Political Parties and the Rhetoric of Partial Truths

Posted on Leave a commentPosted in Popular Essays

By DALE LUIS MENEZES

 

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”.

 

(more…)

Cow and Nation: A Brief History

Posted on Leave a commentPosted in Popular Essays

By AMITA KANEKAR

 

The Modi government clearly wants to keep the heat on, regarding the issue of beef. In the wake of a number of lynchings of mainly Muslims and Dalits by gaurakshaks on the issue of cow slaughter, a normal government would have at least claimed concern and talked about taking action. But this government chose to pass a national directive against cow slaughter instead. In other words, let the violence continue. It was followed by some virulent hate-speech in Goa, demanding death to beef-eaters, which has met with the expected lack of response from the Goa government; we can expect worse to come.

 

(more…)

Law and Liberties in Times of Executive Fiats

Posted on Leave a commentPosted in Popular Essays

By DALE LUIS MENEZES

 

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.

 

Read More: Beefing up the Law for No Beef.

 

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.

 

Read More: Cow Politics and Slavery.

 

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)

Beefing up the Law for No Beef

Posted on 2 CommentsPosted in Popular Essays

By ALBERTINA ALMEIDA

 

You have to throw a stone to figure out the ripple effect. That is what Subramanian Swamy did when he said on a national television show that Goa’s beef eating tradition had to be changed. The BJP has, for some time now, made Goa a Hindutva laboratory, with its front organizations or politically connected organisations, either hosting conventions on aiming for Hindu Rashtra from 2023, or stating that India is already a Hindu Rashtra for centuries or stating that it should be culturally a Hindu Rashtra. These include RSS, Vishwa Hindu Parishad, Bajrang Dal, Durga Vahini. They were clearly looking to see exactly how the reactions would be and perhaps also exactly how they could be polarized.

 

The ruling coalition partner Goa Forward’s legislative head, Vijai Sardesai, when asked what he thought of this, said Subramanian had spoken in his individual capacity.  So said Dattaprasad Naik, as a spokesperson of BJP. Before that, in view of the looming possibility of no-beef and the same becoming an election issue at the Assembly and Panchayat elections, Chief Minister Parrikar (then India’s defence minister) had said that the individual choice would be respected but also sneaked in a caveat that he would always follow the law and by April 2017 he was already saying that he will saying nothing again about this.

 

Read More: Learning from the Beef Ban.

 

Came May 2017 and a ban on cattle slaughter is surreptitiously sought to be imposed, under the guise of these Prevention of Cruelty to Animals (Regulation of Livestock Market) Rules. The notification bans sale and purchase, in animal markets, of bovines for slaughter.

 

In times gone by, Goa had several slaughter houses for cattle. These slaughter houses were mostly run by minorities. The first salvo of slaughter ban was fired in 1978, when cow slaughter was banned by a legislation called The Goa Daman and Diu Prevention of Cow Slaughter Act 1978 and sale of the beef of the flesh of cow was prohibited. However as the ban was specific to cow, there was not much resistance, also perhaps as this happened barely two decades after the integration of Goa into India, as people were constantly reminded that they have to be focused on development and construction of a free Goa.

 

 

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.

 

Read More: Cow Politics and Slavery.

 

By this Animal Preservation Act, the slaughter of  bovines, that is bulls, bullocks, male calves, male and female buffaloes, castrated buffaloes,and buffalo calves, was sought to be regulated. Certification was now required that the cattle is fit for slaughter. By certification was meant that the cattle was uneconomic for farming or dairy purposes or that the cattle was fit for slaughter on account of suffering from disease. This law was further amended in 2003 and 2010 to give the 1995 law more teeth. The Animal Preservation Act also sought to regulate the sale of beef only with appropriate certification.

 

 

The present ban on bovine slaughter has come under the guise of Rules for livestock markets under the Prevention of Cruelty to Animals Act. These Rules set out that a person who brings cattle to the market for sale has to furnish a written declaration from the owner that the cattle has not been brought to market for sale for slaughter, and that the purchaser shall not sell the animal for slaughter.

 

 

As of now, no animal markets exist in Goa. The beef traders purchase the cattle from random individual farmers in Goa, but the stock purchased in Goa is woefully inadequate for the daily consumption.

 

Read More: Scoring Beef, Underscoring Banal Hindutva: The Limits of MTV’s Activism.

 

Only one slaughter house is prescribed as specified place for the purposes of slaughter in Goa. It is the slaughter house of the Goa Meat Complex. The traders on purchasing the animals for slaughter, then transport the cattle across the Karnataka border to the Goa Meat Complex for slaughter.  Shortly after the Rules were notified in the Gazette by the Central Government, the beef traders faced the first rumblings of the notification in the form of being stopped at the Karnataka borders where the police at that end feared that they would face the rage of the gaurakshaks for not enforcing the Livestock Markets Rules if they let them pass. It took a verbal intervention by the Chief Minister to have the cattle pass the police exit point so they could then make their way to the vehicle entry toll booth.

 

 

As of now therefore the beef traders continue to purchase bovines from the animal markets across the border for slaughter. But clearly the Damocles sword of penalties for violation of Livestock Rules continues to hang over them. If no cattle was available for slaughter, by now the stock of cattle already admitted in the Goa Meat Complex would have got exhausted.

 

 

With the legislature party President of the ruling coalition partner, Goa Forward,  making categoric statements that they will not allow beef ban in Goa, and off the cuff statements being made at various levels of governance and politics, the State is poised for some more play of words to diffuse the imminent beef ban, before the Government will HAVE to come completely clear in a writ petition filed by the Quraishi’s  Meat Traders Association of Goa, primarily on the plank of posing a threat to their right to carry on a trade or occupation of their choice without being vulnerable to the consequences of enforcement of the Livestock Rules.

 

This is, of course, apart from the serious challenge posed by a slaughter ban to the fundamental right of the citizens to their food choices and to access to nutritious food, within the parameters of the Constitution, to the rights of people dependent on cattle slaughter for their livelihood, which includes ancillary trades like the soap factories, the fertilizer production units, the toothpaste manufacturing plants, that utilize the non-beef products of slaughter. Not to speak of the burden on the already being crushed farmers, who have to tend cattle that are unproductive and will not be able to sell those cattle for cattle that they can productively use.

 

(A shorter version was first published in O Heraldo, dt: 15 June, 2016)

Cow Politics and Slavery

Posted on 1 CommentPosted in Popular Essays

By DALE LUIS MENEZES

 

The recent comments by members of the Sangh Parivar on the complete ban on the consumption of beef in Goa have ignited a controversy. The comments, casteist as they are, have shifted the attention of the Goan people away from pressing issues like the future of casinos, the Mopa airport, the crises in the mining sector, environmental pollution, and everyday governance. That such comments divert our attention elsewhere is unfortunate; but every time such comments are made we should remind ourselves what exactly lies at the heart of such hate politics.

 

The online Ambedkarite portal, Round Table India, has been publishing articles critically analyzing the economics and politics of ‘beef ban’, especially since the ban enforced by Maharashtra from 2015. It is with the help of these and some other news reports that I wish to make the case that, through ‘beef bans’ and cow politics, the poor and minoritized population is being pushed further into the depths of poverty and caste, eventually making them live in conditions akin to slavery.

 

Following the ban in Maharashtra by the Devendra Fadnavis-led government, Arvind Kumar argued that the move had all the makings of a “social conspiracy” against the dalit-bahujans in India, especially in Maharashtra. “I see the beginnings,” he says, “of a reversal of ‘social change’”. Kumar argues that if non-productive cattle – whether used for dairy products or as draught animals – are not slaughtered then they will have to be disposed by someone after they die. Who will do this dirty work? He says that it is those who come from the ‘untouchable’ castes who will either be forced or lured into occupations such as disposing and skinning dead cattle and further “get trapped in the evil practice of untouchability”.

 

Kumar seems to have rightly perceived the diabolic game plan behind the ban on cow slaughter in Maharastra as the NGO that worked to make the ban a reality has similar plans. In an interview to Scroll.in, Rajendra Joshi, a trustee of the Viniyog Parivar Trust, said, “Cattle will now die their natural deaths scattered across the state, and it will help revive the traditional vocations of chamars and mochis [tanners and cobblers] across the state”. In making such a statement, Joshi admits that people are moving away from occupations such as tanning and hence such occupations need to be “revive[d]”. Obviously, people would not volunteer to perform such demeaning traditional occupations, hence the coercion of the state is seen as so necessary.

 

This emphasis on bringing back the ‘traditional’ precisely confirms what Kumar had suspected all along: undo social mobility and reorder labor relations. The idea ultimately is to return to a casteist way of life and production relations that perpetuates practices of untouchability. Talking in terms of untouchability does not mean that the issue is solely about religion, rituals, or belief; it is also fundamentally an economic issue as those who provide labor in a caste society – including those who work in agriculture and clear/skin dead cattle – come from the lower strata of society.

 

Studies have shown that if non-productive cattle are not culled – that is livestock rearing is not done in a scientific and economically rational manner – then the population of cattle begins to shrink. In other words, slaughter is essential if the agricultural and dairy production is to be maintained at an economically viable level. Farmers, being unable to dispose of such cattle, have to bear the burden of sustaining non-productive animals. Selling non-productive cattle (whether cows or bulls) for slaughter (with the resultant production of food, leather, and other important goods) sustains an agrarian economy dependent on bovine animals. The butcher is an integral part of this economy. In fact we can observe that a ban on cow slaughter economically burdens farmers, dairy farmers, butchers, and meat traders. However, the only ones who are laughing all the way to the bank are the beef exporters – many of them upper caste Hindus – who seem to be increasing the quantum of exports despite this hate politics.

 

Seen from the perspective of the ill-effects that a ‘beef ban’ and anti-cow slaughter laws have on the society and the economy, it is imperative that secular forces and those keen to maintain Goan traditions call for nothing less than a complete revocation of these ‘cow protection’ laws, including the one that the MGP government brought into force in Goa in the 1970s. It is also a litmus test to the votaries of secularism and Goemkarponn if they will push for the revocation or change of laws antithetical to the lives and livelihoods of Goans.

 

In Goa too, one can observe that it has become increasingly difficult for people to maintain cattle. It is simply not economically viable, and over a period of time so many people have stopped rearing cattle. Add to this, one sees a large number of cows scavenging from dustbins and other areas. The oppressive ‘cow protection’ laws – circumscribed by a upper caste Hindu morality – has made it difficult for people to maintain cows and the bovine population to sustain itself.

 

Thus, the issue is not simply about people being unable to eat beef (that is, without being lynched or killed for it). While it is true that ‘beef bans’ pose a threat to a loosely defined ethos of ‘secularism’, the issue is much deeper in which the laboring poor are trapped within the oppressive structures of caste, poverty, and tradition. It is a form of slavery that is perpetuated by the law and a casteist morality which is undoing the social mobility achieved through the struggles of various groups. While forcing labor relations based on caste hierarchies, such ‘beef bans’ also deny ‘minorities’ like Christians and Muslims (of all castes and classes) the choice of food and cultural practices ostensibly because it offends upper caste Hindu sensibilities.

 

(First published in O Heraldo, dt: 26 April, 2017)

Caste Atrocities in Goa: Give Us this Day… Our Land!

Posted on 1 CommentPosted in Popular Essays

By AMITA KANEKAR

Gayechi shepdi tumi doura,amkaam amchi zamin diya – such is the slogan (translated into Concani) of the Una Dalit Atyachar Ladayi Samiti, formed in Gujarat after the recent atrocity where 4 Dalit men were tortured by Gau Rakshaks, for disposing of dead cattle. Atrocities on Dalits are of course not new for South Asia; indeed they are the way of life for the brahmanical societies here. But, even as India rang to this new slogan, and other inspiring news from Gujarat where a vow has been taken by Dalit communities to forswear this occupation that they have traditionally been forced to do, leading to the dumping of cattle carcasses in front of government offices, Goa has been mostly silent. There was a small protest on 15 August in support of the Gujarat struggle, but, apart from this, one would imagine that Goa has nothing to do with such atrocities.

 

But this is not true. Atrocities against Dalits (and others) are part of not just Goa’s history, but contemporary culture too. Just a few days earlier, the people of Shahu Nagar wado in Ibrampur village, Pernem, had invited lawyers and others to their village to discuss the serious caste discrimination rampant there. Ibrampur has seven wados with a total population of 1800, of which the Mahars comprise 166 persons. As is the case with most Goan villages, the wados are caste-based, with the Mahars living to this day in a separate wado, known to the village and the government as the Maharwado or Harijanwado, though the residents have decided to change the name to Shahu Nagar. And although they have lived here for generations, toiling on the land and growing many fruit trees and other crops there, the land is not in their name, except for their houses. The rest is in the control of the Communidade of the village. And this Communidade is dominated by members of the Gawas community, who consider themselves higher than the Mahars.

 

The recent grievance of the Mahars concerns the Prime Minister’s Sansad Adarsh Gram Yojana, under which Ibrampur is one of three villages selected to become a ‘model village’. Funds have been laid out for these villages to invest on various kinds of infrastructure. The Shahu Nagar residents had applied 2 years ago for a community hall and children’s park in their wado, individual (private) toilets and water connections, and a proper road to all houses in the wado. The Gram Panchayat apparently said that a No-Objection Certificate (NoC) was required from the Communidade, which the latter had refused to give. When the villagers approached the Communidade, they were told that the NoC would only be provided if the people of Shahu Nagar took up all their old occupations again. They had been permitted to stay on the land, the Communidade members are reported to have said, only in return for providing ‘seva’ to the village. In other words, the Mahars had to go back to beating drums at temple festivities, beating the dhol through the village at other times, clearing carcasses, delivering messages, etc, all of which they had given up years ago.

 

The people of Shahu Nagar protested that many of them were employed otherwise now. The Communidade however remained adamant. the Mahars had to do the work. Only then would the development of their wado be considered.

 

Meanwhile, the funds released under the scheme are being utilised in the other wados, where roads, gutters, taps, toilets, and wells are being built. In Shahu Nagar however, even a deep and dangerous hole which has developed in the main road remains unrepaired.

 

And this is not the only atrocity being faced by the Dalits here. They are not allowed to build new houses, extend their old ones, or even build new sheds or barns; one person was threatened when he tried. And they are, even today, not allowed to enter the village temple. There are some houses, including that of a teacher of the local school, where they are offered water in separate glasses. This school conducts a Satyanarayana puja every year (itself a questionable activity—why should a government school hold religious programme, and that of only some faiths?) in which Mahar students are not allowed to play a role. The villagers say that they have complained about all this to BJP MLA Rajendra Arlekar, who represents Pernem in the Assembly, but to no avail.

 

And Ibrampur’s story is not a unique one. Avinash Jadhav, an activist of Dalit Ekta Samiti, carried out a one-day hunger strike in Panjim on 15 August, in solidarity with the Gujarat movement and also to highlight atrocities in Goa, especially in Sattari. Jadhav described Dalits there as living ‘in custody’. They lived, he said, completely at the mercy of the bhatkars, i.e. the Rane family, with no title to the land on which they have lived and toiled for generations, without the freedom to harvest the produce from their own trees, sometimes even with barbed wire fencing put around their houses by the bhatkar’s men to prevent them ‘trespassing’ on the sprawling lands controlled by him.

 

In other words, our ‘progressive’ land of Goa is rife with caste-based atrocities, most of them directly connected to the practices and beliefs of Hinduism, as pointed out ages ago by Jyotiba Phule as well as Dr Ambedkar. And a critical element of this oppression is through control of land. Thus the slogan given by the Dalits in Gujarat, challenging the Hindu obsession with the cow and also focussing on land, is the slogan for Goa as well – Keep the cow’s tail for yourself, give us our land!

 

(First published in O Heraldo, dt: 25 August, 2016)