Political thuggery has no place in a civilised, democratic society.

Enough is enough! It's time we citizens speak up. This country and its law abiding citizens can't be held to ransom any more by goons of MNS (and their likes) - who hide behind political affiliations and political protests. It’s time law of the land firmly catches up with these hooligans and appropriate timely decisive action is taken by law enforcement to bring them to justice and to deny them any sort of legitimacy. 

Peaceful political protest is a matter of right in any constitutional democracy but no right is absolute. Yes, liberty of political protest is granted by our constitution but this right is not absolute. Reasonable restrictions in law disallow any disturbance to public order or harmony, or any violent act or any intimidation of citizens with fear for their life or for bodily injury or for damage to their property or for economic losses or any trampling of rights of citizens.

Our democratic polity is founded on the bedrock of rule of law. Explicit or implicit threats of violence to law abiding citizens with respect to their life, liberty or property by such goons under the veil of democratic protest can't be allowed to go on unbridled without law enforcement taking appropriate and timely cognisance and suitably dealing with them. It’s time law of the land catches up with these thugs and hooligans threatening peace and tranquility in the community for their selfish and ulterior motives. 

Such extra-constitutional methods and criminal behaviour to gain political legitimacy and space are absolutely UNACCEPTABLE in any civilised democratic society / polity - governed by rule of law. In our constitutional scheme, no one has the right to take law or the role of law enforcement in its own hands or to assume the role of a public policy enforcer or to even act as the moral police. It is only the Government of the day which has the mandate to enforce law or to frame public policy or to curb citizen's rights in public and national interest. 

Time has come that these thugs and crackpots - who have scant regard for law of the land, who have little respect for rights of silent law abiding citizens, who have utter disregard for freedom and liberty of others, who care the least about national interest or about public order over their self interest and who keep daring and testing Government's patience and restraint, must now be firmly taken to task as per law. 

Without sounding repetitive here, these goons and thugs must be booked and brought to justice for their anti-constitutional methods such as criminal intimidation and threat to cause grievous injury or death or for disturbing peace and public order, or for instigating violence or for causing arson or for vandalising or damaging public property or for threatening internal security or for violating and curbing other rights of citizens in the bargain - as the case may be.

Moreover, this crooked narrative of democratic protests underlined by violence, arson, threats, fear mongering and criminal intimidation, must be condemned, opposed, dismissed and lawfully dealt with by civil society, with all the power and resources at its command. Civil society's voice and role in tackling with this disturbing narrative is no way of lesser importance here. It must enhance its active involvement in promoting and strengthening the narrative of rule of law, public order, constitutional values, peace and harmony and in bridging societal gaps, if any.

India is on the verge of becoming an economic superpower. This nation aspires to achieve that status and it is critical that these aspirations are realised soon. Peace, order and stability are therefore an absolute imperative here. Economic development and growth is not possible in an environment of chaos, disorder and insecurity. Decisive and efficient management of public order, safety and peace is the foremost function of governance.

Government of the day which is mandated to determine public policy and to enforce rule of law must gather enough political will so as to take firm appropriate lawful decisive action to bring the goons and thugs of MNS (and their likes) to justice and to ensure equality of all before law. At the same time, Government of the land is duty bound to ensure protection and safety of life, liberty and property of citizens. Government's response must instill confidence and adequate sense of safety and security in the citizenry. 

It is, henceforth, critical that the Government proclaims that there will be zero tolerance to any political hooliganism or to any violence or to any threats of violence or of public disorder being perpetrated under the veil of political protests by such goons and thugs. The Government must respond lawfully, appropriately and firmly and must be seen in such light so as to assure safety to its citizens besides sending a stern message to the goons of MNS (and their likes). 

Also, the role of national and local media in preventing this menace to spread further can’t be over emphasised here. Media coverage to these violent political protests and intimidation by goons serves as oxygen for such unlawful behaviour and designs. Space in media emboldens these goons who feed and thrive on publicity. Let’s not give the airtime and space that these thugs do not deserve. Anchors and editors need to exercise more discretion and self-restraint in choosing public interest over giving in to TRP led impulses. Media must seize on this important opportunity of doing a greater public service by shunning these hooligans, their narrative and their violent ways.

Finally, it's time that these goons and thugs of MNS (and their likes) learn a lesson that this nation is governed by rule of law. A stern message must go out from the Government to these hooligans that their threats, intimidations, vandalisation, violent and extra-constitutional ways will not be tolerated anymore and law enforcement will catch up with them in a firm and decisive manner, no matter what. This is what good governance and rule of law proclaim and demand and this is where the real challenge to governance lies today. 

p.s. By the way, I don’t carry any brief for anybody on the subject. Views are personal.

Rule of Law - Nation's command and its bulwark too!!

Series of incidents and events in Academic institutions of repute across the country - leading up to the on going JNU turmoil, have once again highlighted the growing politicisation and degeneration of Campus environment at Centres of learning in general and Institutions of Higher learning, in particular. And the situation has come down to such lows that, at times, a section of students and /or lumpen elements at these Campuses with active involvement of outsiders, have  arguably started indulging in anti-national activities in utter disregard of the laws of the land and in absolute disrespect for the very Institutions that they are part of. This can’t be allowed under any pretext, it is completely unacceptable and the Government of the day must diligently, lawfully, fairly, non-arbitrarily, appropriately and decisively deal with it, wherever credible evidence lies. On the other hand, the accused of such charges must submit themselves to judicial process and must stand the test of trial in a Court of law and let the Court/s determine, decide and administer the justice.

People indulging in any kind of anti-national activities at these Campuses, if held to be true, can’t be allowed to hide behind freedom of speech/expression or under autonomy of Institution. They are accountable to the law of the land. Freedom of speech and expression under Article 19 (1)(a) in the Constitution is not absolute.  This fundamental right is a qualified one and is subject to reasonable restrictions as enumerated under Article 19 (2).  With freedoms cometh some duties and restraints. For instance, interpreting sedition law, Supreme Court, over the years, has held that whenever, the exercise of such freedom by words of disaffection or by any act which creates or attempts to create hatred or enmity against the State resulting in violence or causing public disorder, then, at that moment, such freedom ends and provision of sedition applies. The speech or expression against the State must be intrinsically dangerous and should be accompanied by violence or public disorder (that was intended), to fall under the ambit of sedition. Therefore, under our constitutional order, any speech or expression that is intended to hurt the sacrosanct concepts of security, sovereignty and integrity of the Union and which aims to and results in public disorder or violence, is an absolute NO-NO. This is the law of the land.

Without a doubt, freedom of enquiry and academic autonomy of institution are required for the Institution to thrive, for advancement of learning and development of students. But such autonomy is also not absolute….not even when the Institution is private funded or unaided. In essence, Institutional freedom means the freedom to appoint faculty, set academic standards and admit students i.e. who may teach, what may be taught, how it should be taught, and who may be admitted to study. But academic and institutional autonomy cannot be misunderstood or linked with freedom of speech and expression. Any autonomy goes hand in hand with accountability and responsibility. And there is no freedom from accountability or responsibility under any institutional scheme of things – public or private.

The Faculty is governed by the rules of the Academic Institution and the Academic Institution, likewise, is overseen and governed by the relevant policies, rules and regulations of the respective Governments – at Centre or States. Further, no Academic institution or its rules and regulations can override or go against the laid out public policy of the State - either at Centre or at States.  Any compromise with academic standards, academic environment, maladministration, corruption, non-compliance, public order, etc. will attract appropriate Central and State statutes and provisions. Period!

On the other hand, such untoward developments are symptoms of a deeper malaise which is the rampant politicisation of Academic Campuses. These incidents are sending loud and clear messages to political parties and groups across the spectrum – It is time now to STEP BACK and TAKE STOCK of the effect of this malaise on Campuses. It is time now to STOP further politicisation and vitiation of these temples of learning for vested interests and ulterior motives. It’s time now to STOP fighting dirty proxy political battles by manipulating young minds - one against the other and by using the turfs of these Academic institutions for selfish and narrow ends. It’s time now to STOP meddling in the affairs of the students or in the functioning of students bodies on College and University Campuses, from outside.

Let the young minds on Campuses discover and figure out the nuts and bolts of students politics and democratic political process themselves. Let the young minds debate, discuss, falter and learn on their own - without getting manipulated by either outside forces or by Faculty. Let them be themselves - independent, free and responsible enough to make their own democratic choices, to decide for themselves and to take charge of student welfare / issues in their own way within the given constitutional and institutional framework. They are there for that very purpose and even if they are imperfect in their political decision making (they being students after all), let them learn and find a way out on their own within the ambit of rules and law. More importantly, this approach will help cleanse student politics at Campuses and restore Campus sanity as well. This new direction is required and is certainly in national interest.

The same loud messages go out to some in the Administration and to some amongst the teaching fraternity on these Campuses as well.  Hope they are listening!!

Imposition of one ideology, one belief system, one narrative or one school of thought in Academic institutions, in this day and age, simply cannot work because it not only goes against the Constitutional order but also against the ingrained ethos of this land of extraordinary pluralism and rich diversities - multiple narratives, multiple faiths, multiple ideologies, multiple ethnicities and multiple cultures, that this nation is so blessed to have and its citizens so proud to possess.

Parents make huge sacrifices to send their sons and daughters to these vibrant seats of learning to study, to ask questions and to seek answers, to burn midnight oil, to challenge themselves, to broaden their horizons and understanding of the world, to become responsible citizens and to prepare themselves for a better future but in NO WAY to become mere pawns at the hands of political parties or groups to serve petty political interests on Campuses.

Academic institutions are not meant to wage wars of ideologies, or to fight pitched political battles, or to misuse it for illegal or anti-national activities, or to engage in vandalism, indiscipline or violence. They are primarily meant for noble pursuits of knowledge and excellence, for liberating young minds of dogmas, for discussing and debating issues that matter, for sharing and learning from diverse thoughts and experiences of each other, for working hard and challenging one's limits every day and for imbibing explicit values of respect, ethics, integrity and accountability - that are so essential in shaping up and preparing oneself for future life and for making a difference in this competitive civilised world. 

Moreover, any person or group of persons which engages in physical violence, indulges in vandalism and arson, takes law into its own hands, and makes a mockery of rule of law not only violates the law of the land but also violates the sanctity of Constitution. Such persons not only shame the civilised society but also do a disservice to the nation by their unlawful acts. Violence has no place in democracy and nobody is above the law. Nation is governed by rule of law.

Lastly, if enforcers of law wilfully do not take cognisance of an offence already made or being made and ignore or look the other way round against their mandated duty or if they act arbitrarily or in a prejudiced or discriminatory manner, then it is not merely a dereliction of duty but rule of law becomes a casualty. Rule of law dictates that no one is above law, enforcement officials are accountable to law, executive action must stand the test of legality, equality before law is enforced in letter and spirit, offenders are treated in accordance with procedure established by law, a fair investigation and a just trial is given to the accused, principal of natural justice must be followed and alleged offender (if found guilty) must be brought to justice within a reasonable period of time.

Those who are mandated to uphold the law, to enforce rule of law, to aid administration of justice and to protect the dignity and sanctity of Constitution have a much wider role to play in the Society. They must be role models to their fellow citizens in respecting and upholding the law of the land and the Constitution. The Nation holds them in high esteem and looks up to them for inspiration. 

Rule of law MUST PREVAIL in all circumstances because there lies the key to freedom, liberty, unity, peace, strength and progress. It is one of the basic structures of Constitution. Rule of law must be a living reality to its citizens for the Nation and its democracy to prosper and thrive.

Manauwarul Haque

(Someone who had the privilege of going to three Central Universities – AMU, JNU and DU over a period of three decades, and who takes great pride in being part of these prestigious seats of learning)

(Views are personal)