Showing posts with label cow politics. Show all posts
Showing posts with label cow politics. Show all posts

Thursday, July 20, 2017

POLITICAL PARTIES AND THE RHETORIC OF PARTIAL TRUTHS



Much too often, the statements of political parties and the rhetoric that accompanies it hides more than it reveals. It obscures the issues faced by the people in the interest of maintaining one party’s legitimacy to continue to rule. Alternately, facts and truth are selectively used by the opposition to turn the heat on those who are in power.

In this context, let us consider some recent statements made by members of political parties. As reported in an English-language daily, Curtorim MLA, Aleixo Reginaldo Lourenço claimed that beef was not banned during the Congress regime in Goa. His reason for the claim was that, except for the meat of female cattle (or cow), other bovine meat was available to the Goan people for consumption. Lourenço was reacting to the recent statement made by BJP’s Amit Shah, who said that the beef-ban was in existence in Goa before prior to the BJP and added that “it was there when the Congress government was in power, but no one posed questions to the Congress”.

In the jostle between Messrs. Lourenço and Shah, or Congress and BJP, one thing appears to be sadly true: both are partially right. Lourenço is right in saying that the consumption of the meat of the female bovine was prohibited, just like Shah is in claiming that the ban on cow-slaughter pre-dated the BJP; it also predates the Congress, for it was the MGP government that brought in the legislation in the 1970s, making Goa one of the first states (then a Union Territory) to bring in a ban. However, when the Congress came to power, it introduced a law which, in addition to maintaining the prohibition on the slaughter of female bovines, also created a license raj around the sale and consumption of cattle meat.

Writing in O Heraldo some time back, Albertina Almeida made a critical observation, “But then came the Goa Animal Preservation Act, 1995, enacted during the Congress rule in Goa. This was in the aftermath of the Ayodhya dispute when Congress was looking to playing the B team of the BJP after being on the verge of losing its majority on account of the political traction BJP was being able to gain by playing the Hindutva card”. One can argue that this legislation played neatly into the hands of Hindu majoritarianism.

Surprisingly, one would expect that someone like Lourenço would recognize that a part of the blame lies in Congress policies. Especially since Lourenço has been one of the few politicians to be vocal against Hindutva in recent times. Is it simply a matter of safeguarding party interests from its rivals, or do the finer nuances of how fascist politics operates escape many politicians, not only Lourenço? It certainly seems so, given his assertion that the cow was sacred to Hindus and hence, out of respect, Goans refrained from slaughtering the female bovine (or the cow). Effectively, Lourenço suggests that the issue of cow-slaughter should be solely seen through the lens of upper-caste Hindu morality. How is this position any different from that of the BJP?

As has been time and again pointed out by many commentators, the issue of the beef-ban or cow-slaughter affects laboring caste and class persons more than it does those who only consume beef, or those who solely worship the cow. What happens to the finances of a farmer, already a member of an economically precarious group, who is saddled with the burden of maintaining a non-productive cow?

The Chief Minister, Manohar Parrikar’s comments following the Central Government’s new rules to regulate cattle markets is another example of how members of political parties indulge in the rhetoric of partial truth. Goa, he said, did not have a cattle market and hence the rules did not apply. However, such an assertion masked the fact that the livelihoods of hundreds of Goans, not to mention the nourishment of thousands, were endangered. The inhuman laws that have been introduced by various governments have, in fact, created difficulties for the laboring poor. Who will own up to these mistakes?

One thing is very clear, spokespersons of political parties perpetually evade any blame for the problems caused by the ideology of their respective parties. In such an appalling political culture, where ‘blame game’ and ‘whataboutery’ dominate, one is reminded of the proverb: ‘when elephants fight, it is the grass that suffers’. Indeed, the issues pertaining to the lives, and livelihoods of people as well as the issues of environmental degradation remain unaddressed.

In recent times, Goans have witnessed a ‘blame game’ on various issues. If we know for sure that an environmental disaster is imminent, owing to the skewed developmental policies, is it really a question of conflicting ideologies of political parties? Will evading responsibility or blaming the other political party for the failure of governance help in preventing an environmental disaster? The same applies to preventing a growing humanitarian crisis, wherein lowered-caste and minoritized groups are routinely lynched and killed. Eventually, the bickering of political parties whitewashes the horrors that people have to face on a daily basis.

The rhetoric of partial truths simultaneously hides and reveals the truth (or truths). But what it hides is far more important – and has greater consequences – than what it reveals. It creates an aura in which issues seem to be debated and discussed, as in a democratic setup. The manner in which the rhetoric of partial truths hides certain facts, it also excludes certain people. The facts that are hidden by rhetoric indicate that real people are affected by state policies and ideological politics. It is precisely in the nature of the rhetoric of partial truths to create a discourse that marginalizes groups to the extent that they are disenfranchised.

(An edited version was first published in O Heraldo, dt: 20 July, 2017)

Wednesday, June 21, 2017

LAW AND LIBERTIES IN TIMES OF EXECUTIVE FIATS



The Central Government has added a few more rules to the existing Prevention of Cruelty to Animals Act, 1960. The Rules attempts to regulate the sale of cattle (and only cattle, as opposed to all animals) in markets, stipulating that cattle cannot be sold for slaughter but only for agricultural purposes. Many argued, and rightly so, that the Central Government’s attempts amounted to a backdoor restriction on the consumption of beef. And there are good reasons to believe that the motives of an openly Hindu nationalist government are indeed to stop the consumption of beef – one way or the other.

The Central Government rules were challenged in the Madurai Bench of the Madras High Court through a public interest litigation (PIL), filed by activists and lawyers S. Selvagomathy and B. Asik Ilagi Bava. Based on the PIL, the Madras High Court issued an interim stay for a period of four weeks. The period of the interim stay will expire by the time this article goes to press and we will have to await the Madras High Court’s further judgment on this issue. Nonetheless, it would be profitable to examine the logic through which the Madras High Court arrived at its decision to issue an interim stay.

Any basic civics textbook that children use in schools will tell you that constitutional democracy consists of three pillars of governance: the executive, the legislature, and the judiciary. There is a separation of power between these three branches so as to not allow one branch – let us say, the executive – with absolute powers. Further, in India there is the Central, State, and Concurrent lists which are areas of governance that are marked for the state and central government to formulate laws. The petitioners in the Madras High Court submitted that in addition to impinging on personal freedoms as regards consumption of food and trade is concerned, the Central Government’s rules amounted interference and usurpation of the powers of the state legislature. It should be noted that while ‘cruelty to animals’ is listed in the Concurrent list wherein the state and the centre can legislate, ‘slaughter of animals’ is listed in the State list.

While this may be the gray area through which the Central Government wanted to push for the new rules that would make the sale and purchase of cattle tougher, as indeed it argued that these rules were necessary precisely to prevent cruelty of animals and the protection of the agrarian economy. The Madras High Court was clear that the rules introduced by the Central Government were unconstitutional. The High Court stated that in addition to interfering in the legislative powers of the state, the Executive had transgressed its own constitutional powers – the new rules appended to the Prevention of Cruelty to Animals Act, 1960 also went against the framework, purpose and intent of the original or parent Act. The High Court recognized that personal liberties and choices with regard to food habits and trade were impinged upon by the new rules. However, it must be noted that while the Madras High Court recognized personal choice and freedom, the interim stay was granted only on technical grounds of the Central Government transgressing its constitutional powers, and the subject of the law being part of the State list.

Familiarizing ourselves with the logic of the interim stay order brings one fact clearly to the fore: it is actually the federal state which needs to legislate on the slaughter of animals. In Goa various laws that, while not providing a blanket ban of slaughter of cattle or the consumption of beef, have over the years nonetheless brought in many provisions that restrict the choice of food and trade in certain ways. Laws such as The Goa, Daman and Diu Prevention of Cow Slaughter Act, 1978 enacted by the then MGP government prevented the slaughter of female cattle. The Goa Animal Preservation Act, 1995, enacted during the Congress regime and amended in 2003 and 2010 to give it more teeth, sought to regulate the slaughter of non-female cattle by making it mandatory to obtain certification that the bovine was fit for slaughter.

What we can observe from the laws enacted by the governments in Goa is that, even while keeping with certain constitutional provisions and rights, the legislative assembly of Goa has slowly eroded the rights of Goans to trade in and consume the meat of bovines. Which is why when, following the hate speech of Sadhavi Saraswati recently made in Ramnathi, Ponda, Vijai Sardesai assured Goans that their right to eat and trade in the foods they prefer would not be infringed upon, his statement appeared to be half-hearted and cosmetic at best. The reason is that well before such Sadhavis could make Ramnathi their preferred base to spew hatred on Goans of all religious persuasions, the Goa government was happily playing to the sentiments of Hindu (i.e. brahmanical) majoritarianism. However, despite the oppressive cow politics there is no talk of re-looking the existing laws, or changing/abolishing these laws. It is after all within the constitutional limits of the state legislature to legislate justly on the issue. Political parties and politicians come and go, but laws remain: case in point, the 1978 law that the MGP brought restricting cow slaughter.

Rather than wishy-washy statements, or assurances that the Goa Government will object to certain provisions in the Centre’s rules by writing to the Central Government in this regard, the State of Goa should exercise its constitutional powers in the interest of Goans and not just one community. Bringing a substantial change through the state legislature is what Goans need to demand now.

(First published in O Heraldo, dt: 21 June, 2017)