Dr. Karuna Thakur
The right of people to vote and elect representatives is not the sole purpose of participatory democracy ,which also requires the presence of autonomous social groups called -the civil society to question the state and its actions. In the west, associational groups like cricket, soccer and neighborhood clubs and pubs played a transformative role in the growth of democracy by bringing people together in small groups to debate politics. Arguably, what makes civil society, so important is the fact that while a state can punish an earing citizen by using the law at its command, there is no such institution to check the erring state when it chooses to violate or transgress the law . Therefore participatory democracy realizes its real essence only when actions of the state are subject to constant questioning and scrutiny: a vibrant civil society in other words is the key to a vibrant democracy.
In this regard Jammu and Kashmir faces a daunting task , particularly after an electoral verdict which though spectacular in terms of voter turnout was fractured in nature , and brought polar opposite partners in a coalition government . Whether they uphold popular mandate and honor the call of democratic governance or succumb to ideological pressures remains a critical test for both. But in a scenario where coalition partners walk a tight rope trying to maintain a precarious balance , the civil society can intervene as the third stake holder: vigilant and assertive , raising issues and questions which concern the interests of the people and at the same time serve as a sort of social audit to hold representatives accountable for the mandate given to them . Surely societies are not uniform; they have inherent differences and exist in concentric circles where interests of one section are different from the other . But consciousness at each level can prove truly beneficial. Earnestly , one could start by asking simple questions like : why Jammu city , a capital city and the heart of Jammu region with pilgrim tourism as its mainstay must present a deplorable specter of shanty roads , garbage dumps and chaotic traffic at entry points , where an airport resembles a bus stand and a bus stand looks no better than a road side dhaba. One could also question why a transport yard and a ware house must continue to operate from the busiest junctions of the city to create traffic chaos. Also , why an imposing state secretariate , vulnerable from security point of view must safeguard its safety by subjecting citizens to perpetual harassment and inconvenience in the form of cordons and barricades in the heart of a city severely cramped of space. One could also question a patriarchal state’s tendency not only to usurp public space at will but also the gender space – a cause proclaimed to be topmost on its agenda. A telling example of usurpation of gender space by state is the ladies park , adjoining the secretariat , which is a refuge for ladies to walk , meditate and exercise ; but at any given time becomes a parking zone for Government vehicles with all the security paraphernalia . Prying eyes and intrusive presence of the personnel cause utter discomfort but there are no voices to question them.
Take the issue of state flag, which has been seriously contested since the fifties. Interestingly, the debate has primarily centered on the efficacy of dual flag rather than the content or the symbol of the flag itself. Pertinently , in non democratic , authoritarian or totalitarian states , party symbols and state symbols can amalgamate to constitute the national flag , but not in a democracy , where national or state flags are representations of republican or popular ethos , and symbolize values which have universal or humanistic appeal ; they are holistic and inclusive in character . In that sense state flag of Jammu and Kashmir explicitly carries the symbol of a plough which is also the official party symbol of National Conference. It represents the labour and the peasantry which was the ideological plank of party ‘s struggle against the feudal rule of then Maharaja of the state and formed the basis of land reform program me undertaken later on. Since it excludes other constituent sections of society in the state, it has an exclusive rather than an inclusive character. Therefore appropriation of a party symbol and its particularistic stream of thought to represent the state not only emasculates the party in question but also goes against the basic tenets of democracy . One can draw parallel between the Congress party flag ,which, on independence was modified , replacing Gandhi’s spinning wheel with Ashoka’s wheel . But there is a difference which can partially justify the use of Congress party flag as national flag with adaptation . It is the argument that the tricolor symbolizes universal values of humanity, peace and justice rather than the interests of any particular segment of the society. Even so , as a matter of principle , sanctity of a state or national flag is best maintained when they are not allowed to be replicated , distorted or modified even remotely . To that extent both the Congress and the National Conference can be said to have left an imprint of their hegemonic dispositions for perpetuity in the two flags – national and state . Beause once the tricolor was adopted as the national flag , any adaptation or variation of the same in any form should have been disallowed which was not done . As a result, Congress and other parties have continued to temper with the basic structure of the national flag. In J&K , once the plough had been adopted as the symbol of state flag, retention of the same as a party symbol should not have been allowed . Apparently like all other historical narratives and identities which are constructions of dominant elite of a society , the identity and character of state flag bears evidence of – if not complicity at least the intent of the ruling elite of the times to keep their linkages alive in the design of the flag itself . It is now time to subject it to scrutiny and to analyse whether state instruments like flags can be used as symbols for glorifying paricular legacy of a party or representing common history in a matter of fact way. By all accounts the fundamental question – whether the symbol of state flag is neutral in character is a subject which demands serious consideration.
At another level, one can even, question Article 370 which, like any other law of the land is sacred but not untouchable. No law in a welfare state is untouchable. Even if laws have historical roots, their utility has to be assessed in terms of the extent, reach and the context in which they exist and treated accordingly: by retention, modification or rejection. No laws can remain in existence for ever as needs and perceptions of society change over time. And relevance of article 370 has to assessed in the same spirit – its context and reach in present times. It has to be judged from people’ s perspective : whether it is uniformly beneficial to all or only to some. Modern democracies are people’s democracies and pluralist democracy in particular must be based on priciples of equity, justice and good of all ; any law which is contested is a sure case for review in the interests of larger good of society.
it is worthwhile to remember that states are known to create false consciouness by inventing issues and generating fears which hardly exist ; it is because they have a vested interest in retaining control and dominance over society. Very often states have also betrayed societies of which they claimed to be the trustees : not only because they had an inherent tendency to do so; but also because the civil society therein lacked the countervailing power of assertion and interrrogation. Hence a caveat for civil society : do not trust the state entirely, treat it with due care , caution and constant invigilation for best results.
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