Must India fight a ‘third war of Independence’and will lawyers be at the vanguard?

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Kajal Agrawal

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Must India fight a ‘third war of Independence’and will lawyers be at the vanguard? ^Featured

Super User 23 अगस्त 2020

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Many years ago, I had occasion to meet several esteemed lawyers who had put up a fierce resistance to the Emergency. They not only protested on the streets but took up every case, small and big, to fight against the authorities in court.

One of these lawyers then had told me, “It is not the judges or the journalists but lawyers like us who kept up the fight relentlessly and never gave a moment's rest to the authorities. Without that resistance, the Emergency may not have been overturned.”

This lawyer had lamented that he had been disappointed by several Supreme Court justices, including a prominent one from Maharashtra, usually a progressive state which always shook off the shackles of bondage. “But there were enough among the lower rungs of the judiciary who held the Constutution supreme and remained our hope throughout those months,” he said.

This lawyer could be facing a sense of dèja vu as he finds the higher judiciary today caving in to a virtual and unending Emergency in the country. It took only 24 days for the Supreme Court to hold Prashant Bhushan guilty of contempt when it has been taking them months and years to even hear so many other important cases – like petitions against the Citizenship Amendment Act or the continuing incarceration of former Jammu and Kashmir chief minister Mebooba Mufti for no valid reason.

I have my own bone to pick with Bhushan – some years ago he teamed up with the fascist forces and for all his erudition and courage failed to see how they were leading India into the dark ages. It has taken years to recognise that these dark forces do not need an ‘official’ and ‘Constitutional’ Emergency to bend journalists or judges to their will but now, like the advocate from the Emergency days, I am beginning to think that lawyers like Bhushan – and there are many more of them battling the authorities – might become the bane of their existence and not allow all their evil designs to succed.

Bhushan's refusal to apologise and rethink his statement or move for a reconciliation or otherwise give in, quoting Mahatma Gandhi on taking his punishment cheerfully, I believe, could yet prove the first major strike towards the restoration of democratic processes and bringing its revered institutions back on an even keel.

Gandhiji's defiance of the British every step of the way confounded the authorities of that time. I am sure today's authorities have found Bhushan equally confounding. In fact, like Bhushan, we all need to return to the Mahatma Gandhi’s brand of defiance and passive resistance – and in view of this government's previous attempts to deny us basic rights, as in the Citizenship Laws, disobedience rather than contesting them in the courts.

For today that estate of democracy is as much on the side of the government as the institution was with the British during the freedom movement. We know how Gandhiji broke the salt law by cocking a snook at a British judge in Ahmedabad court, who famously forbade him from undertaking the salt march.

But we must also remember that the first strike for Independence began from Champaran in Bihar where Gandhi defied magisterial orders to visit the district and, when hauled up before the court, admitted he had broken the ban order and was admitting to it not to seek mercy or clemency but to accept whatever punishment the court deemed fit. It left the British grinding their teeth and I wonder how many people then realised that British rule in India had just been delivered a body blow and would soon come to an end.

Prashant Bhushan is no Mahatma Gandhi and only recently has collaborated with fascist forces as Mahatma Gandhi and Jawaharlal Nehru would never have done. But given the times he and others like him may well be given the benefit of the doubt for being taken in by certain elements and trusting them to give us a Ram Rajya.

Now faced with the asuras of democracy, people are slowly waking up to what they lost when they voted the UPA out of power in 2014. The Congress restored democracy after the Emergency that lasted 18 months and lost the election thereafter, allowed the judiciary its independence even when the judgments were unfair and not to their liking, did not threaten or murder independent judges, did not politicise the army, did not go against the Constitution as in the abrogation of Article 370 and did not treat any one as a second class citizen.

I do not believe anyone could have fathomed the extent of lies, crony capitalism, violence and mauling of democratic institutions this regime would go to retain power. Before and after the Emergency we may have faulted the government on various issues but never for turning India into a travesty of its full bodied and full-blooded republican ideals and moorings. The first bugle has been sounded for the restoration of democracy. We must all help fight the third war for Independence.

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As India is in the process of overhauling its airforce with the latest Rafale jets and additional MiG-29 and SU-30 MKIs, an RTI (Request To Information) filed by India Today

reveals that in that last 10 years, 798 Indian Air Force (IAF) pilots have resigned and 289 of these pilots were given No-objection Certificates (NOC) to fly private airlines.

New Delhi has been upgrading the military equipment and even purchasing modern combat aircraft to strengthen the IAF. The newly acquired Rafale jets are ready to be inducted in a high profile ceremony in the presence of Prime Minister Narendra Modi and French defense minister Florence Parly at the air force station in Ambala where the first five aircraft have been stationed.

However, in 2016 and 2017, IAF saw the worst years when 100 and 114 pilots respectively quit the IAF. In 2015, only 37 pilots had quit before superannuation. With an average of 80 pilots quitting the IAF every year, it could be facing an acute shortage of pilots.On February 1, 2018, the government informed the Rajya Sabha that the IAF had 3,855 pilots against a sanctioned strength of 4,231. There was a shortage of 376 pilots which reflects poorly on the preparedness of the IAF.

Of the pilots that quit, more than one-third of them received the NOC to fly private airlines. As per reports, a middle rung pilot earns up to Rs 2 lakh ($2700) in salary per month and can get four times the amount flying with a private airline.Most pilots quit after 20 years of service which makes them eligible for a pension.

“The IAF way of life is very good and apart from the salary, there are several intangible benefits. But my workload is far less as a private airlines pilot and there’s nothing to complain about the remuneration. As captain, I am responsible for everything after the aircraft door closes and once it opens, my job is over,” said an IAF officer who recently quit service and took up a job in a private airline and didn’t wish to be named.

HT reported in February this year, that IAF is working on measures to prevent its pilots from leaving the service and joining private airlines that offer better salaries and perquisites. Even though the report didn’t mention any specific measure, it said that they will be made shortly, and could involve cooling-off periods and changes in pension plans.

The RTI also asked about if such changes are being introduced. “Has the Indian Air Force evolved or is working on any policy to stop their pilots from quitting and joining private airlines. If yes, what is that?” In response to the query in the RTI, IAF said that there exists no such plans or policies.

Experts have said that it is important for the IAF to retain its pilots. “A pilot gets into operational flying after training for almost 250 to 300 hours in different aircraft. That costs a lot of money. You cannot afford to let trained people go. Other global air forces are also struggling with the same issues,” said Air Marshal KK Nohwar (retd), director-general, Centre for Air Power Studies.

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Turkey Signs Another Contract With Russia For S-400 Missile Defense Systems
in International

Turkey has again signed a contract with Russia to acquire additional S-400 surface-to-air missile systems from Moscow, the Russian news agency TASS reported.

This would be a second deal between Moscow and Ankara for the S-400 missile systems. Turkey has already received two batteries of the S-400s worth $2.5 billion, a deal which was inked in April 2017.

Speaking to reporters, the Russian state arms exporter Rosoboronexport chief Alexander Mikheyev said “The contract has been signed”, and stated that the parties shall now discuss the financial terms of the contract.

He further said that the timeframe of implementing the contract would depend “on our partners’ readiness to finally resolve the procedural issues with the financing of this project”.

Turkey, being the first NATO member country to have received the S-400 air defense system, has damaged its reputation among NATO members and severely strained ties with Washington.

Due to the deal, Washington kicked-out Turkey out from the F-35 Joint Strike Fighter program – which means it won’t be getting any American 5th generation fighters and could instead look at Russian Su-35 jets.Instead of trying to resolve matters with the United States, Erdogan has pushed forward for a second deal for the S-400.

Past talks between Turkey and the U.S. on the acquisition of the Patriot air defense system had fallen over a large group of issues, from the accessibility of S-400s to Ankara’s disappointment with Washington’s terms and conditions.Turkey has said it will possibly consent to an offer if it incorporates terms for indigenous production and transfer of technology.

Ankara has more than once emphasized that it was the U.S.’ refusal to sell it Patriots that drove it to search out different vendors, adding that Russia offered a superior deal, including the transfer of technology. Turkey even proposed setting up a commission to explain any specialized issues, yet the U.S. has so far not reacted to this proposition.According to TASS, the S-400 ‘Triumf’ is the most advanced long-range air defense missile system that went into service in Russia in 2007. It is designed to destroy aircraft, cruise, and ballistic missiles, including medium-range weapons, and can also be used against ground installations. The S-400 can engage targets at a distance of 400 km and at an altitude of up to 30 km.