It
was a
conflagration-the emergency imposed by Mrs
Indira Gandhi in June 33 years ago. In 19
months, the period for which it lasted, every
institution got scarred. The constitution was
mutilated. Personal freedom was forfeited. The
press was gagged. The judiciary was shackled.
Parliament had its tenure extended. The largest
democracy in the world put under detention more
than 100,000 people without trial. And, as the
then Attorney General said, the state could kill
anyone with impunity.
The institutions have regained their health but
the scars are still visible. What has probably
been lost for ever is the people's sensitivity.
They do not react to the abuse of power. I
thought that those brutalities would never
revisit the country. I see all of them coming
back with a vengeance: false encounter killings,
custodial deaths, kidnappings, violations of
human rights and detentions under the security
law.
What has probably happened to the people is that
once Mrs Gandhi wiped out the thin line dividing
right from wrong, moral from immoral they do not
mind or feel where they stand. There is no
compunction in hitting below the belt or
committing even the gravest wrong. In fact, the
wrong itself has undergone a change in the
meaning. It has become a relative term.
The Manmohan Singh government has five ministers
whose hands are tainted with the excesses
committed during the emergency. They are:
Foreign Minister Pranab Mukherjee, Commerce
Minister Kamal Nath, Law Minister H.R. Bhardwaj,
Heavy Industries Minister Santosh Mohan Dev and
Tourism Minister Ambika Soni. They should quit
giving face to morality and ethics.
The judiciary has been the biggest casualty. Mrs
Gandhi transferred 16 judges. President Pervez
Musharraf when he clamped the emergency in
Pakistan dismissed some 60 of them. But there
had to be a difference between a military
dictator and a civil dictator. Judges in India
were restored to their positions. But in
Pakistan the dismissed judges have become
victims to the politics of behind-the-scenes
bargains.
The Shah Commission which went into the excesses
during the emergency in India warned: "The state
owes it to the nation to assure that this vital
limb (the judiciary) of the government will not
be subjected to strains which might even
indirectly operate as punitive." But this has
had little effect. Chief Justices in India are
vying with each other to oblige the government
on transfers or, for that matter, appointments.
Judgments are generally at the asking. The
highfalutin phrases like the independence of the
judiciary are primarily on paper. Corruption was
inevitable once the standards came to be
compromised.
Mrs Gandhi regretted "certain mistakes," but
never the emergency and brought back the
officers who were instruments of tyranny during
her rule. Not only did she punish those who had
pursued cases of excesses against her and her
son Sanjay Gandhi, who was an
extra-constitutional authority, she divided the
bureaucracy into "ours" and "theirs." The civil
service is now a set of sycophants and
supplicants who allow themselves to be used by
politicians. There was one Sanjay Gandhi at the
centre then. Now every state has a chief
minister's son or a nephew emulating him.
And it was no surprise that she threw out even
the recommendations by the National Police
Commission to reform the force because the
police were used by her indiscriminately. She
preferred to stay with the Indian Police system,
structured on an Act of 1861 and rejected the
draft bill which the Police Commission had
recommended to release the force from the
stranglehold of politicians.
Since the baby was thrown out with the bathtub,
even the recommendations to make police
accountable were not implemented. The Supreme
Court has picked up the thread and made it
obligatory for the states to implement the
recommendations. The states have not done so.
Even the centre has not asked the Union
Territories to fall in line.
The illegal power, to which the police have got
used since the emergency, is hard to withdraw
now. What is seen in Kashmir, the northeast or
elsewhere in the country is a cumulative effect
of unbridled authority given to the force. It
does not know, much less cares about normal,
acceptable methods to deal with a situation.
The IB and CBI are loaded with assignments which
are not really theirs. Keeping track of
opposition leaders and critics of the
government, intercepting their mail and taping
their telephones is not what the two agencies
should be doing. Nor should they be checking the
credentials of candidates and weighing their
chance of winning at the polls. But this is the
practice started during the emergency and
continued by government of all hues. The
agencies remain unaccountable.
The worst fallout of the emergency has been that
the public servants have invariably become an
instrument in the hands of ministers at the
centre and in the states. The ethical
considerations inherent in public behaviour have
become generally dim and in many cases beyond
the mental grasp of many of the public
functionaries. Desire for self-preservation has
become the sole motivation for their action and
behaviour.
Manmohan Singh who has been a top civil servant
should have devised some steps to retrieve them.
Anxiety to survive at any cost forms the keynote
of approach to the problems that come before
public servants. The training academies live in
an ivory tower because their elitist approach
makes them too distant from aam aadmi
(common man). It should be obligatory for the
trainees to work with NGOs at the grassroots.
They may learn, if not imbibe, the qualities of
humility which officials lack.
And there has to be a mechanism to punish the
errant civil servants. None was even demoted or
sacked for deliberately flouting laws and
harassing those who were against the emergency.
Some of them occupy key positions today: N.K.
Chawla, the hatchet man Lt. Governor Kishen
Chand is a member of the Union Election
Commission.
Journalists' role was pathetic. They were afraid
to join issue with the government. L.K. Advani
said aptly: You were asked to bend and you began
to crawl. In contrast, the Pakistani media came
out on the streets when restrictions were
imposed on the telecast of lawyers' agitation.
True, at present, there is no visible dictation
in India. But it looks as if it is not
necessary. The different pieces are beginning to
fall into place without anyone making an effort.
Already there is a tendency to go along and not
to question. If without the emergency people
start "behaving" there is something wrong with
the system. Once the desire to act according to
what is right goes, there may be no realization
of what is wrong. This is precisely what is
happening.