Emergency Trends In India

A state of emergency is a governmental declaration which suspends a few normal functions of the executive, legislative and judicial powers, alerts citizens to change their normal behaviours, or orders government agencies to implement emergency preparedness plans. It can also be used for suspending rights and freedoms, even if guaranteed under the constitution. Emergency is declared during a time of natural or man-made disaster, during periods of civil unrest, or following a declaration of war or situation of international or internal armed conflict. It may include right to detention without trials for period up to 48 hours.

The Indian Emergency of 26 June 1975 – 21 March 1977 was a 21-month period, when President Fakhruddin Ali Ahmed, upon request by Prime Minister Indira Gandhi, declared a state of emergency under Article 352 of the Constitution of India, effectively bestowing on her the power to rule by decree, suspending elections and civil liberties. Lok Nayak Jayaprakash Narayan, a scholar of law, called it one of India's "blackest hours".

Many events led to emergency. Opponents had long made allegations that Gandhi's party, Congress, had practiced electoral fraud to win the 1971 elections. Congress was defeated in Gujarat by Janata Party, and even faced an all-party, no-confidence motion in Parliament. Raj Narain, who had been defeated in parliamentary election by Indira Gandhi, lodged cases of election fraud and use of state machinery for election purposes against Gandhi in the Allahabad High Court. On 12 June 1975, the Allahabad High Court found the Prime Minister guilty on the charge of misuse of government machinery for her election campaign. The court declared her election null and void and unseated her in the Lok Sabha. The court also banned her from contesting any election for an additional six years. Serious charges such as bribing voters and election malpractices were dropped. The Government cited threats to national security, as a war with Pakistan had recently been concluded.  Additional challenges of drought and the 1973 oil crisis left the economy was in bad shape. The strikes and protests had paralyzed the government and hurt the economy of the country greatly. Hence, on 25 June 1975, emergency was declared, censorship imposed and opposition leaders were arrested. Indira Gandhi devised a '20-point' economic program to increase agricultural and industrial production, improve public services and fight poverty and illiteracy. during this period.

On 5 August 1975, the Maintenance of Internal Security Act bill was approved by the parliament, giving the administration and Indian law enforcement agencies super powers - indefinite "preventive" detention of individuals, search and seizure of property without warrants, and wiretapping - in the quelling of civil and political disorder in India, as well as countering foreign-inspired sabotage, terrorism, subterfuge and threats to national security.

Criticism and accusations of the Emergency-era may be grouped as:

• Detention of people by police without charge or notification of families
• Abuse and torture of detainees and political prisoners
• Use of public and private media institutions, like the national television network Doordarshan, for government propaganda
• Forced sterilization initiated by Sanjay Gandhi.
• Destruction of the slum and low-income housing in the Turkmen Gate and Jama Masjid area of old Delhi.
• Large-scale and illegal enactment of laws (including modifications to the Constitution).

The Sikhs believed that the democratic structure stands on three pillars, namely a strong opposition, independent judiciary and free press, and emergency has destroyed all these essentials. Hence they started opposing. About 140,000 people had been arrested without trial during the twenty months of Gandhi's Emergency, of which 40,000 were Sikhs.

Rashtriya Swayamsevak Sangh(RSS), which was seen close to opposition leaders, and with its large organizational base was seen potential of organizing protests against the Government, was also banned. The RSS defied the ban and thousands participated in Satyagraha against the ban and against the curtailment of fundamental rights. Later, the volunteers of the RSS formed underground movements for the restoration of democracy.

Other major events during emergency were:

• 26 September 1975: The Thirty-ninth Amendment, placing election of Prime Minister beyond the scrutiny of judiciary, is approved.
• 9 January 1976      : The government suspends seven freedoms guaranteed by Article 19 of the Constitution of India.
• 4 February 1976    : The Lok Sabha's life is extended by one year.
• 2 November 1976  : The Lok Sabha passes the Forty-second Amendment, making India a socialist secular republic and laying down the fundamental duties of its citizens.
• 18 January 1977    : The President dissolves the Lok Sabha.

On January 23, 1977, Gandhi called fresh elections for March and released all political prisoners. On 22 March 1977, the Janata Party gained absolute majority in elections. The Emergency officially ended on March 23, 1977.

Freedom Under Threat

Located at the southern-most corner of the Asian continent is a country known for its diverse culture, an elaborate Constitution and friendly residents, a.k.a India. Almost as diverse are the countries that border India, fondly called ‘neighbours’. On the west side lies Pakistan – a land which burns under the terrorist groups it unwillingly(or maybe willingly) hosts and dares to desire Kashmir – the northern-most Indian state it shares borders with. On the east lies China – a country known for its copies of anything and everything that ever enters the electronic market. In recent times, neighbours Pakistan and China have become major cause of distress for India.

The year 2013 has so far been a year of tragedy and loss for the country. Earlier this year, Indo-Pak border of Kashmir came under fire following the trespassing and beheading of an Indian soldier by Pakistani counterparts. Two incidents of ambush and cross-border firing were registered in subsequent weeks in August itself, which ended up in tragic death of five Indian soldiers and one injured in separate incidents. Condition at borders continues to remain cold despite the many peace talk and treaties between the two nations.

Yet another violation comes from the other neighbour, China.  According to a latest article by a notable personality, India’s bordering states are threatened by attacks from China in the near future. The country eyes the snow-clad peaks of Ladakh along Indo-China borders. The article highlights May and June of 2014 as the most vulnerable period of attacks. This notion is supported by the following facts: 

• 2014 is of political importance as general elections are due this year, especially the months of May and June. Past incidents indicate that countries are vulnerable to foreign attacks during the election period. The reason is that the election process shifts the focus of security forces more towards securing polling booths as compared to borders. This is the much needed distraction expected by infiltrators.
• Another fact that stands in support is the ageing of various military equipment such as fighter planes and ships. India’s planes are as old as 40 years and need replacement. They are to retire in 2014 but new planes will take longer to come.
• Adding more to our woes are the hilly and stormed terrains of Indo-China border. There are two major points along the border. In case of emergency, the least expected time Indian forces will take to reach these points are 13 hrs and 5 days (approx) respectively, while the Chinese can make it there in about 3-6 hours!
• The Indo-China relations have hit a new low since the recent events of trespassing and stealing security camera by Chinese soldiers have come to light. It clearly shows that things are going downhill and chances of war are likely.

Indian military experts have been continually warning the government of the conditions at the border, bu it appears that either the government is turning a deaf ear or it is sidelining the matter in view of election campaign.

The experts suggest the following preventive measures:

• The experts advice the government to strengthen its infrastructure along the border as soon as possible. The roads to border are nothing but rocky paths, and the conditions have been such since 1962. Comparing the conditions of India and China during 1962 and now, the article says that though Indians have come a long way, the development is insufficient compared to its peer. India lacks an air force base along the disputed border. On the other hand, China has constructed eight main air force bases along major areas of border, with 14 other small bases, ready to be used for war. Definitely an Infrastructural Revolution is called for India.
• Although our planes are wearing out, there are some very good fighter planes with us which, if used wisely, can turn the winds to our favour.

India celebrates its 66^th Independence Day while war looms in the vicinity, and memories of those dreaded times of 1947 cross my mind, fresh and live. I have immense faith in my people. If and when the time comes, we shall fight together yet again to protect our glory and all that matters. Meanwhile, I pray for peace and strength...Amen.