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Posts Tagged ‘Hindu

Environmental law and the dharmic principle

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RG_tree_om_blog_20160829The recent history of “global” approaches to the environment has shown that they began full of contradictions and misunderstandings, which have continued to proliferate under a veneer of internationalisation. To provide but a very brief roster, there was in the 1970s the “Club of Rome” reports, as well as the United Nations Conference on Human Environment in 1972 (which produced the so-called Stockholm Declaration). In 1992, the UN Conference on Environment and Development (Rio de Janeiro) was held and was pompously called the “Earth Summit,” where something called a “global community” adopted an “Agenda 21.” With very much less fanfare also in 1992 came the Convention on Biological Diversity, and signing countries were obliged to “conserve and sustainably manage their biological resources through global agreement,” an operational conundrum when said resources are national and not international.

In 2000 came the “Millennium Summit,” at which were unveiled the Millennium Development Goals, which successfully incubated the industry of international development but had almost nothing to do with the mundane practice of local development. In 2015 came the UN Sustainable Development Summit, which released a shinier, heftier, more thrillingly complex list of sustainable development goals. During the years in between, the UN Framework Convention on Climate Change and its associated satellite meetings (three or four a year) spun through every calendar year like a merry-go-round (it is 22 years old, and the very global CO2 measure for PPM, or parts per million, has crossed 400).

The visarjan (immersion) of Shri Ganesh. The idol is accompanied by huge crowds in Mumbai. Photo: All India Radio

The visarjan (immersion) of Shri Ganesh. The idol is accompanied by huge crowds in Mumbai. Photo: All India Radio

Looking back at some five decades of internationalisation as a means to some sort of sensible stock-taking of the connection between the behaviors of societies (ever more homogenous) and the effects of those behaviors upon nature and environment, I think it has been an expensive, verbose, distracting, and inconclusive engagement (but not for the bureaucratic class it sustains, and the “global development” financiers, of course). That is why I find seeking some consensus between countries and between cultures on “ecocide” is rather a nonstarter. There are many differences about meaning, as there should be if there are living cultures left amongst us.

Even before you approach such an idea (not that it should be approached as an idea that distinguishes a more “advanced” society from one apparently less so), there are other ideas, which from some points of view are more deserving of our attention, which have remained inconclusive internationally and even nationally for fifty years and more. Some of these ideas are, what is poverty, and how do we say a family is poor or not? What is economy and how can our community distinguish economic activity from other kinds of activity (and why should we in the first place)? What is “education,” and what is “progress”-and whose ideas about these things matter other than our own?

That is why even though it may be academically appealing to consider what ecocide may entail and how to deal with it, I think it will continue to be subservient to several other very pressing concerns, for very good reasons. Nonetheless, there have in the very recent past been some efforts, and some signal successes too, in the area of finding evidence and intent about a crime against nature or, from a standpoint that has nothing whatsoever to do with law and jurisprudence, against the natural order (which we ought to observe but for shabby reasons of economics, career, standard of living, etc., do not).

Clay cooking pots and decorative terracotta. A craftsman and his wares at a weekly market in Kerala.

Clay cooking pots and decorative terracotta. A craftsman and his wares at a weekly market in Kerala.

These efforts include Bolivia’s Law of the Rights of Mother Earth, whose elaborate elucidation in 2010 gave environmentalists much to cheer about. They also include the recognition by the UN Environment Programme, in incremental doses and as a carefully measured response to literally mountainous evidence, of environmental crime. This is what the UNEP now says, “A broad understanding of environmental crime includes threat finance from exploitation of natural resources such as minerals, oil, timber, charcoal, marine resources, financial crimes in natural resources, laundering, tax fraud and illegal trade in hazardous waste and chemicals, as well as the environmental impacts of illegal exploitation and extraction of natural resources.”  Quite frank, I would say, and unusually so for a UN agency.

Moreover, there is the Monsanto Tribunal, which is described as an international civil society initiative to hold Monsanto-the producer of genetically modified (GM) seed, and in many eyes the most despised corporation ever-“accountable for human rights violations, for crimes against humanity, and for ecocide.” In the tribunal’s description of its rationale, ecocide is explicitly mentioned, and the tribunal intends to follow procedures of the International Court of Justice. It is no surprise that Monsanto (together with corporations like Syngenta, Dow, Bayer, and DuPont) is the symbol of industrial agriculture whose object and methods advance any definition of ecocide, country by country.

This ecocidal corporation (whose stock is traded on all major stock markets, which couldn’t care less about the tribunal) is responsible for extinguishing entire species and causing the decline of biodiversity wherever its products are used, for the depletion of soil fertility and of water resources, and for causing an unknown (but certainly very large) number of smallholder farming families to exit farming and usually their land, therefore also exiting the locale in which bodies of traditional knowledge found expression.  Likewise, there is the group of Filipino investigators, a Commission on Human Rights, who want forty-seven corporate polluters to answer allegations of human rights abuses, with the polluters being fossil fuel and cement companies, including ExxonMobil, Chevron, and BP, and the allegations include the roles of these corporations’ products in causing both “global warming and the harm that follows.”

A 'gudi' and 'bhagwa dhvaj' hoisted by a home in Goa for Gudi Padwa, the festival which marks the beginning of the new year.

A ‘gudi’ and ‘bhagwa dhvaj’ hoisted by a home in Goa for Gudi Padwa, the festival which marks the beginning of the new year.

Such examples show that there is a fairly strong and active manifestation of the movement to recognise ecocide as a crime under international law. However, to find such manifestations, one has to look at the local level. There, the questions pertain more tangibly to the who, what, and how of the ecological or environmental transgression, and the how much of punishment becomes more readily quantifiable (we must see what forms of punishment or reparation are contained in the judgments of the Monsanto Tribunal and the Philippines Commission).

Considering such views, the problem becomes more immediate but also more of a problem-the products of industrialised, mechanised agriculture that is decontextualised from culture and community exists and are sold and bought because of the manner in which societies sustain themselves, consciously or not. It is easier to find evidence for, and easier to frame a prosecution or, the illegality of a corporation, or of an industry, than for the negligence of a community which consumes their products. So the internationalisation (or globalisation) of the idea of ecocide may take shape in a bubble of case law prose and citations from intergovernmental treaties but will be unintelligible to district administrators and councils of village elders.

My view is that searching for the concept which for the sake of semantic convenience we have called ecocide as an outcome of an “internationally agreed” idea of crime and punishment will ultimately not help us. I have such a view because of a cultural upbringing in a Hindu civilisation, of which I am a part, and in which there exists an all-embracing concept, “dharma,” that occupies the whole spectrum of moral, religious, customary, and legal rules. In this view, right conduct is required at every level (and dominates its judicial process too), with our literature on the subject being truly voluminous (including sacred texts themselves, the upanishads, various puranas, and works on dharma).

Perhaps the best known to the West from amongst this corpus is the Arthashastra of Kautilya, a remarkable legal treatise dealing with royal duties which contains a fine degree of detail about the duties of kings (which may today be read as “governance”). This treatise includes the protection of canals, lakes, and rivers; the regulation of mines (the BCE analogue of the extractive industries that plague us today); and the conservation of forests. My preference is for the subject of ecocide and its treatment to be subsumed into the cultural foundation where it is to be considered for, when compared with how my culture and others have treated the nature-human question, it becomes evident that we today are not the most competent arbiters, when considering time frames over many generations, about how to define or address such matters. The insistence on “globalising” views in fact shows why not.

(This comment has been posted at the Great Transition Initiative in reply to an essay titled ‘Against Ecocide: Legal Protection for Earth’.)

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Out with the legislated history of Bharat

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A public statement entitled ‘Hypocrisy and Indian History’ has within two days of it being released gathered supporters by the thousand. Written by a group of historians, archaeologists and scholars of the Indian civilisation, the joint public statement has issued a clear and much-needed call for an unbiased and rigorous new historiography of India.

The 50 signatories (at this time supported by more than 4,000 via an online petition) have condemned the “pernicious imposition by the Leftist School of a ‘legislated history’, which has presented an alienating and debilitating self-image to generations of Indian students, and promoted contempt for their civilisational heritage”. The authors of the joint statement have opened a first front in the quest for India’s Leftist historians – long held as the only writers and interpreters of the history of an ancient and exceedingly rich civilisation – to face a reckoning that will undoubtedly be grim for their school.

'Bheelalas' (also Bhilala), Sehore (MP, the old Central Provinces), 1862, from the Waterhouse Albums

‘Bheelalas’ (also Bhilala), Sehore (MP, the old Central Provinces), 1862, from the Waterhouse Albums

They have pointed to a few of the more odious recent instances of the Left historians doing their duty to the former Congress-led government – on 26 October 2015, a group of 53 Indian historians publicly said they were alarmed by what they perceived as a “highly vitiated atmosphere” in India. Soon after, an “Open letter from overseas historians and social scientists” (numbering 176) followed, and this letter warned against “a dangerously pervasive atmosphere of narrowness, intolerance and bigotry” and “a monolithic and flattened view of India’s history”.

Such made-to-order intellectual endorsing of what has been a tactical political campaign against the BJP government has disturbed many historians, archaeologists and scholars of the Indian civilisation.

hist_quote1The authors of this statement have said their response is to the hypocritical attempts by leftist historians to claim a moral high ground. “Many of the signatories of the above two statements by Indian and ‘overseas’ historians,” they explain in their statement, “have been part of a politico-ideological apparatus which, from the 1970s onward, has come to dominate most historical bodies in the country, including the Indian Council of Historical Research (ICHR), and imposed its blinkered view of Indian historiography on the whole academic discipline”.

The authors of the (welcome and timely) call to free Indian historiography from the intellectual gulags of the left include a number of current members of the ICHR, several former members of the council, several scholars of the Archaeological Survey of India, university professors, Sanskrit scholars and linguists. They provide seven good reasons why their call is important, and these are (reproduced directly from the call):

'Kali Ghat, Calcutta', from 'Picturesque India. A handbook for European travellers, etc.', by W S Caine, G Routledge & Sons, 1890

‘Kali Ghat, Calcutta’, from ‘Picturesque India. A handbook for European travellers, etc.’, by W S Caine, G Routledge & Sons, 1890

1. A reductionist approach viewing the evolution of Indian society almost entirely through the prism of the caste system, emphasizing its mechanisms of “exclusion” while neglecting those of integration without which Indian society would have disintegrated long ago.

2. A near-complete erasure of India’s knowledge systems in every field —philosophical, linguistic, literary, scientific, medical, technological or artistic — and a general under-emphasis of India’s important contributions to other cultures and civilizations. In this, the Leftist School has been a faithful inheritor of colonial historiography, except that it no longer has the excuse of ignorance. Yet it claims to provide an accurate and “scientific” portrayal of India!

3. A denial of the continuity and originality of India’s Hindu-Buddhist-Jain-Sikh culture, ignoring the work of generations of Indian and Western Indologists. Hindu identity, especially, has been a pet aversion of this School, which has variously portrayed it as being disconnected from Vedic antecedents, irrational, superstitious, regressive, barbaric — ultimately “imagined” and, by implication, illegitimate.

hist_quote24. A refusal to acknowledge the well-documented darker chapters of Indian history, in particular the brutality of many Muslim rulers and their numerous Buddhist, Jain, Hindu and occasionally Christian and Muslim victims (ironically, some of these tyrants are glorified today); the brutal intolerance of the Church in Goa, Kerala and Puducherry; and the state-engineered economic and cultural impoverishment of India under the British rule. While history worldwide has wisely called for millions of nameless victims to be remembered, Indian victims have had to suffer a second death, that of oblivion, and often even derision.

5. A neglect of tribal histories: For all its claims to give a voice to “marginalized” or “oppressed” sections of Indian society, the Leftist School has hardly allowed a space to India’s tribal communities and the rich contributions of their tribal belief systems and heritage. When it has condescended to take notice, it has generally been to project Hindu culture and faith traditions as inimical to tribal cultures and beliefs, whereas in reality the latter have much more in common with the former than with the religions imposed on them through militant conversions.

Illustration 'Women of Bombay' from 'What I saw in India', by H S Newman, Partridge & Co., 1885

Illustration ‘Women of Bombay’ from ‘What I saw in India’, by H S Newman, Partridge & Co., 1885

6. A biased and defective use of sources: Texts as well as archaeological or epigraphic evidence have been misread or selectively used to fit preconceived theories. Advances of Indological researches in the last few decades have been ignored, as have been Indian or Western historians, archaeologists, anthropologists who have differed from the Leftist School. Archaeologists who developed alternative perspectives after considerable research have been sidelined or negatively branded. Scientific inputs from many disciplines, from palaeo-environmental to genetic studies have been neglected.

7. A disquieting absence of professional ethics: The Leftist School has not academically critiqued dissenting Indian historians, preferring to dismiss them as “Nationalist” or “communal”. Many academics have suffered discrimination, virtual ostracism and loss of professional opportunities because they would not toe the line, enforced through political support since the days of Nurul Hasan. The Indian History Congress and the ICHR, among other institutions, became arenas of power play and political as well as financial manipulation. In effect, the Leftist School succeeded in projecting itself as the one and only, crushing debate and dissent and polarising the academic community.

hist_quote3And there we have it. I signed the petition (which you will find here) and commented: “The Indic approach to understanding the patterns of the past has been systematically denied, suppressed, altered, misrepresented, miscast, ridiculed and marginalised by the historians who are the subject here. In my view, aspects that have a great deal to do with shaping events and the lives of peoples – language and spirituality – have been ignored altogether by the ‘leftist school’. In so doing, a gigantic corpus of work and memory concerning our Bharatiya past has been concealed or neglected to a condition of near ruin, and this has been disastrous for the transmission of the values and ideas which are part of our heritage. That is why I welcome this call for a new historiography of Bharat.”

The 50 original signatories of this statement are:

1. Dr. Dilip K. Chakrabarti, Emeritus Professor, Cambridge University, UK; Dean, Centre of Historical and Civilizational Studies, Vivekananda International Foundation, Chanakyapuri, Delhi; member, ICHR
2. Dr. Saradindu Mukherji, historian, retired from Delhi University; member, ICHR
3. Dr. Nanditha Krishna, Director, CPR Institute of Indological Research, Chennai; member, ICHR
4. Dr. M.D. Srinivas, former professor of theoretical physics; former vice-chairman, Indian Institute of Advanced Study; chairman, Centre for Policy Studies, Chennai; member, ICHR
5. Dr. Meenakshi Jain, associate professor of history, Delhi University; member, ICHR
6. Michel Danino, guest professor, IIT Gandhinagar; member, ICHR
7. Prof. B.B. Lal, former Director General, Archaeological Survey of India
8. Dr. R.S. Bisht, former Joint Director General, Archaeological Survey of India
9. Dr. R. Nagaswamy, former Director of Archaeology, Govt. of Tamil Nadu; Vice Chancellor, Sri Chandrasekharendra Saraswathi Viswa Mahavidyalaya, Kanchipuram
10. Dr. B.M. Pande, Former Director, Archaeological Survey of India
11. Prof. Dayanath Tripathi, former Chairman, ICHR; former Head, Dept. of Ancient History, Archaeology and Culture, D.D.U. Gorakhpur University, Gorakhpur; former Visiting Professor at Cambridge, British Academy
12. Prof. R.C. Agrawal, President, Rock Art Society of India; former Member Secretary of ICHR
13. Prof. K.V. Raman, former professor of Ancient Indian History & Archaeology, University of Madras
14. Dr. Padma Subrahmanyam, Dancer and Research Scholar
15. Prof. Kapil Kapoor, former Rector, Jawaharlal Nehru University, New Delhi; Chancellor, Mahatma Gandhi Antararashtriya Hindi Vishwavidyalaya, Wardha (Maharashtra)
16. Prof. Madhu Kishwar, Professor, Centre for the Study of Developing Societies, New Delhi
17. Dr. Chandrakala Padia, Vice Chancellor, Maharaja Ganga Singh University (Rajasthan); Chairperson, Indian Institute of Advanced Study, Shimla
18. Sachchidanand Sahai, Ph.D. (Paris), National Professor in Epigraphy, Ministry of Culture, Government of India, Advisor to Preah Vihear National Authority under the Royal Government of Cambodia; member, ICHR
19. Dr. J.K. Bajaj, Director Centre for Policy Studies, Former Member ICSSR
20. Dr. Makarand Paranjape, Professor of English, JNU; Visiting Global South Fellow, University of Tuebingen
21. Dr. Nikhiles Guha, former professor of history, University of Kalyani, West Bengal; member, ICHR
22. Prof. Issac C.I., member, ICHR
23. Prof. (Dr.) Purabi Roy, member, ICHR
24. Prof. Jagbir Singh, Former Professor and Head, Dept. of Punjabi, University of Delhi; Life Fellow, Punjabi University, Patiala.
25. Dr. G.J. Sudhakar, former Associate Professor, Dept. of History, Loyola College, Chennai
26. Dr. Bharat Gupt, Former Associate Professor, Delhi University
27. Prof. O.P. Kejariwal, Central Information Commissioner & Nehru Fellow
28. Dr. S.C. Bhattacharya, former Professor and HOD, Ancient History, Culture and Archaeology, Allahabad University; former National Fellow, IIAS, Shimla
29. Prof. S.K. Chakraborty, former professor, Management Centre for Human Values, Indian Institute of Management Calcutta
30. Dr. Amarjiva Lochan, Associate Professor in History, Delhi University; President, South and Southeast Asian Association for the Study of Culture & Religion (SSEASR) under IAHR, affiliated to the UNESCO
31. Dr. R.N. Iyengar, Distinguished Professor, Jain University, Bangalore
32. Professor (Dr) R. Nath, former Professor of History, University of Rajasthan, Jaipur
33. Kirit Mankodi, archaeologist, consultant to Project for Indian Cultural Studies, Mumbai
34. Prof. K. Ramasubramanian, Cell for Indian Science and Technology in Sanskrit, IIT Bombay; Council Member International Union for History and Philosophy of Science; member, Rashtriya Sanksrit Parishad
35. Dr. M.S. Sriram, Retired Professor and Head, Department of Theoretical Physics, University of Madras; Member Editorial Board, Indian Journal of History of Science; Former Member, Research Council for History of Science, INSA
36. Dr. Amartya Kumar Dutta, Professor of Mathematics, Indian Statistical Institute, Kolkata
37. Dr. Godabarisha Mishra, Professor and Head, Dept. of Philosophy, University of Madras
38. Dr. R. Ganesh, Shathavadhani, Sanskrit scholar
39. Sri Banwari, Academic and Journalist; former Resident Editor, Jansatta
40. Dr. S. Krishnan, Associate Professor, Dept of Mathematics, IIT Bombay
41. Dr. Rajnish Kumar Mishra, Associate Professor, Special Centre for Sanskrit Studies, Jawaharlal Nehru University, New Delhi
42. Dr. Vikram Sampath, Director, Symbiosis School of Media and Communication; former Director of Indira Gandhi National Centre for the Arts (IGNCA) – SRC; historian and author
43. Prof. K. Gopinath, Indian Institute of Science, Bangalore
44. Prof. M.A. Venkatakrishnan, former Professor and Head, Dept. of Vaishnavism, Madras University
45. Dr. Sumathi Krishnan, Musician and Musicologist
46. Dr. Prema Nandakumar, Author and translator
47. Dr. Santosh Kumar Shukla, Associate Professor, Special Centre for Sanskrit Studies, Jawaharlal Nehru University, New Delhi
48. Dr. Siniruddha Dash, former Professor & Head, Dept. of Sanskrit, University of Madras
49. Dr. Mamata Mishra, Managing Trustee, Prof. K.V. Sarma Research Foundation
50. Dr. Chithra Madhavan, historian and epigraphist

Written by makanaka

November 20, 2015 at 00:59