information and confessions, or sometimes just to victimise oppressed sections of society.

The India: Annual Report on Torture 2019 has also identified `15 trends of torture and impunity which reveal how torture has also become a systemic tool of oppression, extortion and silencing dissent. Further, it alleges that high levels of criminality exist within the police and amongst jail officials.

Watch: Indias 23-Year-Old Failure to Ratify UN Convention Against Torture is Shameful

Drawing from the past, the report said with respect to the death of 500 persons remanded to police custody by court between 2005-18, 281 cases were registered and 54 policemen were chargesheeted, but not one has been convicted so far.

The report said in 2019, the National Human Rights Commission (NHRC) recorded 1,723 cases of death in custody. It noted that most deaths in police custody occur primarily as a result of torture. Of the 125 deaths in police custody, 93 (74.4%) were due to alleged torture or foul play while 24 people (19.2%) died under suspicious circumstances such as suspected suicide (16 persons), illness (7 persons) and slipping in bathroom (1 person). Uttar Pradesh had the highest incidence of such deaths with 14 cases, followed by Tamil Nadu and Punjab with 11 cases each.

Many theft suspects allegedly tortured to death

The report also highlighted how while probing non-heinous crimes, police personnel in several states went to the extent of torturing the suspects to death. It said the practice of torturing the suspects in police custody to punish them or gather information or extract confessions continued to be rampant.

From a 17-year-old boy in Tamil Nadu, to Hira Bajania of Gujarat, Karan Kumar of Punjab, Nesar Ansari of Bihar and Ashok Bansal of Madhya Pradesh, the report cited cases where people were allegedly tortured to death only because they were suspected to have committed thefts. This apart, it pointed out how some, like Rajesh of Kerala, died by suicide as they are unable to bear such torture.

Also read: Custodial Torture: It Is the Criminal Justice System That Requires Investigation

In some cases, groups of people are also subjected to torture as the cops want to extract confessions. In this regard, the report cited the case of two Dalit brothers Deepak and Dashrath and 12 labourers, including women, of Gujarat who were tortured to extract confessions in connection with a case of murder. Often, it said, people are also tortured by cops or jail staff to extort money from them or their relatives.

Torture includes beating, pulling nails, burning and even rape

The method of torture revealed by the report show the level of criminality in the police and jail officials. It also shows how operating in closed systems, they have a sense of entitlement and impunity.

The report said from acts like slapping, kicking with boots, beating with sticks, pulling hair, torture also includes barbaric methods like hammering iron nails in the body (as in the case of Gufran Alam and Taslim Ansari of Bihar), applying roller on legs and burning (as happened to Rizwan Asad Pandit of Jammu & Kashmir), and falanga or beating with sticks on the soles (as with Rajkumar of Kerala).

Sometimes, the police and jail staff even go to the extent of stabbing people with a screwdriver (as Pradeep Tomar of Uttar Pradesh was subjected to) or giving electric shock (as with Yadav Lal Prasad of Punjab and Monu of Uttar Pradesh). Often, private parts are also targeted. There have been instances of cops pouring petrol on private parts (as in the case of Monu of Uttar Pradesh) or applying chilly powder to them (in the case of Raj Kumar of Kerala)

Sexual crimes also perpetrated by the custodians of law

As part of torture, the report pointed to cases where the victims were forced to perform oral sex (as in the case of Hira Bajania and 12 others of Gujarat). Also, it said women continue to be tortured or targeted for sexual violence in custody.

In this regard, the report said a 35-year-old Dalit woman was allegedly illegally detained, subjected to torture and raped in police custody by nine police personnel at Sardarshahar police station in Churu district of Rajasthan. Her nails were also plucked by the cops who tortured her, the report said.

Most victims from poor, marginalised sections

The report said most victims were from poor and marginalised sections and were targeted because of their socio-economic status. It said 75 of the 125 people killed in police custody belonged to such communities with 13 of them being Dalits or from tribal communities, 15 being Muslims and 37 being those who were picked up for petty crimes.

Also read: Most States Have Flouted Mandatory Judicial Inquiry into Custodial Deaths for 15 Years

After these heinous crimes of torture, the report said, the police often tries to cover up by destroying incriminating evidence of torture, not conducting post-mortems or cremating the bodies of torture victims in haste.

The NCAT recorded at least four such cases. These included the 17-year-old boy from Tamil Nadu; Hira Bajania of Gujarat, and Mangal Das of Tripura.

Even minors not spared

On how minors also end up being victims, the report said it was because the Juvenile Justice (Care and Protection of Children) Act, 2000 has not been implemented properly. It pointed out that those allegedly killed due to torture include four children in police custody and one in a juvenile home.

In jails too, the report said, torture was common. In this regard, it referred to how Nabbir, an inmate of Tihar jail in Delhi was allegedly tortured by a jail superintendent who branded Om symbol into his back before depriving him of food for two days.

Torture by armed forces

The NCAT report also accused the Indian Army and Central Armed Forces deployed in the insurgency affected areas and the border areas of being involved in torture. It said Mungshang Konghay was allegedly tortured in the custody of 17th Assam Rifles at Litan in Ukhrul district of Manipur in May 2019. The victim alleged that he was tortured to make him confess that he is a member of an underground group, it added.

Similarly, it said, in June 2019, 17-year-old Tarun Mondal was allegedly tortured to death in the custody of Border Security Force (BSF) in Murshidabad district of West Bengal. Suspected of cattle smuggling, he was first shot below the knee and then beaten with boots and rifles till he fell unconscious.

Also read: Justice for Jayaraj and Bennix Means Ending a Culture of Impunity

The report also blamed armed opposition groups like those in Jammu and Kashmir and Nagaland of using torture against informers. It said two people Arif Sofi of Khudwani and Mehraj Ahmed Dar were abducted by militants from their homes in Kulgam district of J&K on the suspicion of being informers. Though they were later released, one of them succumbed to his injuries.

Similarly, Hangkon Solting was tortured to death by alleged National Socialist Council of Nagaland (NSCN) (R) militants in Changlang district of Arunachal Pradesh, it said. It also spoke about how Maoists use brutal killing and torture of their hostages, including after being subjected to summary trial in so-called `Jan Adalats or peoples courts, in full public view to instil fear among the people.

Centre not keen on bringing own law, ratifying UN law against torture

Finally, despite the large number of cases of torture being reported each year, the NCAT lamented that the Government of India has no intention to ratify the United Nations Convention against Torture (UNCAT) or enact a national law against torture despite the Law Commission of India submitting the draft Prevention of Torture Bill, 2017 for enactment by the parliament in October 2017.

It added that the refusal of the Supreme Court, in its judgment of September 2019, to issue directions to the Centre to enact a national anti-torture law has further emboldened the government to not ratify the UNCAT.

Read this article:

Custodial Torture Continues Unabated in India Amidst Culture of Impunity: Report - The Wire

MinnPost photo by Tom Nehil

Rep. Ilhan Omars most prominent challenger in the DFL primary is Antone Melton-Meaux, a newcomer to DFL politics.

Welcome to this weeks edition of the D.C. Memo. This week from Washington, the Fifth District primary, Jason Lewis responds to MinnPosts coverage and Andy Slavitt says something hopeful on COVID-19.

Rep. Ilhan Omars most prominent challenger in the DFL primary is Antone Melton-Meaux, a newcomer to DFL politics. Whos funding Melton-Meaux? Where did he come from?

You can read more at MinnPost.

HuffPost also has a breakdown of the race, primarily looking at how right-leaning Israeli policy groups are targeting Omar and assisting Melton-Meaux. Heres a bit of it:

Antone Melton-Meaux, 47, the Minneapolis attorney seeking to unseat Omar, 37, in the states Aug. 11 Democratic primaries, raised more than $1.5 million in May alone.

Much of that cash comes from political action committees opposed to more U.S. pressure on the Israeli government. Two such groups, Pro-Israel America and NORPAC, have bundled upwards of $450,000 for Melton-Meaux to date.

These Israel hawks investment in unseating Omar follows an expensive and ultimately unsuccessful intervention on behalf of House Foreign Affairs Committee Chairman Eliot Engel. Given Engels massive deficit in the in-person vote, the New York Democrat has all-but-officially lost to Jamaal Bowman, a progressive challenger who is more critical of Israel, in his June 23 primary.

I reported last week that Jason Lewis, the endorsed Republican for Senate in MN, previously said Trayvon Martin was a thug, a kid in trouble, not a saint, not a role model, and guilty.

On Monday, Lewis was asked by a radio host what he thought about the discrepancy between his words about George Floyd, whose death he called tragic, and his words about Trayon Martin. He laughed.

Host: You called the death of George Floyd tragic, because it was, but you said different things after another person died a long time ago, so how do you rectify that, Jason?

Jason Lewis: I dont know, its kind of amazing.

You can listen to the clip here at about the 42 minute mark.

On July 7, during a speech in front of the Minnesota state capitol, Rep. Ilhan Omar called for dismantling the whole system of oppression. Right-wing media immediately jumped on the clip, suggesting that Omar was saying we need to dismantle the entire U.S. political system.

The Daily Caller ran this headline: Ilhan Omar Calls For The Dismantling Of US Economy, Political System.

Fact-checking website Snopes rates that claim as false.

Andy Slavitt, the former Acting Administrator of the Centers for Medicare and Medicaid Services, talked to the Minnesota State House about COVID-19 this week. His assessment: Minnesota can have its economy back if it stays hyper-vigilant.

The good news is that with all the time Ive spent with leaders around the country, with scientists, with epidemiologists, that with the right strategy and the right approach, we can get through this virus. We can live with this virus and we can indeed have our economy back, Slavitt told the Minnesota Houses Select Committee on Minnesotas Pandemic Response and Rebuilding.

Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law. Because Congress has not said otherwise, we hold the government to its word, Supreme Court Justice Neil Gorsuch wrote, in a 5-4 decision affirming that nearly half of Oklahoma is within an Indian reservation.

Omar Rashad and Katherine Swartz for CalMatters: UC will sue Trump administration over new international student visa rules

Joining Harvard and MIT, the University of California is set to sue the Trump administration for a policy change that would force international students not taking in-person classes to leave the country.

Thats all for this week. Thanks for sticking around. Until next week, feel free to send tips, suggestions, and sound advice to: gschneider@minnpost.com. Follow at @gabemschneider. And dont forget to become a MinnPost member.

Original post:

DC Memo: Focus on the Fifth District - MinnPost