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Fifty years later, need to heed the call of Narrain, Ambedkar, resist ‘undeclared’ Emergency

By Fr. Cedric Prakash SJ
 
It was fifty years ago! The nation will and should never forget that dark, infamous night of 25/26 June 1975, when, the then Prime Minister Indira Gandhi, declared a state of emergency all over the country, citing internal and external disturbances! That terrible chapter of the country’s history lasted for a full twenty-one-month period till 21 March 1977. During that time, all civil liberties were suspended, freedom of speech and expression was muzzled, political opponents of the Government and those who protested the emergency, were imprisoned and human rights violations by those in power, were the order of the day! The spontaneous and obvious response for the people of India was to say (in the words of the world’s people, in the aftermath of the horrors of the Nazi regime) “never again!” and to ensure that those dark days would never visit the country, at any time in future. Ironically and tragically, fifty years later…today, emergency still rules!
Fifty years later…today, emergency still rules! In a tweet Prime Minister Modi says, “No Indian will ever forget the manner in which the spirit of our Constitution was violated, the voice of Parliament muzzled and attempts were made to control the courts. The 42nd Amendment is a prime example of their shenanigans. The poor, marginalised and downtrodden were particularly targeted, including their dignity insulted.” Strangely enough, the Prime Minister should realise that under him and under his fascist regime, the people of India are living in an ‘undeclared’ emergency. Today more than ever the poor, marginalised and downtrodden, the minorities, the small farmers, the casual labourers, the migrant workers are particularly targeted, including their dignity insulted. Wonder if he has the courage to sit in a media conference and face direct questions with today’s facts and figures!
Fifty years later…today emergency still rules! Interestingly, in a public meeting the Home Minister Amit Shah said during emergency the governments formed on the basis of people's mandate were toppled overnight by trampling the spirit of the constitution. The people of the country and especially the young generation should never forget what happens when the dictatorial qualities of a person come to the fore. He said that today I ask those who invoke the constitution whether the consent of the Parliament was taken before declaring the emergency, whether a cabinet meeting was called, whether the countrymen and the opposition were taken into confidence. He said that these are the people associated with the same party who instead of playing the role of protector of democracy, acted as destroyers of democracy. He will certainly not have an answer as to why his party has taken in so many of those former Congressmen and even rewarded them with ministerial posts and/or dropped serious charges/criminal cases against them once they subscribed to the party ideology. Or for that matter, when the Hindutva brigade have framed a new constitution for the country –why hasn’t he unequivocally condemned it? 
Fifty years later…. today, emergency still rules! Article 19 of the Indian Constitution guarantees the fundamental right to freedom of speech and expression, along with other freedoms. But this right is being systematically throttled today! India is still ranked at a pathetic 151 out of 180 countries, in the World Press Freedom Index 2025, published early in May. The index, in its India section, analyses the state of media in the country stating, “India’s media has fallen into an “unofficial state of emergency” since Narendra Modi came to power in 2014 and engineered a spectacular rapprochement between his party, the BJP, and the big families dominating the media. Reliance Industries group’s magnate Mukesh Ambani, a close friend of the prime minister, owns more than 70 media outlets that are followed by at least 800 million Indians. The NDTV channel’s acquisition at the end of 2022 by Gautam Adani, a tycoon who is also close to Modi, signalled the end of pluralism in the mainstream media. Recent years have also seen the rise of “Godi media” (a play on Modi's name and the word for “lapdogs”) – media outlets that mix populism and pro-BJP propaganda. Through pressure and influence, the Indian model of a pluralist press is being called into question. The prime minister does not hold press conferences, grants interviews only to journalists who are favourable to him, and is highly critical of those who do not show allegiance. Indian journalists who are very critical of the government are subjected to harassment campaigns by BJP-backed trolls”. 
Fifty years later….today, emergency still rules! It is an undisputable fact, that today a large section of the Indian media is spineless, godified and corrupt! They spew out falsities and half-truths, platitudes and hollowness, fed to them by their political bosses. Most of the media is owned and controlled by some corporate houses which toe the line of the ruling regime for their own self-interests. The electronic media get their TRPs through debates indulging in shouting, shrieking and slanging; their anchors clearly ‘chamchas’ of the powers. If any journalist dares question the ‘staus quo’, it would mean the end of one’s career. Media, in general, is co-opted and compromised. Many just ignore realities for fear of reprisals. Even the suffering people of Gaza do not get the necessary coverage. Alternative media is hounded and harassed as never before! Authenticity and impartiality, to report freely and fearlessly the plain truth, is no longer the core competency of the media today.

Fifty years later…. today, emergency still rules! The right to dissent is fundamental to a vibrant democracy, as it allows citizens to express disagreement with government policies, actions, or decisions. In a democratic society, the freedom of speech and expression, guaranteed under Article 19(1)(a) of the Constitution of India, provides the foundation for this right. Dissent is essential for ensuring that a pluralistic society thrives, allowing for diverse opinions and checks on power. Without the freedom to express dissent, democracy becomes autocratic, as the government would not be held accountable by its citizen. In Parliament, the opposition is not allowed to speak freely: they are shouted down or the mike is muted. The current regime brooks no dissent. Citizens in Delhi and Bombay are arrested for their pro-Palestine stand! Ask a question or for facts on Pahelgam – and one becomes ‘anti-national’! In Ahmedabad, there is a general imposition of Section 144 which prohibits any public demonstration – unless permission is granted. The imprisonment and the institutional murder of Fr Stan Swamy on 5 July 2021 – is a case in point. Besides him there were fifteen others illegally incarcerated in the Bhima-Koregaon conspiracy case. The National Investigation Agency (NIA) has been used selectively to quell every form of dissent. Since September 2020, JNU scholar Umar Khalid has been languishing in jail on trumped up charges. Today (26 June) is the ‘International Day in Support of Victims of Torture’. Torture is a convenient way to quell dissent; to silence opposition. At a Media Conference in Geneva yesterday, India’s leading human rights activist Advocate Henri Tiphagne strongly stated that India has “zero accountability” where cases of police brutality and deaths in custody, are concerned.
 Fifty years later…. today, emergency still rules! There is a serious lack of political will to address systemic burning issues which have gripped the nation. There are hurried, biased legislation and prejudiced policies (all carefully designed to decimate the Constitution)like the National Education Policy, the Citizenship Amendment Act, the anti - conversion laws, the anti-farmer laws, the four labour codes, the Universal Civil Code, the ‘One Nation, One Election’, the Waqf Bill, the Imposition of Hindi as the national language, the delimitation plan, the delisting of tribals /adivasis who have accepted Christianity or Islam, Constitutional and quasi bodies like the Election Commission, the Enforcement Directorate, the Central Bureau of Investigation, the NIA, the police and some in  the judiciary are compromised; they have become ‘Caged Parrots’; they simply follow the ‘diktats’ of the regime.


Fifty years later…. today, emergency still rules! In the Global Hunger Index (GHI) 2024, India is ranked 105 out of 127 countries, with a score of 27.3, which indicates a "serious" level of hunger. This score reflects ongoing challenges with food insecurity and malnutrition in the country. Whilst India boasts of producing some of the richest persons in the world, the fact is that vast sections of the society still do not have access to roti- kapda- makaan(food-clothing-shelter) and the other basic amenities of life; many still below the poverty line. The gap between the rich and the poor grows wider every day! The Adivasis/Tribals (indigenous people), who constitute a sizable section of India’s population are denied their jal- jungle- jameen (water-forests-land) and other legitimate rights. Thousands of them are displaced because of mega- projects. Primary education in the remote tribal villages is non - existent and so is medicare for them; a large percentage of tribals have to migrate to urban areas / other States in search of employment. Besides them, most migrant workers, continue to be excluded and exploited! The plight of the Dalits, the OBCs leave much to be desired; untouchability is practiced everywhere; manual scavenging still exists; the reality of the safai kamdars (those who clean the sewage tanks) is pathetic. These and other vulnerable sections of society are testimony to the fact that today, is worse than the ‘emergency!


Fifty years later…. today, emergency still rules! The current regime seems to be determined on destroying our fragile ecosystems!  On the 2024 Environmental Performance Index (EPI), India is ranked at a pathetically low position of 176 out of 180 countries. The low ranking is due to poor air quality, high projected emissions and low biodiversity scores. The EPI uses 58 indicators to assess a country's environmental performance. Indicators, include biodiversity, air pollution, air and water quality, waste management, emission growth rates, projected emissions, etc., under the three main heads of ecosystem vitality, environmental health and climate change. To assess how well countries are safeguarding their natural treasures, the EPI added a new category this year: biodiversity and habitat. This category revealed a worrying trend – many protected areas are being overtaken by buildings and agriculture. India's heavy reliance on coal is a key factor hindering its environmental performance across multiple indicators. Coal use not only fuels high greenhouse gas emissions but also contributes significantly to India's severe air pollution problem. The regime is in nexus with the mining mafia, only interested in profiteering. This is reflected in India's rankings: 177 for air quality (above only Pakistan, Bangladesh, and Nepal).
Fifty years later…. today, emergency still rules! In its Annual Report 2024, the US Commission on International Religious Freedom(USCIRF) has recommended that the U.S. Department of State designate India as a ‘Country of Particular Concern’ or CPC, or engaging in systematic, ongoing and egregious violations of religious freedom. The very incisive report details how throughout 2024, individuals have been killed, beaten, and lynched by vigilante groups, religious leaders have been arbitrarily arrested, and homes and places of worship have been demolished. These events constitute particularly severe violations of religious freedom. It describes the use of misinformation and disinformation, including hate speech, by government officials to incite violent attacks against religious minorities and their places of worship. It further describes changes to and enforcement of India’s legal framework to target and disenfranchise religious minorities, including the Citizenship Amendment Act (CAA), a Uniform Civil Code (UCC) and several state-level anti-conversion and cow slaughter laws. It is no secret that, ever since the Modi-regime, assumed power in 2014, there has been incessant attacks on the minorities of India particularly on the Muslims, Christians and Sikhs. Hate speeches denigrating and demonising minorities are the rule of the day even during the election campaign speeches of Modi! Some governments have policies which are blatantly anti- minority. ‘Bull-dozer justice’ is meted out to minorities; regularly in the State of UP and recently over 8.000 homes of Muslims were razed around Chandola lake in Ahmedabad. Minorities are also denied employment opportunities in the Government. According to a recent report released by an Advocacy group, there are at least two attacks per day on Christians and their institutions. 
Fifty years later…. today, emergency still rules! For more than two years now, since 3 May 2023, tribals (who are mainly Christian) in the State of Manipur have been at the receiving end of a vicious Government! Even today, the violence continues unabated: many are killed and many more are injured; thousands (particularly the Kuki-Zo people) are living as refugees elsewhere. Their houses and places of worship are destroyed. Their land has been taken away from them! That the State and Central Governments are responsible for the ongoing violence in Manipur, leaves no one in doubt. That they have shown not an iota of political will to quell the violence and restore law and order in Manipur is a clear proof that, today, is worse than the ‘emergency!’
Fifty years later…. today, emergency still rules! Transparency International ranked India 96 out of 180 countries in the 2024 Corruption Perception Index (CPI). Corruption is mainstreamed in the country; practically nothing can be done without greasing the palms of those in power. Politicians from opposition parties are easily bought up. The ruling regime has made mindboggling amounts of money through demonetisation and the sale of electoral bonds (EB). Corruption has become new normal in India. The massive and unprecedented scam of the Electoral Bonds rocked the nation a short while ago! What about the Delhi Judge who had tonnes of money stashed up in a room in his house, which caught fire recently? People are bought up before the elections. The BJP regime must be the most corrupt amongst the world democracies today!
Fifty years later…. today, emergency still rules! On every parameter, the current regime has proved to be fascist and not in tune with the expectations of the people. Yes, they do win elections because they rig electoral rolls, tamper with selective EVMs and even use money to buy up voters and opposing candidates and of course have the Election Commission doing their bidding. The big joke today is that the Government observes 25 June as 'Samvidhaan Hatya Diwas', which loosely translates to 'the day the Constitution was killed'.  Pathetic indeed! Some time ago, BJP senior leader Subramanian Swamy, wrote a detailed article 'The Unlearnt Lessons of Emergency'(The Hindu on 13 June 2000). In that he revealed how several leaders (including Atal Bihari Vajpayee) from the RSS and Jan Sangh had engaged in secret negotiations with Indira Gandhi and agreed to toe her line- and were released on parole. They have reached today a low level of fascism that they are unable even to think rationally, factually and objectively! Of course, they are also not willing to see and acknowledge of how they are destroying the sanctity of the Constitution today.
In his path-breaking book, ‘India’s Undeclared Emergency’ (Constitutionalism and the Politics of Resistance), Bangalore-based legal luminaire, Arvind Narrain, presents an incisive and accurate analysis of how the Modi- regime has ushered in, through direct and subtle ways, an undeclared emergency! In his final Chapter ‘What is to be done?’ Narrain gives us a cue when he states, “how does one confront an authoritarian State that openly uses repressive laws to shut down dissent? And what if the State is not just authoritarian but also potentially has totalitarian ambitions? That such a regime is in power in India today makes the insistent Leninist question’ What is to be done?’ very important to ask and very difficult to answer. In some ways, the answer must be gathered from what is already being done. There is dissatisfaction with the actions of the regime, and it has found a voice in acts of resistance, both big and small, spanning every field- from culture to law to politics. Such resistance could draw sustenance both from contemporary forms of activism as well as global histories of dissent, and be nourished by a deeper historical, cultural and political understanding. But this is essential: a strong and united resistance must emerge!”
Narran’s words find resonance with what Dr. B. R. Ambedkar said to the Constituent Assembly on 25 November 1949, “If we wish to preserve the Constitution in which we have sought to enshrine the principle of Government of the people, for the people and by the people, let us resolve not to be tardy in the recognition of the evils that lie across our path and which induce people to prefer Government for the people to Government by the people, nor to be weak in our initiative to remove them. That is the only way to serve the country. I know of no better.”
Yes, it is fifty years since the emergency declared by Indira Gandhi! But today, we all need to wake up, heed the call of Narrain and Ambedkar by demonstrating unflinching courage and resistance to the terrible reality of an ‘undeclared’ emergency today!
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*Fr. Cedric Prakash SJ is a human rights, reconciliation and peace activist /writer

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