Showing posts with label group. Show all posts
Showing posts with label group. Show all posts
Saturday 25 March 2023
Wednesday 6 April 2022
Friday 19 May 2017
The courts and matters of faith
Peter Ronald deSouza in The Hindu
We need to make a distinction between matters of conscience and matters of faith
There is an uncanny similarity of argument between the Rashtriya Swayamsevak Sangh (RSS) and the All India Muslim Personal Law Board (AIMPLB) on controversies that have to do with belief. This is illustrated best in their respective positions on the Ram Setu and the triple talaq debates.
In 2005, on the Ram Setu issue, the RSS stated that their opposition to the UPA government’s plan to dredge a canal between Rameswaram, off the coast of Tamil Nadu, and the islands of Mannar, near Sri Lanka, was a “matter of faith and hence required no substantiation”.
Twelve years later the counsel for the AIMPLB has offered a similar argument in the Supreme Court when making his client’s case on the practice of triple talaq. A Constitution Bench of five justices is to decide on whether the practice of divorce by triple talaq is consistent with the protections guaranteed to individuals by the Indian Constitution. In opposition to pleas that the practice be considered unconstitutional, the AIMPLB counsel stated that triple talaq “is a matter of faith. Hence there is no question of constitutional morality and equity”.
This argument that matters of faith be given special status needs to be assessed. Why should matters of faith be given immunity from scrutiny?
Three responses can be offered to this question. Let me, on grounds of brevity, refer to them as (i) the special status of faith, (ii) the issue of validity, and (iii) ethical codes in modern democracies.
Special status of faith
At the outset we must acknowledge that faith, as religious belief, must have special status in any constitutional order. It constitutes the core of an individual’s sense of self and is the basis of a believer’s conscience.
Belief is a matter of personal choice and no external authority, whether state, cultural community, or religious congregation, can tell an individual what her beliefs should be. To do so is to violate the individual’s freedom of conscience guaranteed by most constitutional systems and human rights covenants. But on matters of faith, an important distinction has to be made.
All ‘matters of conscience’ are ‘matters of faith’, but not all ‘matters of faith’ are ‘matters of conscience’. It is only matters of conscience that are protected by the freedom-granting provisions of the Constitution. Matters of conscience are individual-centric. They have an ethical core that guides the choices that an individual makes.
They endow the world with meaning and give the individual purpose. In contrast, the ‘matters of faith’ which the RSS and the AIMPLB are referring to — while they may look similar to ‘matters of conscience’ — are not so for they are group, not individual, centric. They have a component that is based on evidence, whether this is textual, historical, or empirical. In other words, the belief is contingent on the evidence. For example it would take the following form: ‘we believe X because it is said so in our holy book’.
It is the ‘because of’ component that demands analytical and scientific scrutiny of the matters of faith. Does the holy book actually say so? Did Lord Ram really build the Setu?
Further, when matters of faith have harmful social consequences, they must be subject to scrutiny since the Constitution guarantees the individual protection from harm.
This is the basis of all social reform in our history.
When the AIMPLB says that triple talaq has evolved in the last 1400 years, it has inadvertently conceded that the practice is not cast in stone. Let the court’s intervention be part of that evolution.
The issue of validity
The many advances in linguistics, cultural anthropology, gender studies and, of course, the natural sciences can make the probing of the ‘because of’ component of the belief very exciting. For example, a textual analysis of a holy book using a study of old and new grammar, or the etymology of the word, or its placement in a sentence are all ways of arriving at the meaning of the statement.
Textual analysis has advanced considerably and hence is available to determine the validity of the interpretation being offered by scriptural authority. The many schools of Islamic jurisprudence are testimony to this plurality of interpretations.
To that can be added the modern tools of linguistic analysis, gender studies, human rights jurisprudence, and cultural anthropology. The validity of triple talaq must be subject to textual interpretation. Similarly with the Ram Setu claim. It too must be scrutinised by modern science.
Ethical codes in democracies
The most difficult issue in this debate is how to respond to the situation where, after scrutiny, the matter of faith is found to be valid but considered by many in need of change such that it conforms to the contemporary ethics of human rights.
When the counsel for the AIMPLB says that there is “no question of constitutional morality and equity” in matters of faith, he is building a wall, a fashion these days, behind which the orthodox will police their community. Such a wall must not be built. It has no place in a constitutional democracy.
We need to make a distinction between matters of conscience and matters of faith
There is an uncanny similarity of argument between the Rashtriya Swayamsevak Sangh (RSS) and the All India Muslim Personal Law Board (AIMPLB) on controversies that have to do with belief. This is illustrated best in their respective positions on the Ram Setu and the triple talaq debates.
In 2005, on the Ram Setu issue, the RSS stated that their opposition to the UPA government’s plan to dredge a canal between Rameswaram, off the coast of Tamil Nadu, and the islands of Mannar, near Sri Lanka, was a “matter of faith and hence required no substantiation”.
Twelve years later the counsel for the AIMPLB has offered a similar argument in the Supreme Court when making his client’s case on the practice of triple talaq. A Constitution Bench of five justices is to decide on whether the practice of divorce by triple talaq is consistent with the protections guaranteed to individuals by the Indian Constitution. In opposition to pleas that the practice be considered unconstitutional, the AIMPLB counsel stated that triple talaq “is a matter of faith. Hence there is no question of constitutional morality and equity”.
This argument that matters of faith be given special status needs to be assessed. Why should matters of faith be given immunity from scrutiny?
Three responses can be offered to this question. Let me, on grounds of brevity, refer to them as (i) the special status of faith, (ii) the issue of validity, and (iii) ethical codes in modern democracies.
Special status of faith
At the outset we must acknowledge that faith, as religious belief, must have special status in any constitutional order. It constitutes the core of an individual’s sense of self and is the basis of a believer’s conscience.
Belief is a matter of personal choice and no external authority, whether state, cultural community, or religious congregation, can tell an individual what her beliefs should be. To do so is to violate the individual’s freedom of conscience guaranteed by most constitutional systems and human rights covenants. But on matters of faith, an important distinction has to be made.
All ‘matters of conscience’ are ‘matters of faith’, but not all ‘matters of faith’ are ‘matters of conscience’. It is only matters of conscience that are protected by the freedom-granting provisions of the Constitution. Matters of conscience are individual-centric. They have an ethical core that guides the choices that an individual makes.
They endow the world with meaning and give the individual purpose. In contrast, the ‘matters of faith’ which the RSS and the AIMPLB are referring to — while they may look similar to ‘matters of conscience’ — are not so for they are group, not individual, centric. They have a component that is based on evidence, whether this is textual, historical, or empirical. In other words, the belief is contingent on the evidence. For example it would take the following form: ‘we believe X because it is said so in our holy book’.
It is the ‘because of’ component that demands analytical and scientific scrutiny of the matters of faith. Does the holy book actually say so? Did Lord Ram really build the Setu?
Further, when matters of faith have harmful social consequences, they must be subject to scrutiny since the Constitution guarantees the individual protection from harm.
This is the basis of all social reform in our history.
When the AIMPLB says that triple talaq has evolved in the last 1400 years, it has inadvertently conceded that the practice is not cast in stone. Let the court’s intervention be part of that evolution.
The issue of validity
The many advances in linguistics, cultural anthropology, gender studies and, of course, the natural sciences can make the probing of the ‘because of’ component of the belief very exciting. For example, a textual analysis of a holy book using a study of old and new grammar, or the etymology of the word, or its placement in a sentence are all ways of arriving at the meaning of the statement.
Textual analysis has advanced considerably and hence is available to determine the validity of the interpretation being offered by scriptural authority. The many schools of Islamic jurisprudence are testimony to this plurality of interpretations.
To that can be added the modern tools of linguistic analysis, gender studies, human rights jurisprudence, and cultural anthropology. The validity of triple talaq must be subject to textual interpretation. Similarly with the Ram Setu claim. It too must be scrutinised by modern science.
Ethical codes in democracies
The most difficult issue in this debate is how to respond to the situation where, after scrutiny, the matter of faith is found to be valid but considered by many in need of change such that it conforms to the contemporary ethics of human rights.
When the counsel for the AIMPLB says that there is “no question of constitutional morality and equity” in matters of faith, he is building a wall, a fashion these days, behind which the orthodox will police their community. Such a wall must not be built. It has no place in a constitutional democracy.
Saturday 29 April 2017
Why they lynched Mashal Khan. Lessons for humans.
Pervez Hoodbhoy in The Dawn
THE mental state of men ready and poised to kill has long fascinated scientists. The Nobel Prize winning ethologist, Konrad Lorenz, says such persons experience the ‘Holy Shiver’ (called Heiliger Schauer in German) just moments before performing the deed. In his famous book On Aggression, Lorenz describes it as a tingling of the spine prior to performing a heroic act in defence of their communities.
This feeling, he says, is akin to the pre-human reflex that raises hair on an animal’s back as it zeroes in for the kill. He writes: “A shiver runs down the back and along the outside of both arms. All obstacles become unimportant … instinctive inhibitions against hurting or killing disappear … Men enjoy the feeling of absolute righteousness even as they commit atrocities.”
While they stripped naked and beat their colleague Mashal Khan with sticks and bricks, the 20-25 students of the Mardan university enjoyed precisely this feeling of righteousness. They said Khan had posted content disrespectful of Islam on his Facebook page and so they took it upon themselves to punish him. Finally, one student took out his pistol and shot him dead. Hundreds of others watched approvingly and, with their smartphone cameras, video-recorded the killing for distribution on their Facebook pages. A meeting of this self-congratulatory group resolved to hide the identity of the shooter.
Khan had blasphemed! Until this was finally shown to be false, no proper funeral was possible in his home village. Sympathy messages from Prime Minister Nawaz Sharif and opposition leaders such as Bilawal Bhutto came only after it had been established that Khan performed namaz fairly regularly.
Significantly, no protests of significance followed. University campuses were silent and meetings discussing the murder were disallowed. A demonstration at the Islamabad Press Club drew about 450, a miniscule figure against the estimated 200,000 who attended Mumtaz Qadri’s last rites.
This suggests that much of the Pakistani public, whether tacitly or openly, endorses violent punishment of suspected blasphemers. Why? How did so many Pakistanis become bloodthirsty vigilantes? Evening TV talk shows — at least those I have either seen or participated in — circle around two basic explanations.
One, favoured by the liberal-minded, blames the blasphemy law and implicitly demands its repeal (an explicit call would endanger one’s life). The other, voiced by the religiously orthodox, says vigilantism occurs only because our courts act too slowly against accused blasphemers.
Both claims are not just wrong, they are farcical. Subsequent to Khan’s killing, at least two other incidents show that gut reactions — not what some law says — is really what counts. In one, three armed burqa-clad sisters shot dead a man near Sialkot who had been accused of committing blasphemy 13 years ago. In the other, a visibly mentally ill man in Chitral uttered remarks inside a mosque and escaped lynching only upon the imam’s intervention. The mob subsequently burned the imam’s car. Heiliger Schauer!
While searching for a real explanation, let’s first note that religiously charged mobs are also in motion across the border. As more people flock to mandirs or masjids, the outcomes are strikingly similar. In an India that is now rapidly Hinduising, crowds are cheering enraged gau rakshaks who smash the skulls of Muslims suspected of consuming or transporting cows. In fact India has its own Khan — Pehlu Khan.
Accused of cattle-smuggling, Pehlu Khan was lynched and killed by cow vigilantes earlier this month before a cheering crowd in Alwar, with the episode also video-recorded. Minister Gulab Chand Kataria declared that Khan belonged to a family of cow smugglers and he had no reason to feel sorry. Now that cow slaughter has been hyped as the most heinous of crimes, no law passed in India can reverse vigilantism.
Vigilantism is best explained by evolutionary biology and sociology. A fundamental principle there says only actions and thoughts that help strengthen group identity are well received, others are not. In common with our ape ancestors, we humans instinctively band together in groups because strength lies in unity. The benefits of group membership are immense — access to social networks, enhanced trust, recognition, etc. Of course, as in a club, membership carries a price tag. Punishing cow-eaters or blasphemers (even alleged ones will do) can be part payment. You become a real hero by slaying a villain — ie someone who challenges your group’s ethos. Your membership dues are also payable by defending or eulogising heroes.
Celebration of such ‘heroes’ precedes Qadri. The 19-year old illiterate who killed Raj Pal, the Hindu publisher of a controversial book on the Prophet (PBUH), was subsequently executed by the British but the youth was held in the highest esteem. Ghazi Ilm Din is venerated by a mausoleum over his grave in Lahore. An 8th grade KP textbook chapter eulogising him tells us that Ilm Din’s body remained fresh days after the execution.
In recent times, backed by the formidable power of the state, Hindu India and Islamic Pakistan have vigorously injected religion into both politics and society. The result is their rapid re-tribalisation through ‘meme transmission’ of primal values. A concept invented by the evolutionary biologist Richard Dawkins, the meme is a ‘piece of thought’ transferrable from person to person by imitation. Like computer viruses, memes can jump from mind to mind.
Memes containing notions of religious or cultural superiority have been ‘cut-and-pasted’ into millions of young minds. Consequently, more than ever before, today’s youth uncritically accepts the inherent morality of their particular group, engages in self-censorship, rationalises the group’s decisions, and engages in moral policing.
Groupthink and deadly memes caused the lynching and murder of the two Khans. Is a defence against such viral afflictions ever possible? Can the subcontinent move away from its barbaric present to a civilised future? One can so hope. After all, like fleas, memes and thought packages can jump from person to person. But they don’t bite everybody! A robust defence can be built by educating people into the spirit of critical inquiry, helping them become individuals rather than groupies, and encouraging them to introspect. A sense of humour, and maybe poetry, would also help.
THE mental state of men ready and poised to kill has long fascinated scientists. The Nobel Prize winning ethologist, Konrad Lorenz, says such persons experience the ‘Holy Shiver’ (called Heiliger Schauer in German) just moments before performing the deed. In his famous book On Aggression, Lorenz describes it as a tingling of the spine prior to performing a heroic act in defence of their communities.
This feeling, he says, is akin to the pre-human reflex that raises hair on an animal’s back as it zeroes in for the kill. He writes: “A shiver runs down the back and along the outside of both arms. All obstacles become unimportant … instinctive inhibitions against hurting or killing disappear … Men enjoy the feeling of absolute righteousness even as they commit atrocities.”
While they stripped naked and beat their colleague Mashal Khan with sticks and bricks, the 20-25 students of the Mardan university enjoyed precisely this feeling of righteousness. They said Khan had posted content disrespectful of Islam on his Facebook page and so they took it upon themselves to punish him. Finally, one student took out his pistol and shot him dead. Hundreds of others watched approvingly and, with their smartphone cameras, video-recorded the killing for distribution on their Facebook pages. A meeting of this self-congratulatory group resolved to hide the identity of the shooter.
Khan had blasphemed! Until this was finally shown to be false, no proper funeral was possible in his home village. Sympathy messages from Prime Minister Nawaz Sharif and opposition leaders such as Bilawal Bhutto came only after it had been established that Khan performed namaz fairly regularly.
Significantly, no protests of significance followed. University campuses were silent and meetings discussing the murder were disallowed. A demonstration at the Islamabad Press Club drew about 450, a miniscule figure against the estimated 200,000 who attended Mumtaz Qadri’s last rites.
This suggests that much of the Pakistani public, whether tacitly or openly, endorses violent punishment of suspected blasphemers. Why? How did so many Pakistanis become bloodthirsty vigilantes? Evening TV talk shows — at least those I have either seen or participated in — circle around two basic explanations.
One, favoured by the liberal-minded, blames the blasphemy law and implicitly demands its repeal (an explicit call would endanger one’s life). The other, voiced by the religiously orthodox, says vigilantism occurs only because our courts act too slowly against accused blasphemers.
Both claims are not just wrong, they are farcical. Subsequent to Khan’s killing, at least two other incidents show that gut reactions — not what some law says — is really what counts. In one, three armed burqa-clad sisters shot dead a man near Sialkot who had been accused of committing blasphemy 13 years ago. In the other, a visibly mentally ill man in Chitral uttered remarks inside a mosque and escaped lynching only upon the imam’s intervention. The mob subsequently burned the imam’s car. Heiliger Schauer!
While searching for a real explanation, let’s first note that religiously charged mobs are also in motion across the border. As more people flock to mandirs or masjids, the outcomes are strikingly similar. In an India that is now rapidly Hinduising, crowds are cheering enraged gau rakshaks who smash the skulls of Muslims suspected of consuming or transporting cows. In fact India has its own Khan — Pehlu Khan.
Accused of cattle-smuggling, Pehlu Khan was lynched and killed by cow vigilantes earlier this month before a cheering crowd in Alwar, with the episode also video-recorded. Minister Gulab Chand Kataria declared that Khan belonged to a family of cow smugglers and he had no reason to feel sorry. Now that cow slaughter has been hyped as the most heinous of crimes, no law passed in India can reverse vigilantism.
Vigilantism is best explained by evolutionary biology and sociology. A fundamental principle there says only actions and thoughts that help strengthen group identity are well received, others are not. In common with our ape ancestors, we humans instinctively band together in groups because strength lies in unity. The benefits of group membership are immense — access to social networks, enhanced trust, recognition, etc. Of course, as in a club, membership carries a price tag. Punishing cow-eaters or blasphemers (even alleged ones will do) can be part payment. You become a real hero by slaying a villain — ie someone who challenges your group’s ethos. Your membership dues are also payable by defending or eulogising heroes.
Celebration of such ‘heroes’ precedes Qadri. The 19-year old illiterate who killed Raj Pal, the Hindu publisher of a controversial book on the Prophet (PBUH), was subsequently executed by the British but the youth was held in the highest esteem. Ghazi Ilm Din is venerated by a mausoleum over his grave in Lahore. An 8th grade KP textbook chapter eulogising him tells us that Ilm Din’s body remained fresh days after the execution.
In recent times, backed by the formidable power of the state, Hindu India and Islamic Pakistan have vigorously injected religion into both politics and society. The result is their rapid re-tribalisation through ‘meme transmission’ of primal values. A concept invented by the evolutionary biologist Richard Dawkins, the meme is a ‘piece of thought’ transferrable from person to person by imitation. Like computer viruses, memes can jump from mind to mind.
Memes containing notions of religious or cultural superiority have been ‘cut-and-pasted’ into millions of young minds. Consequently, more than ever before, today’s youth uncritically accepts the inherent morality of their particular group, engages in self-censorship, rationalises the group’s decisions, and engages in moral policing.
Groupthink and deadly memes caused the lynching and murder of the two Khans. Is a defence against such viral afflictions ever possible? Can the subcontinent move away from its barbaric present to a civilised future? One can so hope. After all, like fleas, memes and thought packages can jump from person to person. But they don’t bite everybody! A robust defence can be built by educating people into the spirit of critical inquiry, helping them become individuals rather than groupies, and encouraging them to introspect. A sense of humour, and maybe poetry, would also help.
Saturday 17 December 2011
Politicians are Dire!
Western politicians are dire, but we mustn't despise government
Our leaderships, in thrall to big business, are failing in so many places all at the same time. But we can't give up on them
David Cameron was quite right to reject
an economic treaty wasn't even written yet, much less scrutinised.
Photograph: Yves Herman/Reuters
The year 2011 will be remembered as the year of failed summits. Governments proved themselves time and again to be failures at addressing the growing crises engulfing the world, whether the eurozone debacle, climate change, or budget politics in the US and Europe. Next year is likely to be worse, as electoral politics will further impede decision-making in the US, France and several other countries.
Why should governance be so poor in so many places at the same time? There are several factors at play. Globalisation has undermined the manufacturing base of most of the high-income economies, costing millions of jobs and leading to stagnant or falling living standards for a large part of the workforce, especially those with basic skills and modest education attainment. The US has lost around 8-9 million manufacturing jobs since the peak in that sector in 1979, just as China was joining the world economy. Meanwhile, the soaring economies of Asia have pushed up world food and oil prices, further squeezing real incomes in Europe and the US.
Yet in the face of high unemployment, growing inequality and looming budget deficits, most governments are paralysed, in thrall to powerful interests. Wall Street, the City of London, the Frankfurt banks and other corporate lobbies hold politics in their grip, and block effective change. Top income tax rates are kept low; banks remain undercapitalised and under-regulated; and urgently needed public investments for education, job skills and upgraded infrastructure are being slashed in response to budgetary pressures.
The politicians are also in way over their heads. They are typically negotiators and public relations specialists, not experts on the policies needed to resolve the world economy's crises. The special interest groups write the scripts, but these scripts prove impossible to stage. Every European summit in the past two years has not only failed politically, but also technically. The policy prescriptions put forward by Germany's Chancellor Merkel are poorly prepared and designed, and impossible to implement. The euro is being killed not only by politics but also by incompetence.
The actual process of governing has descended to soundbites. In the US the Obama administration has failed to produce a major policy document on any area of key policy concern: the budget, taxation, energy, climate, financial regulation, healthcare or poverty. Policies and legislation are decided in the backrooms dominated by lobbyists and negotiators. Politics is by horse-trading among interest groups – not by reason, expertise and democratic deliberation.
The European Union processes are now equally bizarre. The entire union of 27 countries awaits the word of one member, Germany, whose policy logic in turn reflects a mix of post-traumatic stress, coalition politics, powerful yet crippled banks, and amateur politicians. The European commission seems to play little or no role. Major new treaties of constitutional importance are launched by Germany days before a summit, with no reasoned discussion or professional analysis. David Cameron was absolutely right not to be cowed into signing up to an economic treaty that isn't even written yet, much less professionally scrutinised.
A few countries, notably the northern European social democracies, are keeping their heads above water, at least for now. They are stable because income inequality and poverty are kept low by active government policies. Transfer payments to the poor and the social safety net are robust. Tax collections are ample and budgets are in balance or surplus. Even these countries flirted with financial deregulation in the 1990s, paid a heavy price and then got their banking sectors back under control. Tough financial regulation has served them well during the past decade.
So what can we learn from the few success stories? First, societies function properly only when they are judged by their citizens to be reasonably fair. Northern Europe has built its policies on a framework of equality and inclusion. In the US, the idea of fairness has been almost absent from political vocabulary for three decades. The Occupy Wall Street movement, thankfully, has brought it back to life. Most of Europe is somewhere between the fairness of northern Europe's social democracies and the glaring inequities of the US. Yet in much of western Europe there has been a clear shift away from solidarity, towards harsher policies that shield the rich from their responsibilities to the rest of society.
Second, economic success requires increased public investments in education, infrastructure, energy, job skills and more. Simplistic budget cutting will destroy governments rather than fix them. Higher taxes on top incomes and wealth must be part of any sound fiscal strategy. Yet till today, Washington politicians of both parties have been recklessly and thoughtlessly squandering American prosperity by prioritising tax breaks for the rich.
Third, more expert policymaking is needed. The eurozone crisis, for example, requires urgent attention to Europe's decapitalised banks. Yet German politicians, driven by ideology and local politics, have been fixated on fiscal problems while allowing the banking crisis to fester and worsen. The US crisis is fundamentally about the under-taxation of the rich, yet the policy focus remains on budget cutting. In both Europe and the US, political debates consistently miss the mark by short-changing serious diagnostics and policy design.
Our temptation in the face of rampant government failures is to despise government, and even to cheer its demise. How can we avoid that feeling when we watch politicians preening on the TV screen? Yet we desperately need to make the US and European governments work again – not for the politicians' sake, but for ours. Unless we restore skill, fairness, and vibrancy to our democratic institutions, the unrest on the streets is bound to grow.
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