Emergency, rights & wrongs

Forty years ago internal Emergency was imposed on the country for 21 months between 1975 and 1977, a period commonly dubbed the darkest chapter in independent India's history. Civil liberties were crushed, the Press was gagged and the judiciary, like other institutions, caved in to pressure. Excesses were committed, the most infamous being forced sterilizations and Turkman Gate demolitions. Mrs Gandhi’s autocratic rule exposed how tenuous Indians' commitment to democracy was. Barring a few, journalists were ready to crawl, when asked to bend as LK Advani famously put it. The judiciary failed to uphold the Constitution and protect the citizens’ rights. Judges did not entertain habeas corpus petitions. Only Justice H.R. Khanna stood against the trend.

If people meekly submitted to the suspension of their rights and freedoms it was partly because the JP movement and Opposition protests had threatened to create social disorder. They did not approve of the politics of disruptions. The Emergency was tolerable because it rolled back creeping anarchy and disorder. Because of Press censorship people did not know of atrocities. Finally when awareness dawned and an opportunity came, they punished the autocrat. The Jana Sangha (now BJP) fought the Emergency. If it does not appear enthusiastic about the day today, it is understandable. Many in the Sangh Parivar do not respect others' freedoms and rights — freedom of speech and right to study, do business, eat or practise religion of choice. They too believe in a strong leader who should not be slowed down by democratic constraints.   

Advani created a flutter the other day by saying that Emergency could happen again. A commitment to democracy is lacking, he lamented. His apprehension cannot be dismissed lightly. Though the Constitution has been amended to ensure that its basic structure is not tinkered with, it is still easy to subvert institutions by having loyalists in place. The media is stronger today but business houses owning them can be managed. The threat to judicial independence is all too obvious. Desmond Tutu has aptly cautioned: “The price of freedom is eternal vigilance”.