Friday, November 01, 2024

 

Commemorating Lenin: Electricity, Logic and Science


Prabir Purkayastha 





On his death centenary this year, we need to not only remember Lenin’s contributions to political action and building a revolutionary party, but also to the philosophy of science and the role of electricity.

This year is Comrade V I Lenin's death centenary year. For those who are socialists and communists, the Soviet Union was the hope of founding a new society in which the working people, and not the capitalist or the feudal classes, would own the means of production. For many, the Soviet Union gave hope for a different social order and the possibility of national liberation from the clutches of the colonial rulers. The Bolshevik Revolution changed the capitalist and the colonial world, giving birth to the possibility of a world without greed and oppression, where those laboured would get the fruits of their labour. Not a set of parasitic classes who had very little contribution to production.

But this is not what I want to write today. I will address two very different aspects of Lenin's contribution which may not be so well-known: i) the electricity sector and its larger role in society, ii) science and philosophy. I will address only a few of the issues he grappled with and how these issues continue today, though in different forms.

In both these fields, Lenin not only had views but was also an active participant in shaping the views of his generation. In the electricity sector, he saw the future of industrialisation and agriculture in the Soviet Union. So much so that he declared that the Soviets and electrification equalled socialism; this was not simply a slogan but a deeply thought-out structure of the relationship he was proposing between the economy, the productive forces and knowledge. That, for him, included both science and technology—and the peoples' organisations: at that time, the Soviets.

The second addresses the new physics—relativity and quantum mechanics—both of which created problems not only for classical physics but also all the existing philosophical systems. Not surprisingly, not only were the old-school philosophers divided, but also the Marxists, many of whom dismissed both relativity and quantum mechanics as bourgeois deviations.

For Lenin, it was not simply a question of interpretation of reality within the framework of dialectical materialism but also one of how to enlarge the framework itself to meet these new challenges. Though he had published his initial work, Materialism and Empirio-criticism, and is widely known, his Philosophical Notebook, which advanced his formulations over his earlier work, remains as notes.

Though published later in the Soviet Union and available to all interested people, we miss the final form his notes would surely have taken due to his early death in 1924 at the age of 53.

Let us start with the story of the Soviet Union's electrification. At the time the Bolshevik Revolution took place—in 1918—the Soviet Union had an installed capacity of only 4.8 MW, catering at best to a few cities. What Lenin and the Communist Party recognised was that without large-scale electrification, neither industries nor agriculture would develop. Agriculture needed both irrigation and manufacturing to produce agricultural implements. This was why he said that the Soviets plus electrification was equal to socialism. For him and the Bolshevik party, that meant not just importing machines but also manufacturing them. The first target of industrialisation, therefore, was the electricity sector itself.

In November 1920, Lenin identified electricity as Russia's path to communism: "Communism is equal to Soviet power plus the electrification of the entire country". The declaration signified the Communist Party's approval of a plan forwarded by GOELRO, The State Commission for the Electrification of Russia, composed of engineers and scientists.

Lenin repeated his understanding of electricity and its importance to the Bolshevik Revolution in his address to the Third Congress of the Comintern (1921):

"A large-scale machine industry capable of reorganising agriculture is the only material basis that is possible for socialism… We had to undertake the scientific work of drawing up such a plan for the electrification of the USSR...with the cooperation of over two hundred of the best scientists, engineers and agronomists in Russia. Arrangements have now been made to convene an all-Russia congress of electrical engineers in August 1921 to examine this plan in detail, before it is given final government endorsement."

A number of later bourgeois scholars, including post-modernists, have tried to present Lenin as a mechanistic materialist who sought to strait jacket science within a utilitarian framework of technology. What they fail to understand is that Lenin was proposing an alliance of the technical workers with the peasantry for the two-fold purpose of rapid industrialisation of Russia and expanding its agriculture.

The technical intelligentsia—engineers and scientists—also allied with the revolutionary forces through this programme of expanding the fledgeling electricity sector. It was not simply expanding electrification but also developing the ability to build the machines that would produce electricity: the hydro-turbines.  This is what Marx called the Department 1 of the industry, the ability to build the machines themselves that produce other artefacts/goods. Hydroelectric power would supply electricity to the people and the industries, and the dams would provide water to irrigate the peasants' fields. The alliance of the workers and peasants would be built around the hydroelectric projects themselves.

Lenin's slogan of Soviets plus electricity was a political slogan as much as it was a techno-economic one. It became the backbone of the industrial development of the Soviet Union, as without electricity, no large-scale industrialisation would have been possible. It also built up a cadre of workers and technologists who would power the industrialisation of the Soviet Union.

Interestingly, the electricity sector in India was also the arena in which Nehruvian, the socialist-communist and the Ambedkarite vision also came together in post-Independence India. Just as Lenin had identified the electricity sector and hydroelectric projects as the core of the socialist project, so did Nehru and Ambedkar.

As we know, Nehru declared hydroelectric projects as the "temples" of modern India, though he also later thought of many small dams and small industrial projects as an alternative to a few large projects (When the big dams came up: The Hindu, March 20, 2015).

What is less known is Ambedkar and his pioneering efforts as the Chairman of the Policy Committee on Public Works and Electric Power in 1943, and drafting of India's Electricity Act in 1948. He, as the architect of the Act, envisaged that electricity was an essential necessity, needed to be in the public sector and kept free of profit-making (Ambedkar's Role in Economic Planning Water and Power Policy, Sukhdeo Thorat, Shipra Publications, 2006). He also defined himself as a socialist, though not a Marxist (India and CommunismB.R. Ambedkar, Introduction by Anand Teltumbde, Leftword Books).

Remembering Lenin, we not only have to remember his many-sided contributions to political action and building a revolutionary party but also his contribution to philosophy, including the philosophy of science.

His first major philosophy of science work was Materialism and Empirio-criticism, in which he criticises those who uncritically accepted the Copenhagen interpretation of quantum mechanics. Undoubtedly, quantum mechanics and the theory of relativity posed serious challenges to all philosophical schools. This is the nature of any major scientific advance. It not only challenges the knowledge of nature that we have, but also the philosophies of nature that we build on such an understanding of nature.

Just like the heliocentric world, the discovery of the quantum world and the relativistic nature of the world, shook up the philosophical world. Philosophers refused to accept Einstein's theory of relativity, arguing that Einstein did not understand the philosophical nature of time, to which Einstein's reply was he only understood the time that could be measured and not philosophical time.

This was reflected in a major debate between Einstein and Henri Bergson in Paris (The Physicist and the Philosopher, Jimena Canales, 2015). Though history would show that Einstein's vision of time was objective, unlike subjective time for Bergson, Bergson's view prevailed on the Nobel Committee, which gave Einstein the Nobel Prize for the photoelectric effect and not for relativity, for which he became world-famous, keeping in mind, "...that the famous philosopher Bergson in Paris has challenged this theory".

Lenin's Philosophical Notebooks, though not written as a book but as notes to himself, makes clear that he had moved beyond his earlier formulation of sense perception of the external world as a "reflection". However, the critics of his Material and Empiro Criticism condemn it wrongly as being crude materialist based on this formulation alone. This is on par with condemning Engels as a crude materialist as opposed to Marx as the "correct" materialist.

Though Lenin always recognised that scientific laws are only partial and "fallible", his understanding of motion itself as—being in two places simultaneously—as dialectical and cannot be captured by binary (yes/no) Aristotelian logic. This is enunciated clearly in the Notebook. Though many multi-valued logic formulations exist, an exposition of dialectical logic that can replace Aristotelian binary logic and yet retain the mathematics built on this structure of Aristotelian logic remains a challenge. In other words, Zeno's paradox of why Achilles cannot catch a tortoise still remains a problem in the current paradigm of mathematical logic, even though we are fully aware that Achilles will overtake the tortoise!

We should be happy that Lenin has left us many more problems than what he has solved, both in revolutionary practice, history, economics and philosophy. This is our challenge, and a challenge all living science and philosophy should have. Others are dogmas that need to be discarded to understand the dynamics of nature and society


Thursday, February 22, 2024

The Passing of Lenin. (1924)


From the March 1924 issue of the Socialist Standard


One of the significant facts brought into prominence by the great war was the intellectual bankruptcy of the ruling class of the Western World.

A gigantic field of operations and colossal wealth at their disposal, failed to bring out a single personality above the mediocre, from England and Germany down the list to America and Roumania.

The only character that stood, and stands, above the Capitalist mediocrities, was the man lately buried in Moscow – Nikolai Lenin.

The senseless shrieks of the Capitalist henchman against Lenin was itself evidence of their recognition of their own inferiority. All the wild and confused tales that were told by the agents of the master class (from Winston Churchill to Mrs. Snowden) to suggest that Lenin was “the greatest monster of iniquity the world has ever seen,” largely defeated their object, to every person capable of thinking clearly, by their sheer stupidity and extravagance.

One result of this tornado of lies was to cause a corresponding reaction on the other side. The various groups of woolly headed Communists, inside and outside of Russia, began to hail Lenin a new “Messiah” who was going to show the working class a new quick road to salvation. Thus does senseless abuse beget equally senseless hero-worship.

From sheer exhaustion the two-fold campaign has died down in the last year or two, even the “stunt” press only giving small space to Lenin and Russia.

Lenin’s sudden death, despite his long illness, has brought forward a flood of articles and reviews entirely different in tone from those that greeted his rise to power.

The shining light of modern Conservatism – Mr. J. L. Garvin – does not know whether Lenin was famous or infamous, whether he was a great man or a great scoundrel, so, wisely, leaves the verdict to posterity to settle.

A Fabian pet, Mr. G. D. H. Cole, in the New Statesman, for the 2nd February, makes the claim that Lenin’s great work was the “invention of the Soviet”! It is difficult to understand how the editor of a journal, supposed to be written for “educated” people, should have allowed such a piece of stupid ignorance to have passed his scrutiny. The word “Soviet” – that seems to have mesmerised some people – simply means “Council.” Every student of Russia knows that the “Council” has been an organic part of the Russian Constitution since the middle of the 16th century. But there may be another explanation of Mr. Cole’s attitude. As one of the leaders of that hopeless crusade to turn back the hands of the clock (known as “The Guild System”) he sees around him the ruins and the rubbish of the various experiments in this system and maybe he hopes by claiming Russia as an example of “Guildism” to arouse some new enthusiasm for further useless experiments. His hopes are built on shifting sands.

Michael Farbman, in the Observer, Jan. 27th, 1924, takes a more daring and dangerous line. He claims to understand Marx and Marxism, and yet makes such statements as:-
  “When Lenin inaugurated the Dictatorship of the Proletariat he obviously was unhampered by the slightest hesitation or doubt as to the efficacy of Marxian principles. But the longer he tested them as a practical revolutionist and statesman the more he became aware of the impossibility of building up a society on an automatic and exclusively economic basis. When he had to adopt an agrarian policy totally at variance with his Marxian opinions, and when later he was compelled to make an appeal to the peasants’ acquisitive instincts and go back to what he styled ‘State Capitalism,’ he was not only conscious that something was wrong with his Marxian gospel, but frankly admitted that Marx had not foreseen all the realities of a complex situation. It is probably no exaggeration to say that the greatest value of the Russian Revolution to the world Labour movement lies in the fact that it has replaced Marxism by Leninism.”
The above quotation has been given at length because it not only epitomises Mr. Farbman’s attitude but also that of many so-called “Socialists.”

It will, therefore, be a matter of astonishment to the reader unacquainted with Marx’s writings and theories to learn that almost every sentence in that paragraph either begs the question or is directly false.

In the first sentence we have two assertions, One that Lenin established the “ Dictatorship of the Proletariat,” the other that this is a “Marxian principle.” Both statements are deliberately false.

Lenin never established any “Dictatorship of the Proletariat” – whatever that may mean – but only the Dictatorship of the Communist Party which exists today. In the whole of Marx’s writing that he himself saw through the press the phrase Dictatorship of the Proletariat does not occur once! This, of course, Mr. Farbman knows well. The next sentence contains a phrase that Mr. Farbman may know the meaning of, but which is idiotic nonsense from a Marxian standpoint. To talk of a Society “on an automatic and exclusively economic basis” is utterly in opposition to all Marxian teachings.

If Lenin ever made the statement attributed to him in the sentence that follows – “that Marx had not foreseen all the realities of a complex situation” – which is at least doubtful as no reference is given, that would only show Lenin’s misreading of Marx.

But the last sentence is a gem. Not only has the Russian revolution not displaced Marxism by Leninism (for as showed above Marxism never existed there) – it has displaced Leninism by Capitalism.

To understand Lenin’s position, both actually and historically, it is necessary to examine the conditions under which he came to the front. Early in 1917 it was clear to all observers that the corruption, treachery and double-dealing of the Czar and his nobles had brought about the collapse of the Army. (See M, Phillips Price The Soviet, the Terror and Intervention, p. 15; John Reed, Ten Days that Shook the World, etc,).

This was the most important factor in the whole Russian upheaval, and is the pivot upon which all the rest turns.

The Romanoffs and their crew had fallen from power when an efficient armed force was no longer at their disposal. Kerensky, who replaced them, tried to keep the war going without men or munitions. Lenin obtained permission to leave Switzerland for Russia and tried to stir up a revolt in March, 1917, but this failed, and he had to fly to Finland. Confusion grew, and finally it was decided to take steps to call a Constituent Assembly to draw up a new Constitution for Russia. The Bolsheviks hailed this move and loudly protested against the dilatoriness of Kerensky, who was afraid of losing office. At the same time the various Councils of peasants, workers and soldiers began to send representatives to Petrograd for an All-Russian Congress. At once a struggle began between the Kerensky section – or Mensheviks – and the Lenin section – or Bolsheviks – to obtain the majority of representation in this Assembly. For days the struggle continued and almost to the last moment the issue was in doubt, but the superior slogan of the Bolsheviks – “Peace, Bread, Land” – finally won a majority over to their side.

A day or two before this Lenin had come out of his hiding place and placed himself at the head of the Bolsheviks.

The first thing Lenin did when in office was to keep his promise. He issued a call for peace to all the belligerents on the basis of’ “no annexations, no indemnities.” This astonished the politicians of the Western Nations to whom election promises are standing jokes.

It was at this point that Lenin made his greatest miscalculation. He believed that the working masses of the western world were so war weary that upon the call from one of the combatants they would rise and force their various Governments to negotiate peace. Unfortunately these masses had neither the knowledge nor the organisation necessary for such a movement, and no response was given to the call, except the snarling demands of the Allies that Russia should continue to send men to be slaughtered. This lack of response was a terrible disappointment to Lenin, but, facing the situation, he opened negotiations for a separate peace with Germany. And here he made a brilliant stroke. To the horror and dismay of all the diplomatic circles in Europe he declared that the negotiations would be carried on in public, and they were. Thus exposing the stupid superstition still so beloved of Communists here, that it is impossible to conduct important negotiations in public.

Of course the conditions demanded by the Germans were hard. Again and again Lenin’s followers demanded that war should be re-opened rather than accept these conditions. Radek reports a conversation (Russian Information and Review, January 26th, 1924):-
  “The mujik must   the war. ‘But don’t you see that the mujik voted against the war,’ Lenin answered. ‘Excuse me, when and how did he vote against it?’ ‘He voted with his feet; he is running away from the front.’”
Large tracts of territory were detached from the Bolshevik control, and the greatest blow was the separation of the Ukraine, whose splendid fertile soil would have been of immense value for the purpose of providing food.

Still the problems to be handled were enormous. The delegates to the Constituent Assembly had gathered in Petrograd, but Lenin, who shouted so loudly for this Assembly when out of office, was not running the risk of being deposed now he was in office. He had the gathering dispersed, and refused to let the Assembly meet. Sporadic outbreaks among the peasantry were a source of continual trouble, particularly as the Bolsheviks had only a poor force at their disposal. The signing of the Armistice however solved this problem. The Communists are fond of claiming that Trotsky organised the “Red Army.” This claim is absurd, for Trotsky knew nothing of military matters. The upheaval in Germany, after the signing of the Armistice, threw hundreds of German officers out of work and Lenin gladly engaged their services, at high salaries, to organise the army. By the offer of better food rations, better clothing and warmer quarters plenty of men offered themselves for enlistment. The main difficulty however was not men but munitions.

Lenin and his supporters expected that the victorious Allies would turn their combined forces on Russia. But the Allies were so engrossed in trickery, double-dealing and swindling each other over the sharing of the plunder that they largely ignored Russia. Still to show their good will and kind intentions they subsidised a set of thieving scoundrels – Koltchak (assisted by that British hero “Colonel” John Ward), DenikenWrangelYudenitch, etc., to invade Russia for the purpose of taking it out of the control of the Russians.

It was a most hopeful undertaking, this sending in of marauding bands! The peasant, who had just got rid of his age-long enemy the landlord (sometimes rather summarily) was expected to assist in restoring that gentleman. To help them in reaching a decision, these marauding bands, with strict impartiality, plundered friend and foe alike. The only result of these various raids was to unify the mass of the people in Russia in accepting the Bolshevik rule. Slowly the Russians began to gather arms. Their army was already in good order, and although the enormous distances and lack of transport prevented them reaching many places, yet whenever the Red Army met the looting bands mentioned above the latter were defeated, with monotonous regularity.

Of course compared with the battles on the western front these engagements were mere hand skirmishes, as neither side had any heavy artillery, high-velocity shells, poison gas, nor bombing aeroplanes.

A greater enemy to Leninism than any of these gangs, however, and one which had been exerting its influence for some time, now greatly increased its pressure, this was the individualistic conditions of the peasant, combined with the wants of the townsmen. Various decrees had been passed forbidding private trading in the towns and villages (apart from special licences) but the Bolsheviks had never dared to enforce these decrees in face of the food shortage. The result of this increased pressure was the famous “New Economic Policy,” that caused such consternation in the ranks of the Communist parties. In this country Miss Sylvia Pankhurst nearly died of disgust when the news arrived.

But once more Lenin was right. He recognised the seriousness of the conditions and tried to frame a policy to fit them. His own words describe the situation with great clearness:-
  “Yet, in 1921, after having emerged victoriously from the most important stages of the Civil War, Soviet Russia came face to face with a great – I believe, the greatest – internal political crisis which caused dissatisfaction, not only of the huge masses of the peasantry, but also of large numbers of workers.
  “It was the first, and I hope the last, time in the history of Soviet Russia that we had the great masses of the peasantry arrayed against us, not consciously, but instinctively, as a sort of political mood.
  “What was the cause of this unique, and, for us, naturally disagreeable, situation? It was caused by the fact that we had gone too far with our economic measures, that the masses were already sensing what we had not properly formulated, although we had to acknowledge a few weeks afterwards, namely, that the direct transition to pure Socialist economy, to pure Socialistic distribution of wealth, was far beyond our resources, and that if we could not make a successful and timely retreat, if we could not confine ourselves to easier tasks, we would go under.” (Address to the Fourth Congress of the Communist International.) (Italics ours.)
The most significant phrase in the above statement – the one we have underlined – now admits at last that Marx was right, and that the whole of the Communist “Theories and Theses” are rubbish from top to bottom.

Mr. Brailsford, the £1,000 a year, editor of The New Leader, in the issue for January 25th, 1924 says:-
  “Alone in the earthquakes of the war period, this Russian revived the heroic age, and proved what the naked will of one man may do to change the course of history.”
What knowledge! What judgement! What intelligence! Where has the “course of history” changed one hair’s breadth owing to Russia? And the above specimen of ignorance, that would disgrace a school child, is considered worth £1,000 a year by the I.L.P.! Doubtless the measure of their intelligence.

The chief points of Lenin’s rule can now be traced out. He was the product of the “course of history” when the breakdown occurred in Russia. At first – nay even as late as the publication of Left-Wing Communism (p.44) – Lenin claimed that it was “a Socialist Revolution.” He also claimed that the Bolsheviks were establishing “Socialism” in Russia in accord with Marxian principles. Some of the shifts, and even deliberate misinterpretations of Marx’s writings that Lenin indulged in to defend his unsound position have already been dealt with in past issues of the Socialist Standard and need not detain us here. To delay the victorious Allies taking action against Russia, large sums were spent on propaganda in Europe by the Bolsheviks. “Communist” Parties sprang up like mushrooms, and now that these funds are vanishing, are dying like the same vegetable. Their policy was to stir up strife. Every strike was hailed as the “starting of the revolution.” But somehow they were all “bad starts”!

When the Constituent Assembly was broken up by Lenin’s orders he had the Russian Soviet Constitution drawn up. He realised that if the Bolsheviks were to retain control this new Constitution must give them full power. We have already analysed this Constitution in detail, in a previous issue, but a repetition of one point will make the essential feature clear. Clause 12 says:-
  “The supreme authority in the Russian Soviet Republic is vested in the All Russia Congress of Soviets, and, during the time between the Congresses, in the Central Executive Committee.”
Clause 28 says:-
  “The All Russia Congress of Soviets elects the All Russia Central Executive of not more than 200 members.”
Innocent enough, surely! But – yes there is a but – the credentials of the delegates to the All-Russia Congress are verified by the officials of the Communist Party and at every congress it turns out – quite by accident of course – that a large majority of the delegates are members of the Communist Party. The others are listened to politely, allowed to make long speeches, and then voted down by the “Block.” This little fact also applies to all “The Third Communist International Congresses,” and to all “The International Congresses of the Red Labour Unions.” No matter how many delegates the other countries may send, the Russian delegation is always larger than the rest combined.

By this “Dictatorship of the Communist Party” Lenin was able to keep power concentrated in his own hands.

Lenin made desperate efforts to induce the town workers to run the factories on disciplined lines, but despite the most rigid decrees these efforts were a failure. The Russian townsmen, like the peasant, has no appreciation of the value of time, and it is impossible to convert a 17th century hand worker into a modern industrial wage slave by merely pushing him into a factory and giving him a machine to attend. Lenin’s experience proves the fallacy of those who proclaim that modern machines, because they are made “fool-proof” in some details, can be operated by any people, no matter how low their stage of development.

Another idea was tried. A number of minor vultures on the working class, of the I.W.W. and Anarchist “leader” type, had gone to Russia to see what could be picked up. There were 6,000,000 unemployed in America. Lenin called upon these “leaders” to arrange for the transport of numbers of mechanics and skilled labourers to form colonies in Russia, with up-to-date factories and modern machinery. These “leaders” pocketed their fees and expenses, but the colonies have yet to materialise.

Such was the position up to the time of Lenin’s illness.

What then are Lenin’s merits? First in order of time is the fact that he made a clarion call for a world peace. When that failed he concluded a peace for his own country. Upon this first necessary factor he established a Constitution to give him control and, with a skill and judgement unequalled by any European or American statesman, he guided Russia out of its appalling chaos into a position where the services are operating fairly for such an undeveloped country, and where, at least, hunger no longer hangs over the people’s heads. Compare this with the present conditions in Eastern Europe!

Despite his claims at the beginning, he was the first to see the trend of conditions and adapt himself to these conditions. So far was he from “changing the course of history” as Brailsford ignorantly remarks that it was the course of history which changed him, drove him from one point after another till today Russia stands halfway on the road to capitalism. The Communists, in their ignorance, may howl at this, but Russia cannot escape her destiny. As Marx says:-
  “One nation can and should learn from others. And even when a society has got upon the right track for the discovery of the natural laws of its movement – and it is the ultimate aim of this work to lay bare the economic law of motion of modern society – it can neither clear by bold leaps nor remove by legal enactments the obstacles offered by the successive phases of its normal development. But it can shorten and lessen the birth pangs.” (Preface Vol, I. Capital.)
The Bolsheviks will probably remain in control for the simple reason that there is no one in Russia capable of taking their place. It will be a question largely as to whether they will be able to stand the strain for the task is a heavy one, and they are by no means overcrowded with capable men. But this control will actually resolve itself into control for, and in the interests of, the Capitalists who are willing to take up the development of raw materials and industry in Russia. The New Economic Policy points the way.

The peasant problem will take longer to solve because of the immense areas, and lack of means of communication. Until the capitalists develop roads and railways the peasants will, in the main, follow their present methods and habits. When these roads and railways are developed, modern agriculture will begin to appear worked at first with imported men and machines. But then Russia will be well on the road to fully developed Capitalism.

The Communists claim that Lenin was a great teacher to the working class the world over, but with singular wisdom they refrain from pointing out what that teaching was. His actions from 1917 to 1922 certainly illustrate a certain lesson that is given above, but the teacher of that lesson was Karl Marx.
Jack Fitzgerald



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 INDIA

Sukanya Shantha Case: Despite SC Ruling, Lot Needs to be Done to Address Caste-Based Prison Hierarchies


Ayush Gairola 



Although Sukanya Shantha versus Union of India is a welcome judgment, a more nuanced and multi-faceted approach is needed to address discriminatory practices and the caste-based hierarchies within prisons.

Recently, a three-judge Bench of the Supreme Court, led by the Chief Justice of India Dr D.Y. Chandrachud, ruled that the rules enabling caste-based discrimination in prisons are oppressive and violate the fundamental rights of prisoners.

The Bench observed that several state prison manuals enabled the segregation of prisoners and the assigning of work based on caste. These rules authorised the assigning of menial, degrading and inhumane tasks to marginalised and oppressed castes’ prisoners.

The Bench found such rules to be in violation of Articles 14, 15, 21 and 23 of the Indian Constitution and accordingly directed the revision, within three months, of not only the relevant state prison manuals but also the Model Prison Manual, 2016 (2016 Manual) and the Model Prisons Act, 2023 (2023 Act).

Although this judgement is a positive step in the right direction, it is not only long overdue but is also incomplete in itself. It would be a bit difficult to assume that the mere removal of violative provisions will disentangle this complex issue and prevent caste-discriminatory practices within prisons.

The Bench observed that several state prison manuals enabled the segregation of prisoners and the assigning of work based on caste.

Although Sukanya Shantha versus Union of India is a welcome judgment, a more nuanced and multi-faceted approach is needed to address discriminatory practices and the caste-based hierarchies within prisons.

Caste-based discrimination within prisons

The caste system, the division of society based on the birth of individuals, has been prevalent in our society for a very long time. It is axiomatic that such a deeply entrenched notion would not disappear by itself merely because an individual is in prison.

However, the difference is that those outside the prisons have the means to enforce their fundamental rights against discriminatory practices, whereas the institution of prison often prevents the inmates from asserting these rights.

It is essential to note that prisoners are equally entitled to these rights, subject to the restrictions imposed by law. The Supreme Court has time and again, in cases such as Sunil Batra versus Delhi Administration and Prem Shankar Shukla versus Delhi Administration, pointed out that an individual’s conviction and imprisonment do not strip them of their fundamental rights.

Additionally, international conventions such as the UN Standard Minimum Rules for the Treatment of Prisons, also known as the Nelson Mandela Rules, and the Basic Principles for the Treatment of Prisoners also prohibit any kind of unreasonable classification or discrimination in prisons based on social origin, birth, or any other status.

However, despite these explicit prohibitions by the Supreme Court and the recognition of several international conventions, caste-based discrimination is prevalent inside prisons.

As also highlighted by the petitioner in the instant case, this ranges from dividing jobs and labour to the segregation of prisoners on the basis of their caste, under the guise of maintaining peace and order inside the prison.

This kind of discrimination creates a power imbalance and hierarchy among the prison inmates, where the already overwhelmed marginalised inmates are forced to do menial jobs and are segregated from others, compelling them to experience the same harsh and wrongful social realities, that they are likely battling in the outside world.

Furthermore, according to the Prison Statistics of India, the inmates belonging to Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) are incarcerated in numbers disproportionately high to their share of the population.

Despite the significant number of inmates from these communities, this issue of caste discrimination was never independently addressed, and blatant discriminatory provisions continued to exist prior to this judgment.

This institutionalised form of discrimination would not only affect the immediate physical health of the inmates but also potentially affect their mental well-being. As observed in Odisha prisons, around 53 percent of the prisoners are suffering from severe or moderately severe depression.

Those outside the prisons have the means to enforce their fundamental rights against discriminatory practices, whereas the institution of prison often prevents the inmates from asserting these rights.

The persistent discriminatory practices could potentially exacerbate the already fragile conditions of such prisoners. Furthermore, the potential for intersectional discrimination against female prisoners belonging to marginalised and oppressed castes can have cascading effects on their mental health and hinder the broader aim of their rehabilitation.

Along with the problem of rules enabling caste-based segregation of prisoners and the assigning of work, it has been observed in various prisons that while the rules exempted undertrial prisoners from being assigned jobs in a prison, officials nevertheless assign jobs to them based on these oppressive notions.

This signifies that beyond mere adherence to rules by prison officials, there are several other reasons that perpetuate caste-based discriminatory practices within prisons.

Factors contributing to discrimination

There are several factors that perpetuate caste-based discrimination within prisons, making it difficult for inmates to raise their voices against these inhumane practices.

The most troubling issue is the institutionalised form of discrimination which persists in different states. Several states have prison manuals based on the Prisons Act of 1894, which stipulates that labour must be divided based on the caste of the individuals.

Tasks considered ‘pure’, such as cooking, are assigned to ‘higher castes’, while ‘impure’ tasks, such as cleaning the toilets and sweeping, are allotted to those of ‘lower-caste’.

This division is likely based on the dogmatic pretext that certain tasks, considered closer to divinity, must be shielded from the perceived impurity associated with ‘lower-caste’ individuals.

The Supreme Court, in the instant case, has tried to address this form of discrimination, but it also acknowledged the fact that this alone would not be enough, stating: “Discrimination against the SCs, STs and Denotified Tribes has continued in a systemic manner. Remedying systemic discrimination requires concrete multi-faceted efforts by all institutions.”

Despite explicit prohibition by the Supreme Court and the recognition of several international conventions, caste-based discrimination is prevalent inside prisons.

Along with the aforementioned problem, another factor contributing to the persistent caste-based discrimination is the invisibilisation of this discourse by mainstream scholars.

Many scholars who engage in prison studies either overlook the role of caste in various forms of discrimination or choose not to explore this aspect in depth. A recent study of the attitudes of various prison scholars towards prison hierarchies revealed that most of them did not perceive caste as a significant factor in determining the relative hierarchy of prisoners.

Instead, they contended that other factors such as education and relative wealth of the prisoners shaped their position within the prison hierarchy, thereby neglecting the influence of caste and its contribution to these very factors.

In the past, the Union ministry of home affairs (MHA) has issued several advisories clarifying that the manual prohibits any division of duties based on caste, however, the issue persisted.

This leads us to another important factor: the problem of lack of information. There is a generalised problem of lack of information among the prisoners about their rights and the channels available to raise concerns.

This information gap makes it potentially challenging for reforms to be effectively implemented at the ground level, often delaying their intended impact.

Sudha Bharadwaj, in her book From Phansi Yard: My Year with the Women of Yerwada and in various interviews, highlights the dismal state of legal aid, noting the lack of accountability and the failure of lawyers to meet or correspond regularly with their clients, which ultimately hinders proper representation of inmates.

Given this, it would be very difficult to assume that the lawyer would pay attention to the violations of personal liberty and degradation of dignity faced by a marginalised individuals inside the prison premises, independent of the legal proceedings of the inmate in court.

Tasks considered ‘pure’, such as cooking, are assigned to ‘higher castes’, while ‘impure’ tasks, such as cleaning the toilets and sweeping, are allotted to those of ‘lower castes’.

Additionally, several civil society organisations attempting to intervene and address these violations face significant challenges, such as limited access to state prison manuals and other relevant documents, which are often withheld for security reasons.

When such organisations seek to investigate systemic abuses within the prison system, they are frequently denied access to necessary materials, hindering any comprehensive critique of the system.

Given the multifold challenges posed by these factors, there is a need to address these barriers, which collectively perpetuate a systemic form of caste-based discrimination within prisons.

Need for redress

Going forward, there are four possible solutions to address the complex issue of caste-based discrimination in prisons. Firstly, there must be a representation of marginalised communities and the participation of former inmates of these communities in rule-making.

Generally, prison rules, such as rules of segregation, are created from the perspective of prison officials, who are expected to create order and security within the premises.

However, such an approach risks creating rules that are considered arbitrary by inmates and disconnected from their experiences. Having proper representation of such communities would help in providing valuable insights into the lived realities of prisoners and suggest rules that are not overly authoritarian and detached from prisoners’ concerns.

Secondly, there is a need to mainstream the discourse on caste as an independent factor in creating hierarchies among inmates within prisons. As pointed out previously, many scholars overlook the role of caste in shaping hierarchies within prisons, often emphasising other socio-economic factors.

Thus, there is a need to study caste not only as an independent factor but also to ascertain how it fuels other factors, such as education and the relative wealth of inmates, in the creation of these hierarchical structures.

Moreover, as mentioned previously, various scholars and their studies recognise that the possession of social and economic capital significantly influences the hierarchy within the prison, which is essential for the enforcement of rights and access to privileges.

There is a problem of lack of information among the prisoners about their rights and the channels available to raise concerns.

The lack of such capital would often make it difficult for inmates from marginalised communities to challenge this rigid hierarchical structure on their own. Therefore, the third suggestion is to make the system of legal aid more robust by creating and implementing mechanisms that increase the accountability of lawyers, such as mandating regular visits to clients.

Additionally, incentivising careers in legal aid can bring in more competent lawyers under this system to facilitate the proper representation of prison inmates. The focus should be not only on legal proceedings in court but also on preventing any kind of violation of personal liberty and degradation of human dignity inside the prison.

Lastly, there is a need to get rid of the opacity between prisons and the outside world. Over the past few years, the ministry of home affairs has come up with the 2016 Manual and the 2023 Act with the aim of aligning prison laws with the principles of reformation and rehabilitation of prison inmates.

If the main objective of prisons is the rehabilitation of inmates and not retribution, then it is crucial to foster greater transparency about the conditions and events inside prisons.

Therefore, it is necessary that research scholars, law students, and civil society organisations are allowed to actively participate in the process of reformation and rehabilitation of inmates.

This could include greater access to several documents related to the rights and current conditions of inmates inside the prison, along with facilitating and streamlining jail visits and interaction with inmates, to eliminate the opacity between this draconian institution and the outside world.

In the short term, to address the immediate concerns of the oppressed prisoners, there is a need to find ways to circumvent this problem of opacity by using methods such as interviewing current and former inmates about their experiences, which would help to better understand the challenges faced by marginalised prisoners.

However, in the long term, there is a need for abolitionist reforms that place emphasis on dismantling incarceration rather than perpetuating such oppressive structures under the guise of ‘reforms’.

As Angela Davis also points out in her bookAre Prisons Obsolete?, the institution of prisons creates a barrier that prevents any meaningful engagement with and resolution of the issues affecting the communities, which are disproportionately represented among inmates.

As mentioned previously, individuals of marginalised communities are incarcerated in numbers that are disproportionately high compared to their population. Prison, as an institution, prevents the understanding of the fundamental problems being faced by such communities and reinforces the traditional caste-based hierarchies within its premises, thereby defeating its purpose of rehabilitation as envisaged by the State.

The failure of the institution to fulfil its intended purpose makes it crucial, in the long term, to look for alternatives that substitute prisons rather than promoting the existing structures.

Thus, there is a need to promote the ideas of restorative justice by emphasising open dialogue as the means for resolving conflicts. Such a mechanism would further the goal of rehabilitation of the offender by moving away from the traditional criminal system, which focuses merely on punishing the wrongdoer.

It would also help the offender to share their experiences and emotions, eventually helping to identify and address the underlying issues being faced by people from marginalised communities.

Courtesy: The Leaflet




Over 1,000 Authors Call for Boycott of Israeli Publishers ‘Complicit’ in Dispossession of Palestinian People

Newsclick Report | 30 Oct 2024

The signatories to a public statement announcing the boycott include Nobel Prize, Booker Prize, Pulitzer Prize and National Book Award winning authors.


Over 8,610 Palestinians have been killed and over 23,000 have been wounded in the Israeli attacks on Gaza and other occupied territories since October 7 (Photo: UNRWA)


New Delhi: In what is being termed as “the largest cultural boycott against Israeli institutions in history”, over 1,000 writers, including Nobel Prize, Booker Prize, Pulitzer Prize winners, have endorsed a statement calling for “mass boycott” of Israeli publishers “complicit in the dispossession of the Palestinian people.

The signatories include authors, such as Sally Rooney, Annie Ernaux, Arundhati Roy, Viet Thanh Nguyen, Max Porter, Ocean Vuong, Percival Everett, Abdulrazak Gurnah, Rupi Kaur, Michelle Alexander, Judith Butler, Rachel Kushner, Jhumpa Lahiri, Valeria Luiselli, Pankaj Mishra, Kamila Shamsie, Jhumpa Lahiri, Mohsin Hamid and many others, according to a press statement released by Palestine Festival of Literature.

The authors have joined a campaign launched over 20 years ago by the Palestinian civil society, including writers unions, trade unions, academics, and intellectuals, that called for those working in cultural industries to refuse working with Israeli academic and cultural institutions that are ‘”complicit in Israel’s human rights abuses against the Palestinian people and upholding apartheid and genocide”, read the statement.

“The overwhelming majority of Israel’s publishing industry is silent on Israel’s pervasive practice of targeting Palestinian writers and scholars for death and persecution; silent on Israel’s destruction of Palestinian libraries, printers, and publishing houses, silent on Israel’s now widely-known practice of scholasticide, even as it continues to destroy Palestinian schools, universities, libraries, and archives. In several cases there was not only silence, but support for the Israeli military’s actions,” said the signatories.

Terming themselves as “a coalition of solidarity groups”, the statement said it had identified and researched 98 Israeli publishers “and of all of them only one met the two basic demands outlined above: a small, independent publisher called November Books.”

“An ethical and non-complicit position is possible,” read the statement.

Read the full letter and list of signatories here.


 

Hiba Abu Taha: Jailed Journalist Who Exposed Jordan’s Complicity With Israel


Peoples Dispatch 


Abu Taha was the first Jordanian journalist to be sentenced to prison based on the new, widely condemned cybercrime law.



Jordanian journalist Hiba Abu Taha.

Jordanian journalist Hiba Abu Taha was arrested by Jordanian authorities from her house in Ain Al-Basha town near the capital Amman, in May 2024 for violating the Cybercrime Law that was enacted by the Jordanian government in August 2023, and came into effect in September 2023.

Abu Taha was arrested reportedly in response to an article and an investigative report she wrote which were published on Lebanese news site Annasher at the end of April. The article, titled: “Jordan’s role in defending the enemy entity”, addressed the interception of Iranian drones and rockets launched against Israel, by US, British and French aircrafts over the Jordanian airspace.

Her investigative report, titled “Partners in extermination: Jordanian capital owners involved in Gaza’s genocide” exposed Jordanian companies, which were transporting goods to Israel through the Jordanian territory during Israel’s genocidal aggression on Gaza. The shipment of goods from Jordan to Israel, commonly known as “the land bridge”, had already sparked the outrage of the Jordanian masses, activists, and political elites, a few months before Hiba was arrested. However, the Jordanian government dismissed reports about “the land bridge” more than once calling them allegations, and on other occasions, fabrications and “disgraceful attempts to tarnish Jordan’s position on the Israeli war on Gaza”.

Jordan’s controversial “Cybercrime Law”

One month after being arrested, Abu Taha was convicted of violating the Cybercrime Law and sentenced to one year in prison. The law has been widely criticized by international human rights and press freedom organizations, which accuse the Jordanian government of using it to repress journalists, activists, and any citizen that criticizes the government’s policies and practices online.

In a statement published on its website last August, Amnesty International condemned the enactment of the Cybercrime Law by the Jordanian government.

“The Jordanian authorities must repeal or substantially amend the Cybercrimes Law to bring it in line with international human rights law and standards. Criticism of the government’s policies and actions are legitimate forms of expression that should not be criminalized. Jordan must immediately drop all charges against individuals being investigated or prosecuted solely for the peaceful exercise of their right to freedom of expression,” the statement by Amnesty International reads.

Reporters Without Borders (RSF) also denounced the Cybercrime Law, and the arrest of Abu Taha in particular, labeling the incident as a “huge setback for press freedom” in Jordan. RSF also called on the Jordanian authorities to immediately release Abu Taha.

“This sentence constitutes a huge setback for press freedoms in the kingdom and threatens not only Hiba Abu Taha’s safety but also the safety of all reporters. RSF already sounded the alarm about the dangers posed by the new Cybercrime Law. It must be repealed at once, and Hiba Abu Taha’s conviction must be overturned,” the head of RSF’s Middle East Desk, Jonathan Dagher, stated.

For its part, Women Press Freedom (WPF), slammed the Jordanian authorities for arresting Hiba, describing the Cybercrime Law as “draconian”.

“It is deeply concerning that journalists in Jordan face such severe repercussions for their work, which is essential for transparency and accountability. We stand in solidarity with Hiba Abu Taha and all journalists who face threats and persecution for exposing the truth. The use of vague and broad legal terms to suppress critical reporting is unacceptable and must be challenged. We call on the Jordanian authorities to reverse this unjust sentence, repeal draconian laws that stifle free expression, and ensure a safe environment for journalists to carry out their vital work without fear of retribution,” WPF said in a statement.

It is worth noting that Hiba was the first journalist to be jailed under the Cybercrime Law, but not the last. In July 2024, prominent Jordanian satirical journalist Ahmad Hassan al-Zoubi was arrested and sentenced to one year in prison for writing a post on Facebook, in which he criticized the government’s position on the transportation workers’ strike that took place across Jordan in December 2022.

History of persecution by the Jordanian authorities

It is not the first time that Hiba Abu Taha has been subjected to persecution by the Jordanian authorities for expressing her opinion as a journalist or an activist.

In August 2023, she was arrested on charges of defaming an official body after she wrote a post on social media, criticizing Jordanian King Abdallah II, and accusing him of normalization with Israel. In March 2020, she was reportedly arrested on charges of slander and undermining the government, because of her statements in a previous interview with The Associated Press during a protest against the hike in gas and fuel prices in Jordan in 2012.

Legal perspective

Peoples Dispatch spoke to Hiba Abu Taha’s defense lawyer Rami Odat Allah to understand the legal ramifications of the charges against Abu Taha and her prison sentence.

Mr. Rami Odat Allah clarified that the imprisonment verdict against Hiba was based on two main charges in accordance with Jordan’s Cybercrime Law. One of the charges is “spreading false news, slandering, insulting or defaming a governmental authority or an official body,” while the second charge is “inciting discord and strife among members of society, targeting community peace, and inciting violence”.

Mr. Odat Allah explained that although Abu Taha was facing two charges, they were merged into one prison sentence for one year instead of two years, as per the applicable judicial proceedings, which stipulate that the most serious charge is to be considered when determining the penalty.

Regarding the latest updates on Hiba’s lawsuit, Mr. Odat Allah said that he already submitted a number of requests to substitute the prison sentence with other alternatives such as a travel ban, performing community service, or wearing an electronic bracelet that tracks Hiba’s movements within a specific area. However, the judge rejected all the requests, including the last one submitted on Monday, October 28.

Abu Taha’s lawyer was also asked whether she has faced another charge in October for publishing an investigative report on Jordanian hotels, which were hosting Israeli settlers during Israel’s genocidal war of Gaza. Mr. Rami stated that the lawsuit on the mentioned investigative report was a pending lawsuit filed against Hiba before she was arrested in May, and that the verdict was issued last September. Hiba was sentenced to a fine of 5000 Jordanian Dinars (which approximately equals USD 7,000) in that lawsuit.

Political context

While the prison sentence was given to Hiba in accordance with Jordan’s Cybercrime Law in Jordan, activists and political parties in Jordan perceive it as an arbitrary procedure aimed at repressing voices opposing or criticizing the government.

Her arrest and sentencing took place in a highly sensitive period, during which, the Jordanian government has been accused by the Jordanian masses of maintaining regional policies which are subordinated to the interests of Western countries led by the US, which have provided Israel with unlimited support.

The Jordanian Democratic Popular Unity Party (known in Jordan as Wihdah Party) issued a statement in June, denouncing Hiba’s imprisonment. The party considered Hiba’s investigative reports and articles as part of her right to freely express her political opposition, which is guaranteed in the Jordanian constitution. The party asserted that Hiba was practicing her professional and moral duty in accordance with the article in the constitution which stipulates that “the State shall guarantee freedom of opinion. Every Jordanian shall be free to express his opinion by speech, in writing, or by means of photographic representation and other forms of expression, provided that such does not violate the law.”

The party said that the decision to imprison Abu Taha, was made in “historical moments, during which Jordanian people and vivid political forces in all their sectors have demonstrated their support to the resistance of the Palestinian people against the Zionist occupation, and the genocidal crimes it has committed on a daily basis.”

Moreover, the party demanded that the Jordanian government “end ‘the land bridge’ and anything that would provide the enemy with what enhances its arrogance and criminality. The party also called on the government to end all relations and forms of normalization with the Zionist entity.”

The statement confirmed the party’s rejection of the Cybercrime Law, and all forms of restrictions, pressure and intimidation, calling for an immediate release of Abu Taha and all prisoners of conscience, who were arrested after demonstrating their support to the Palestinian people in Gaza. The party also insisted that the freedom of expression should be upheld for the Jordanian people entirely with regard to their committed national positions towards the struggle against the imperial Zionist projects that pose a threat to Jordan, Palestine, and the Arab nation.

International solidarity campaign

On Sunday, October 27, an online campaign titled “We stand in solidarity with Hiba Abu Taha” was launched by 24 media platforms, including Peoples Dispatch, in three languages: Arabic, English and Spanish.

The posters of the campaign included a joint statement which reads: “We, the media platforms, declare our support for journalist Hiba Abu Taha in Jordan, following the abuse she faced for publishing an investigative report exposing the compliance with the Zionist entity.

This comes amid the wave of attacks on journalists worldwide for their solidarity with the Palestinian cause and for exposing the crimes of the Zionist occupation, supported by the United States and allied and subordinate nations. It also exposes the international community’s failure and double standards regarding freedom of speech, over a year into the genocide in Palestine.

We demand an immediate release of the journalist Hiba Abu Taha and the removal of any restrictions on her ability to carry out her professional and solidarity work.”