Karnataka has shown how to defeat Modi

M o d i t u r n e d t h e s t a t e e l e c t i o n i n t o a re f e re n d u m o n h i m s e l f. H e l o s t A n d s o u t h e r n I n d i a i s n o w f re e o f t h e B J P clues to the struggle the rest of India faces to reverse the loss of its national, secular identity since Modi came to power in 2014

After all it is not only the Bajrang Dal but the BJP itself – along with its numerous fraternal organisations and informal networks – that work day and night to turn Hindu communities into an anti-minority unitary block Still, even the pursuit of the law as per the Indian Constitution by the state government would make the daily lives of religious minorities much easier

IN D I A S political landscape is again alive with new possibilities after the southern state of Karnataka threw the Hindu supremacist Bhartiya Janata Party out of power in recently-held assembly elections and elected the long-struggling Congress Party

The decisive defeat of the BJP in Karnataka means that now all of southern India is free of BJP rule – dashing the hopes of Prime Minister Narendra Modi s party to use the state as its gateway to a part of the country it has largely failed to win over It s a stinging rebuke for the BJP, which has been saying that it wants to make India free of the Congress

T h e d e f e a t c o n t a i n s o t h e r m e s s a g e s a s w e l l

One cannot forget that Modi’s multiple rallies and roadshows in Karnataka focused on telling the electorate again and again that the Congress ought to b e p u n i s h e d b e c a u s e i t h a d i n s u l t e d h i m T h u s , Modi turned the election into a referendum on himself

He was rejected

In most constituencies where he campaigned, his party lost denting his carefully-built image of invincibility He is trying to distract public attention by flooding TV screens with images of a rally where he addressed the Indian diaspora in Australia but the damage is done

Led by Modi, the BJP had run a campaign that relied heavily on dog whistles and direct references to Muslims portraying India’s largest religious minority – 200 million strong – as a threat Modi also used a highly-controversial and Islamophobic movie released strategically when the campaign was on But this, too, was rejected

The Congress Party s reassertion of its secular resolve during the campaign is extremely significant, including in its suggestion that it might ban the Bajrang Dal one of the most militant arms of t h e R a s h t r i y a S w a y a m s e v a k S a n g h t h e H i n d u supremacist parent body of the BJP Muslims and Christians who have long suffered from the violence of Bajrang Dal, had accepted it as a fait acc o m p l i t h a t t h e y w o u l d h a v e t o l i v e w i t h t h i s violence irrespective of the political party in power

Not any more

The new Congress government in the state has announced that it would reverse the previous BJP administration s fiat to ban the hijab in educational institutions – a move that has reassured Muslims their cultural rights will be protected and respected Priyank Kharge, a minister in the new government, has also said that a controversial ban on cow slaughter will be reviewed: This was used by the ousted BJP government to harass and persecute Muslims but also hurt the rural economy

The return of the rule of law is indeed welcome

But it will be a major challenge for the new government to purge the state of the majoritarian poison the previous government had injected into Karnataka’s society And how it succeeds or fails will offer vital

It is not only the defeat of the BJP but the decisive victory of the Congress which is significant as many analysts had started writing off India s Grand Old Party It will boost the morale of the party in the states of Madhya Pradesh, Chhattisgarh and Rajasthan where legislative elections are due later this year

The Karnataka elections have also put a seal on the authority of Mallikarjun Kharge the new president of the Congress Party His leadership from the front during the campaign proved wrong those who had alleged he was merely a puppet of the NehruGandhi family that has dominated the Congress Party and indeed Indian politics for most of the past 75 years Kharge a Dalit played a leading role in the process of government-making in the state and has emerged as a team leader He is a fearless orator who appears to have brought a sense of purpose to the organisation of a party that previously looked disoriented in many ways The implications are major

The Congress remains the only political party with a pan-India presence that can take on the BJP Its marginalisation and decimation would have made it very difficult for a coalition of the opposition parties to look credible before the electorate, when they chose their next national government in the 2024 parliamentary elections

This victory has underscored to regional parties why the Congress must remain the fulcrum of any oppositional national front if it is to offer a credible alternative to the BJP

However the obstacles for a national opposition are many and formidable First is the collapse in the independence of Constitutional authorities– from the Election Commission to the courts to law enforcement agencies

Instead of ensuring a level playing field and serving as checks and balances against the executive these previously hallowed institutions are today hollowed-out shells, increasingly partisan, often openly, towards the BJP

The mainstream media campaigns against the opposition and does propaganda for the ruling party Corporate honchos – who also control the media –have not yet deserted the BJP and major electoral funding goes to Modi s party while the opposition is starved of funds

In the next year, India will see anti-Muslim and anti-minority rhetoric grow shriller This is a timetested election plank for the BJP The people of Karnataka have shown that a secular appeal can still find ears and translate into votes The big question is whether the rest of India will heed the South s example and join it in the restoration of India as a country for all with equal rights section 131 of the Pakistan Penal Code but rather under the provisions of the PA Act or the PAF Because of the provisions of sections 59(4) of the Pakistan Army Act and 71(3) of the Pakistan Air Force Act, as well as Section 59 subsection 4 of the Pakistan Army Act 1952 which is a deeming provision and a non-obstante clause the trial procedure specified by the Act of 1923 is superseded

The 21st Amendment unanimously approved by Parliament, after the Army Public School incident included the Protection of Pakistan Act 2014, Pakistan Army Act 1952,” “Pakistan Air Force Act 1953,” and “Pakistan Navy Ordinance 1961” in order to exempt them from the application of Article 8 and the High Court’s ability to issue writs for any violations that on the surface appear to be inherent in the laws mentioned above

The Supreme Court was presented with this argument

The Pakistan Army (Amendment) Act, 2015 and the 21st Constitutional Amendment were not constitutionally impermissible, according to the majority verdict, since they were approved by the Parliament which had the power to do both within the bounds of the Constitution

The Supreme Court ruled in Said Zaman Khan v Federation of Pakistan (2017 SCMR 1249) that although the crime of which the convict was accused was punishable under the ordinary law of the lands and triable by a Criminal Court, therefore constituting a “civil offense” as defined by subsection (3) of section 8 and liable to be tried by the FGCM due to the provisions of that statute even though the accused was a civilian he participated in attacks against the Pakistan Army The court explicitly declared that the Pakistan Army Act may apply to him even if he was a civilian due to his actions

There is also a need simultaneously to make maximum efforts for taking all steps for holding fair military trials particularly where civilians are involved and have been charged under the military laws The accused should have the right to legal representation of his choice, should be given enough time and space to prepare their defense, and should be given access to a lawyer at no cost if they are unable to pay for one Additionally the accused should have the right to justice and should have the principles of justice and due process in form of right of statutory appeal before High Court must be upheld as guaranteed under the Constitution Maintaining the innocent until proven guilty rule is important in military trials

This is a fact that in recent political governments including the last in tenure civilians were tried under the military laws and their individual convictions were later challenged before the Superior courts as per practice and laws and some are still pending before the courts Although civilians can be tried in Pakistan under military laws being necessary legal provisions are in place, and the Superior Courts have up to this point endorsed these statutory provisions in various judgments

But still there is an urgent need to concentrate on thorough judicial reforms to strengthen the civilian criminal justice system Increasing the capability independence, and effectiveness of civilian criminal courts to handle matters involving terrorism, national security, and other offenses often handled by military tribunals might be one way to achieve this Time- limited trials removal of outdated criminal laws and procedures with new legislation specialized training for judges and prosecutors infrastructure development and sufficient funding for the civilian judiciary are a few examples

Hafiz Ahsaan Ahmad Khokhar is a practicing Advocate Supreme Court of Pakistan He can be reached at his email hafizahsaan47@gmail com

T i p u S u l t a n : F a l l a c i e s a n d f a c t s

He encouraged the educ ation of both boys and girls, and established several schools and libraries

TI P U S U LTA N, also known as the Tiger of Mysore, was a renowned ruler of the Kingdom of Mysore in Southern India from 1782 to 1799 He was known for his military prowess his efforts to modernize the administration and economy of his kingdom and his resistance against British colonialism Tipu died in battle against the British forces during the Fourth Anglo-Mysore War However, his name and fame has been nullified and distorted for dirty political interests

In recent times Tipu Sultan has become a controversial figure in Indian politics with some politicians and groups seeking to appropriate his legacy for their own political gains In this write-up an effort is made to examine some of the fallacies surrounding Tipu Sultan and the real facts about his life and legacy, supported by historical sources

FALLACY 1: TIPU SULTAN WAS A RELIGIOUS

FANATIC WHO PERSECUTED HINDUS

One of the most common fallacies surrounding Tipu Sultan is that he was a religious fanatic who persecuted Hindus This narrative has been propagated by some politicians and groups in India who seek to promote a divisive communal agenda However, this portrayal of Tipu Sultan is not supported by historical evidence Firstly, it is important to note that Tipu Sultan was a patron of the arts and literature and his court was known for its cultural richness and diversity Many Hindu scholars poets and artists were part of his court and he supported the construction of Hindu temples and the celebration of Hindu festivals

Secondly, Tipu Sultan s administration was known for its religious tolerance According to historian Kate Brittlebank, “Tipu’s kingdom was a place of religious diversity and harmony where both Hindus and Muslims enjoyed religious freedoms and opportunities ” Tipu Sultan abolished the jizya tax on non-Muslims and his officials were instructed to treat all subjects equally regardless of their religion

FALLACY 2: TIPU SULTAN WAS ANTI-BRITISH AND FOUGHT FOR INDIAN INDEPENDENCE

Another fallacy is that he was a nationalist who fought for Indian independence and against British colonialism

This narrative has been promoted by some politicians and groups in India who seek to appropriate Tipu Sultan s legacy for their own political gains However this portrayal of Tipu Sultan is not entirely accurate While it is true that Tipu Sultan resisted British expansion in Southern India and fought against British forces in several battles his primary objective was to protect the sovereignty of his own kingdom rather than to fight for Indian independence as a whole In fact Tipu Sultan sought alliances with other European powers such as France and Turkey in order to counter British influence in the region

Moreover, Tipu Sultan s resistance against British colonialism was not motivated by a belief in Indian nationalism or anti-colonialism as we understand it today As historian Kate Brittlebank notes “Tipu’s actions were not motivated by a modern sense of nationalism or anti-colonialism but rather by a pragmatic understanding of the balance of power in the region and a desire to maintain his own sovereignty

FALLACY 3: TIPU SULTAN WAS A TYRANT WHO

OPPRESSED HIS SUBJECTS

Another fallacy about him is that he was a tyrant who oppressed his subjects This narrative has been propagated by some politicians and groups in India who seek to discredit Tipu Sultan s legacy However this portrayal of Tipu Sultan is not supported by historical evidence Firstly, Tipu Sultan s administration was known for its efficient and modern governance practices He implemented a system of land revenue collection based on actual measurement of land which was more equitable than the earlier system of arbitrary assessment He also established a network of roads and canals to facilitate trade and communication and promoted industries such as silk production and shipbuilding Secondly, Tipu Sultan was known for his concern for the welfare of his subjects He established hospitals and dispensaries for the poor and provided relief measures during natural disasters and famines He also encouraged the education of both boys and girls and established several schools and libraries However it is important to note that Tipu Sultan was not without flaws He was known to be a strict disciplinarian and imposed severe punishments on those who violated his orders He also conducted several military campaigns against neighboring kingdoms some of which resulted in the loss of lives and property

FACT 1: TIPU SULTAN WAS A MILITARY GENIUS

One of the most remarkable aspects of Tipu Sultan s reign was his military prowess He was an innovative and strategic military leader, and his army was known for its modern weaponry and tactics Tipu Sultan’s use of rockets in warfare was particularly noteworthy and he is credited with being one of the pioneers of modern rocketry According to historian B A Saletore Tipu s military skill was of the highest order, and he was able to hold his own against some of the best European armies of his time Tipu Sultan’s victories against British forces in several battles, including the Battle of Pollilur in 1780 and the Siege of Bangalore in 1791 are testament to his military genius

FACT

2: TIPU SULTAN WAS A PATRON OF ARTS AND CULTURE

Despite his reputation as a military leader, Tipu Sultan was also a patron of the arts and culture He was known for his love of poetry, music, and dance, and his court was a center of artistic and literary activity Tipu Sultan himself was a talented poet and composed several works in Persian and Kannada According to historian C Hayavadana Rao Tipu s court was a melting pot of different cultures and languages, and he encouraged the exchange of ideas and artistic expressions Tipu Sultan patronized several poets, musicians, and artists, including the celebrated Kannada poet Sarvajna Despite the controversies surrounding his legacy Tipu Sultan’s contributions to Indian history and culture continue to inspire people across India and beyond His military prowess his efforts to modernize his kingdom and his patronage of the arts and culture are all aspects of his legacy that continue to resonate with people

In recent years, there have been several efforts to reclaim Tipu Sultan’s legacy for political and communal agendas Let’s have a glance over this In 2015 the government of Karnataka a state in southern India decided to celebrate Tipu Sultan s birth anniversary This decision was met with opposition from some political parties and groups, who claimed that Tipu Sultan was a religious bigot who persecuted Hindus and Christians In 2017, the BJP government in Karnataka decided to stop celebrating Tipu Sultan’s birth anniversary This move was criticized by the opposition parties and some historians

In addition the BJP government in Karnataka decided to remove the chapter on Tipu Sultan from the state s history textbooks in 2019 Furthermore, in 2021, the Karnataka government decided to rename the Bengaluru International Airport after Kempegowda, a 16th-century chieftain This move was criticized by some political parties and groups Even currently during Karnataka state assembly election campaigns political parties continued to stir up communal tensions by tarnishing Tipu Sultan s name In a nutshell the fallacies surrounding Tipu Sultan s legacy are rooted in political and communal agendas rather than historical facts Tipu Sultan was a complex historical figure who cannot be reduced to simplistic labels such as “tyrant” or “nationalist” His legacy is one that continues to inspire people across India and beyond and it is important that we recognize and appreciate the real facts about his life and legacy Political parties are playing lethal game on his name for their vote banks, but this heinous act begot dirty consequences among the people of Karnataka Obaidul Hoque is currently pursuing PG research at Darul Huda Islamic University in Kerala India He also works as an Editor for (Islamonweb net) a Bengali online magazine